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Home My WebLink About2018-07-17 Council Meeting CITY OF -ASHLAND ImpOrtan : Any citinn may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the Presiding Officer'may allow oral testimony. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL July 17, 2018 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER IL PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Study Session of July 2; 2018 2. Executive Session of July 2, 2018 3. Business Meeting of July 3, 2018 VI. SPECIAL PRESENTATIONS & AWARDS 1. Annual Presentationby Forest Lands Commission VII. MINUTES OF BOARDS. COMMISSIONS. AND COMMITTEES Airport Conservation Forest Lands Historic Housing and Human Srvs. Parks & Recreation Planning Public Arts Transportation Tree Wildfire Mitigation VIII. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] CITY OF ASHLAND CITY COUNCIL STUDY SESSION DRAFT MINUTES Monday July 2, 2018 Council Chambers, 1175 E. Main Street Mayor Stromberg called the Study Session to order at 5:30 p.m. Councilor Slattery, Morris, Bachman, Seffinger, and Jensen were present. Rosenthal was absent. Mayor Stromberg introduced the queen of Guanajuato who will be in the 4`s of July Parade. Senora Chela gave a brief background of Queen Jessica. Queen Jessica introduced herself and her sister. She spoke regarding independence and importance of being a part of the parade. 1. Public Input (15 minutes, maximum) None. II. Oregon Liquor Control Commission - Local Liquor License Approval Process Dan Croy and Kelly Rout from OLCC went over the Liquor License process. Council discussed: • Councils role in approval and denial of a license. • Authority of Council and OLCC. • Recourse to consistent violators. • Refusal of renewing a liquor license. • Granting a liquor license with restrictions. • Violation of a license criteria. • 50 violations reported in a year. Police Chief O'Meara spoke that the Police Department has a substantial relationship with the OLCC inspector and that along with the Police Department and OLCC they do their best to hold all license holders accountable. He also explained that the City has a Chronic Nuisance Ordinance that can shut down an establishment for up to 6 months if there are 3 or more violations. He explained this goes through court. Mr. Croy explained that when a complaint is filed the report goes to the appropriate office for fact collecting. He went over the process of denying or granting a liquor license after a complaint was made. City Attorney, David Lohman questioned if compliance actions occur before 50 violations in a year. Mr. Croy answered that action is taken depending on the type of violation. Slattery spoke regarding persistent issues at Will Dodge Way. Chief O'Meara gave a brief background regarding Will Dodge Way. He spoke that the investigator has been doing a great job. Mr. Croy spoke that he has not heard of any issues at Will Dodge Way. He explained that OLCC can review certain areas going back a couple years if violations are reported. Mayor Stromberg spoke that there needs to be a clear understanding of what behaviors are governed by the City and what is governed by OLCC. He spoke to the importance of communication. III. Pioneer Hall - Draft RFS Review Public Works Director, Paula Brown spoke regarding the RFS-Request for Solicitation for Pioneer Hall. Items discussed were: • Long-term Community use. • Option for sale of the property. • Option for leasing the property. • Option of selling both the Community Center and Pioneer Hall. • Zoning requirements. • Day use and overnight use of the facilities. • The possibility of Parks buying the property. • Ideas of how to use the property. Council decided to go ahead with the RFS and create a small team of Staff and Councilors to look over the RFS proposals and bring back to Council. W. Summer Water Supply Update Water Conservation Specialist, Julie Smitherman and Ms. Brown gave a Summer water supply update. Ms. Brown spoke that there are 3 water sources in Ashland: Reeder Reservoir and Ashland Creek water, Talent Irrigation District (TID) and the Talent-Ashland-Phoenix (TAP) Intertie from the Medford Water Commission. She spoke that this is a relatively short water year and the importance of maximizing the use of all water sources. Items discussed were: • Irrigation water for irrigation not drinking water. • TID water. • Water rights. • Efficiencies of power and water generation. • Water programs. • Irrigation evaluations for customers. • Citizen outreach. • Graywater & Rainwater Catchment Workshops. • Rebates for installing a smart irrigation controller. Jensen questioned where the rebate money would come from. Ms. Smitherman spoke that it has been approved in the budget for the last two years due to water savings. V. City Administrator Updates Mr. Hanks gave a brief update on the Look Ahead. Council adjourned to Executive Session at 7:05 PM to conduct deliberations with persons designated by the governing body to carry on labor negotiations. pursuant to ORS 190.660(2)(d) Respectfully submitted by: City Recorder, Melissa Huhtala Attest: Mayor Stromberg 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 1). V. City Administrator Updates Mr. Hanks gave a brief update on the Look Ahead. Council adjourned to Executive Session at 7:05 PM to conduct deliberations with persons designated by the governing body to carry on labor negotiations. pursuant to ORS 190.660(2)(d) Respectfully submitted by: City Recorder, Melissa Huhtala Attes . .r- May Str mberg 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). CITY OF ASHLAND AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL July 3, 2018 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 1. CALL TO ORDER Mayor Stromberg called the meeting to order at 7:04 PM. H. PLEDGE OF ALLEGIANCE III. ROLL CALL Councilor Bachman, Slattery, Morris, Seffinger, Rosenthal and Morris were present. IV. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced Commission and Committee vacancies. Seffinger announced there will be a ceremony introducing the art piece "Elevation" will be on July 6' at 4 PM at the Bandersnatch Trail. Slattery/Seffinger moved to delay Unfinished Business Item #2 -Review proposed provisions of Councilor Rules to a future Business Meeting. Discussion: None. All Ayes. Motion passed unanimously. V. APPROVAL OF MINUTES 1. Executive Session of June 14, 2018 2. Executive Session of June 15, 2018 3. Study Session of June 18, 2018 4. Business Meeting of June 19, 2018 Bachman /Rosenthal moved to approve the minutes. Discussion: None. All Ayes. Motion passed unanimously. VI. SPECIAL PRESENTATIONS & AWARDS 1. SmokeWise Ashland Presentation by Fire and Rescue Forest Division Chief, Chris Chambers and Chamber Executive Director, Sandra Slattery presented Council with an update on the SmokeWise Ashland Program. Also in attendance was Chamber Membership & Business Development Director, Dana Preston and Fire Adapted Community Coordination, Alison Lerch. Ms. Slattery spoke that the Chamber has a history of collaborating with the City and Fire Department on Forest Restoration. She explained that in 2017 the Chamber offered to join a task force for wild fire prevention. In 2017 there was a Fire Surmnit which included a number of leaders talking about preparedness. During this Summit the task force was able to identify gaps and work on what needed to be done to fill those gaps. She explained that the task force met monthly through the summer. Mr. Chambers spoke regarding what to do when there is smoke. He spoke that last year there were 47 days continuous of smoke most of which was rated at the unhealthy range. He spoke that the task force met in the fall after the smoke had cleared to address things not known such as: long term effects of smoke, how much precaution does a person need to take and what kind of protection is needed. Ms. Slattery explained that after the questions were defined the began working on ways to find the answers and create a strategy to communicate the solutions to the public. She spoke that there would be a Smoke Preparedness Workshop (see attached). Council was shown two videos: Smokey Skies and Your Health https://vimeo.com/257174563 How to fit a Niosh N95 Adult Mask https://vimeo.com/257185210 Ways to alert the Community on how to deal with smoke was discussed. Ms. Slattery spoke that they are working on an educational effort to write articles for the media, chamber email and emails to community partners. Ms. Slattery spoke that the work the task force has done has been recognized by many that want to use their model for their Communities in the State. Mr. Chambers spoke that setbacks to Ashland forest resilience work is they can't get enough of the proactive burning done every year. He spoke that they are looking into solutions for this issue. Seffinger spoke to the importance of preparedness and knowledge. Rosenthal thanked the presenters for their leadership and good example of how much better it is working together in partnerships. He spoke that in late April the controlled burning began and the smoke drifted into town which triggered a lot of concern. He questioned the reasons for the smoke coming into the City. Mr. Chambers explained that they did have to file a report under current regulations since smoke got into the valley. He spoke that under current regulations the weather forecast didn't pan out and the wind shifted. He explained that controlled burning is important to maintain millions of dollars of investments. Seffinger questioned if there are plans for the homeless when smoke hazard is a concern. Mr. Chambers spoke that this is in discussion and looking into options for a shelter. VII. MINUTES OF BOARDS, COMMISSIONS, AND COMMITTEES Airport Conservation Forest Lands Historic Housing and Human Srvs. Parks & Recreation Planning Public Arts Transportation Tree Wildfire Mitigation VIII. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] Dick Wandersheid-Ashland- Thanked Mayor and Council for an opportunity to speak and for their countless hours of service the Community. He spoke that on June 16, 2018, John Fregonese passed away. Mr. Fregonese was a former City of Ashland City Planning Director for 13 years. He spoke that he was a friend, brother and mentor. New friend brother and mentor. He spoke regarding Mr. Fregonese's accomplishments. Such as: • Comprehensive plan acknowledged by LCDC. • Standards Ord. Zoning Code • Applied for a million-dollar block grant for homes in the Railroad District • Implemented site design guidelines and approved sign codes. • Helped support and develop energy efficiency and water efficiency programs He spoke that many who worked in his leadership and are now great workers around the state. Mr. Fregonese was inspiring and mentored to be successful. There is no an accounted opened for donations to help restore the Butler-Perozzi Foundation. To donate you can make deposits at any Rogue Credit Union. Please reference "Fregonese Memorial Fund". Checks can be mailed to: Rogue Credit Union, PO Box 4550, Medford, OR 97501 (see attached). Dennis Miller- Campground in Applegate-Spoke regarding slips and falls. He spoke that on June 25, 2017 he slipped and fell and it took him 4-6 weeks to walk again. After the fall he went to places around the City suggesting to get pamphlets to pass out to the Community regarding slips and falls. He spoke that there are many seniors in Ashland and we need to offer more to them. IX. CONSENT AGENDA 1. Approval of Radio Maintenance Agreement with Day Wireless for Ashland Police Department and Ashland Fire and Rescue (special procurement) 2. Information on fees associated with sidewalk dining permits within the City Rosenthal pulled this item. He spoke that the sidewalk dining permits within the City should be the same cost as the ones that are managed by Parks and Recreation. He suggested that Ms. Brown work with Parks and Recreation and look at the cost of service and city permits. He spoke to have a revenue source that would be useful for both and equitable for everyone. 3. Approval of City and Parks contracts with Pathway Enterprises, Inc. to provide janitorial services for City and Parks facilities 4. Award of public contract for municipal audit services to Moss Adams LLP 5. Award of contract for disposal of biosolids to Dry Creek Landfill, Inc. from Waste Water Treatment Plant 6. Assignments of Council Liaisons to Boards, Commissions, and Committees Seffinger pulled this item. She wanted to acknowledge the Forest Lands Commission for their great work. She gave a special thanks to Jeff Mcfarland and spoke that Bachman will be a great Council Liaison to this Commission. amazing group. 7. Approval of a water service connection for a residential property located at 597 Benson Way 8. Appointment of Allison Renwick to the Public Arts Commission 9. Confirmation of mayoral appointment of Kelly Madding as City Administrator Slattery pulled this item. Kelly Madding came up to the dais. Slattery welcomed Ms. Madding. Ms. Madding introduced herself. She spoke that it is an honor to be here. She spoke that when she left the City of Ashland years ago it had always been a goal of hers to come back to lead the City as City Administrator. She spoke that she is looking forward to working with City Staff. She thanked Council. Rosenthal spoke that he had pleasure of working with Madding at the City of Medford and although sorry to see her to leave City of Medford he is excited she is coming to Ashland. Slattery/Bachman moved to approve the Consent Agenda. Discussion: None. All Ayes. Motion passed unanimously. X. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be set by the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s) until up to 10:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda.) None XI. UNFINISHED BUSINESS 1. Award of contract for the Ashland City Hall concepts, design and construction services with ORW Architecture Ms. Brown and Public Works Project Manager, Kaylea Kathol gave Council a staff report. Ms. Brown spoke that she would recommend keeping Briscoe in the contract. She explained that the 8 of the 11 Ad-Hoc Committee members spoke they would prefer City Hall in current location and leave the Community Development Building as is. 2 of the 11 members spoke to move City Hall to the Civic Center and 1 member spoke to move everything. Bachman spoke in support of looking at all three sites. Bachman/Jensen to approve the award of a contract for professional engineering/architectural services with ORW Architecture for either: o $97,085 to complete Phase 1 of the City Hall Concepts, Design and Construction Services for three concepts; City Hall in its current location, new facility at the Civic Center and reconstruction at the Briscoe School location. Discussion: Bachman spoke that it is important to have as much information that we can see best options. Jensen spoke we owe it to the community to look at all three options and need to be informed. Morris spoke that he will not support the motion. He spoke that there is a shortage of R2 and R3 land. Slattery spoke that he will not support the motion. He spoke if Briscoe would not be a good option for City Hall then why study it. He spoke that we should listen to the Ad-Hoc Committee. He suggested to retrofit the current City Hall and find the least cost alternative. He spoke that he would like to see the least to greatest things the City can do to make City Hall safe. Ms. Brown explained the discussion with ORW is to do 3 conceptual designs. Seffinger agreed with Slattery and will not support this vote. She spoke to the importance of affordable housing which is a current need in the Community. She spoke to the advantages of having the government buildings centralized. Jensen spoke in support of including Briscoe in the analysis. Rosenthal spoke to the importance of Council doing due diligence. He spoke that Council has a responsibility to look at all 3 sites. He spoke that things can change in 3 years and in the long-run it will be good to have this study done. Mayor Stromberg spoke to the importance of due diligence and that he would support the vote. Roll Call Vote: Bachman, Jensen, Rosenthal: YES. Slattery, Morris, Seffinger: NO. Mayor: YES. Motion passed 4/3. 2. Review and proposed revisions of council rules XII. NEW AND MISCELLANEOUS BUSINESS None XIII. ORDINANCES, RESOLUTIONS AND CONTRACTS None. XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XV. ADJOURNMENT OF BUSINESS MEETING The Council Business Meeting adjourned at 8:40 PM Respectfully submitted by: City Recorder, Melissa Huhtala Attest: Mayor Stromberg In compliance with the Americans with Disabilities Act, ifyou need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTYphone 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). importance of affordable housing which is a current need in the Community. She spoke to the advantages of having the government buildings centralized. Jensen spoke in support of including Briscoe in the analysis. Rosenthal spoke to the importance of Council doing due diligence. He spoke that Council has a responsibility to look at all 3 sites. He spoke that things can change in 3 years and in the long-run it will be good to have this study done. Mayor Stromberg spoke to the importance of due diligence and that he would support the vote. Roll Call Vote: Bachman, Jensen, Rosenthal: YES. Slattery, Morris, Seffinger: NO. Mayor: YES. Motion passed 413. 2. Review and proposed revisions of council rules XII. NEW AND MISCELLANEOUS BUSINESS None XIII. ORDINANCES, RESOLUTIONS AND CONTRACTS None. XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XV. ADJOURNMENT OF BUSINESS MEETING The Council Business Meeting adjourned at 8:40 PM Respectfully submitt d by: City Recorder, Melissa Huhtala Attest: Ma or Stromberg 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). i I~ t 4- - h x ~ qa~' J++r' sr 9r 1:I' Business Resiliency Workbook for Smoke Preparedness Partners: Ashland Chamber of Commerce Ashland Fire & Rescue Fire Learning Network - The Mature Conservancy United States Forest Service Asante Ashland Community Hospital February 21, 2018 3 Shops fin Sffu7kto Prepm7edness How to be prepared for smoke impacts to your business, employees and customers 1. Assess your current situation 2. Take action to help minimize smoke impacts 3. Be ready with a communication plan during a smoke event 1. Assess your current situation • Your building (business or home) Determine how your current air filtration system works and what type of filters you are currently using (Recommended HEPA or MERV 13 or higher rated filter): HVAC Filters • Your employees V Determine employee health 5en5itivitles to smoke and work availability by those physically challenged during smoke events EMPLOYEES AT RI15K V Estimate mask availability and use (Recommended N95 or h100) • Your customers Determine how your customers would be impacted by smoke and if there are other alternatives and options to access your business 2. Take action to help minimize smoke impacts • Your building t/ Install new HVAC filters before fire season. Recommend HEPA or MERV 13 or higher. Stock up on filters for the season. Check filters periodically to see If they need to be changed. It Is recommended checking the filter at least every 4 weeks during perlod5 when your furnace or air conditioner 15 being used regularly. It may be nec- e55ary to change the filter In a5 little a5 Z weeks. A clean filter will help your HVAC system run more efficiently. Change filters as needed and a5 they get dirty, and replace filters once the smoke has left the valley. Con5lder Installing an air purifier a5 part of your HVAC system If it 15 appropriate. Contact a local HVAC 5peclall5t for a free business/home consultation. ✓ Purchase a Portable Air Cleaner (PAC). Choose the most appropriate PAC for the size of your building. (visit: httns•Hthewirecutter.com/reviews/best-air-purifier/ for an In-depth consumer report). Prices range from $90-$540 Residential Air Purifier units can be purchased at Ashland Hardware, ranging In price from $39.994219.99 ✓ know how to seal off a room in case of the need to remain indoors. Install new weather stripping on your windows and doors where air tends to leak. ✓ Periodically check the air quality inside your building. Purchase or borrow (Ashland Fire & Rescue) a portable smoke measurement device (nephelometer) • Investment If you have a small amount to invest: Install MERV 13/HEPA filters in your hVAC System ($154100) ✓ Purchase a PAC that is appropriate for your building ($125-$600) ✓ Install new weather stripping If you have more money to invest, including everything in the above list: ✓ Install an air purification system to your HVAC System ($120041500 plus installa- tion costs) ✓ Look into Air Curtains if your door stays open for long periods of time during smoke events (Costs depends .on size of machine) Additional Considerations: • Depending on your business, using ovens, stoves and vacuum cleaners can make the Indoor air quality worse. Ensure the employees working under these con- ditions have PACs and masks available. • Window AC Units should not be used during smoke events. Cover and seal the sides of the unit to smoke does not leak in to your building. • If your building does not have AC, consider running the HVAC system on "FAH" while having new MERV13 or better filters. If the building gets warm you may need fans to keep air flowing. • Your employees ✓ Who are the key Individuals to make decisions if the owner/manager is unavailable?: ✓ Make a list of employee personal contacts for all staff: NAME HOME PHONE CELL EMAIL ✓ Make a plan for how to conduct business If Impacted by a smoke event in advance - for example: Who can work remotely? Who cannot come to work because of health impacts? ✓ Make sure each employee has a mask and knows how to use it Recommended: 1195 or 11100 WHO PURCHA5E5: COST ✓ Research what the various levels of smoke impacts mean to individual health concerns and activities (i.e. what Individual actions should be taken at each levels?) MEDICAL ADVICE: Personal Physician, Asante Ashland Community Hospital, Jacksori County Health & Human Services ✓ Devise a communication plan for your employees - how will you communicate with them? ❑ By text ❑ By phone ❑ By email • Your customers ✓ Create a plan for how you will do business in a smoke event Can you operate from your location: ❑ Yes ❑ Mo ✓ Create a plan for how you will communicate with your customers during a smoke event at each of the levels - what methods of communication will you use? For example: website, phone message,-signage, etc. as appropriate to type of business operation 3. Be ready with a communication plan during a smoke event • Implement communication plan ✓ Measure internal air quality - secure necessary building plan ✓ Contact employees ✓ Contact customers ✓ Post video and predetermined communications on all available pathways (phone message, website, etc.) ✓ Where do I find important contacts? The Ashland Chamber, in collaboration with Ashland Fire & Rescue, has created this work- book to help guide you in mitigating the challenges of smoke. The products recommended in this guide are examples of items that have gone through signiricant research. However, you need to make your own decisions based on your building capacity and budget. For the most up-to-date information & recommendations please visit: ashlandchamber.com/Smoke • ashland.or.us/Smoke One of the many accomplishments that John Fregonese was most proud of was the complete restoration of the Butler- Perozzi fountain in the 1980s. The fountain was the crown jewel of Lithia Park in Ashland, Oregon. Time and the elements have taken their toll and the fountain is again in need of restoration. In honor of John Fregonese an account has been opened for donations to help restore the fountain. You can make deposits at any Rogue Credit Union branch in person by cash or check, or a check by mail. Please be sure to reference the "Fregonese Memorial Fund". Checks can be mailed to: Rogue Credit Union, PO Box 4550, Medford, Oregon 97501. Council Business Meeting July 17, 0: Title: Liquor License Application for Aqua Holding, LLC From: Melissa Huhtala City Recorder Melissa. huhtala@ashland.or.us Summary: This is a request for approval of a Liquor License Application from Aqua Holding, LLC. Located at 31 Water Street Suite 2, Ashland, OR 97520. Actions, Options, or Potential Motions: I move to approve the Liquor License for Aqua Holding, LLC. Staff Recommendation: Staff recommends approval of the liquor license application because the City has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The City Council recommends that the OLCC proceed with the processing of this application. Resource Requirements: N/A Policies, Plans and Goals Supported: AMC Chapter 6.32 Liquor License Review Background and Additional Information: This is an application for a new Liquor License. The City has determined that all liquor license applications be reviewed by the City as set forth in AMC Chapter 6.32, which requires that a determination be made as to whether the applicant complies with the City's land use, business license and restaurant registration requirements. AMC Chapter 6.32 also requires that these applications also be reviewed by the Police Department. In May 1999, the City Council decided it would make formal recommendation on all liquor license applications. Attachments: Application Page I of I CITY OF -,SH LAN D OREGON LIQUOR CONTROL COMMISSION Ramn LIQUOR LICENSE APPLICATION LICENSE FEE: Do not include the license fee with the CITY AND COUNTY USE ONLY application (the license fee will be collected at a later time). Date application received APPLICATION: Application is being made for: Name of City or County E] Brewery ❑ Brewery-Public House Recommends this license be Granted Denied ❑ Distillery ❑ Full On-Premises, Commercial By ❑ Full On-Premises, Caterer ❑ Full On-Premises, Passenger Carrier Date ❑ Full On-Premises, Other Public Location ❑ Full On-Premises, Nonprofit Private Club OI,CC U E - j' El Full On-Premises, For-Profit Private Club ❑ Grower Sales Privilege Application received b ❑ Limited On-Premises ❑ Off-Premises Date ❑ Off-Premises with Fuel Pumps ❑ Warehouse License Action: ❑ Wholesale Malt Beverage & Wine (WMBW) l ~v ❑ Winery Co /-f X 1. LEGAL ENTITY (example: corporation or LLC) or INDIVIDUAL(S) applying for the license: Applicant #1 Applicant #2 ~~a loo\d~,~n Applicant #3 Applicant #4 2. Trade Name of the Business (the name customers will see): AQUA RESTAURANT AND BAR 3. Business Location: Number and Street 31 WATER STREET SUITE2 City ASHLAND County JACKSON ZIP 97520 4. Is the business at this location currently licensed by the OLCC? [E ]Yes No 5. Mailing Address (where the OLCC will send your mail): PO Box, Number, Street, Rural Route 31 WATER ST SUITE 2 City ASHLAND _ State OREGON ZIP 97520 6. Phone Number of the Business Location: 2099813908 7. Contact Person for this Application: Name JATINDER KAUR Phone Number 2099813908 Mailing Address, City, State, ZIP 31 WATER STREET SUITE 2, ASHLAND, OREGON 97520 Email JATINDERBAGRII9@YAHOO.COM I understand that marijuana (such as use, consumption, ingestion, inhalation, samples, give-away, sale, etc.) is prohibited on the licensed premises. re of Appl ant #1 Signature of Applicant #2 Sign 9 Signature of Applicant 3 Signature of Applicant OLCC Liquor License Application (Rev. 06/2017) • OREGON LIQUOR CONTROL COMMISSION BUSINESS INFORMATION Please Print or Type Applicant Name: \0\9a Phone: Trade Name (dba): S~q Business Location Address: wcNNJZK Sit- JC ~L City: ks\N\c,,,<\C\- ZIP Code: CkISA CN Business Hours: Outdoor Area Hours: The outdoor area is used for: Sunday -Jk~~o 2'. ck m Sunday 1,c,,,Y-No i,.r~ XFood service Hours: \ \ ayr~to 2-0, Monday G~to L`• 4 • rrn Monday --U--qw$o 2 a .±Q VAlcohol service Hours: ~ \ arrlo 2ol'rh Tuesday \k Qr•~to 2• o. • m Tuesday \ q Y-r o 2 a . inn p Enclosed, how Wednesday \ \ C►M to 2 Wednesday __L j C~.vrto V(N Thursday k\ GM to 2 . n.yr Thursday \ )C~.vrto Yr\ The exterior area is adequately viewed and/or Friday akn,to OL Friday ► V a.rrto 2 a. m supervised by Service Permittees. Saturday \ Amto 2 fl,,'M Saturday \o►. O 2a, ~ (Investigator's Initials) Seasonal Variations: ❑ Yes ❑ No If yes, explain: ` Check all that apply: ' ' • • • Live Music ❑ Karaoke Recorded Music El Coin-operated Games Sunday SRrnto 1Za~1 Monday !?~U to \Zqm ❑ DJ Music Video Lottery Machines Tuesday % t~ to Wednesday %3 33 to \ L CAYn ❑ Dancing ❑ Social Gaming Thursday 2R " to \Za~ Friday to \2ck w\ ❑ Nude Entertainers Pool Tables Saturday O-1 `cam to Nia.r~ ❑ Other: Restaurant: Outdoor:_ OLCC USE ONLY Investigator Verified Seating:_(Y) _(N) 1 Lounge: 2 Other (explain): Investigator Initials: Banquet: Total Seating: / oS Date: I understand if my answers are not true and complete, the OLCC may deny my license applic tion. Applicant Signature: ng " ( - Date: D Co 2-OLCC (6522) www.oregon.gov/olcc (rev. 12/07) • OREGON LIQUOR CONTROL COMMISSION FLOOR PLAN • Your floor elan must be submitted on this form. • Use a separate Floor Plan Form for each level or floor of the building. • The floor plan(s) must show the specific areas of your premises (e.g. dining area, bar, lounge, dance floor, video lottery room, kitchen, restrooms, outside patio and sidewalk cafe areas.) • Include all tables and chairs (see example on back of this form). Include dimensions for each table if you are applying for a Full On-Premises Sales license. i ? man LO CJ i T7 7 i ' F r 1 C.41 `i i Lk L" C- J 6-7 ..........OLCC USE ONLY.......... Applicant Name MINOR POSTING ASSIGNMENT(S) Trade Name (dba): / Date: Initials: 1 Rn d- ~`1 S City and ZIP Code 1-800-452-OLCC (6522) www.oregon.gov/olcc (rev. 09/12) • OREGON LIQUOR CONTROL COMMISSION FLOOR PLAN • Your floor plan must be submitted on this form. • Use a separate Floor Plan Form for each level or floor of the building. • The floor plan(s) must show the specific areas of your premises (e.g. dining area, bar, lounge, dance floor, video lottery room, kitchen, restrooms, outside patio and sidewalk cafe areas.) • Include all tables and chairs (see example on back of this form). Include dimensions for each table if you are applying for a Full On-Premises Sales license. ~ r x ~r ~Z ~ N l N ~s zP X 2d~ c4* f 2 . X 2 2e n N ~c.`~ 2g z X2 i L x i. ~P(1Cti1 C S~A~fS x 2 I ~ 6o y- -2 'c ~ fox 2 ~x zz f 23` 'I ,P mph "tL~J i C C k'(\ VA, C. ..........OLCC USE ONLY.......... Applican Name MINOR POSTING ASSIGNMENT(S) .r NCl u,. Ci~C`.~C qc~ qS1 cIGS` Trade N e (dba): Date: (P z Initials: ckr\ c. City and ZIP Code 1-800-452-OLCC (6522) www.oregon.gov/okc (rev. 09/12) Council Business Meeting July 17, 0: Title: Liquor License Application for Hold Fast Wine Company, LLC From: Melissa Huhtala City Recorder Melissa.huhtala@ashland.or.us Summary: This is a request for approval of a Liquor License Application from Hold Fast Wine Company, LLC. Located at 177 Garfield Street, Ashland, OR 97520. Actions, Options, or Potential Motions: I move to approve the Liquor License for Hold Fast Wine Company, LLC. Staff Recommendation: Staff recommends approval of the liquor license application because the City has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The City Council recommends that the OLCC proceed with the processing of this application. Resource Requirements: N/A Policies, Plans and Goals Supported: AMC Chapter 6.32 Liquor License Review Background and Additional Information: This is an application for a new Liquor License. The City has determined that all liquor license applications be reviewed by the City as set forth in AMC Chapter 6.32, which requires that a determination be made as to whether the applicant complies with the City's land use, business license and restaurant registration requirements. AMC Chapter 6.32 also requires that these applications also be reviewed by the Police Department. In May 1999, the City Council decided it would make formal recommendation on all liquor license applications. Attachments: Application Page 1 of 1 C I T Y O F -ASHLAND I~ OREGON LIQUOR CONTROL COMMISSION Kamm LIQUOR LICENSE APPLICATION LICENSE FEE: Do not include the license fee with the CITY AND COUNTY USE ONLY application (the license fee will be collected at a later time). Date application received APPLICATION: Application is being made for: Name of City or County ❑ Brewery ❑ Brewery-Public House Recommends this license be Granted Denied ❑ Distillery ❑ Full On-Premises, Commercial By ❑ Full On-Premises, Caterer ❑ Full On-Premises, Passenger Carrier Date ❑ Full On-Premises, Other Public Location ❑ Full On-Premises, Nonprofit Private Club El Full On-Premises, For-Profit Private Club OL E~ ❑ Grower Sales Privilege ❑ Application rec ived y Limited On-Premises / ❑ Off-Premises Date ` ❑ Off-Premises with Fuel Pumps ❑ Warehouse License Action: ❑ Wholesale alt Beverag & Wine (WMBW) Winery 1. LEGAL ENTITY (example: corporation or LLC) or INDIVIDUAL(S) applying for the license: Applicant #1 Applicant #2 F 5 -lhl~ CO a id c, kle- Applicant #3 Applicant #4 2. Trade Name of the Business (the name customers will see): &0Y6 C 4-- I'v1C5 3. Business Location: Number and Street ( 7 7 City 45( h County ci ctr 6G\ ZIP `775__ZC) 4. Is the business at this location currently licensed by the OLCC? Yes No 5. Mailing Address (where the OLCC will send your mail): PO Box, Number, Street, Rural Route ( 7 (1, ' A? 6p0 S City Sit N State (Z ZIP g7sZ,d 6. Phone Number of the Business Location: rp3 Z 3,7 7. Contact Person for this Application: Name .1dpy ,M e Phone Number 3 CZ -0392 Mailing Address, City, State, ZIP l / ~1 (7 7 ~'1'"~rLI~1 S l~Slllkllu (ll~ ~75'L ) Email qNd 6 wrLne cwl I understand that marijuana (such as use, consumption, ingestion, inhalation, samples, give-away, sale, etc.) is prohibited on the licensed premises. Signature of Applicant #1 Signature of Applicant #1 Signature of Applicant #1 Signature of Applicant #1 OLCC Liquor License Application (Rev. 06/2017) I. • OREGON LIQUOR CONTROL COMMISSION BUSINESS INFORMATION Please Print or Type Applicant Name: ~Pl J Ji4 (tAIWI CPPPI&ThG LLG Phone:SrO.?'-6OZ-oZq ? Trade Name (dba):_6129&(:L W%1m Business Location Address: (7 7 ~~~G' S~ City:4 (li6od ZIP Code: `7 7S • • • • • Business Hours: Outdoor Area Hours: The outdoor area is used for: Sunday to Sunday to ❑ Food service Hours: to Monday to Monday to ❑ Alcohol service Hour to Tuesday o Tuesday to ❑ Enclosed, how Wednesday to Wednesday o Thursday to Thursday to The exterior a a is adequately viewed and/or Friday to Friday to 'supervised y Service Permittees. Satur, to Saturday to / (Investigator's Initials) Seasonal Variations: ❑ Yes_ ❑ No I yes, explain: ,y Check all that apply: • • • - 011111 ty, I 161 ❑ Live Music ❑ Karaoke ❑ Recorded Music ❑ C ' -operated Games Sunday to Monday ❑ DJ Music Video Lottery Machines Tuesday to Wednesda to ❑ Dancing ❑ Social Gaming Thurs to Fri y to ❑ Nude Ente iners ❑ Pool Tables aturday to ❑ Other: • Restaurant: Outdoor: CLCC USE ONLY Investigator Verified Seatin (Y) _(N) Lounge: er (explain): Investigator Initial Banquet: Total Seating: Date: understand if"my answers a e not true and complete, the OLCC may deny my license application. Applicant Signature- Date: &/11zy a 1-800-452-OLCC (6522) wiamoregon.gov/olcc (rev. IPJ07) OREGON LIQUOR CONTROL COMMISSION FLOOR PLAN • Your floor 121an must be submitted on this form. • Use a separate Floor Plan Form for each level or floor of the building. • The floor plan(s) must show the specific areas of your premises (e.g. dining area, bar, lounge, dance floor, video lottery room, kitchen, restrooms, outside patio and sidewalk cafe areas.) • Include all tables and chairs (see example on back of this form). Include dimensions for each table if you are applying for a Full On-Premises Sales license. atdvvom s: j s, a ~ r A ~?4 f A'1._` l ..........OLCC USE ONLY.......... Applicant Name INO"R,-~POSTTIING ASSIGNMENT(S) 64'17~ S.6 Trod Name dba): " Date: Initials: Z z' ~ c ~1 City and ZIP Code 1-800-452-OLCC (6522) www.oregon.gov/okc (rev. 09/12) Council Business Meeting July 17, 0: Title: Liquor License Application for Ashland Wine Cellar From: Melissa Huhtala City Recorder Melissa.huhtala@ashland.or.us Summary: This is a request for approval of a Liquor License Application from Ashland Wine Cellar. Located at 38 Lithia Way, Ashland, OR 97520 Actions, Options, or Potential Motions: I move to approve the Liquor License for Ashland Wine Cellar. Staff Recommendation: Staff recommends approval of the liquor license application because the City has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The City Council recommends that the OLCC proceed with the processing of this application. Resource Requirements: N/A Policies, Plans and Goals Supported: AMC Chapter 6.32 Liquor License Review Back,ground and Additional Information: This is an application for a new Liquor License. The City has determined that all liquor license applications be reviewed by the City as set forth in AMC Chapter 6.32, which requires that a determination be made as to whether the applicant complies with the City's land use, business license and restaurant registration requirements. AMC Chapter 6.32 also requires that these applications also be reviewed by the Police Department. In May 1999, the City Council decided it would make formal recommendation on all liquor license applications. Attachments: Application Page 1 of 1 CITY OF -ASHLAND -1`11 V V_'1) OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLICATION LICENSE FEE: Do not include the license fee with the CITY AND COUNTY USE ONLY application (the license fee will be collected at a later time). Date application received APPLICATION: Application is being made for: Name of City or County ❑ Brewery ❑ Brewery-Public House Recommends this license be Granted Denied ❑ Distillery ❑ Full On-Premises, Commercial By ❑ Full On-Premises, Caterer ❑ Full On-Premises, Passenger Carrier Date ❑ Full On-Premises, Other Public Location j ❑ Full On-Premises, Nonprofit Private Club ❑ Full On-Premises, For-Profit Private Club OL SE ❑ Grower Sales Privilege Limited On-Premises Application receiv d by Off-Premises Date Off-Premises with Fuel Pumps ❑ Warehouse License Action: ❑ Wholesale Malt Beverage & Wine (WMBW) El Winery e 1. LEGAL ENTITY (example: corporation or LLC) or INDIVIDUAL(S) applying for the license: App<.It # , ' j( Applicant #2 Applicant #3 W~ ~it~~CC••~, Applicant #4 2. Trade me of the B siness (the name cystr s will see): 3. Business Location: Nu ber and Street /A ct j city ~s~hlG Count ac n ZIP o 4. Is the business at this location currently licensed by the OLCC?__ E ]Yes ❑ No S. Mailing Address (where the OLCC will send our mail : PO Box, Number, Street, Rural Route City - State ZIP 6. Phone Number of the Business-Location: J~f - - 7. Contact Person for this Application: tiV~1l - Name --4Vt((2--t-ak~r Phone Number - L - Mailing Address City, Stkte, ZIP Email Wl t ►Nt~c_f"pro ✓W Q r (C- ~ I h C a yh 1 un d t ana (such as usecdtt ption, ingestion, inhalation, samples, giv ay, sale, etc.) is - r hibited a icen d premises. Si at o ppliat o ppli ntt Signature of Applicant #2 Signature of Applicant #3 Signature of Applicant #4 OLCC Liquor License Application (Rev. 06/2017) • OREGON LIQUOR CONTROL COMMISSION BUSINESS INFORMATION Please Print or Type a l 2 Applicant Name. JCI J t @~ Phone. Trade Name dba : N C wl (ar Business Location Address: ct City: ZIP Code: Business Hours: Outdoor Area Hours: The outdoor area is used for: Sunday too►"` Sunday to ❑ Food service Hours: to Monday Monday to o Alcohol service Hours: to Tuesday l Into Tuesday o '4to O Enclosed, how Wednesday Wednesday to Thursday I aw, to Thursday to The exterior is adequately viewed and/or Friday 12- 4►i to _2 Frida to supervi by Service Permit tees. Saturday 12- WN to Saturday to (Investigator's Initials) Seasonal Variations: ❑ Yes No If yes, explain: ~ ' ` • • • Check all that apply: /j/ ❑ Live Music ❑ Karaoke ❑ Recorded Music ❑ Coin- rated Games Sunday to Monday to ❑ DJ Music Video Lottery Machines Tuesday Wednesday to ❑ Dancing ❑ Social Gaming Thursday to Friday to ❑ Nude rtainers ❑ Pool Tablesa day to ❑ Other: Restaurant: Outdoor: oLCC USE ONLY Investigator Verified Seating:_(Y) _(N) Lounge: Other (explain): Investigator Initials: Banquet: Total ea 'ng: Date: I understand if my answe tru mplete, the OLCC may deny my license 7 placation. Applicant Signature: 7 Date: Lf 9 ~t- 1-800-452-OLCC (6522) www.oregon.gov/olcc (rev. 12107) OREGON LIQUOR CONTROL COMMISSION FLOOR PLAN • Your floor plan must be submitted on this form. • Use a separate Floor Plan Form for each level or floor of the building. • The floor plan(s) must show the specific areas of your premises (e.g. dining area, bar, lounge, dance floor, video lottery room, kitchen, restrooms, outside patio and sidewalk cafe areas.) • Include all tables and chairs (see example on back of this form). Include dimensions for each table if you are applying for a Full On-Premises Sales license. 4 ILI EXISTING FLOOR PLAN I M AAA ..........OLCC USE ONLY.......... MINOR POSTING ASSIGNMENT(S) Applicant Name W(i~ &&r LJ~ Trade Name (dba): G~~ V ~ Date: Initials: City and ZIP Code L 1-800-452-OLCC (6522) www.oregon.gov/olcc (rev. 09112) I Council Business Meeting July 17, 018 Title: Liquor License Application for IKA, LLC From: Melissa Huhtala City Recorder Melissa. huhtala@ashland.or.us Summary: This is a request for approval of a Liquor License Application from IKA, LLC. Located at 145 E. Main Street # 102 & # 103, Ashland, OR 97520 Actions, Options, or Potential Motions: I move to approve the Liquor License for IKA, LLC. Staff Recommendation: Staff recommends approval of the liquor license application because the City has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The City Council recommends that the OLCC proceed with the processing of this application. Resource Requirements: N/A Policies, Plans and Goals Supported: AMC Chapter 6.32 Liquor License Review Background and Additional Information: This is an application for a new Liquor License. The City has determined that all liquor license applications be reviewed by the City as set forth in AMC Chapter 6.32, which requires that a determination be made as to whether the applicant complies with the City's land use, business license and restaurant registration requirements. AMC Chapter 6.32 also requires that these applications also be reviewed by the Police Department. In May 1999, the City Council decided it would make formal recommendation on all liquor license applications. Attachments: Application Page 1 of 1 CITY OF -ASHLAND OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLICATION LICENSE FEE: Do not include the license fee with the CITY AND COUNTY USE ONLY application (the license fee will be collected at a later time). Date application received APPLICATION: Application is being made for: ❑ Name of City or County Brewery ❑ Brewery-Public House ❑ Distillery Recommends this license be Granted Denied ® Full On-Premises, Commercial By ❑ Full On-Premises, Caterer ❑ Full On-Premises, Passenger Carrier Date ❑ Full On-Premises, Other Public Location ❑ Full On-Premises, Nonprofit Private Club ❑ Full On-Premises, For-Profit Private Club ❑ Grower Sales Privilege E] Limited On-Premises Application r~Jceiv djby / ❑ Off-Premises Date / ` ❑ Off-Premises with Fuel Pumps, r ❑ Warehouse License Action: ❑ Wholesale Malt Beverage & Wine (WMBW) - ❑ Winery clo i L L7_A( - " 1. LEGAL ENTITY (example: corporation or LLC) or INDIVIDUAL(S) applying for the license: - Applicant #1 Applicant #2 I A Applicant #3 Applicant #4 2. Trade Name of the Business (the name customers will see): } - 5 al- n R Go J2't' rc r~ S 3. Business Location: Number and Street 14_57 11,4 Aj g{ lQZ a# _ City «ti Coun - - - ZIP ~l 7 S Zo 4 Is the business at this location currently licensed by the OLCC? WYes No 5. Mailing Address (where the OLCC will send your mail): PO Box, Number, Street, Rural Route _I 4S City L t_ State o 4 ZIP _y_ - - - - - 7 S~ 6. Phone Number of the Business Location:_ 7. Contact Person for this Application: Name k ti c k - Ran R~ Phone Number 9 3 i - - Mailing Address, City, State, ZIP Email L%0 . Lv - - - - - - I understand that marijuana (such as use, consumption, ingestion, inhalation, samples, give-away, sale, etc.) is prohibited on the licensed premises. Signature of Applicant 41 Signature of Applicant 42 Signature of Applicant #3 Signature of Applicant 44 0[(-(. 1 quw t icenw : oPhc.if or M o.„L0: i • OREGON LIQUOR CONTROL COMMISSION BUSINESS INFORMATION Please Print or Type Applicant Name: I K A iLLG r Phone: 36 ~ 672-3 Trade Name (dba): SA~at c~ co l Je 4=~2 So s? I r t S Business Location Address: 5 I' )art h. j-4 -9-_(6Z 0 *163 City: YtZIP Code: g75Z~ Business Hours: Outdoor Area Hours: The outdoor area is used for., Sunday (91" to r, Sunday to ❑ Food service Hcurs: to Monday 9 A. toA ^ Monday to ❑ Alcohol service Hours: to I Tuesday Z n to I Tuesday Wednesday FT to I a Wednesday to Enclosed, how Thursday Q A - to I,, Thursday to The exterior ar is adequately viewed and/or Friday A w to f ck Friday to supervised Service Permittees. Saturday A w to I^ w Saturday to (Investigator's Initials) Seasonal Variations: ❑ Yes ❑ No If yes, explain: Check all that apply: • • • ❑ Live Music ❑ Karaoke ® Recorded Music ❑ Coin-operated Games Sunday to Monday to ❑ DJ Music ❑ Video Lottery Machines Tuesday o Wednesday to ❑ Dancing ❑ Social Gaming Thursday to Friday to ❑ Nude Entertainers ❑ Pool Tables SatUr y to ❑ Other. Restaurant: LI-0 Outdoor. OLCC USE ONLY ~q ll Investigator Verified Seating_M_(N) A'IgO Other (explain): Investigator Initials: L~6 Banquet: Total Seating: Date: f I 1 understand if my answers (ar,e, not tru nd complete, the OLCC may deny my license application. Applicant Signature: Date: 1-800-452-OLCC (6522) www.oregon.gov/olcc (rev, f2107) fill, t OREGON LIQUOR CONTROL COMMISSION FLOOR PLAN • Your floor plan must be submitted on this form. • Use a separate Floor Plan Form for each level or floor of the building. \ • The floor plan(s) must show the specific areas of your premises (e.g. dining area, bar, lounge, dance floor, video lottery room, kitchen, restrooms, outside patio and sidewalk cafe areas.) • Include all tables and chairs (see example on back of this form). Include dimensions for each table if you are applying for a Full On-Premises Sales license. 1 B ~t~ ) p o D 0 v G U ED 5~ ED 6 a p - C' v 6 LL L ..........OLCC USE ONLY.......... Applicant Name MINOR POSTING ASSIGNMENT(S) Trade Name (dba): A 5~I'V~ Date: Initials: City and ZIP Code 1-800-452-OLCC (6522) www.oregon.gov/olcc (rev. G9i12) OREGON LIQUOR CONTROL COMMISSION FLOOR PLAN o Your floor plan must be submitted on this form. • Use a separate Floor Plan Form for each level or floor of the building. a The floor plan(s) must show the specific areas of your premises (e.g. dining area, bar, lounge, dance floor, video lottery room, kitchen, restrooms, outside patio and sidewalk cafe areas.) e Include all tables and chairs (see example on back of this form). Include dimensions for each table if you are applying for a Full On-Premises Sales license. SN~AnA 1.a PAC It, C'r - n t•tc~llwl~' D b F b o .q ~0 O D 0 0 LA Q 0 i 0 (7 0 D o L V R,I D w D D C D O ~r0~k Lo C t ICI} I (~li OLCC USE ONLY Applicant Name MINOR POSTING ASSIGNMENT(S) / Trade Name (dba): G{ AgLtl~ a (7 s ZU Date: Initials: City and ZIP Code txn~~ l~3 4-800-452-OLCC (6522) www.oregon.gov/okc (rev. 09112) Council Business Meeting July 17, 0: Title: Amendments to the Wildfire Lands Map, Wildfire Development Standards, Fencing Requirements, Tree Removal Permit Requirements, and establishment of a Prohibited Flammable Plant List. From: Brandon Goldman Senior Planner Brandon.goldman(a ashland.or.us Community Development Chris Chambers Forestry Division Chief Chris.chambers(a)-ashland.or.us Ashland Fire & Rescue Summary: The proposed ordinances would amend the Wildfire Overlay Map to expand the boundary of Ashland's designated Wildfire Lands to incorporate the entire City, and amend the Ashland Municipal Code to implement new standards for fire prevention and control plans and fuels reduction associated with development. The proposed ordinance amendments include modifications to Ashland Land Use Ordinance Chapter 18.3.10.100 Development Standards for Wildfire Lands; 18.3.10.020 Physical Constraints Review Permit, 18.3.10.040 Physical Constraints Review Application Submission Requirements, 18.3.10.090 Development Standards for Hillside Lands; 18.4.3.080 Vehicle Area Design; 18.4.4 Landscaping, Lighting, and Screening; 18.5.1 General Procedures; 18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria; 18.5.5 Variances; 18.5.7 Tree Removal Permits; 18.6 Definitions; and 9.04 Weeds and Noxious Vegetation. A separate resolution is proposed to identify the specific plant species to be included on the proposed General Fuel Modification Area Prohibited Flammable Plant List for application in Ashland's designated Wildfire Lands. The Planning Division Staff Report dated June 26, 2018 provides a general summary of each of the ordinance amendments being presented for consideration. The public hearing and first reading of the ordinance are scheduled for the July 17, 2018 City Council business meeting. The Planning Commission recommended approval of the attached ordinance amendments, and resolution, and their report is attached. The Planning Commission held a public hearing on June 26, 2018. Prior to the public hearing, the Planning Commission held study sessions to discuss Wildfire Lands ordinance amendments on June 24, 2014, February 24, 2015, November 24, 2015, February 23, 2016, and February 27, 2018. Page 1 of 7 CITY OF -ASH LAN D Actions, Options, or Potential Motions: Two Ordinances and one Resolution are presented to the City Council for consideration. Three separate potential motions are provided to address each of the legislative actions: I move to approve first reading of an ordinance titled, "An ordinance amending Chapters 18.3.10, 18.4.3.080, 18.4.4, 18.5.1, 18.5.3.060, 18.5.5.020, 18.5.7 and 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 to include all properties within the city limits.", and to move the ordinance to second reading. I move to approve first reading of an ordinance titled, "An ordinance amending Chapter 9.04 of the Ashland Municipal Code to declare prohibited flammable plants a nuisance", and to move the ordinance to second reading. I move to approve a resolution titled, "A Resolution adopting the City of Ashland General Fuel Modification Area Prohibited Flammable plant list for application in Ashland's designated Wildfire Lands", and to move the ordinance to second reading. Staff Recommendation: . Staff recommends approval of first reading of the ordinance amendments and resolution as presented. 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. Citywide administration of the proposed code amendments will require additional staff time to address inquiries and review development proposals for conformance with the proposed standards. The increases in staff time needed to review building permits, and to evaluate Fire Prevention and Control Plans submitted with planning action requests, will be covered with existing Community Development Department staff resources. Site inspections to verify completion of General Fuel Modification Area requirements relating to new construction, and responses to code violation cases relating to newly planting prohibited flammable plants, can continue to be covered with existing Ashland Fire and Rescue staff resources. Policies, Plans and Goals Supported: The project addresses a variety of City Council goals and strategies, adopted City plans and State requirements. The 2015-2017 Council Goals and Objectives also identified a goal to "Complete the expansion of the city's wildfre hazard zone to accurately reflect risk (8.4) " and an objective to "Update the Wildfire Hazard Zone ordinance to allow for Citywide application and schedule for Council consideration." Page 2 of 7 CITY OF ASHLAND Statewide Planning Goal 7 requires cities to protect people and property from natural hazards. The amendments to the Ashland Land Use Ordinance regarding mitigating wildfire hazards through reduction of fuels in immediate proximity of new structures addresses this goal.. Additionally, the establishment of a General Fuel Modification Area Prohibited Plant List as proposed, will ensure that highly flammable species are not newly introduced within areas that pose the greatest risk of spreading wildfire to structures within the City. The Ashland Comprehensive Plan includes a goal to "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" (4.25 Wildfire Hazards). The 2018 Draft Multi-Jurisdictional Natural Hazard Mitigation Plan [Ashland Addendum] includes a goal to "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 " The City of Ashland's 2017 Climate Energy Action Plan includes a goal to "Prepare the city's communities, systems, and resources to be more resilient to climate change impacts " and includes the specific strategy to "Support more climate-ready development and land use. Regulate new development in the Wildfire Lands Overlay part of the urban growth boundary (Strategy ULT-4.) The City of Ashland's 2014 Wildfire Hazard Zone Evaluation demonstrated that the Wildfire Lands overlay boundary established in 1997 does not incorporate 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 found that expansion of the Wildfire Lands boundary to include all properties in the City was warranted. The 2004 Ashland Community Wildfire Protection Plan includes a goal to "Write and adopt a fire safe landscaping ordinance to regulate plantings around new structures. " Background and Additional Information: 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] and AMC Chapter 9.04 {Weeds and Noxious Vegetation], which identifies highly flammable plants that pose a fire hazard. 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. The City of Ashland Wildfire Hazard Zone Evaluation completed in 2014 found that many areas outside of the existing Wildfire Lands boundary possess the same hazard values as those areas currently within the overlay and met the criteria meet the criteria to be considered a Wildfire Hazard Zone as set Page 3 of 7 CITY OF -ASHLAND forth by OAR Chapter 629, Division 044. 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 fail 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). 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 discussed a multi-faceted approach to reducing risks throughout the City. The Commissions and the ad-hoc group have made a concerted effort to address the community's risk of wildfire comprehensively while being considerate of the potential costs to property owners. 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. A. Wildfire Development Standards Amendments (Chapter 18.3.10) 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 as proposed 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, and Accessory Residential Unit, or an addition. A General Fuel Modification Area would be required of all properties obtaining building permits for new construction as follows: Page 4 of 7 CITY OF ASHLAND • 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 proposed standards for both Fire Prevention Control Plans, and General Fuel Modification Areas, 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. B. Fencing and Walls Amendments (18.4.4.060) The ordinance amendments include new provisions (18.3.10.100.A.4 & 18.4.4.060) that address fencing materials to reduce the risk of fire spreading along a fence to an adjacent structure. These provisions would require that the section of fencing that is attached to a building or deck shall be made of non-combustible materials within five feet of the connection to the structure. A fence running parallel to a structure, even if located within 5 feet of the building, could be constructed of wood except where it connects to the building, at which point it shall be constructed of non-flammable materials. The newly proposed section further clarifies what constitutes non-flammable fencing (metal, hog wire, concrete planks etc.), and that it only applies to existing fencing when the fence is retrofitted to attach to a new building or structure. C. Tree Removal Permit Amendments (18.3.10.020.A, 18.3.10.090.D, 18.5.7.020.C) The ordinance amendments include potential changes to the Tree Removal Permit chapter, as well as clarifying the definition of "Significant Trees". Although in some cases these amendments go beyond the scope of wildfire fuels mitigation, they are being proposed in conjunction with the Wildfire Ordinance to address issues of interest to the Tree Commission, and to provide internal consistency in various sections of the Land Use Ordinance. The proposed amendments to the Tree Removal Permit requirements and exemptions (1.8.5.7) would newly require a tree removal permit to remove trees greater than 6"dBH, when the lot is large enough to be partitioned or subdivided. Currently lots occupied by a single family dwelling Page 5 of 7 CITY OF ASHLAND are exempt from obtaining a tree removal permit regardless of the lot size. The intention of this proposed change is to address situations in which a site occupied only by a single dwelling is cleared of trees under the exemption, in advance of an application to subdivide or partition. Another amendment to the Tree Removal Permit section would be to include the HC (Health Care) zone in the exemption for when the lot is only occupied by a single family home, and could not be further subdivided or partitioned. Currently within Mountain Meadows there are a large number of small-lot single family homes on HC zoned property that are subject to the tree removal permit process due to the underlying zoning. The amendment proposed would treat HC zoned properties which are occupied only by a single family home in the same manner as comparable residentially zoned properties (R-1, R-1-3.5, NM, R-2, R-3) and thus provide uniform application of the exemption citywide. The Land Use Ordinance currently defines a Significant Tree as one "having a trunk 18 caliper inches or larger in diameter at breast height (DBH)". Another proposed clarification in the code presented this evening for consideration is to amend various sections within the Land Use Ordinance to classify regulated confers as those greater than 18" DBH. Presently the Tree Removal section of the Physical Constraints Chapter (18.3.10.020A.3) establishes that conifers of 24" DBH proposed for removal require review and approval. In order to provide consistency between the Physical Constraints Chapter, Flood Plan Lands, Hillside Lands the Wildfire Standards, and the existing definition of Significant Tree, the proposed code amendments would newly establish that conifers that are 18"DBH would be regulated consistently in each overlay. D. Prohibited Flammable Plants The proposed ordinance amending Chapter 9.04 -Weeds and Noxious Vegetation, of the municipal code would define specific highly flammable plant species as a fire hazard. These listed plants could not be newly planted within a General Fuel Modification Area anywhere in the City. The ordinance adopting the prohibited planting would therefore 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. The proposed list identifying these highly flammable,plants is proposed to be adopted by resolution, which would allow the City Council to amend the list as needed without requiring an amendment to the ordinance. Public Comments The Planning Commission received oral and written public comments from the public during the public hearing. Written comments received are included in the record and attached to this Council Communication. These comments included requests the City should consider requiring the removal of listed Prohibited Flammable Plants throughout the City within established landscapes, even those which are not subject to development activity. Such a citywide vegetation management strategy is something the City Council could consider; however, it would go beyond the scope of the proposed amendments to the Land Use Code as it would be unrelated to development activity. Page 6 of 7 CITY OF ASHLAND Public comments were received that suggest the Fuel Prevention and Control Plan, General Fuel Modification Area requirements, and Prohibited Flammable Plant List included in the proposed ordinance would limit design flexibility and add expense to developments, and as such should not be mandated. These comments advocated that the City should continue to provide education and assistance for voluntary fuels reduction. The public comments received were considered by the Planning Commission throughout the development and refinement of the draft ordinances. The Commission found that the proposed prohibition against newly planting highly flammable plants within 30' of any structure going forward, in combination with a continuation of voluntary programs and potential financial incentives to encourage the removal of fire hazardous species on developed properties, will continue to advance the objective of mitigating fire risk within the community without introducing a significant cost burden to existing developed properties. Commission Recommendations The Planning Commission has recommended approval of the two ordinances and resolution as presented in the Planning Commission Report dated 7/10/208. Additionally the Wildfire Mitigation Commission (3/21/2018 meeting) and Tree Commission (3/08/2018 meeting) have each recommended the Council approve the proposed ordinances as described in the Planning Division Staff Report dated 6/26/2018. Attachments: o Draft Chapter 18 Ordinance amendments relating to Development Standards for Wildfire Lands o Draft Chapter 9 Ordinance amendments relating to establishment of a Prohibited Flammable Plant List o Draft Resolution relating to establish a Prohibited Flammable Plant List o Atch 1: Draft Physical and Environmental Constraints Map - Wildfire Lands overlay o Atch 2: Planning Division Staff Report: PA-L-2018-0003 dated 6/26/2018 o Atch 3: Planning Commission Report dated 7/10/2018 o Atch 4: FireWise Plant Handout o Atch 5: City of Ashland 2014 Wildfire Hazard Zone Evaluation o Atch 6: Community Planning Assistance for Wildfire (CPAW) Memo Atch 7: Community Planning Assistance for Wildfire (CPAW) Best Practices Report o Atch 8: Ashland Fire and Rescue letter dated 6/26/2018 o Atch 9: Public Comments o Letter from Daniel Dawson (5/16/2018) o Letter from Tom Sager (5/30/2018) o Letter from Ravenwood Townhouses HOA (6/20/2018) o Letter from Jason & Kelly Eaton, Julie O'Dwyer, & Michael Hodgins (6/21/2018) o Letter from Helen Burd (6/25/2018) o Letter from Jason & Kelly Eaton, Julie O'Dwyer, Michael Hodgins, Milo Shubat, & Josh Barnes (6/28/2018) Page 7of7 CITY OF ASHLAND ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 18.3.10,18.4.3.0809 18.4.4,18.5.19 18.5.3.0605 18.5.5.020918.5.7AND 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 TO INCLUDE ALL PROPERTIES WITHIN THE CITY LIMITS. Annotated to show deletiensand additions to the code sections being modified. Deletions are bold lined through 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 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. 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, or Site Design Review increasing a building's footprint by 200 square feet or greater (except for Site Design Review of Accessory Residential Units). 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 18.3.10.100.13 and include the submission materials listed below. The Staff Advisor may waive a plan submittal requirement if the Staff Advisor determines it is not reasonably necessary in order to make a decision on the application. Ordinance No. Page 2 of 20 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 18.3.10.100.13. 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. L 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 Ordinance No. Page 3 of 20 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 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 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: 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. Ordinance No. Page 4 of 20 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 18.3.10.1 00.13.2.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 18.3.10.100.8.2.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 to provide a ground clearance of a minimum eight feet above the ground, 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 Ordinance No. _ Page 5 of 20 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. m. 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. 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 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 Ordinance No. Page 6 of 20 accord with the General Fuel Modification Area standards as defined in 18.3.10.100.B.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. 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. 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. Ordinance No. Page 7 of 20 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 D( BH) greater than two feet DBHe or living broadleaf Frees greater than one foot D 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 GaFried out in annerd with n sire PFeyentien and GOMM! Plan a 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 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 Ordinance No. _ Page 8 of 20 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 applications 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) (h••^ f@gLDBH o greater ^^^'F^-s and one fe9t DRH or greater broad . 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 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. Ordinance No.. Page 9 of 20 I 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 Modificaiion 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. 7. [18.3.10.090.D.7isunchanged] Ordinance No. Page 10 of 20 SECTION S. 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. L 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. 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. Ordinance No. Page 11 of 20 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 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.Eis unchanged] F. [18.4.4.030.Fisunchanged] G. (18.4.4.030.G is unchanged] Ordinance No. _ Page 12 of 20 H. [18.4.4.030.H is unchanged] 1. Water Conserving Landscaping. (Section description and narrative is unchanged] 1. Landscapinq 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 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. 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. Ordinance No. Page 13 of 20 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.B 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] 2. (18.4.4.060.8.2 is unchanged] 3. (18.4.4.060.8.3 is unchanged] 4. (18.4.4.060.B.4 is unchanged] 5. [18.4.4.060.B.5isunchangedj 6. (18.4.4.060. B.6 is unchanged] 7. (18.4.4.060. B.7is unchanged] Ordinance No. Page 14 of 20 ' I 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 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.B, 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. 1.01 O.B [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 Comprehensive Plan Amendment Type III 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 Ordinance No. Page 15 of 20 Table 18.5.1.010 - Summary of Approvals by Type of Review Procedure Planning Actions Review Applicable Regulations Procedures 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 18.3.10.090.1-1 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 MinorAmendment 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 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 If 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 If Section 18.3.11.070 Reduction Water Resources Protection Zone - Type If Section 18.3.11.080 Hardship Exception Zoning District Map Change Type II or III Chapter 18.5.9 Ordinance No. Page 16 of 20 (With the exception of the amendment to Table 18.5.1.010 above, the remainder of Chapter 18.5.1 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 drove On order to ensure adequate fire access. 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). SECTION 11. 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] J 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 Ordinance No. Page 17 of 20 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 inches DBH n 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. 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. Ordinance No. Page 18 of 20 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 ber Chapter 9.04 of the Ashland Municipal Code and are prohibited from being planted within a General Fuel Modification area. 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 Ordinance No. Page 19 of 20 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 `n day of , 2018, and duly PASSED and ADOPTED this `h day of 2018, Melissa Huhtala, City Recorder SIGNED and APPROVED this _ day of 2018. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 20 of 20 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9.04 OF THE ASHLAND MUNICIPAL CODE TO DECLARE PROHIBITED FLAMMABLE PLANTS A NUISANCE. Annotated to show 4ek4eas-and additions to the code sections being modified. Deletions are bold lined through 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 of Ashland has determined that it is in the best interest of its residents, business and visitors to encourage fire resistant vegetation when it comes to landscape design; and WHEREAS, the City of Ashland has determined that the prohibition of highly flammable plants from being newly planted within General Fuel Modification Areas within the City of Ashland, 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 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 Health and Sanitation 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. Ordinance No. Page 1 of 6 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.04 [Weeds and Noxious Vegetation] of the Ashland Municipal Code is hereby amended as follows: 9.04.002 Purpose The purpose of this chapter is to reduce the risk of damage to property and persons by fire due to weeds, and to reduce hazards to public health, agriculture, recreation, and wildlife by controlling the growth of weeds and noxious vegetation. Ashland Fire and Rescue and the City's Code Compliance Officers intend to prioritize enforcement and abatement under this chapter based upon the degree of fire risk or other hazard caused by the violation and the availability of resources. (Ord. 3009, added, 04/20/2010) 9.04.005 Definitions A. Code Compliance Officer: all individuals designated as such pursuant to AMC 1.08.005, including specifically the Fire Chief. B. Fire Chief: the City of Ashland Fire Chief or his/her authorized designee. C. Fire hazard: a written determination from the Fire Chief that the quality, condition, and/or location of vegetation creates a risk of fire. D. Noxious vegetation: all vegetation listed on the noxious weed list promulgated by the Oregon Department of Agriculture's Plant Division. E. Owner: owner of real property, agent of the owner, and/or occupant of any lot or parcel of land. In the case of property subject to foreclosure as a result of bankruptcy or default of the legal owner, the City may deem the "Owner" to be the person, other than the legal owner, who has a primary lien, security, or mortgage interest in possession or control of the property or who is the deed of trust beneficiary of the property. F. Prohibited Flammable Plants: all vegetation listed on the Prohibited Flammable Plan List as approved by Resolution of the City Council. G. Summer season: between May 15 and September 30 of any year, or the end of fire season as declared by the Oregon Department of Forestry, whichever is later. G. H. Weed: 1. Vegetation, grass, shrubbery, and round wood that is less than 1/4 inch in diameter and more than four inches (4") high, and 2. Vegetation that is a: a. Health hazard, such as providing harborage for vermin; b. Fire hazard due to the quantity and/or location; or c. Traffic hazard because it impairs the view of a public thoroughfare or otherwise makes use of the thoroughfare hazardous Ordinance No. Page 2 of 6 9.04.010 Weeds Declared Nuisance The growth or maintenance of weeds upon lots and parcels of land, and abutting rights- of-way in the City during the summer season, or at any other time of year when deemed a fire, health or traffic hazard, is declared to be a nuisance. 9.04.011 Prohibited Flammable Plants Declared Nuisance The planting of species identified on the Prohibited Flammable Plant List within a General Fuel Modification Area in the City is declared to be a nuisance. 9.04.012 Noxious Vegetation Declared Nuisance The growth or maintenance of noxious vegetation upon lots and parcels of land, and abutting rights-of-way in the City at any time is declared to be a nuisance. 9.04.015 Exemptions to Nuisance A. The term "weed" does not include vegetation that constitutes an agricultural crop or decorative residential landscaping, unless that vegetation is a fire, health, or traffic hazard. B. It shall not be a violation of this chapter for property owners to maintain wetland or upland native vegetation in its natural state either on their property or in common areas when required to do so pursuant to the requirements of state law, city ordinance or land use approval. Nothing herein prohibits a property owner from preserving native vegetation in its natural state in excess of the requirements of state law or city ordinance, provided the owner prepares and implements a management plan for maintenance of the natural area and said plan is approved and on file with the community development department. C. It shall not be a violation of this chapter for property owners to maintain Prohibited Flammable Plants which were established prior to the effective date of this ordinance on their property or in common areas, unless the plants are subject to removal through implementation of an approved Fuel Prevention and Control Plan or General Fuel Modification Area on file with the community development department. 9.04.020 Responsibility of Owner - Removal of Weeds The owner of any lot or parcel of land within the limits of the City of Ashland shall cut and/or remove weeds growing thereon, and on adjacent and abutting rights-of-way, between May 15th and June 15th of each year. It shall be the duty of an owner to continue to cut and remove the weeds throughout the summer season, or any other time of year when deemed a fire, health, or traffic hazard. Ordinance No. Page 3 of 6 9.04.022 Responsibility of Owner - Prohibited Flammable Plants The owner of any lot or parcel of land within the limits of the City of Ashland shall not permit species identified on the Prohibited Flammable Plant List to be newly planted on their property within a General Fuel Modification Area as defined in Chapter 18.3.10.100.B. It shall be the duty of an owner to cut down and remove any new seedlings and volunteer plants of listed prohibited flammable plants as often as needed to prevent them from posing an increased fire hazard. 9.04.024 Responsibility of Owner - Removal of Noxious Vegetation The owner of any lot or parcel of land within the limits of the City of Ashland shall not permit noxious vegetation to grow upon their property and on adjacent and abutting rights-of-way. It shall be the duty of an owner to cut down or to destroy and remove all noxious vegetation as often as needed to prevent it from becoming a fire, health or traffic hazard, from becoming unsightly, or maturing, spreading, and going to seed. 9.04.028 Abatement Process The Uniform Abatement Process set forth in chapter AMC 2.31 shall apply to nuisances identified in this Chapter and may be used to abate continuing violations. Notwithstanding any other AMC provisions, a code compliance officer may order the minimum abatement necessary to abate a fire, health or traffic hazard, (e.g. creation of an adequate fire break to protect adjacent property from fire exposure). Abatement of the nuisance shall not prohibit the City from seeking any other remedy or sanction provided by law. 9.04.030 Violation Penalty Any person who violates any provision of this Chapter is subject to Section 1.08.020 of the Ashland Municipal Code. Any violation of this section is a Class I violation. 9.04.040 Notice to Abate - Contents In case of failure or neglect of any such agent, owner or occupant to cut weeds and grass and shrubbery as herein provided, the City Recorder shall cause to be served on such agent, owner, and/or occupant a notice, describing the property with convenient certainty by its legal description or by the street number of the house, requiring such owner or agent and/or occupant to cut said weeds, grass, and shrubbery within ten (10) days from the service thereof, or that the City will require the same to be done, and the cost thereof charged as a lien against said property. 9.04.050 Notice to Abate - Service - Removal by City - Lien Such notice shall be served upon such owner, agent, and/or occupant in person if found upon said premises or within the City, and in case said owner, agent, and/or occupant Ordinance No. Page 4 of 6 cannot be found in person within the City after reasonable diligence and inquiry, such notice shall be posted in a conspicuous place upon said premises, and a copy thereof mailed to the last known post office address of such owner, agent, or occupant, if any such address is known, and return of service shall be filed with the Recorder; and if at the end of ten (10) days from the giving of such notice, such owner, agent, and/or occupant, has failed and neglected to cut and remove such vegetation, the Fire Chief shall cause the same to be done and shall file with the Council a verified itemized statement of the expenditure occasioned thereby, and the Recorder shall cause notice to be served upon the owner, agent, or occupant in the manner hereinbefore described, such statement will be considered and determined by the Council and a lien declared upon the property involved, the time of which meeting shall be specified in the notice, more than ten (10) days from the giving of the same, and the Council shall at such meeting hear any objections to such statement, and by ordinance determine the correctness of the same, and declare such corrected amount a lien upon the property benefitted and instruct the Recorder to enter the same upon the City docket of liens in the same manner and with the same effect that street improvement liens and sewer liens are entered, and said lien shall have the same force and effect as such street improvement and sewer liens, and shall be certified to the county assessor in the same manner. SECTION 2. A Prohibited Flammable Plant List shall be maintained by the City of Ashland and approved by Resolution of the City Council. SECTION 3. 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 4. 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 S. 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 3-5) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. Ordinance No. Page 5 of 6 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2018, and duly PASSED and ADOPTED this _th day of , 2018, Melissa Huhtala, City Recorder SIGNED and APPROVED this day of 2018.. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 6 of 6 RESOLUTION NO. 2018- A RESOLUTION ADOPTING THE CITY OF ASHLAND GENERAL FUEL MODIFICATION AREA PROHIBITED FLAMMABLE PLANT LIST FOR APPLICATION IN ASHLAND'S DESIGNATED WILDFIRE LANDS RECITALS: A. The Ashland City Council on 2018 adopted Ordinance No. amending development standards within the City of Ashland Wildfire Lands, which shall be codified as Chapter 18.3.10.100 of the Ashland Municipal Code. B. The Ashland City Council on ~ 2018 adopted Ordinance No. amending chapter 9.04 of the Ashland Municipal Code to declare prohibited flammable plants within a General Fuel Modification Area a nuisance. C. The City of Ashland recognizes the threat that wildfire poses to people, property and infrastructure within our community; D. The City of Ashland recognizes establishment of fuel modification areas around structures is a vital wildfire mitigation action that will reduce the potential for harmful impacts of wildfire upon properties and the occupants of properties, E. The City of Ashland recognizes that specific highly flammable plants can accelerate the spread of wildfire, and may impede fire repression efforts in the event of a wildfire. F. The City of Ashland recognizes that the establishment of a General Fuel Modification Area Prohibited Flammable Plant List will promote landscapes that do not include highly flammable plants in the immediate proximity of structures, which will reduce the risk of the spread of wildfires. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Pursuant to Section 9.04.011 and Section 18.3.10.100 of the Ashland Municipal Code, the City Council of the City of Ashland establishes a General Fuel Modification Area Prohibited Flammable Plant List as follows: General Fuel Modification Area Prohibited Flammable Plant List The use of the following landscape plants is restricted within the City of Ashland Wildfire Lands overlay area per the general fuel modification area standards 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 Resolution No. 2018- Pagel oft Cedar/Cypress (Chamaecyparis sp.) exception for prostrate or dwarf variety Cypress (Cupressus sp.) Douglas fir (Pseudotsuga menziesl) 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'. Rosemary plants may be incorporated in landscaping when located further than five feet from a building or deck. Sagebrush (Artemisia sp.) Scotch broom (Cytisus scoparius) Wild Lilac (Ceanothus sp.) exception for prostrate varieties Grasses and Ground Cover Pampas grass (Cortaderia selloana) This resolution was duly PASSED and ADOPTED this day of 2018, and takes effect upon signing by the Mayor. Melissa Huhtala City Recorder SIGNED and APPROVED this day of 2018. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Resolution No. 2018- Page 2 of 2 I I ,~r / ■ ~ ~ ~ i / ~ ~ ~r ~ _ J I i ~ v ~ / ~ ~ ~ J`/ - I / _ / 1 / ~ / / ~ ~ ~1_ ~ ~ ~ 4 ASHLAND PLANNING DIVISION STAFF REPORT July 26, 2018 PLANNING ACTION: PA-L-2018-00003 APPLICANT: CityofAshland ORDINANCE REFERENCES: AMC 18.3.10 Physical and Environmental Constraints AMC 18.4.3 Parking, Access, and Circulation AMC 18.4.4 Landscaping, Lighting, and Screening AMC 18.5.1 General Review Procedures AMC 18.5.3 Land Divisions and Property Line Adjustments AMC 18.5.5 Variances AMC 18.5.7 Tree Removal Permits AMC 18.6.1 Definitions AMC 9.04 Weeds and Noxious Vegetation REQUEST: Amend the Physical and Environmental Constraints Map to expand the boundary of Ashland's designated Wildfire Lands to incorporate the entire City, and amend the Ashland Land Use Ordinance to implement new standards for fire prevention and control plans and fuels reduction associated with development. The proposed ordinance amendments include modifications to Ashland Land Use Ordinance Chapter 18.3.10.100 Development Standards for Wildfire Lands; 18.3.10.020 Physical Constraints Review Permit, 18.3.10.040 Physical Constraints Review Application Submission Requirements, 18.3.10.090 Development Standards for Hillside Lands; 18.4.3.080 Vehicle Area Design; 18.4.4 Landscaping, Lighting, and Screening; 18.5.1 General Procedures; 18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria; 18.5.5 Variances; 18.5.7 Tree Removal Permits; 18.6 Definitions; and 9.04 Weeds and Noxious Vegetation. 1. Relevant Facts A. Background On April 15d', 2014 the City Council directed Staff prepare a modification of the Physical and Environmental Constraints Map to expand the boundary of Ashland's designated Wildfire Lands to incorporate the entire City. The Planning Commission discussed the expansion of the Wildfire Lands boundary and amendments to the Development Standards for Wildfire Lands at study sessions on June 24, 2014, February 24, 2015, November 24, 2015, February 23, 2016, and February 27, 2018. The Tree Commission discussed the amendments during regular meetings on April 9, 2015, December 10, 2015, and March 8, 2018. Planning Action PA-L-2018-00003 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 1 of 6 The Wildfire Mitigation Commission discussed the amendments during regular meetings on, November 18, 2015, and March 21, 2018. Mayor Stromberg convened an ad-hoc wildfire hazard committee (comprised of City staff, representatives from the Tree, Planning, and Wildfire Mitigation Commissions) that met numerous times through 2017 and 2018 to discuss a comprehensive approach toward mitigating the risk of wildfire within the City of Ashland. The discussion included evaluation of potential amendments to.the development standards for wildfire lands. Ashland Fire and Rescue, the ad-hoc wildfire hazard committee, and the Wildfire Mitigation Commission also worked with an organization called Community Planning Assistance for Wildfire (CPAW) to evaluate our community's risks and to provide an evaluation of the City's s existing and proposed wildfire development standards. CPAW's land use, forestry, and hazard mitigation professionals visited Ashland to inform their recommendations intended to ensure wildfire is considered alongside other community planning priorities. The CPAW draft ordinance review and report titled "Best Practices Compilation for Ashland, Oregon", informed the drafting of the attached ordinance. The City defined the current Wildfire Lands overlay boundary in 1992. This boundary included hillside properties in close proximity to the forested area south of Ashland. Areas within a Wildfire Lands overlay fall under Section 18.3.10.100 of the Ashland Municipal Code, Section 304.1.2 of the Oregon Fire Code, Sections 603 and 604 of the Wildland Urban Interface Code, and Section 324 of the Oregon Residential Specialty Code. These codes regulate landscaping, roof construction, defensible space and fuel modification areas. B. Ordinance Amendments In summary, the amended development standards for wildfire lands would require that applications to partition or subdivide properties, and site review applications for commercial and multi-family developments, provide a Fire Prevention and Control Plan with the planning application. A Fire Prevention and Control Plan would not be required for the construction of a single family dwelling or additions. A General Fuel Modification Area, where highly flammable plants are thinned or removed in proximity to a new structure, would be required to be established on properties obtaining building permits for new construction, and additions to existing buildings, that increase lot coverage 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 is required within 5 feet of a new building or addition. ■ Combustible materials, including wood mulch, 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 new building, addition, or deck. Planning Action PA-L-2018-00003 Ashland Planning Division -Staff Report Applicant: City of Ashland Page 2 of 6 i • 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 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. The proposed amendments to the Tree Permit Review section (18.5.7) and Hillside Development standards (18.3.10.090) of the municipal clarify that a significant conifer tree is one that as having a diameter at breast height (dBH) of at leastl8 inches, or is a deciduous tree with a dBH of 12 inches or greater. This amendment provides internal code consistency with the definition for "significant tree". With the exception of significant trees, the attached ordinance would allow trees greater than 6" in diameter at breast height on hillside lands to be removed without a permit as part of an approved Fire Prevention and Control Plan, or as approved to implement a comprehensive general fuel modification area. The proposed amendment newly requires that when a property is large enough to be partitioned, subdivided or be further developed with multifamily units then a tree removal permit would require to remove trees greater than 6"dBH. Currently lots occupied only by only a single family home, regardless of lot size, are exempt from obtaining a tree removal permit to remove trees. Given this exemption, in recent years the City has seen properties remove numerous significant trees immediately in advance of submitting applications for partitioning or subdividing the property. The proposal includes the creation of a Prohibited Flammable Plant list. 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 flammable plant list would preclude newly planting the listed plants within 30 feet of any structure unless it were demonstrated that they would not pose additional fire risk. • Highly flammable plants on this list that were in place prior to the adoption of the proposed ordinance would not have to be removed unless they are within five feet of a new structure or addition, or as proposed for removal as part of an approved Fire Prevention and Control Plan. Planning Action PA-L-2018-00003 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 3 of 6 I Change in Circumstances or Conditions AMC 18.5.9.020.13 permits legislative amendments to meet changes in circumstances and conditions. The Planning Commission makes a recommendation to the City Council and the City Council makes the final decision. In review of the existing development standards for Wildfire Lands, Ashland Fire and Rescue identified a number of potential changes to the existing code to be considered as part of the legislative amendment process underway. Proposed code revisions would serve to both clarify the submittal requirements for a Fire Prevention and Control Plan, as well as establish new requirements for the implementation of required fuel modification areas not presently codified within the currently adopted Land Use Ordinance The 2017 Climate and Energy Action Plan identified that regulation of new development within the Wildfire Fire Overlay is necessary to be more resilient to climate change impacts. The City completed a Wildfire Hazard Zone Evaluation in 2014 which demonstrated that the existing Wildfire Lands overlay boundary does not incorporate 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. Statewide and Local Goals relating to Planning. for Wildfires Statewide Planning Goal 7 [Areas Subject to Natural Hazards] requires that local governments adopt inventories, policies and implementing measures to reduce risk to people and property from natural hazards including wildfire. The Ashland Comprehensive Plan's 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 The 2018 Multi-Jurisdictional Natural Hazard Mitigation Plan [Ashland Addendum] Goak 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. The City Council set a strategic goal in 2015 that specifically related to the proposed wildfire lands ordinance update: Goal: Complete the expansion of the city's wildfire hazard zone to accurately reflect risk. Update the Wildfire Hazard Zone ordinance to allow for Citywide application and schedule for Council consideration. Ashland Community Wildfire Protection Plan (2004) Chapter 5 Action Items: Goal: Write and adopt afire safe landscaping ordinance to regulate plantings around new structures. Planning Action PA-L-2018-00003 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 4 of 6 I Climate and Energy Action Plan 2017 Goal: Prepare 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. The proposed amendments to the Development Standards for Wildfire Lands aim to reduce the potential impacts of wildfire on properties throughout the City of Ashland. The proposed standards 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. 11. Procedural 18.5.9.020 Applicability and Review Procedure Applications for Plan Amendments and Zone Changes are as follows: B. Type III. It may be necessary from time to time to make legislative amendments in order to conform with the Comprehensive Plan or to meet other changes in circumstances or conditions. The Type III procedure applies to the creation, revision, or large-scale implementation of public policy requiring City Council approval and enactment of an ordinance; this includes adoption of regulations, zone changes for large areas, zone changes requiring comprehensive plan amendment, comprehensive plan map or text amendment, annexations (see chapter 18.5.8 for annexation information), and urban growth boundary amendments. The following planning actions shall be subject to the Type III procedure. 1. Zone changes or amendments to the Zoning Map or other official maps, except where minor amendments or corrections may be processed through the Type II procedure pursuant to subsection 18.5.9.020.A, above. 2. Comprehensive Plan changes, including text and map changes or changes to other official maps. 3. Land Use Ordinance amendments. 4. Urban Growth Boundary amendments. III. Conclusions and Recommendations Local climatic, geographic, topographic and vegetation profile conditions impact fire prevention efforts, and the frequency, spread, acceleration, intensity, and size of fire involving buildings in this community. Wildfire poses a risk to persons and property throughout the community and therefore it is found to be reasonably necessary that the wildfire lands overlay boundary, and the development standards for wildfire lands be modified to mitigate the effects of the above conditions. Wildfire Mitigation Commission Planning Action PA-L-2018-00003 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 5 of 6 The Wildfire Mitigation Commission reviewed the draft ordinance on March 21st, 2018 and recommend approval of the ordinance and the expansion of the Wildfire Lands overlay to include the entire City. Tree Commission The Tree Commission reviewed the draft ordinance on March 81h, 2018 and recommend approval of the ordinance. The Tree Commission did request that the removal of significant trees for fuel removal require a review by the Tree Commission. In consideration of this comment the ordinance presented for adoption now requires a tree removal permit for significant trees. The Tree Commission also noted that there could be exemption included in the ordinance to preserve large native/conifer large trees while noting that large stature conifers can be fire resistant. The ordinance now includes allowances to exempt established conifer trees from the general fuel management requirements when it is demonstrated that pruning the tree to comply with the general fuel modification standards would compromise the health of the tree. Additionally the ordinance allows an applicant to request an exceptions to the prohibition on planting flammable plants when it is demonstrated that the proposed planting will not pose a fire risk. Lastly the Tree Commission recommended that the City should create a new full time Urban Forester position to assist with the implementation of the ordinance. Planning Commission The Planning Commission's formal recommendation to the Council regarding the attached map amendment and ordinance will be prepared by Staff and presented to the Commission on July 10th, 2018. Additionally a representative from the Planning Commission is invited to provide the Commissions recommendations to the City Council during the public hearing scheduled for July 17`h, 2018. I Planning Action PA-L-2018-00003 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 6 of 6 o CITY OF -ASHLAND Planning Commission Report DATE: July 10, 2018 TO: Ashland City Council FROM: Ashland Planning Commission RE: Planning Commission Recommendation Ordinance Amendments for Wildfire Development Standards Ordinance (PA-L-2018-00003) Summary The Planning Commission unanimously recommends approval of Planning Action PA-L-2018- 00003. This legislative action includes proposed amendments to the Physical and Environmental Constraints Map to expand the boundary of Ashland's designated Wildfire Lands to incorporate the entire City; amendments to the Ashland Land Use Ordinance to implement new standards for fire prevention and control plans and fuels reduction associated with development; amendments to the Tree Removal permit requirements; and a Resolution to establish a Prohibited Flammable Plant list and a Municipal Code amendment to designate that such plants are a fire hazard. The Commission found that wildfire poses a risk to persons and property throughout the entire community and therefore determined that the designated wildfire lands boundary, and the development standards for wildfire lands, should be applied city wide to mitigate for the potential adverse effects of wildfire. The commission found that the Wildfire Hazard Zone Evaluation in 2014 demonstrated that the existing Wildfire Lands overlay boundary does not incorporate 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 the frequency, spread, acceleration, intensity, and size of fires that have occurred outside the existing wildfire lands overlay demonstrates that the expansion of the wildfire lands overlay boundary is warranted. Ashland Fire and Rescue presented a map to the Commission that identified where individual fire ignition points and larger wildfires have occurred since 1959. This map showed that the risk of wildfire has not been isolated to the existing wildfire lands overlay area. -2- * - * - * -iW~ rt * ~lr I * * * * * * * ,973 i * Ashland wildfires and ignitions: Pink polygon = Existing wildfire lands designation Green stars = ignitions Blue, green, and red polygons = wildfires occurring in 1959, 1973, 2008, 2010 In review of the existing development standards for Wildfire Lands, the Planning Commission identified a number of potential changes to the existing code to be considered as part of the legislative amendment process. Draft code revisions were presented at numerous study sessions throughout 2017 and 2018, and were discussed by the Planning Commission, Tree Commission, Wildfire Mitigation Commission, and an ad-hoc wildfire hazard committee convened by the Mayor (comprised of City staff, representatives from the Tree, Planning, and Wildfire Mitigation Commissions). Through these study sessions the Commissions aimed to clarify the submittal requirements for a Fire Prevention and Control Plan, as well as revise or establish requirements for the implementation of required General Fuel Modification Areas not presently codified within the currently adopted Land Use Ordinance. ~I The Planning Commission found that if approved the proposed ordinance amendments, and expansion of the Wildfire Lands boundary, would address Statewide Planning Goal 7 as a local effort to "implement measures to reduce risk to people and property from natural hazards including wildfire Further the Commission found that the 2017 Climate and Energy Action Plan (LEAP) identified that regulation of new development within the Wildfire Fire Overlay was considered necessary to be more resilient to climate change impacts, and that adoption of the proposed ordinances would address this CEAP goal. The Commission further acknowledges that the City Council had an established an explicit goal to "Complete the expansion of the city's Ashland Planning Commission 20 E. Main Street Ashland, Oregon 97520 , www.ashland.or.us WFAN -3- wildfire hazard zone to accurately reflect risk. Update the Wildfire Hazard Zone ordinance to allow for Citywide application and schedule for Council consideration This Council goal is directly addressed through the ordinances and a resolution being forwarded for Council's consideration. The Commission held a public hearing and deliberations on the proposed amendments on June 26t1i, 2018. Prior to the public hearing, the Planning Commission held study sessions to discuss Wildfire Lands ordinance amendments on June 24, 2014, February 24, 2015, November 24, 2015, February 23, 2016, and February 27, 2018. Recommendation AMC 18.5.9.020.B permits legislative amendments to meet changes in circumstances and conditions. As discussed earlier, the Planning Commission finds the proposed amendments to the land use ordinance relating to wildfire development standards and the wildfire lands overlay map are necessary and are supported by the Planning Staff Report dated June 26, 2017, the 2014 Cit of Ashland Wildfire Hazard Zone Evaluation, the Community Planning Assistance for Wildfire (CPAW) Ashland Ordinance Review (dated January 10, 2017), the CPAW report titled Best Practices Compilation for Ashland (dated April 2017), and the minutes from the prior study sessions as included in the record. The Planning Commission reviewed the recommendations of the City of Ashland Tree and Wildfire Mitigation Commissions as included in the Planning Staff Report dated June 26, 2018, and considered the public testimony and written comments provided at the public hearing. After careful thought and consideration, the Commission voted to recommend the City Council approve first reading of the ordinances and resolution as follows: • Approval of the proposed map amendment to the Physical and Environmental Constraints Wildfire Lands Map to designate the entire Urban Growth Boundary and City Limits as Wildfire Lands. • Approval of the proposed ordinance amending Chapter 18 of the Ashland Land Use Ordinance to amend the development standards for wildfire lands, and the applicability of tree removal permits. • Approval of the proposed ordinance amending Chapter 9 of the Ashland Municipal Code to declare Prohibited Flammable Plants a nuisance. • Approval of the resolution establishing the proposed General Fuel Modification Area Prohibited Flammable Plant List for application in Ashland's designated Wildfire Lands. Ashland Planning Commission 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us Did You Know? Fire science indicates that the first S feet around structures should be free from all combustible material, including flammable vegetation and bark mulch. t. S FIREWISE PLANTS Plant Icon Key Plants typically have high moisture content,arelowgrowinganddeciduous orbroadleafevergreen. Drought Tolerant Pollinator Plants EVERGREEN SHRUBS: DECIDUOUS SMALLTREES & SHRUBS: These Plants May Require Deer Protection le Mexican Orange, Choisya sp. e Azalea, Rhododendron sp. Boxwood, Buxussempervirens Hydrangea, Hydrangeasp. Planting Distances 1 30 -11W Rhododendron, Rhododendron sp. Japanese Maple, Acerpalmatum Use this chart to plan your m< Camellia, Camellia sinensis R~ Ninebark, Physocarpus sp. firewise landscaping. S.`0' Distylium, Distyliumsp. - Currant, Ribessp.~ R~ Portuguese Laurel, Prunus luisitanica Serviceberry, Amelanchiersp. Place firewise plants at - Silverberry, Eleagnus sp. rf Elderberry, Sambucas sp. least 5' away from house. . F Coffeeberry, Rhamnus sp, Pieris, Japonica sp. Flammable plants must be Abelia, Abelias . S irea, S iraeathunber ii planted a minimum of 30' P P P 9 from any structure. Holly, Ilexsp. Crepe Myrtle, Lagerstroemiasp. Silk tassel, Garrya eliptica Daphne, Daphne sp. Strawberry Tree, Arbutus unedo Mock Orange, Philidelphus sp. R~ Snowberry, symphoricarpossp. FLAMMABLE PLANTS DECIDUOUS TREES: Rt Cornelian Cherry,* Cornus mas Chaste tree, Vitex agnus-castes Tree Peony, Paeonia suffruticosa Not to be used within 30' of any structure, including Persian ironwood, Parrotia persica Redbud, Cercissp. outbuildings and decks. Avoid mass planting. Oak, Ouercussp. RI Fruit Trees Maple, Acersp. R~ Dogwood, Corn us sp. Hornbeam, Carpinussp. Arborvitae, Thujasp. Cedar, Cedrus sp. (exception for prostrate or dwarf variety) Cedar/Cypress, Chamaecyparis sp. (exception for prostrate or dwarf variety) PLANTS TO USE WITH CAUTION Cypress, Cupressussp. Avoid mass plantings of dwarf conifers (use sparingly). Douglas fir, Pseudotsuga menziesi Fir, Abiessp. Contact Ashland Firewise at 541-552-2231 for specific recommendations and guidelines. Hemlock, 1-suga sp. Juniper, Juniperussp. EVERGREEN SHRUBS: GROUNDCOVERS: Pine, Pinussp. 0 Cedar(dwarf), Cedrussp. 0 Creeping Thyme Sequoia, Sequoia sp. 0 Pine (dwarf), Pinus mugo 1 0 Creeping Oregon Grape, Mahonia repens Spruce, Picea sp. R~ Japanese Plum Yew, Cephalotaxussp. 10, 0 Creeping Strawberry Yew, Taxus sp. X30 Oregon grape, Mahoniasp. 'is-0 Kinnickkinnick, Arctostaphylosuva-ursi Blackberry, Rubusarmeniacus 0 Rosemary, Rosmarinussp. 0 Phlox, Phloxsubulata Bitterbrush, Purshia tridentata 0 Bottlebrush, Callistemon sp. Sweet Woodruff, Galium odoratum Manzanita, Arctostaphylos sp. (exception for'Kinnikinnick') :0 Rockrose, Cistus prostrates Rosemary ground cover, Rosmarinus prostratus Oregon grape, Mahonia aquifolium (exceptionfor'Compacta') Sagebrush, Artemisia sp. Scotch broom, Cytisusscoparius THIS LIST IS NOT EXHAUSTIVE! Ornamental grasses and herbaceous perennials offer color, and texture, attract beneficials and are Wild Lilac, Ceanothus sp. (exception for prostrate varieties) typically suitable for Firewise plantings. Additional Firewise plant resources can be found on the back of this pamphlet or your local nursery. Pampas grass, Cortaderia selloana i ' NOTES OTHER RESOURCES All plant material should have a minimum 0~ Waterwise Ashland of seasonal maintenance to remove dead r. FIREWISE or diseased plant material. ,mmashlandsaveswater.or Characteristics of highly flammable 7,r OSU Extension Service orcgonstatC plants include: Dry, dead leaves, twigs www.ashland.or.us/privacyscreening or litter, high oil or resin including gums PLANT LIST or terpenes & foliage with low moisture Ashland - Bee City www.ashland.or.us/beecity content. Recommendations Supplemental irrigation (even for drought tolerant plants) is necessary to keep Looking for more i nformation? for Ashland, OR adequate moisture levels in our Rogue www.ashiandfirewise.org Valley climate. In times of drought give reference to irrigating trees and shrubs over lawn and perennials. ,r A 'W" This information was produced in 2018 Interested in a FREE in collaboration with City of Ashland's C I T Y O F RO. Wildfire Mitigation Commission and Firewise Home Assessment? S, H LA N D Water Conservation Specialist. Call 541-552-2231 y . Wildfire Hazard Zone Evaluation 2014 CITY OF ASHLAND Wildfire Hazard Zone Evaluation 2/17/2014 Evaluating the current boundary of Ashland's Wildfire Hazard Zone as it relates to the standards set forth by the Oregon Department of Forestry Wildfire Hazard Zone Evaluation 2014 Introduction Ashland Fire & Rescue has entered into a project to evaluate the boundary of its existing Wildfire Hazard Zone (WHZ) relative to the standards established by the Oregon Department of Forestry in Chapter 629 of the Oregon Administrative Rules. The purpose of Chapter 629 is to set forth criteria that jurisdictions use to establish a WHZ so that the Oregon One and Two Family Dwelling Specialty Code and portions of the Oregon Structural Specialty Code can become effective. Ashland's existing WHZ, established in 1992, hasn't appeared consistent in delineating fire fuel profiles, land features, and other fire behavior factors in Ashland. Indeed, recent fire events have shown that high intensity, rapid spreading, and structure threatening fires have occurred well outside of the existing WHZ.. As an example, during the 2009 Siskiyou Fire 109 homes were evacuated under the threat of fire and none of these homes were in the officially designated WHZ. A careful analysis as well as new technology has allowed for a more critical look at what areas in the community meet the criteria for a WHZ. This project will examine the City of Ashland and determine what areas of the city meet the criteria to be considered a WHZ as set forth by OAR Chapter 629, Division 044. According to OAR 629-044, there are four categories or "Hazard Factors" that are involved in determining the presence of a WHZ. Each of these four hazard factors are "scored" and there is the possibility of zero to three (0-3) points. After examining all four hazard factors for a geographic area, a numerical value can be assigned to each geographical area that will range from zero to twelve (0- 12). If a particular geographical area receives an assigned "Hazard Value" of seven or greater, that geographic area will be designated as part of the jurisdiction's WHZ. Ashland Municipal Code 18.62.090, the Development Standards for Wildfire Lands, designates requirements and standards for properties and structures that exist within the WHZ. A copy of the code section is included with this report. In this report you will find the following: 1. Explanation of purpose and method for developing the geographical areas. 2. The four hazard factors and how they were determined for each geographical area. 3. A report for each geographical area showing an aerial photo, ground pictures of fuel models and a data sheet summarizing the total hazard values. I Wildfire Hazard Zone Evaluation 2014 Contents Developing Geographical Areas 1 Hazard Factor 1: Fire Weather 2 Hazard Factor 2: Topography 2 Hazard Factor 3: Natural Vegetative Fuel 2 Hazard Factor 4: Fuel Distribution 4 Map of Geographical Areas 7 Current Wildfire Hazard Zone Maps 8 Hospital Area 10 Strawberry Area 13 Reservoir Area 16 Terrace Area 19 University Hillside Area 22 Beswick to Roca Canyon Area 25 South Clay Area 28 Oak Knoll Area 31 Airport Area 34 Mistletoe Area 37 Quiet Village Area 40 North Mountain Area 43 Railroad Area 46 SOU Track Area 49 Fire Station 2 Area 52 YMCA Area 55 Conclusion 58 Appendix 61 Wildfire Hazard Zone Evaluation 2014 Developing the Geographical Areas The first step in the project was to divide the entire city into geographic sections based on the presence of differing hazard values. The final outcome was a total of 16 areas utilizing natural geographic features such as ridges and hills as well as land features such as roads and easements. It is important to note that it is not the intent of OAR 629-044 that WHZ be determined on the basis of a tax lot or an ownership specific basis, but rather that a landscape approach be used. The geographic sections were chosen utilizing practical roads such as Siskiyou Boulevard and Wimer Street, but more importantly, they were chosen by also using the natural geographic landscape such as the hillside from Strawberry-Hald Park that leads down into the downtown area. If you examine the Strawberry area, you will find that it is sectioned off in such a way that the area contains similar fuels. A fire starting anywhere in the area could potentially have an effect on the entire area. This is not to say that the geographic areas are completely different from neighboring areas, but rather that each area was chosen in such a way that you will find similar conditions throughout that specific area. It is fair to say that there are two dominating models of geographic areas. The first of these is found mostly in the areas above (or south of) Siskiyou Boulevard. Characteristics found in these areas are mainly residential neighborhoods that are either on a steep slope or are directly at the base of a steep slope that leads up into densely forested areas. A fire in these areas would potentially be quick moving and spread into our valuable forested lands to the south. The second model is found throughout the rest of the city below (or north) of Siskiyou Boulevard. These areas have significantly less slope and are not directly affected by forested areas, but rather by large areas of dry grass and shrubs. Ashland has seen two large scale fires within the last 4 years and both area types were involved. The Siskiyou Fire of 2009 was started just above Siskiyou Boulevard and travelled through steep forested terrain threatening many homes within the city. The Oak Knoll Fire of 2010 was started in an open, flat grass area and travelled quickly through a residential area destroying eleven homes in 45 minutes. In the Oak Knoll Fire, both the existence of natural fuels predominating the area and ornamental plantings within 30 feet of homes contributed to the fire's spread and loss of structures. Flammable ornamental plantings are ubiquitous throughout Ashland, and though ornamentals may be a small percentage of any one geographic area, they create a disproportionate hazard that cannot be regulated outside of a WHZ The areas that these fires occurred are by no means unique. In every geographic area highlighted in this project, there is potential for similar fires to occur. The following pages will further explain the hazard factors and how they were applied to each geographic area. Page 1 Wildfire Hazard Zone Evaluation 2014 Hazard Factor 1: Fire Weather This weather hazard factor for all jurisdictions is provided by the Oregon Department of Forestry. ODF compiles a complete list of all counties within the state and provides scores based on weather history of the area. Jackson County was given a score of 3 points based upon the average weather the area experiences during a fire season. Hazard Factor 2: Topography Developing the topography hazard factor involves establishing the percentage of slope for each individual geographic area. Maps were provided by Ashland Public Works Engineering Division GIS giving the slope percentage for all areas in Ashland. Two color coded maps are provided with this report showing the slope of the city. This map was sectioned off into the geographic areas chosen for the analysis and an appropriate average slope for the area was chosen. A hazard value is then assigned to the area based on the average percentage of slope within that area according to the following schedule: 0-3% slope 0 points 3-12% slope 1 point 12-20% slope 2 points 20%+ slope 3 points Hazard Factor 3: Natural Vegetative Fuel The natural vegetative fuel hazard factor involves determining the main fuel type found within a geographic area. These fuel types are based on the "Aids to Determining Fuel Models for Estimating Fire behavior" produced by the Forest Service. There are 10 fuel models given and each of these is described in detail in OAR 629-044-0250. They can be generally described as three main types: grass, shrubs and timber. Each of these fuel models has a hazard value assigned from 0 to 3 points. The schedule of fuel models are as follows: • Little or no natural vegetative fuels are present. - 0 points • Fuel Model 1 - Grass - 3 points. Very little shrub or timber is present, generally less than one-third of the area. Main fuel is generally less than two feet in height. Fires are surface fires that move rapidly through cured grass and associated material. • Fuel Model 2 - Grass - 3 points. Open shrub lands and pine stands or scrub oak stands that cover one-third to two-thirds of the area. Main fuel is generally less than two feet in Page 2 - I Wildfire Hazard Zone Evaluation 2014 height. Fires are surface fires that spread primarily through the fine herbaceous fuels, either curing or dead. • Fuel Model 3 - Grass 3 points. Beach grasses, prairie grasses, marshland grasses and wild or cultivated grains that have not been harvested. Main fuel is generally less than four feet in height, but considerable variation may occur. Fires are the most intense of the grass group and display high rates of spread under the influence of wind. • Fuel Model 4 - Shrubs - 3 points. Stands of mature shrubs have foliage known for its flammability, such as gorse, manzanita and snowberry. Main fuel is generally six feet or more tall. Fires burn with high intensity and spread very rapidly. • Fuel Model 5 - Shrubs - 1 point. Young shrubs with little dead material and having foliage not known for its flammability, such as laurel, vine maple and alders. Main fuel is generally three feet tall or less. Fires are generally carried in the surface fuels and are generally not very intense. • Fuel Model 6 - Shrubs 2 points. Older shrubs with foliage having flammability less than fuel model 4, but more than fuel model 5. Widely spaced juniper and sagebrush are represented by this group. Main fuel is generally less than six feet in height. Fires will drop to the ground at low wind speeds and in stand openings. • Fuel Model 8 - Timber - 1 point. Areas of timber with little undergrowth and small amounts of litter buildup. Healthy stands of lodge pole pine, spruce, fir and larch are represented by this group. Fires will burn only under severe weather conditions involving high temperatures, low humidity and high winds. • Fuel Model 9 Timber - 2 points. Areas of timber with more surface litter than fuel model 8. Closed stands of healthy ponderosa pine and white oak are in this fuel model. Spread of fires will be aided by rolling or blowing leaves. • Fuel Model 10 - Timber - 3 points. Areas of timber with heavy buildups of ground litter caused by overmaturity or natural events of wind throw or insect infestations. Fires are difficult to control due to large extent of ground fuel. (Fuel model 10) 3 Since each geographic area has more than just one fuel model, hazard value was averaged based on which fuel model was most prominent. For example, if an area has a large stretch of grass field near residential area, it may not be accurate to give a blanket value of 3 for the entire area if there was a more prevalent fuel model. Residential areas commonly have a large amount of fuel model Sand 6 (shrubbery) that need to be weighed against other fuel models such as grass. In some cases the grass area (hazard value 3) and the shrub area (hazard value 1) were averaged and a final hazard value of 2 was given to the area. Page 3 Wildfire Hazard Zone Evaluation 2014 Included with the final data for each geographic area is a series of four photographs showing various fuel models found within that area. These photos are not intended to imply that the entire area is a solid fuel type, but rather to give an example from the ground of the fuel models found. Examples of ground photos for fuel models M • F ~ fi V TT . Yi 1 FLICK tilodcl I Fuel Model 4 Hazard Factor 4: Fuel Distribution The natural vegetative fuel distribution hazard factor is basically a close look at percentages of an area occupied by vegetation. In short, how much of the area has fuel present. This hazard value was determined by using a series b r y Awl A of aerial photos that are available in ; Pictomety. The program allowed for ` a,' ^ areas to be outlined and acreage calculated. From these images and lwr 2.31% outlines, it was possible to calculate the acres approximate percentage of an area that ,afc- ST has vegetation present. For example: This picture shows a very simple area to measure for vegetation percentage. The red line shows the perimeter of the g area being measured and gives the - - - Page 4 Wildfire Hazard Zone Evaluation 2014 acreage. The yellow line shows the perimeter of the area that is only vegetation and gives the acreage. To calculate the percentage of the area that is vegetation, simply divide the vegetation area by the total area. In this case: 1.10-2.31=0.476, or, approximately 47%. This gives us a rough percentage based only on the field area that has no buildings or improvements on it. If we examine the property around the three buildings on the left side of the picture, it is obvious that there is additional vegetation that we need to calculate the area of The areas around structures are calculated by looking at the area as a whole and estimating the percentage of the area that has vegetation. In this example, the area around the structures is roughly ten percent of the total property (not including the open field area that we have already accounted for). The numbers we have for this area: Total acreage: 2.31 Solid vegetation: 1.10 Improved area: (area that is not solid vegetation, total acreage minus solid vegetation) 1.21 % of solid vegetation: 47% Vegetation in improved area: (our estimated percentage for the area around structures) 10% From these numbers we can calculate the total percentage of vegetation for the entire area. With the acreage from the field, we can find the acreage for the improved area. We are estimating the vegetation density of the improved area to be 10%; we will multiply the improved area (1.21 acres) by the percentage of vegetation (10%). This calculates to 0.121 acres. We can now say that the acreage of vegetation equivalent for the improved area is approximately 0.12 acres. To get the total acreage of vegetation we can add it to our previous acreage of solid vegetation (1.10). This will give us a total vegetation area of 1.22 acres. Now it is simply a matter of again dividing the total vegetation for the area by the total area. Now that we have accounted for the ten percent in the improved area our equation is: 1.22/2.31= 0.528, or 52%. In this example the approximate percentage of vegetation for the area is 52%. This number allows us to assign a hazard value for the geographic area. Hazard values are assigned based on the following numbers. 0-10% of the area= 0 points 10-25% of the area= 1 point 25-40% of the area= 2 points 40-100% of the area= 3 points Page 5 I Wildfire Hazard Zone Evaluation 2014 a These four hazard factors have been analyzed for each geographical area and the findings are presented in the following pages. There are three pages for each geographic area in the city. The first page gives a brief description of the area and a summary of the hazard values. The second page shows a few fuel model examples from the ground level. The third page shows an aerial view the entire area with a border and vegetation outlined. Page 6 Wildfire Hazard Zone Evaluation 2014 Geographical Areas for Wildfire Hazard Zone Evaluations CITY OF ►'C MAP 2011 TREG ASHLAND wrsva.asia's~d m, a STREETINDEX (cwrU • I Quiet Village flosltltal - € , z • tiorth Mountain e- r - Strawberrv "r 3 d TTREET NOEX Railroad a { ,t,;ti c i ~ Teri-ace SOU Track t s'" s E S t l l b' `1kiCA Airport ' Stalion2 YKe ~ti • i Uuii'ersity hillside a Reservoir , l3esuluk Oak Knoll South Clay Mistletoe a c, 1 ti~ - Page 7 - - - Wildfire Hazard Zone Evaluation 2014 Current Wildfire Hazard Zone Map #1 . , - C1Tv OF r. ASHLAND ~y r.~ ns f Va. h. r1TLDFIRE HAZARD ZONE \LAP HOMES IN POTENTUL DANGER .s 16 m u z y~ r 14 i •L~ M~ F • / -W lop . r ~ * M 'r rs •r KEY • •y. w sir , . A ery Lrnrs • ■ sk mw Page 8 Wildfire Hazard Zone Evaluation 2014 Current Wildfire Hazard Zone Map #2 I, 4r :e i' ~z lit t. • l i r 7.> ~jr r~ _ + 4 N !f 1 ~ a+ e • •et$ • i i r.~r 1 . ~ ~ e • •ti I ' Tic ! r • i i f, P LL. • o Y , E Page 9 Wildfire Hazard Zone Evaluation 2014 Hospital Area Steep hillside residential with heavy grass/brush slopes to the west and northwest. (Type 1 and 6 fuel models) Residential yards are mostly well kept with a large amount of vegetation evenly spread throughout the area. Fuel models 5 and 6 are most accurate. Also several patches of grass (vacant lots etc) throughout the area giving additional patches of fuel model 1. Hazard Factor Hazard Value Vegetation density (Fuel Distribution) Total acreage: 188.17 3 Solid vegetation: 24.17acres Improved area: 164 acres % of solid vegetation: 13% Vegetation in improved area: 35% Total approximate vegetation: 43% Vegetation type (fuel model) Most prominent fuel models are type 1 (3 points) and type 5 (1 point). Since these models are evenly dispersed and mixed together, a total point value of 2 is the most accurate. 2 Weather: Jackson County 3 Slope (Topography): 12-20% 2 Total Hazard Rating 10 Meets wildfire hazard zone requirements? Yes Page 10 - Wildfire Hazard Zone Evaluation 2014 Hospital Area - .j gyp t kcr q Photo A Photo B ~ sew "4 ery NME uE., ; w* V, a- 4 , ~ 4 ♦ Ate! ✓ .-~'I ' Y Y' X57, 4sx T (y~T y / } v~ - dip ~4a'.♦ ` Photo C Photo D Page 11 Wildfire Hazard Zone Evaluation 2014 Hospital Area ~ ~~Ti ti~ ~ . , ~ ~ ~ A ~ ~ , ,!{tea t" ~ 't 15 a fi ,x ~kA 91-i ! i„ l ! 1` ~Ff 1! , I +T' A:r; f! .r r 1 r f'T f r .5'~~+y+~f F i; r f.r ~5~' 1 y FI (frf' r 1~ ■k'd , 46 i I 4` a rf ~ I 1 .mow - is ~ 4- 4 - ` V, 47, 7f. kk i 't ( ~.d*, y~4~a . 'fir ''~i 'Wr• F A - iw~ k, A;A ~rO r = 1 41; i~Fr l f ' S ! y~ f .A I ~ s' _ -~r~~`~`;t ~'•it _~f~~,~ ~~,{,r' ~ . ~ ~~.I ~.x~ r.~~ I~r llp~ ,~"~1'~ '=r !.~L~° - H 9 Ira y `I , ~.q'^• Y~ J1 # ej - 666 y dot :mac' 14 , ! ~t 1'r, 5 4.l~'1~_aJ ! r 1. Y!'el~k ~1~ 1, ~Y T 1r k. 1 ( .1 ! SF1~ JEL r - I.J.. •iY g I ~ # ~I ' i~4i~...~ a Ilk; Page 12 Wildfire Hazard Zone Evaluation 2014 Strawberry Area Area is represented by steep hillside residential with heavy grass/brush area. (Type 1 and 6 fuel models) Residential plots have an overall moderate to heavy fuel load and many areas are in close proximity to dry hillsides. Hazard Factor Hazard Value Vegetation density (Fuel Distribution): Total acreage: 334.22 3 Solid vegetation: 92.84 acres Improved area: 241.38 acres % of solid vegetation: 27.78% Vegetation in improved area: 35% Total approximate vegetation: 53.06% Vegetation type (fuel model) Most prominent fuel models are type 1 (3 points) and type 6 (3 points). 3 Weather: Jackson County 3 Slope (Topography): 12-20% 2 Total Hazard Rating 11 Meets wildfire hazard zone requirements? Yes Page 13 - - - - - - Wildfire Hazard Zone Evaluation 2014 Strawberry Area 4i t 000i n tvr- Photo A Photo B ~4'!+"'.~q, ~ y~~ Fes'. ::se , ~ ..'t l'~~'s fiY~t' - { t{ C y ll, } i L w Ry G . r } " 701 Photo C Photo D This area is dense residential that transitions up to very steep Total acreage: 334.22 terrain. Large area of open grass/brush at top of hill. (Type 1 Solid vegetation: 92.84acres fuel models) and 6 f Improved area: 241.38 acres On the west side, there are large patches of grass (fuel model 1) around residential areas. %of solid vegetation: 27.78% More towards downtown, residential yards are mostly well Vegetation in improved area: 35% kept with a large amount of vegetation evenly spread Total approximate vegetation: 53% throughout the area. Fuel models 5 and 6 are most accurate. Page 14 Wildfire Hazard Zone Evaluation 2014 Strawberry Area ti 9 w ' . k , s' Ilk, + e 1 41 ( a • Y 3 jr ~ i _Yk y' t + 1- lit 1 1 J.I r ¢ t , ti x# fir' - i' ~ r ~ ~ 111 i is ,a t ~ ' , P'~6 _ {~d4 ° m 4. d ` vim! .1, P 3i•i ,q.. i eYYt`' ! r.,: s i - IS .u i _ rr 1 't4- r f y lit! !x ry~~T -'~C rr ~ r1 'AV i• ~ k s roi' d }a tlk tl . °k 14~ ' ' het . r . G 'i4 N; -wp ~ , ..''V ~ 1 ~ t Y ° f ° ~Y f ~ ~ S ° ~ . ~ _ P ~ - [fir € ~ ryt~ # t, 74~ ° T+ F. b I e{ , r: 11 ! : 1 rte' i1 ra ~F.v.• r ~s S. ° i. 1~, ] ,,ti ti ~*Y:.Y. }~'~~•a7$~~2 ~A1 ~ F ~ r.:~° 1-`•' w,' ~ . ,F ' ~ ~ 3 At. a 3 1 F 7 a e c V',r rY° rr e.~ ',~~e s A A r~ ar 1,_E 10 y ' F c. Ids "Y~ M R 14 irs.,~ ~r~ rlj m ~ ~ + y r a~~ I t rE~' ` 3 ~ Q 47r4r, 11 .•e F ejow ~.1gJ! ~1- t •`v 1° •d. ~'r r;''l14: ~y ks#6 mIr r j ,11~ >Q.• aiP.'`T'+w•, ~a ~~!°i - 4 t r. '3' *.T a . ~ 7 tr'H ° a 1 It..^ ~ r~ 1 S~ ~ 2, ~ t P is • ~k ~ ~ ~r ~ rye ~ R7" ~ w g ~ ~ x " ~c c I~ z ~K #e ~'t1 • 8~'.1 i 1 3i q P?:. 1 -c 1r' I., ~ ~{~'~'C ~e4~ac~ ~ ir~~~~ ~r~'' ~~'1: I4A 'eta - e• 5 i,r r e 'a ` i a g~ ~r ~•~'1.",. y M1 i!1 'r. a r ~ ~ $8~ e ~ x~ gyp... ~z,~~ .t~ E r~ ~ r vie . IR ~ ~ 1 ~ ~ - •r~i ~ o t ~ t -f ~ ~r 1~ ~ ~ "~Y„„„ 1 ~ 1~ 1 ~ - 1 .r;~~ a,~,hkFy 4 R ~1'+r~',,~~ ,}a, t'p@~sTS r; 1~ y ~ F:~ ; l~•i•~'~~ S ~4` ~i`'*~ °'it~3;f a" i-'h s r.! evt•. '3` 5 £ r is •~•Try `~."P';~ r "wa'-so£- 3 I,i , e ~S f° ,~~c` a B l!-,~ 7.. ° +e .~,4-~}i, r}. ~ j i`~•~3' ~ I ~ ~ ~ e v ree~r ~ - ! » $ p z a A~1r: i e~~',c ~ u► ~zx' 'i -.s. a T _ 3 ~n EL`t 1 t f ik ,g 7#. ..r~4.,t Page 15 Wildfire Hazard Zone Evaluation 2014 Reservoir Area This area is a steep and densely forested area with some residential off the upper part of Granite street. (Type 1, 4 and 9 fuel models) This area of Ashland is the most densely vegetated and the limited areas of improvement/construction are on steep lots with dense vegetation around the homes. Hazard Factor Hazard Value Vegetation density (Fuel Distribution): Total acreage: 219.53 3 Solid vegetation: 189.36 Improved area: 30.17 acres % of solid vegetation: 86.26% Vegetation in improved area: 35% Total approximate vegetation: 91% Vegetation type (fuel model) Most prominent fuel models are type 1 (3 points) and type 4 (3 points). Since most of the area is forested, a value of 3 is definitely given 3 Weather: Jackson County 3 Slope (Topography): 20-35% 3 Total Hazard Rating 12 Meets wildfire hazard zone requirements? Yes i Page 16 Wildfire Hazard Zone Evaluation 2014 Reservoir Area P: V ~ K _ y. ,Y yr: ~ R . +±F" a 4 i. i~o : f- Photo A Reservoir Area Photo B *r _ I' Y h a 1*7 r X'.. " - r. • .r. y~-. F f r~~' vin Y r'j~ ~ 'k . Photo C Photo D Page 17 Wildfire Hazard Zone Evaluation 2014 Reservoir Area #i .w° r Eh/e.' = Sri y~.•s..Q10.. - t I 7~ ipp r iL 1 ,ter oe~O a4 9 r -1 tk 17,04-0 Ali ~,ar' ~e " ~ SIR _ ~ ~ - _ _ ia~ ey F ~~u a. ~.a F ~ •~T ~xf~ rTS F~'.~ w> '~s -q<<`"'~ t ~ t'q ~';..I t•-~ • L'z. '~.~~re y ~ ./y~~~, ° G ~ Ii°'~ s ~'~.a~~ d~~ r~. roc y 'r'~ } ~ '~ti ~ ja ~ I `~I i v S ~,l x' r a' om,: c4, sir , 3 , _L R,1~'~ a 0 _ IN r 1 ra~ •p ~ i.I 5~ , s f y .I 7 ±Iry .,~#R` j Ir~~. IE,aQ_.i)t n~ n F ri4-; ` „~Y' a•~; # k F- t 4 •~ti ~~'~.F -'~,`~~5~e°~~ 4 .71F^S^r'" lf'.~,f,~ty•~f f 1_~ °~tr k~ 40 4R a'a.~ a'r ~f• t W+ ..4. `1. , r. R . rT c F ~eT y~.,i :E'" r r? , f,,- •k, ` ►k °Ees.HH4''@ 1 Nq~ ,r ` ■ c, ,r.a4k, _ - J A f IJSi- . F of ` • i Page 18 Wildfire Hazard Zone Evaluation 2014 Terrace Area Steep hillside residential with heavy grass/brush slopes to the west above Lithia Park. (Type 1 and 4 fuel models) Residential yards are mostly well kept with a large amount of vegetation evenly spread throughout the area. Fuel models 5 and 6 are seen with various shrubs/bushes throughout the entire area. There are also some areas with timber representing fuel models 8 and 9. Hazard Factor Hazard Value Vegetation density (Fuel Distribution): Total acreage: 351.5 3 Solid vegetation: 93.23acres Improved area: 258.27 acres % of solid vegetation: 26.52% Vegetation in improved area: 25% Total approximate vegetation: 44% Vegetation type (fuel model) Most prominent fuel models are type 1 (3 points) and type 5 (1 point). Since these models are evenly dispersed and mixed together, a total point value of 2 is the most accurate. 2 Weather: Jackson County 3 Slope (Topography): 12-20% 2 Total Hazard Rating 10 Meets wildfire hazard zone requirements? Yes Page 19 Wildfire Hazard Zone Evaluation 2014 Terrace Area Id r s • ~fAV~~N ~ f F ~ ''~'F ~ ~C~ ~~.f`4~ . ieM'. C ~~~~~1'S a Photo A Photo B -AV t s 4' n > , Photo C Photo D Page 20 Wildfire Hazard Zone Evaluation 2014 Terrace Area t AM, Ilk ,~I I` -11k.rR i^.r ~ ~ I x~ ~11' ' v k it 'nr~l r,j. ~ i r r 1 r ' I I c. 4i1„ 1~tI pa ~~,R'-.r 11 94. it ,I 4~ . 4 4 ,L If~ fP g}~Ii a F' 4, a Lug If' t'ti t ' _'t ~I r t y x} 1 _ I ~+19 r►{'i~~~j ~~i~''o°'Ql`, ~il N}t',, q, ~ ~ i~ k~ _ '~i ".9}~,'~ ~ i6 ! A ° 't ~ • J ~ l ' ° ti~ ~ r~~ r a~'. ~ . I~ ~4"'r;~~,~. ' : 1 ....~t,rs- . y . X11 . ~ . lyv w:~-i .~li^; .7 a I.•. -F-'.(.r 11;`x' • t _ _ (I,~, ,,r. - :A ':4" :t t- ~ tj vch ifow t. I Es-a,~ ~ t r. +y ~`:~4 ~ ~ a y4~J. ~aF•r r i' ''`yuf-~ r `~j~ c ''ILA dh g,s v I °,r.~ as •i~ I rF. 1qJ '+E AO rte, " ~ ~~ytf - ~ ~ ' I,li.~~ r~ -TP ~.,.'•i~h~a 0117 ~ yid' ~,-~r**^.a F~ ~ t 1~''',~i,~ r5~,,~w-1'+~°~+r. -~-'.l f ~ s~! ZP ~ - L ~ ~ - µ JK- a 1 R j f' a 5~ _ ~ ,'tom' } i k ai4-r, ~ 1 _ Psi ~'w. - _ .4, _-__~..f~~ s ..w ~~Y 4 , - - - - Page 21 - Wildfire Hazard Zone Evaluation 2014 University Hillside Area This is a dense residential area above Siskiyou Blvd that transitions to steep hillside above the university. Upper area is densely vegetated with fuel models 1, 4, 8 and 9 present. Residential areas are densely vegetated with large amounts of trees and bushes. Fuel models 5 and 6 are most accurate for the residential area. Hazard Factor Hazard Value Vegetation density (Fuel Distribution): Total acreage: 298.24 3 Solid vegetation: 83.67acres Improved area: 214.57 acres % of solid vegetation: 28.05% Vegetation in improved area: 25% Total approximate vegetation: 46% Vegetation type (fuel model) Most prominent fuel models are type 4 (3 points), type 9 (2 points) and type 5 (1 point). Since these models are evenly dispersed and mixed together, a total point value of 2 is the most accurate. 2 Weather: Jackson County 3 Slope (Topography): 12-20% 2 Total Hazard Rating 10 Meets wildfire hazard zone requirements? Yes - Page 22 Wildfire Hazard Zone Evaluation 2014 University Hillside Area t ~ 1 1r` ~ 4 4~~1~t ,o Photo A Photo B Ya. } 9 Photo C Photo D Page 23 Wildfire Hazard Zone Evaluation 2014 University Hillside Area 1L ,t r I Z"' , v"r s . i.. - ...~.'Y ' a1r - iAr J!F ~y _jI rn 7", 7r, V ~Y.a , p * ~ ~ ~ bF e r !~'-'A"~1Ir y4~ ffi ! .'x~r~' f+ d p • r/ a h --33 p + '1 a ..sue 1 Ti 1~ 1' r"`~'•''} ~ ?~~y, y~ _ it • 'r • f' ` ~ ~ - i y .1 Jvr ~ ~ ~1n3i9 .,~y., ..,f4- ter,. Y.vui~)+~., iJ~ -Nobel Y 1 , ~ q 17 ' . _ 4 /1T~'j~. a ~ k ' ~ v' i :C ~ , y a `L Y I i ' ~ ~ ` ~ - .,P e ~ ~5 r t§, .s- ~ ter, tx' yY {P a-~ 1 j~ ~•*t I ' Y 1 . r' -_,q~.a•^ 4 k'6~^ ,F'' {h.Y Y F eg i P~ `a ,•-firs .l::t x,~ v Aft R, Yr rre ~.r ai a I r~~,.'~ r rya °S fol- 1 ~ AF t z d pil- 'sh~ r- - E r M1 r~ ~ {I„.~' Y,~Kr -1•~; % 4L ~ : i ~ - fps ~ ' • ~ ~ -,yr~ ~ , + ~ ~ 'ci~~,~ '~ip+ ; ~ P it ~ ~ ~ 1t ~ IYfM. -t - . ~ S~["~-3- I b t z i6 "M' Mil 4.'. Page 24 Wildfire Hazard Zone Evaluation 2014 Beswick to Roca Canyon Area A dense residential area that transitions from mild slope to steep slope. Moderately dense vegetation around homes with fuel models 5 and 6 seen most frequently around homes. There are also patches of grass and timber models present, especially towards the Roca Canyon area. Hazard Factor Hazard Value Vegetation density (Fuel Distribution): Total acreage: 308.15 2 Solid vegetation: 47.33acres Improved area: 260.82 acres % of solid vegetation: 15.36% Vegetation in improved area: 25% Total approximate vegetation: 36.5% Vegetation type (fuel model) Most prominent fuel models are type 1 (3 points) and type 5 (1 point). Since these models are evenly dispersed and mixed together, a total point value of 2 is the most accurate. 2 Weather: Jackson County 3 Slope (Topography): 12-20% 2 Total Hazard Rating 9 Meets wildfire hazard zone requirements? Yes - - - Page 25 Wildfire Hazard Zone Evaluation 2014 Beswick to Roca Canyon Area AIR, Y =aVl" tsl L~. 'y C ti - will lift' 7 -tee Photo A Photo B n r T R f ~'lt . ~Y al T Y 4 `s ~ . TA Vow- ..e Photo C Photo D Page 26 Wildfire Hazard Zone Evaluation 2014 Beswick to Roca Canyon Area 'ir 1. T I r i - - - Lit- f; ~":fff; 1~4 1 '~i? , - e. lwli 1 - 1 - _ ! I-'-,. Pr e 40- ~:I TOrI ~f~ 1 1~ 1 M'-° +a r, M}4•,~ l l 1.. i } >ti. ~~Ft, jt i t; Z L,h. !9a°;- qgi},• '~:r: .w, h~1i. 1 v, i ► ~ ir. , j .r - f~ a i bow ! I ' a}1 4 e~t ~'~k I'''a]~g•~, p, ."I~d~+s i ~ .l~;~vi,! ~ •a, l 1. v w *Y3: L` ~ 1 1 4 + 4 rl "M I _ Vii, ' ' t ^ tiSS: LI e a ~{.*j . . 1 doe. % i L 1~~, t1 ¢ F t " Iii -~L ."e •.}{.'7~( 1 -:~i~' i} Frp1 : ~ ',JP n. L ''Yn L'•t I i `1 I~q e•rT... i .1e. p i t, fy } + ,'y •e, F 1tp - Ilk !t~ 9 i ~ I wF , '.h~ {ice!- i •..V r, fR~' y# k In° °i . l c q at f X p 1- t~~a.,•s„ia'~ `a~ -li► T - - }4-i `~+It McY•f R 7.. i. • r'SF'~ .,e 'i4e'0' - I , f j~ i dj~~ E f '6= r 1 ( * 4 .c'', ' ~ ~ r"~. P~S •'•Z _P `Ap "•+I''7~ ~$7 t i 4rj~'-~~ i:wV 1*Y'~, :_•t ,q ~ : - , ~i r' ~r~ ' ' r~~ .,...~t;t."° - ~ ,r ~'+T°i ' •Q~~ s+'T i ,';.F, ~P ;r, 1 i I f Page 27 Wildfire Hazard Zone Evaluation 2014 South Clay Area This area is a gradual sloped residential area that transitions into steep slope. The area towards the top of Park has some forested models although the area is dominated mostly by brush and grass areas with moderately vegetated areas around homes. Again, Fuel models 1, 4, 5 and possibly 8 are seen here. There is also a creek running through the residential area giving a heavy fuel load splitting the area into two distinct but similar residential areas. Hazard Factor Hazard Value Vegetation density (Fuel Distribution): Total acreage: 197.08 3 Solid vegetation: 18.24acres Improved area: 178.84 acres % of solid vegetation: 9.26% Vegetation in improved area: 35% Total approximate vegetation: 41% Vegetation type (fuel model) Most prominent fuel models are type 1 (3 points), type 6 (2 points) and type 5 (1 point). Since these models are evenly dispersed and mixed together, a total point value of 2 is the most accurate. 2 Weather: Jackson County 3 Slope (Topography): 3-12% 1 Total Hazard Rating 9 Meets wildfire hazard zone requirements? Yes I Page 28 Wildfire Hazard Zone Evaluation 2014 South Clay Area i scc~ tiY' s t s~, ~ "..a,lit - Y j(p Photo A Photo B ~I r• it *f~~o it -4 v ~ " •t~~~a jam. ~ '~'7~" r..~ aLT~ ti MH Photo C Photo D Page 29 Wildfire Hazard Zone Evaluation 2014 t South Clay Area a t -Amp W. F i 1~ (ly Y P 4' lo- k ;,~J r ; pqr i a' 1 t s it r jr.A it i f i r".r l *e tS X..i. r• • - i I Ito ot~~ "I ~s h 2 j r L k r~ 'r it r i _ f Aim i. e. 4 _ i' _ r a jp7 p r t yr 1 1+p' 1: f e:x rl a i u:p w i _ 7 + _ nT=_~` + r F e -4. 1 1 s II ~s 'i..... 0.i ' t ~b- " 'i.>...:-yr+~ '!c t • Vii, - 5 1~ta"`~"~` V#tga.i, x+ IJ. tr 'mod i rr _ , AF c tii h r ! (t<+lli I y,~ ° if s 4 i. ~ _ XAAA ¢i' d a x•• _ At- 1 y~ k i S ~:i~ IlI •d. °L~-'~' it ,~'i r.y'. r~i ~r('~=T'9f~ r~ , ~ .i ~ r i 9 i i 'i■ A 7 , , P t y,l~ f 44 . 1 t G+_i`7 ~ ~ ! °r' ' ~i Ire r~r ( i 9" 1 ~r,~~ ~ n • ~ a: r06 ~ - ~ ` ,11, _ ~1?Ir~'~ ~ a ~ Ar f s - Page 30 Wildfire Hazard Zone Evaluation 2014 Oak Knoll Area A dense residential area with substantial vegetation and varying degrees of slope throughout. Despite recent improvements to the area after the fire of 2010, there is still a significant amount of flammable vegetation around many homes. Fuel models 5 and 6 are present with a number of bush/shrub types around homes including juniper, Manzanita and pine. There is also significant grass and brush bordering the area along the freeway as wetl as the densely overgrown hillside below the Windmill Inn. Hazard Factor Hazard Value Vegetation density (Fuel Distribution): Total acreage: 217.83 2 Solid vegetation: 25.55acres Improved area: (excluding golf course) 123.33 acres % of solid vegetation: 11.73% Vegetation in improved area: 35% Total approximate vegetation: 31.5% Vegetation type (fuel model) Most prominent fuel models are type 1 (3 points), 4 (3 points), 5 (1 point) and 6 (2 points). Because there is fuel model 5 mixed in throughout the residential area it is fair to give 2 points instead of the full 3 that would be awarded to other fuel models. 2 Weather: Jackson County 3 Slope (Topography): 3-7% 1 Total Hazard Rating 8 Meets wildfire hazard zone requirements? Yes - - - Page 31 Wildfire Hazard Zone Evaluation 2014 Oak Knoll Area i F .t . I r _ ~i 0 Photo A Photo B r f5 Y u; 1 _ vw' "mss Photo C Photo D I Page 32 Wildfire Hazard Zone Evaluation 2014 Oak Knoll Area war- Mks F ~ • r.ti } •~`u 1, s' 'I' P 40 tiA y J 4 'on x '6 ,1 t r yYy _ f Ty1 a r~• ' 4. e .,~i• 14 I y _ 'IV oot } took a } +-ae i yet: a-a'•_ n c ~ { r ~ ~ r. " 4 y a . . r ,a t SAP r • Page 33 Wildfire Hazard Zone Evaluation 2014 Airport Area The airport is a large open area surrounded by fields of grass (fuel model 1). There is also significant brush along the southwest border where a creek runs. In addition to the airport, there is also a small section of industrial shops and storage yards that are also in close proximity to the brush/grass areas. Hazard Factor Hazard Value Vegetation density (Fuel Distribution): Total acreage: 117.49 2 Solid vegetation: 36.62 acres Improved area: 80.87 acres % of solid vegetation: 31.17% Vegetation in improved area: 5% Total approximate vegetation: 34.61% Vegetation type (fuel model) Most prominent fuel models are type 1 (3 points) and type 6 (2 point). However, the grass areas are by far the greater area and threat and the area should be awarded the full 3 points 3 Weather: Jackson County 3 Slope (Topography): 0-3% 0 Total Hazard Rating 8 Meets wildfire hazard zone requirements? Yes Page 34 I Wildfire Hazard Zone Evaluation 2014 Airport Area ~ M " ~t T Y i 1 r~ ~ 4 n.✓o- t 4,. T Photo A Photo B i Y d3lr,~,.e_.55~._ ~ y-:, .t _ .....YW.r~_ ♦ ~ s_ ..a a Photo C Photo D Page 35 - z Wildfire Hazard Zone Evaluation 2014 Airport Area , - A y.4r4r , ~Ali~ - Yom` a ~..;Y~. _ •4 '4 - xaww, Xc~ 46~ . `1, '+A. _ 1I 1 • rv' '@-.:, ,s. lk~ r. AMIN i y : Y 1 Erb a y . 1 r ~ ~,M¢ Y~1•,' '+n~ 40W t I .5,m .r s~, ~s,'~'~•A,r ! MF" * t ,o p tip r t, a r ~ t _ - - - - Page 36 - Wildfire Hazard Zone Evaluation 2014 Mistletoe Area Relatively flat area with large fielded areas mixed in with industrial buildings and a bordering residential area to the west. Hazard Factor Hazard Value Vegetation density (Fuel Distribution): Total acreage: 196.88 2 Solid vegetation: 60.32 acres Improved area: 136.56 acres % of solid vegetation: 30.64% Vegetation in improved area: 10% Total approximate vegetation: 37.57% Vegetation type (fuel model) Most prominent fuel model is type 1 (3 points) with some smaller areas of type 5 (1 point). Since the grass fields are the biggest threat it is reasonable to give the full three points for fuel model 1 3 Weather: Jackson County 3 Slope (Topography): 3-7% 1 Total Hazard Rating 9 Meets wildfire hazard zone requirements? Yes Page 3 7 Wildfire Hazard Zone Evaluation 2014 Mistletoe Area tw* VIZ. ~}'"a::w , eM ~ 7'. i~:` it ~Y 4 ~'7~-.~ l Y~~:. 3 ~ ~ _ S ♦ - +'°..'.R ~ it X0 ?At low Photo A Photo B '.d ~ -`-VLSI r Photo C, Photo D Page 38 Wildfire Hazard Zone Evaluation 2014 Mistletoe Area r OF, 4 Jr e i. "9 ~ f - Y i7~`~ J s i { P E _ ~ I.T .b " is ■ ~ mAi ~~l 4'YI lk. r p RAT ~ h~r. M' ~r t''tJt!! r `~F a~ 1g J'iit r~ IM' 771 #7. tat rw~ t. 61, jk7 1 ~ .r Opt I e l ` t ! ' tP I I i 1` r "@ t § Y' . 'r z Page 39 Wildfire Hazard Zone Evaluation 2014 Quiet Village Area This area is a relatively low slope area with steeper banks bordering the creek that runs through it on the east side. There are several large areas of grass and brush bordering quiet village as well as grass and brush running the entire creek area between Oak Street and Helman Street. Residential area has mostly fuel models 5 and 6 with the bordering areas of fuel model 1. Overall this area is very similar area to the Railroad area. Hazard Factor Hazard Value Vegetation density (Fuel Distribution): Total acreage: 349.65 2 Solid vegetation: 61.34 acres Improved area: 288.31 acres % of solid vegetation: 17.54% Vegetation in improved area: 20% Total approximate vegetation: 34% Vegetation type (fuel model) Most prominent fuel models are type 1 (3 points) and type 5 (1 point). Since these models are evenly dispersed and mixed together, a total point value of 2 is the most accurate. 2 Weather: Jackson County 3 Slope (Topography): 3-7% 1 Total Hazard Rating 8 Meets wildfire hazard zone requirements? Yes - - Page 40 - Wildfire Hazard Zone Evaluation 2014 Quiet Village Area ♦`3,i~s f 1 4G ~~a .:4^ed: t r > ~ ~ a 1 r P' Photo A Photo B 1 Abag qmw" r F 4 IM -14, Photo C Photo D Page 41 - Wildfire Hazard Zone Evaluation 2014 Quiet Village Area .7 r r , '1 1 ~ °6+1 ' Y ' ti` 6x11 t~- _Z ,y3y S ! 'i 1i' j,` - ' ~,1 Ilk . -4 I 16 y l• ' w e_ a p:. ~ y~ r-= la a r ! t ~ ~iyp. ' i '1 a.'ft S y 4. 1, i ' 'P' K'f "i 4Ry r {I'.Ms a•<~i . 'gyp ,~Ip : Y ..1 i n~ 9 .1:1 F 1'`., - ' - of t 0~• ry+~M ,-ti~• ( t! F~ „~,~4; '~P. ~ ~ei4i~ ~ .,S I ,e r ~ , i t ;•!~M~~. r ~ "ti'~ E ~ a• :r: ~I1 wz~ y`16~~'f'+,y a~ 1 , •~°'~•',d _.IZ' 1 ~ ~ ~.''~l.~I`" iry .y~af"'1 l~si~~1, i Y1~fi~,~1;r~~~'.. °i (]~9~i ; 1 r ~ ti~ . - F ~ I . ~ _ , • "1 ,/jl ` ~f y 1. ~ I ~ j + l"'~. ` y ii 7~ G r r•,y~ ti .-~~j ,i 1i °-.:,1 L. ~ jy I~s' rr~ " 4''' 11~F f•~- /per' I a . lie -T -v " -T ' Y• y~ IF . i r `f I.11 1'T" ~ i ' _ r e 1 ~4 f R ? I lit, I, k.~.~•~~~°'..~' + k fit" p y ~ 1 ~ - r c. I~„'.M 'k~ uJa,~lk ~~F; ~1 1 .'yam, ,r ~ 4 b • t ~ s, fp~~ fit. y:-1TMF'~~i~'.." - ~ ~•:1 ~a ,t~~ ' i"~~... d1~.9 ~d).~l..-~'~r~b~`j-a~ri~~~,~1~it ~..».~~.i:~ Page 42 Wildfire Hazard Zone Evaluation 2014 North Mountain Area This area is slightly unique as it is a large central area of grassland on slope that leads to residential in nearly every direction. Dense residential neighborhoods with moderate vegetation are present along Oak and Hersey Street. The community on North Mountain Street has significantly less vegetation around homes but is still surrounded by dry grass fields. Hazard Factor Hazard Value Vegetation density (Fuel Distribution): Total acreage: 247.97 3 Solid vegetation: 84.26 acres Improved area: 163.71 acres % of solid vegetation: 33.98% Vegetation in improved area: 20% Total approximate vegetation: 47.18% Vegetation type (fuel model) Most prominent fuel model in this area is fuel model 1 (grass, 3 points). There are other models present along the creek and around homes, but the significant amount of grass in the area justifies a full 3 points 3 Weather: Jackson County 3 Slope (Topography): 3-7% 1 Total Hazard Rating 10 Meets wildfire hazard zone requirements? Yes Page 43 Wildfire Hazard Zone Evaluation 2014 North Mountain Area v. [ • .IL`s y_ d ® _ aa7, Photo A Photo B I Photo C Photo D Page 44 I Wildfire Hazard Zone Evaluation 2014 North Mountain Area 4t 7;Sh 1~' x N- '.1• r13.~~ 4A .•M Si~ ~ ' r%V i. ~ : ► 1 i . ~ T l~~t~?~~ ~-~xJ ~ .'III Ayti. f'iy --w r Y y l ~ Yr"Sp ' r _ q rws e iN ~ ~.s jot • C ''i ~~i ~ ~ i -r r`~ _ aye '~1 ~'y`_f + Y ~T A 1 YY~r' y - _ y7 J• t 1 ~ Y ~LL ir. ~r .~y ~p ~ ! _.~.-•°u• _ 1. ! II r ~i k..- ~ ~ d .~~f ~~~'~Rk ~ ~a. vd~' y r~ r.. ~~IJ~ ; aY •~x'~`yr. ~ i~^~ ~t~~' _ rN. 'M~'-4±:~ i 1 1'` ~ r t4 j tAb rxxy~ _ ~ ~i ~ ~•YC i r° F ■jpxJ rt~yJ r , F - •k Iy+{. _.x~- ~ fff•• t, i "Lr jw~ - Page 45 Wildfire Hazard Zone Evaluation 2014 Railroad Area This community is a fairly low slope residential with large areas of grassy field running through it and along the railroad tracks. The most significant fuel load is the large fields in the Clear Creek area that are in close proximity to residential areas. Fuel model 1 (grass, 3 points) plays a significant role in fuel type. This area is very similar to the Station 2 area and the SOU track area except for the fact that the grass areas are within city boundaries which will raise the hazard value. However, residential fuel density is low as part of the downtown area and also the high school will dilute the density average. Hazard Factor Hazard Value Vegetation density (Fuel Distribution): Total acreage: 351.06 1 Solid vegetation: 39.72 acres Improved area: 311.34 acres % of solid vegetation: 11.31% Vegetation in improved area: 15% Total approximate vegetation: 24.62% Vegetation type (fuel model) Most prominent fuel models are type 1 (3 points) and type 5 (1 point). Since these models are evenly dispersed and mixed together, a total point value of 2 is the most accurate. 2 Weather: Jackson County 3 Slope (Topography): 3-7% 1 Total Hazard Rating 7 Meets wildfire hazard zone requirements? Yes - Page 46 Wildfire Hazard Zone Evaluation 2014 Railroad Area r, 44, r ~~FF Photo A Photo B ~ L; UR 41 wi~ Photo C Photo ll - - - Page 47 - II Wildfire Hazard Zone Evaluation 2014 Railroad Area 1 ti k t y. ~ .r 5 - ,x'74 , ~ k 1 J Ir. •1 1 r ~ ~ 2 j. y ff F F F I ~~yy L t [~y~ r •'-"i31 ..''ii 1 ~ ~.,l.T~* Y{~° ~Ir~ dj ~ )t_ ~ f+t Ft « • 01f.44- -1 Ali L"~J, ~ 'tire ~ 1~~F i~ 1~"iF'?~~',1~y • ~ I ~ f ~ 1 p° PLf p1 i -t 4 y t E~ k f a ra, ~jp- Ct t; 19l~,I 1 q 1 •.,t f 0.t r ~y« ~ny Y LJ ~ `~t~ 1 1 try + CC I, ~ 1 jf, r e `F Page 48 Wildfire Hazard Zone Evaluation 2014 SOU Track Area The area is an average residential area with moderate vegetation mixed in with patches of grassy fields (fuel model 1). However, this area also has a high number of sports fields which are similar to the golf course and will heavily dilute the vegetation density hazard value. The area also has heavy grass fields to the east and north which lay just outside of city boundaries and are not accounted for in these figures. Hazard Factor Hazard Value Vegetation density (Fuel Distribution): Total acreage: 272.31 1 Solid vegetation: 12.3 acres Improved area: 260.01 acres % of solid vegetation: 4.5% Vegetation in improved area: 10% Total approximate vegetation: 14% Vegetation type (fuel model) Most prominent fuel models are type 1 (3 points) and type 5 (1 point). Since these models both would play important roles in the event of a fire, a total point value of 2 is the most accurate. 2 Weather: Jackson County 3 Slope (Topography): 3-7% 1 Total Hazard Rating 7 Meets wildfire hazard zone requirements? Yes Page 49 I I Wildfire Hazard Zone Evaluation 2014 SOU Track Area I i•`4 + p y' { M•'.<~Y ~ fir. r~ Mike jr :tea 9 K~ F,"^}} $ ~ Vim' ° Photo A Photo B ti t • . dYt~ a GSM,. ✓1'..F $ - j,,.s° ~'t _ _ . _ al~~ ,44'°x' _ tea. ..•j., a{; Photo C Photo D Page 50 - Wildfire Hazard Zone Evaluation 2014 SOU Track Area i4kt tie& 7 r~' + 1~~_ Vii.- ~ .z • ~ j 13 4 , r I Ft p ~ I 4; +s 44 :Tr"[[ 4 Y. - Yt I _ T" J 4~•' ~ ~s,{Ft f !t, p-4 r i ~i ~4!'~ t; i~, ~ ~!1' ~ t h~IEP' i j f I I t 9. f E p !'4n ~ F ~ { 1'~ .~f4 r~~l~ 4 y` ~ iTj` 'j ',~;:~ri cr• 1"~ l~ ~ 1 4 ~P.i ix~. r "y~ i 1..~ V-' ~ ~ka~ 4 11 If.~ a~" S• ,,~u- + - - I FF4y ~~{{rry~1 1 o f I P3 Zr l 1 ~ -~i-, y~/.7~ , "T • -k, P,y p i 4 3 ~ ,:S - t Is , ~ ~ 1 _ ' I~.r viti-kf~ h f~ 1 rte - rar . Page 51 I Wildfire Hazard Zone Evaluation 2014 Fire Station 2 Area This area is mostly dense residential with commercial shopping centers on the east and west ends. Fuel density is reduced a little as these areas are taken into account. Fuel model 5 and 6 are again found in the residential areas and along the creek that parallels Clay Street. There is also a notable amount of dry grass (fuel model 1) bordering the railroad tracks and area near Bimart. Hazard Factor Hazard Value Vegetation density (Fuel Distribution): Total acreage: 242.41 2 Solid vegetation: 16.5 acres Improved area: 225.91 acres % of solid vegetation: 6.81% Vegetation in improved area: 20% Total approximate vegetation: 25.45% Vegetation type (fuel model) Most prominent fuel models are type 1 (3 points) and type 5 (1 point). Since these models are evenly dispersed and mixed together, a total point value of 2 is the most accurate. 2 Weather: Jackson County 3 Slope (Topography): 3-7% 1 Total Hazard Rating 8 Meets wildfire hazard zone requirements? Yes - - - Page 52 Wildfire Hazard Zone Evaluation 2014 Fire Station 2 Area Sim IW Y _ r r lz ~ a Photo A 66~~ Photo B YA66-- r dry • Photo C Photo D Page 53 Wildfire Hazard Zone Evaluation 2014 Fire Station 2 Area •K f Ifl''•' 4'M1,• s r b~,+.t..-_ 3 v'[•• y ,:,''mI ~j ~~u,e P`s5~~ ir~ ',y#' tip••r- ~r~jM~~ _ r 1 T ' _ Y A11..~ g''~ty l of (p a b IL rY . I iY ~TP.s• I r 'it• ~ - 1~1 R ~ ' fit'' 1 - S 3 I _ f 11t+ Y-~~Jis'' ,v~r a~ '►T; o~ °IM~{~rt_4."•y' ~ I~ ..~,rrw~,,~ d4.4~ C' J A„ ! r 4 3F 1 ilk :i 40 ~.x T!~ IV L'I ~ i j + ''Ti ~•i• p •,e 711 } .•itY,ty~p.. ~ t~ a 4. ~p~~p". r t•~'~Ti ,~rV- r I Y• 4~-~i' 41 1,1L °Tr F '4 ! ~T . rr~xr 1 _ I ' 9'r•R ~ ' J 'mot 1. i Q w 1~ r+- I ' I L' - • ~R ..r RI~„r.: f` ::w.' }1t~- . i J a ~y i 7-~iS ~_.~(qrt C.' r1ib r°r ~I t I{' ..t T 16 ;~q .ly 1 • I jj- j j. J~II++~ Y r r ~ ~ r. 1 !r- 9L ~rliR , LI Page 54 - - - - - I Wildfire Hazard Zone Evaluation 2014 YMCA Area This area is represented by an even blend of residential and open field. Several grass fields fall just outside of the city boundaries and are not represented in these numbers. The fuel density on improved areas is also heavily diluted due to the soccer fields and commercial areas around the YMCA. Hazard Factor Hazard Value Vegetation density (Fuel Distribution): Total acreage: 114.77 2 Solid vegetation: 16.56 acres Improved area: 98.21 acres % of solid vegetation: 14.43% Vegetation in improved area: 15% Total approximate vegetation: 27.26% Vegetation type (fuel model) Most prominent fuel models are type 1 (3 points) and type 5 (1 point). Since these models are evenly dispersed and mixed together, a total point value of 2 is the most accurate. 2 Weather: Jackson County 3 Slope (Topography): 3-7% 1 Total Hazard Rating 8 Meets wildfire hazard zone requirements? Yes Page 55 Wildfire Hazard Zone Evaluation 2014 YMCA Area I -Am M -A _j r _ Photo A Photo B s t}' IBS a., . t ~o ^ ' i Photo C Photo D Page 56 I Wildfire Hazard Zone Evaluations 2014 YMCA Area ppr- s yip, 3, SAP I ff rY.4.e ,.1r "!f 1I ! _ :s y f 1! 1 I, ~tI e~ I~"~ ,14~{~*vfz~ a~rR,, LL L~ • A:;~ I ~ }ti. Irls +'i r _ 1 111 - ~y;~:.... _ ~11 T4 40 - i V, MT! 11 Kim! j. 4 is 1 t p1 N ! . R~ ~J 11 e. 1 . ~ ~ ~ I s A4r F . 14, Igo- zrs t !I ! 11 I .~el. jog ' m 1~ l +t ]boo ~I 'I~~T. FJ I I 1 ~ ~~T,' ~ , ..7r • f~:. 1 I ° - - - - - Page 57 I Wildfire Hazard Zone Evaluation 2014 Conclusion This evaluation of Ashland's wildland urban interface fire vulnerability utilized the criteria cited in the Oregon Administrative Rules for Wildfire Hazard Zone determination. We were able to take advantage of technology and produce accurate average slope calculations for Hazard Factor 2, topography. GIS data was also helpful in calculating fuel distribution in the zones, a task that had been quite difficult before GIS technology. Ashland has a wide variety of topographies and fuel models though all zones scored seven or higher, qualifying as a wildfire hazard zone under Oregon Administrative Rules. A summary of the zone scores are as follows: IIospital Area 10 Strawberry Area I 1 Reservoir Area 12 Terrace Area 10 University Hillside Area 10 Beswick to Roca Canyon Area 9 South Clay Area 9 Oak Knoll Area 8 Airport Area 8 Mistletoe Area 9 Quiet Village Area 8 North Mountain Area 10 Railroad Area 7 SOU Track Area 7 Fire Station 2 Area 8 YMCA Area 8 Average Score 9 Two of the zones evaluated scored a seven and arb ably present less of a fire and fire spread threat than other zones, however there are pockets of higher hazard properties within each of these areas. It must be mentioned that the fire behavior in any zone is but one concern. The spread of fire by windborne fire brands is of an equal or greater concern. The largest structure loss fire in Ashland history, the Oak Knoll Fire, occurred in a zone with a score of eight. The fire f irc 13raird Migration I'o;t-firs Oai<Knoll N, i-ilhol'hood Page 58 Wildfire Hazard Zone Evaluation 2014 was started from a flying fire brand originating from the Mistletoe zone, having a score of nine, over 1400 feet away. u t ' Ktl' w s ` Fire . E- Il`.M1 . Oak Knoll Fire 2010 One of the main components of the fire suppression strategy for Ashland is keeping a city- sourced fire out of the Ashland Creek Watershed as well as keeping a watershed fire from spreading into the community. Both scenarios have been studied extensively and significant efforts are underway to reduce and manage the fuel loading in the watershed. Along with the Ashland Forest Resiliency Stewardship project, the City manages the fuels on city-owned lands in the watershed and partners with private owners on fuel reduction. Very detailed prescriptions have been developed that define the treatment of the fuels in the watershed to minimize the potential of an extreme fire behavior wildfire that could not only compromise the City's water supply, but threaten city structures as well. Wildlands can be forests, brush, or grass. Homes can be a cabin in the woods or residential neighborhoods. The highest losses of lives and homes occur when wildland fires burn into dense neighborhoods like past fires in Oakland (1991), San Diego County (2003), and South Lake Tahoe (2007). Ashland is most similar to these communities in vegetation types, home density, and weather. It is recommended that the Wildfire Hazard Zone be increased to include all of the City of Ashland. Doing so will enhance several elements of the fire safety strategy of the city. The City will be able to regulate roof coverings to those appropriate for a community adjacent to and containing wildland fuels. Currently flammable wood product roof coverings are allowed outside of the wildfire hazard zone. The City will also be able to regulate landscape profiles for new construction that lend themselves to a low intensity fire behavior with far less spread potential. Currently vegetation that produces severe fire behavior and spread such as juniper, cypress, blackberries, and arbor vitae are allowed unrestricted outside of the wildfire hazard Page 59 Wildfire Hazard Zone Evaluation 2014 zone. Both roof coverings and hazardous landscape fuels were a major factor in the destruction of 11 homes in the Oak Knoll fire. Properties in wildfire zones are often the only ones that qualify for hazardous fuel mitigation grants that are developed. Expanding the zone would allow more properties to apply for grant funds to help with fuels reduction and creating defensible spaces. The suggested expansion of Ashland's Wildfire Hazard Zone to include the entire city has been approved by the Oregon Department of Forestry and is recommended by the local Division Chief of the United States Forest Service. This expansion will be a major step in achieving an improved fire safety profile for the City of Ashland. Page 60 Wildfire Hazard Zone Evaluation 2014 Appendix A DEPARTMENT OF FORESTRY DIVISION 44 CRITERIA FOR DETERMINATION OF WILDFIRE: HAZARD ZONES 629-044-0200 Definitions As used in OAR chapter 629, division 044, unless otherwise required by context: (1) "Geographic Area" means the areas which result from the partitioning of all or portions of a jurisdiction into smaller segments, based on the presence of differing hazard values. (2) "Hazard" means the potential to burn. (3) "Hazard Factor" means the factors which most influence the potential of a geographic area to burn. Hazard factors are fire weather, topography, natural vegetative fuels, and natural vegetative fuel distribution. (4) "Hazard Rating" means a cumulative value resulting from the summation of hazard values for all four hazard factors. It reflects the overall potential for a given geographic area to burn. (5) "Hazard Value" means a value assigned to a hazard factor within a geographic area. (6) "Jurisdiction" means a unit of local government authorized by law to adopt a building code or a fire prevention code. (7) "Land Features" means roads, jurisdictional boundaries and other features created by human activity. (8) "Natural Geographic Features" means streams, ridge lines and other features naturally occurring. (9) "Wildfire Hazard Zone" means a geographic area having a combination of hazard factors that result in a significant hazard of catastrophic fire over relatively long periods of each year. Stat. Auth.: ORS 526.016 Stats. Implemented: ORS 93.270 Hist.: FB 2-1996, f. 3-13-96, cert. ef. 4-1-96 629-044-0210 Purpose The purpose of OAR chapter 629, division 044 is to set forth the criteria by which Wildfire Hazard Zones shall be determined by jurisdictions. Such a determination is necessary before the provisions of ORS 93.270(4), portions of the Oregon One and Two Family Dwelling Specialty Code, and portions of the Oregon Structural Specialty Code can become effective. The determination of Wildfire Hazard Zones by jurisdictions is voluntary. Stat. Auth.: ORS 526.016 Stats. Implemented: ORS 93.270 Hist: FB 2-1996, f 3-13-96, cert. e£ 4-1-96 629-044-0220 Wildfire Hazard Zones (1) For the convenience of administration, when practical, a jurisdiction may utilize nearby natural geographic features or land features to delineate the boundaries of Wildfire Hazard Zones. (2) It is not the intent of OAR chapter 629, division 044 that Wildfire Hazard Zones be determined on a tax lot or an ownership specific basis, but rather that a landscape approach be used. (3) To determine the existence of Wildfire Hazard Zones, ajurisdiction shall: (a) Determine, for each hazard factor, the appropriate geographic areas and associated hazard values; then (b) Overlay the geographic areas and associated hazard values determined in subsection (3) (a) above, then determine the resulting composite geographic areas and the associated hazard rating for each composite area. (c) For each composite geographic area determined in subsection (3) (b) above, determine whether a Wildfire Hazard Zone is present from Table 5. - - Page 61 Wildfire Hazard Zone Evaluation 2014 TABLE 5 WILDFIRE HAZARD ZONE Hazard Rating Wildfire Hazard Zone 1, 2, 3, 4, 5, or6--NO 7, 8, 9, 10, 11 or 12 YES Stat. Auth.: ORS 526.016 Stats. Implemented: ORS 93.270 Hist.: FB 2-1996, f. 3-13-96, cert. e£ 4-1-96 629-044-0230 Fire Weather Hazard Factor (1) The reference for establishing the fire weather hazard factor shall be data provided by the Oregon Department of Forestry, which was developed following an analysis of daily fire danger rating indices in each regulated use area of the state. (2) For geographic areas described in Table 1, select the appropriate hazard value from Table 1. TABLE 1 FIRE WEATHER HAZARD FACTOR County Hazard Value Jackson 3 Stat. Auth.: ORS 526.016 Stats. Implemented: ORS 93.270 Hist.: FB 2-1996, f 3-13-96, cert. e£ 4-1-96 629-044-0240 Topography Hazard Factor (1) The reference for establishing the topography hazard factor shall be: (a) The General Soil Map Report published by the Oregon Water Resources Board and the Soil Conservation Service, USDA in 1969; or (b) The appropriate 7.5 minute quadrangle map published by the U.S. Geological Survey, USDI. (2) For geographic areas determined by use of a reference set forth in subsection (1) above, select the appropriate hazard value from Table 2. TABLE 2 TOPOGRAPHY HAZARD FACTOR Map Slope Class Hazard Value 1 (Slopes 00-03%) 0 2 (Slopes 03-07%) 1 3 (Slopes 07-12%) 1 4 (Slopes 12-20%) 2 5 (Slopes 20-35%) 3 6 (Slopes 35-604- 3 Stat. Auth.: ORS 526.016 Stats. Implemented: ORS 93.270 Hist.: FB 2-1996, f. 3-13-96, cert. cf. 4-1-96 629-044-0250 Natural Vegetative Fuel Hazard Factor (1) The reference for establishing the natural vegetative fuel hazard factor shall be the "Aids to Determining Fuel Models For Estimating Fire Behavior" published by the Forest Service, USDA Intermountain Forest and Range Experiment Station in 1982 as General Technical Report INT-122. (2) Using the natural vegetative fuel models described in the reference set forth in subsection(1), and summarized in Table 31 divide the jurisdiction into geographic areas which best describe the natural vegetation expected to occupy sites for the next 10 to 15 years and then select the appropriate hazard value from Table 3. Page 62 k Wildfire Hazard Zone Evaluation 2014 TABLE 3 NATURAL VEGETATIVE FUEL HAZARD FACTOR Natural Vegetative Fuel Description Hazard Value Little or no natural vegetative fuels are present. 0 Grass. Very little shrub or timber is present, generally less than one-third of the area. Main fuel is generally less than two feet in height. Fires are surface fires that move rapidly through cured grass and associated material. (Fuel model 1) --3 Grass. Open shrub lands and pine stands or scrub oak stands that cover one-third to two-thirds of the area. Main fuel is generally less than two feet in height. Fires are surface fires that spread primarily through the fine herbaceous fuels, either- curing or dead. (Fuel model 2) 3 Grass. Beach grasses, prairie grasses, marshland grasses and wild or cultivated grains that have not been harvested. Main fuel is generally less than four feet in height, but considerable variation may occur. Fires are the most intense of the grass group and display high rates of spread under the influence of wind. (Fuel model 3) 3 Shrubs. Stands of mature shrubs have foliage known for its flammability, such as gorse, manzanita and snowberry. Main fuel is generally six feet or more tall. Fires burn with high intensity and spread very rapidly. (Fuel model 4) 3 Shrubs. Young shrubs with little dead material and having foliage not known for its flammability, such as laurel, vine maple and alders. Main fuel is generally three feet tall or less. Fires are generally carried in the surface fuels and are generally not very intense. (Fuel model 5) 1 Shrubs. Older shrubs with foliage having a flammability less than fuel model 4, but more than fuel model 5. Widely spaced juniper and sagebrush are represented by this group. Main fuel is generally less than six feet in height. Fires will drop to the ground at low wind speeds and in stand openings. (Fuel model 6) 2 Timber. Areas of timber with little undergrowth and small amounts of litter buildup. Healthy stands of lodge pole pine, spruce, fir and larch are represented by this group. Fires will burn only under severe weather conditions involving high temperatures, low humidities and high winds. (Fuel model 8) 1 Timber. Areas of timber with more surface litter than fuel model 8. Closed stands of healthy ponderosa pine and white oak are in this fuel model. Spread of fires will be aided by rolling or blowing leaves. (Fuel model 9) 2 Timber. Areas of timber with heavy buildups of ground litter caused by overmaturity or natural events of wind throw or insect infestations. Fires are difficult to control due to large extent of ground fuel. (Fuel model 10) 3 Stat. Auth.: ORS 526.016 Stats. Implemented: ORS 93.270 Hist.: FB 2-1996, f. 3-13-96, cert. ef. 4-1-96 629-044-0260 Natural Vegetative Fuel Distribution Hazard Factor (1) Divide the jurisdiction into geographic areas which best describe the percentage of the area which is occupied by the foliage of natural vegetative fuels. (2) For each geographic area determined in section (1) above, select the appropriate hazard value from Table 4. TABLE 4 NATURAL VEGETATIVE FUEL DISTRIBUTION HAZARD FACTOR Natural Vegetative Fuel Distribution Hazard Value 0 to 10% of the area 0 10 to 25% of the area 1 25 to 40% of the area 2 40 to 100% of the area 3 Stat. Auth.: ORS 526.016 Stats. Implemented: ORS 93.270 Hist.: FB 2-1996, f. 3-13-96, cert. ef. 4-1-96 Page 63 Wildfire Hazard Zone Evaluation 2014 Appendix B 2010 Oregon Fire Code 304.1.2 Requires compliance with the vegetation requirements of the Wildland Urban Interface Code 304.1 Waste accumulation prohibited. Combustible waste material creating a fire hazard shall not be allowed to accumulate in buildings or structures or upon premises. 304.1.1 Waste material. Accumulations of wastepaper, wood, hay, straw, weeds, litter or combustible or flammable waste or rubbish of any type shall not be permitted to remain on a roof or in any court, yard, vacant lot, alley, parking lot, open space, or beneath a grandstand, bleacher, pier, wharf or other similar structure. 304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements in urban-wildland interface areas shall be in accordance with the International Wildland-Urban Interface Code. 2012 Wildland Urban Interface Code 603 & 604 • Defensible space required 30-100 feet depending on the hazard determination • Tree spacing crown-to-crown and crown-to-structure is not less than 10 feet • Domestic vegetation is required to meet the same requirements • Maintenance of the above is required Ashland Municipal Code 18.16 R-R Rural Residential District 18.16.030 Conditional uses. Accessory Residential Units in Rural Residential Zoning are required to install residential fire sprinkler systems. 18.62.090 Development Standards for Wildfire Lands Land partition or subdivision of lots requires: Fire Prevention & Control Plan which includes: • An analysis of the fire hazards on the site from wildfire, as influenced by existing vegetation and topography. Page 64 Wildfire Hazard Zone Evaluation 2014 • A map showing the areas that are to be cleared of dead, dying, or severely diseased vegetation. • A map of the areas that are to be thinned to reduce the interlocking canopy of trees. • A tree management plan showing the location of all trees that are to be preserved and removed on each lot. In the case of heavily forested parcels, only trees scheduled for removal shall be shown. • The areas of Primary and Secondary Fuel Breaks that are required to be installed around each structure, as required by 18.62.090 B (see below) • Roads and driveways sufficient for emergency vehicle access and fire suppression activities, including the slope of all roads and driveways within the Wildfire Lands area. • Required to be implemented then inspected by fire department prior to issuance of building permit. • Maintenance shall be included in CCR's New construction and increases in building size requires the following. This is also required for all partitions: "Fuel breaks" are required and are defined as: • Area which is free of dead or dying vegetation • Native, fast-burning species sufficiently thinned so that there is no interlocking canopy of this type of vegetation. • Where necessary for erosion control or aesthetic purposes, the fuel break may be planted in slow-burning species. • "Fuel Breaks" may include structures, and shall not limit distance between structures and residences beyond that required by other sections of this title. Primary Fuel Break • A minimum of 30 feet, or to the property line, whichever is less, in all directions around structures, excluding fences, on the property. • The goal within this area is to remove ground cover that will produce flame lengths in excess of one foot. • Such a fuel break shall be increased by ten feet for each 10% increase in slope over 10%. Adjacent property owners are encouraged to cooperate on the development of primary fuel breaks. Secondary Fuel Break • A secondary fuel break will be installed, maintained and shall extend a minimum of 100 feet beyond the primary fuel break where surrounding landscape is owned and under the control of the property owner during construction. • The goal of the secondary fuel break is to reduce fuels so that the overall intensity of any wildfire is reduced through fuels control. • Class B or better roofing wood materials not permitted Page 65 Wildfire Hazard Zone Evaluation 2014 • Implemented prior to combustible construction Accessory Residential Units in Rural Residential Zoning are required to install residential fire sprinkler systems. 2010 Oregon Residential Specialty Code Section 324 - Wildfire Hazard Mitigation Dwellings and accessory structures • Roof shall be asphalt shingles, slate shingles, metal roofing, tile, clay or concrete shingles or other roofing equivalent to a Class C rated roof covering. Untreated wood shingle and shakes are not permitted. • When 50% or more of the roof covering is repaired or replaced within one year, it must meet this requirements and attic ventilation is required to comply with this code with opening protected with wire mesh. Page 66 - I I Wildfire Hazard Zone Evaluation 2014 REFERENCED CODES Oregon Fire Code SECTION 603 DEFENSIBLE SPACE 603.1 Objective. Provisions of this section are intended to modify the fuel load in areas adjacent to structures to create a defensible space. 603.2 Fuel modification. Buildings or structures, constructed in compliance with the conforming defensible space category of Table 503. 1, shall comply with the fuel modification distances contained in Table 603.2. For all other purposes the fuel modification distance shall not be less than 30 feet (9144 mm) or to the lot line, whichever is less. Distances specified in Table 603.2 shall be measured on a horizontal plane from the perimeter or projection of the building or structure as shown in Figure 603.2. Distances specified in Table 603.2 are allowed to be increased by the code official because of a site-specific analysis based on local conditions and the fire protection plan. TABLE 603.2 REQUIRED DEFENSIBLE SPACE 603.2.1 Responsible party. Persons owning, leasing, controlling, operating or maintaining buildings or strictures requiring defensible spaces are responsible for modifying or removing nonfire-resistive vegetation on the property owned, leased or controlled by said person. 603.2.2 Trees. Trees are allowed within the defensible space, provided the horizontal distance between crowns of adjacent trees and crowns of trees and structures, overhead electrical facilities or unmodified fuel is not less than 10 feet (3048 mm). WILDLAND-URBAN INTERFACE AREA FUEL MODIFICATION DISTANCE Moderate hazard 30 High hazard 50 Extreme hazard 100 - Page 67 - - Wildfire Hazard Zone Evaluation 2014 FIGURE 603.2 MEASUREMENTS OF 603.2.3 Groundcover. Deadwood and litter shall be regularly removed from trees. Where ornamental vegetative fuels or cultivated ground cover, such as green grass, ivy, succulents or similar plants are used as ground cover, they are allowed to be within the designated defensible space, provided they do not form a means of transmitting fire from the native growth to any structure. SECTION 604 MAINTENANCE OF DEFENSIBLE SPACE 604.1 General. Defensible spaces required by Section 603 shall be maintained in accordance with Section 604. 604.2 Modified area. Nonfire-resistive vegetation or growth shall be kept clear of buildings or structures, in accordance with Section 603, in such a manner as to provide a clear area for fire suppression operations. 604.3 Responsibility. Persons owning, leasing, controlling, operating or maintaining buildings or structures are responsible for maintenance of defensible spaces. Maintenance of the defensible space shall include modifying or removing nonfire- resistive vegetation and keeping leaves, needles and other dead vegetative material regularly removed from roofs of buildings and structures. 604.4 Trees. Tree crowns extending to within 10 feet (3048 mm) of any structure shall be pruned to maintain a minimum horizontal clearance of 10 feet (3048 mm). Tree crowns within the defensible space shall be pruned to remove limbs located less than 6 feet (1829 mm) above the ground surface adjacent to the trees. 604.4.1 Chimney clearance. Portions of tree crowns that extend to within 10 feet (3048 mm) of the outlet of a chimney shall be pruned to maintain a minimum horizontal clearance of 10 feet (3048 mm). 604.4.2 Deadwood removed. Deadwood and litter shall be regularly removed from trees. - Page 68 - - - - - Wildfire Hazard Zone Evaluation 2014 Ashland Municipal Code 18.62.090 Development Standards for Wildfire Lands A. Requirements for Subdivisions, Performance Standards Developments, or Partitions. 1. 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, or application to partition land which contained areas designated Wildfire Hazard areas. 2. The Staff Advisor shall forward the Fire Prevention and Control Plan to the Fire Chief within 3 days of the receipt of a completed application. The Fire Chief shall review the Fire Prevention and Control Plan, and submit a written report to the Staff Advisor no less than 7 days before the scheduled hearing. The Fire Chiefs report shall be a part of the record of the Planning Action. 3. The Fire Prevention and Control Plan, prepared at the same scale as the development plans, shall include the following items: a. An analysis of the fire hazards on the site from wildfire, as influenced by existing vegetation and topography. b. A map showing the areas that are to be cleared of dead, dying, or severely diseased vegetation. c. A map of the areas that are to be thinned to reduce the interlocking canopy of trees. d. A tree management plan showing the location of all trees that are to be preserved and removed on each lot. In the case of heavily forested parcels, only trees scheduled for removal shall be shown. e. The areas of Primary and Secondary Fuel Breaks that are required to be installed around each structure, as required by 18.62.090 B. f. Roads and driveways sufficient for emergency vehicle access and fire suppression activities, including the slope of all roads and driveways within the Wildfire Lands area. 4. Criterion for Approval. The hearing authority shall approve the Fire Prevention and Control Plan when, in addition to the findings required by this chapter, the additional finding is made that the wildfire hazards present on the property have been reduced to a reasonable degree, balanced with the need to preserve and/or plant a sufficient number of trees and plants for erosion prevention, wildlife habitat, and aesthetics. 5. The hearing authority may require, through the imposition of conditions attached to the approval, the following requirements as deemed appropriate for the development of the property: a. Delineation of areas of heavy vegetation to be thinned and a formal plan for such thinning. b. Clearing of sufficient vegetation to reduce fuel load. c. Removal of all dead and dying trees. d. Relocation of structures and roads to reduce the risks of wildfire and improve the chances of successful fire suppression. 6. The Fire Prevention and Control Plan shall be implemented during the public improvements required of a subdivision or Performance Standards Development, and shall be considered part of the subdivider's obligations for land development. The Plan shall be implemented prior to the issuance of any building permit for structures to be located on lots created by partitions and for subdivisions or Performance Standards Page 69 Wildfire Hazard Zone Evaluation 2014 developments not requiring public improvements. The Fire Chief, 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 Chief has given written notice to the Staff Advisor that the Plan was completed as approved by the hearing authority. 7. In subdivisions or Performance Standards Developments, provisions for the maintenance of the Fire Prevention and Control Plan shall be included in the covenants, conditions and restrictions for the development, and the City of Ashland shall be named as a beneficiary of such covenants, restrictions, and conditions. 8. On lots created by partitions, the property owner shall be responsible for maintaining the property in accord with the requirements of the Fire Prevention and Control Plan approved by the hearing authority. B. Requirements for construction of all structures. 1. All new construction and any construction expanding the size of an existing structure, shall have a "fuel break" as defined below. 2. A "fuel break" is defined as an area which is free of dead or dying vegetation, and has native, fast-burning species sufficiently thinned so that there is no interlocking canopy of this type of vegetation. Where necessary for erosion control or aesthetic purposes, the fuel break may be planted in slow-burning species. Establishment of a fuel break does not involve stripping the ground of all native vegetation. "Fuel Breaks" may include structures, and shall not limit distance between structures and residences beyond that required by other sections of this title. 3. Primary Fuel Break - A primary fuel break will be installed, maintained and shall extend a minimum of 30 feet, or to the property line, whichever is less, in all directions around structures, excluding fences, on the property. The goal within this area is to remove ground cover that will produce flame lengths in excess of one foot. Such a fuel break shall be increased by ten feet for each 10% increase in slope over 10%. Adjacent property owners are encouraged to cooperate on the development of primary fuel breaks. 4. Secondary Fuel Break - A secondary fuel break will be installed, maintained and shall extend a minimum of 100 feet beyond the primary fuel break where surrounding landscape is owned and under the control of the property owner during construction. The goal of the secondary fuel break is to reduce fuels so that the overall intensity of any wildfire is reduced through fuels control. 5. All structures shall be constructed or re-roofed with Class B or better non-wood roof coverings, as determined by the Oregon Structural Specialty Code. All re-roofing of existing structures in the Wildfire Lands area for which at least 50% of the roofing area requires re-roofing shall be done under approval of a zoning permit. No structure shall be constructed or re-roofed with wooden shingles, shakes, wood-product material or other combustible roofing material, as defined in the City's building code. C. Fuel breaks in areas which are also Erosive or Slope Failure Lands shalt be included in the erosion control measures outlined in section t8.62.080. D. Implementation. 1. For land which have been subdivided and required to comply with A. (6) above, all requirements of the Plan shall be complied with prior to the commencement of construction with combustible materials. Page 70 Wildfire Hazard Zone Evaluation 2014 2. For all other structures, the vegetation control requirements of section (B) above shall be complied with before the commencement of construction with combustible materials on the lot. (Ord. 2657, 1991) 3. As of November 1, 1994, existing residences in subdivisions developed outside of the Wildfire Lands Zone, but later included due to amendments to the zone boundaries shall be exempt from the requirements of this zone, with the exception of section 18.62.090 B.S. above. All new residences shall comply with all standards for new construction in section 18.62.090 B. 4. Subdivisions developed outside of the wildfire lands zone prior to November 1, 1994, but later included as part of the zone boundary amendment, shall not be required to prepare or implement Fire Prevention and Control Plans outlined in section 18.62.090 A. (Ord 2747, 1994) - - Page 71 Oro EMT IR67M To: Margueritte Hickman, Chris Chambers, Alison Lerch (City of Ashland, Fire & Rescue) Brandon Goldman (City of Ashland, Planning Division) From: Community Planning Assistance for Wildfire RE: Preliminary Findings and Recommendations to the Draft Development Standards for Wildfire Lands and Draft Fuel Break and Prohibited Plant List Date: January 10, 2017 Overview The City of Ashland is currently engaged with the Community Planning Assistance for Wildfire (CPAW) program to receive focused technical planning assistance to address the growing threat of wildfire to the City of Ashland. As part of this process, CPAW team members Molly Mowery and Kelly Johnston reviewed key draft planning documents under consideration by the City, including the Draft Development Standards for Wildfire Lands (Section 18.3.10.100, dated February 23, 2016), and the Draft Resolution Adopting the City of Ashland Fuel Break and Prohibited Plant List. This memo provides preliminary findings and recommendations for consideration by the City's planning division and fire department staff. These findings are intended to facilitate additional discussion; any final recommendations to the City will be based on further discussion and information obtained during an anticipated site visit. For questions regarding this memo, contact: Molly Mowery, Wildfire Planning International, molly@wildfireplanning.com, 303-358-9589. Preliminary Findings and Recommendations 18.3.10.100 A. Requirements for Subdivisions, Performance Standards Developments, Site Design Review or Partitions A.3.e. It may not be necessary to show the location and dimensions of all structures upon adjoining properties located within 30 ft. of a shared property line in cases where lot sizes are large enough to have an independent defensible space. Instead, we recommend requiring Fire Prevention and Control Plans to show the location and dimensions of all structures within 30 ft. from the primary structure (including accessory structures and structures on neighboring lots within 30 ft.). A.3.d.vii. The term "heavily forested" seems open for broad interpretation that may cause some confusion. The City should consider setting thresholds that define this term in the document. Alternatively, the City should consider retaining the current definitions of "primary zone" and " secondary zone" by applying subsections 3.d.i to 3.d.vii. to the "primary zone," and reframing subsection 3.d.viii to substitute the term "secondary zone" for "heavily forested". This option allows for an assessment and plan development by a qualified professional which can account for ecosystem and other objectives on large tracts of land. CPAW - Memo of Preliminary Findings and Recommendations to the City of Ashland - January 10, 2017 Pane 1 B. Requirements for Construction of All Structures B.1. Although "Fuel break" as defined by the City, and consistent with the National Wildfire Coordinating Group's (NWCG) definition, is a completely acceptable term, it may not be the most appropriate term for these development standards. "Fuel break" may be interpreted by the public as significant vegetation removal, creating the image of a substantial visual "break" in vegetation. Considering the public's desire to retain trees, along with the "lighter" approach regarding removal, we recommend using a softer term, such as ""Fuel Treatment Area" or the synonym "Fuel Modification Area", in which both are defined by the NWCG as "Manipulation or removal of fuels to reduce the likelihood of ignition and/or to lessen potential damage and resistance to control (e.g., lopping, chipping, crushing, piling and burning)." B.La. The City should consider not including a 200 sq. ft. threshold regarding new construction, additions and conversions, as any addition or new structure within 30 ft. is a hazard to the primary structure, unless tntttbated. Alternatively, the City should retain the proposed language, but consider additional language requiring a structure less than 200 sq. ft. be constructed to fire resistant standards, including ignition resistant siding and Class B or better roofing and a horizontal combustible material free zone of five ft. from the furthest horizontal extension of the structure. This will minimize the impact of the new structure contributing to the current fuel complex hazard. B.2. General Fuel Break Requirements. Again, we agree with this definition of a fuel break, but are not confident that the current allowances for vegetation retention will result in the creation of fuel breaks. We therefore recommend using the term "Fuel Treatment Area" or the synonym "Fuel Modification Area", in which both are defined by the NWCG as "Manipulation or removal of fuels to reduce the likelihood of ignition and/or to lessen potential damage and resistance to control (e.g., lopping, chipping, crushing, piling and burning)." B.2.a. Consider expanding this provision to include exceptions outside of water resource protection areas for cases when a dead or dying tree can provide ecological benefits. For example: "All standing dead and dying vegetation shall be removed from the property, except when approved to be considered ecologically beneficial." B.2.b. In general, we recommend the City add an "Acceptable Plant List" to the current " DRAFT Fuel Break Prohibited Plant List". This will not only provide positive guidance, but will also prevent the use of plants and trees that may have been inadvertently overlooked on the "Fuel Modification Prohibited Plant List". We also recommend that all existing vegetation within five ft. of a structure be removed (measured between the furthest horizontal extension of the structure and the closest horizontal extension of the plant). This is based on current wildfire ignition science' which establishes minimum distances for vegetation bordering a structure, including attachments. If compromises ' This is based on scientific experiments and case studies conducted by National Institute of Science and Technology, USDA Forest Service and Insurance Institute of Business and Home Safety. CPAW - Memo of Preliminary Findings and Recommendations to the City of Ashland -January 10, 2017 Page 2 are made to reduce this distance, we recommend that the City consider retaining a five ft. non- combustible surface, while allowing "Fire-resistant" plants (or plants identified on the proposed "Acceptable Plant List") to be no closer than three ft. from the closest part of the structure, if siding is "ignition-resistant" or "non-combustible" (meeting testing standards) from grade to eaves (see B.2.c below). B.2.c. We recommend the City consistently use the term "ignition-resistant," when referencing construction materials, to align with common definitions and provide definable thresholds (meeting testing requirements) on the products that are being used. As recommended above, we also suggest that the City consider expanding the three ft. border to a five ft. non-combustible border. Again, if compromises are made to reduce this distance, we recommend that the City consider retaining the five ft. non-combustible surface, while allowing "Fire-resistant" plants (or plants identified on the proposed "Acceptable Plant List") to be no closer than three ft. from the closest part of the structure, if siding is "ignition-resistant" or "non-combustible". We also recommend the City consider requiring the removal, or not allowing the placement, of any shrubs within five ft. of windows and the removal of any "Prohibited" plants, shrubs and trees that are within 30 ft. of a window. Finally, the City should consider requiring the removal of "Prohibited" trees that are within 30 ft. of a window, unless it is a Significant tree, and/or can be pruned so that the crown base is five ft. above the roof deck. B.2.d. We recommend the City consider adjusting language to require existing "Prohibited" trees within 30 ft. of the structure be removed, with exceptions of those that are significant trees, or where siding is "ignition-resistant" or "non-combustible". In the case of the exceptions, we recommend that all retained "Prohibited" trees within 30 ft. be pruned to a minimum of five ft. above the roof deck or 1/3 of the tree height, whichever is less. B.2.e. We recommend the City consider changing this distance to a relative distance of "one crown width" between trees at mature size. This provides a simple relative distance based on the crown size and fuel loading (i.e., crown bulk density) and therefore a relative distance to mitigate potential radiant heat energy and flame length produced by the individual crown. We further recommend that the City consider as similar approach for subsection B.2.e.i., where a group of trees is considered "one crown" and therefore a distance of "one crown width" applies to the group. B.2.n. The rationale behind this provision is unclear in the text. Is there additional information to add to support the distance of 130 ft.? This may be helpful to further clarify. B.3.Roofing. What are the requirements if the roof replacement does not occur within the five year timeframe (i.e., exceeds the five year period stated in the provision)? This may be helpful to further clarify. CPAW -Memo of Preliminary Findings and Recommendations to the City of Ashland -January 10, 2017 Page 3 L Best Practices Compilation for Ashland, Oregon: Community Programs and Implementation Practices Across the West ,c 4 )a1 ~ +k 1 c 1V Ai , , F { q 41 s{ R e 4~fy_ 'Y _ .yxe ry'e' -A. Aa N- ?may ~fi ,y-. ..Z ~ N 333 ? INS 17 A l: is J64 -4 April 2017 Overview This document provides the City of Ashland with best practices from across the west. Community examples highlight successful mitigation programs, landscaping codes, WUI codes professional qualifications, which may assist in the City's implementation of future regulations and related activities. Additional community examples are also available through the Community Planning Assistance for Wildfire website. Case Studies on WUI Code Adoption Process Wenatchee, Washington In 2015, the City of Wenatchee experienced the Sleepy Hollow fire, which burned 30 homes on the outskirts of town (due to direct flame impingement and embers) and multiple commercial warehouses in the urban downtown core (due to the transportation of embers from the burning structures). As part of the Fire Code, the City has a WUI Standard in place. The WUI Standard does delineate the City into two distinct zones, however, the standard does not fully capture the set of conditions that promotes the ignition and spread of fire through the WUI fuel complex (wildland and built fuels). Wenatchee's current designation for the WUI is below: 3.36.010 Wildland-Urban Interface Zone Designation "The code official shall have final authority in determining which properties shall be affected by the WUI zone designation. The determination shall be made based on the property's location and exposure to large tracts of natural vegetation. Property and structures immediately adjacent to undeveloped land with natural vegetation without fuel breaks establish the interface line or primary zone and are subject to all of the provisions of this chapter. Property and structures located to the east, or the developed side, of the primary zone and within 1,500 feet of the interface line are included in the secondary zone." (Ord. 2011-13 § 1) While this designation delineates boundaries for enforcement within the WUI, it does not capture the true scope of the City's risk to wildfire. Taking previous fire experiences and risk information into account, the Community Planning Assistance for Wildfire (CPAW) team worked with the City to provide recommendations to improve its WUI approach. Included in the final recommendations was a priority recommendation for the City to redefine the WUI and implement a WUI risk assessment program (currently in the implementation stages) to better prepare for potential wildfire impacts in Wenatchee. As part of this, the CPAW team recommended that the entire City be identified as the WUI, with a re-defined Primary and Secondary Zone. The most stringent WUI Standards are recommended to apply to the Primary Zone, where structures will be potential exposed to radiant and convective heat transfer, as well as burning airborne embers. Less stringent standards are recommended to apply to the Secondary Zone, where structures are potentially exposed to localized radiant and convective heat, as well as short, medium and long range burning embers. (The final report on CPAW's recommendations to Wenatchee can be downloaded here.) Within the currently adopted Fire Code WUI Standards (3.36.160), Wenatchee provides the definition of defensible space, outlines the responsibilities of the land owner, and references the ICC International WUI Code and the NFPA 1144, Standard for Reducing Structure Ignition CPAW Community Best Practices for Ashland - April 2017 - Page I Hazards from Wildland Fire. The Code provides characteristics of fire resistant vegetation according to the Firewise website. The descriptions from the Wenatchee WUI Standards are listed below (note: CPAW also provided recommendations to this section; current language may change based on future revisions): (1) Growth with little or no accumulation of dead vegetation (either on the ground or standing upright. Although green, both juniper shrubs and arborvitae accumulate large amounts of dead material). (2) Nonresinous plants (willow, poplar or tulip trees). (3) Low volume of total vegetation (for example, a grass area as opposed to a forest or shrub-covered land). (4) Plants with high live fiiel moisture (plants that contain a large amount of water in comparison to their dry weight). (5) Drought-tolerant plants (deeply rooted plants with thick, heavy leaves). (6) Stands without ladder fuels (plants without small, fine branches and limbs between the ground and the canopy of overtopping shrubs and trees). (7) Plants requiring little maintenance (slow-growing plants that, when maintained, require little care). (8) Plants with woody stems and branches that require prolonged heating to ignite. For reference on specific plants and their characteristics, see http://firewise.org. (Ord. 2011-13 § 1) Flagstaff, Arizona Located in a Ponderosa Pine forest, Flagstaff Arizona is subject to and familiar with wildland fires and the potential impacts on its community. Following a 1996 fire season, City leaders took action to mitigate against wildfire. Following ten years of education and various programs, the City adopted the WUI code in 2008. The code development and adoption success was a result of a two year public outreach process that familiarized the local stakeholders and residents with wildfire risk reduction measures. The City produced a Wildland-Urban Interface Code Adoption: How to avoid the akonv document to illustrate the community's approach for adopting the International Fire Code and Wildland Urban Interface Code. Flagstaff also had steep slope and natural resource protection ordinances in place as part of a Resource Protection Overlay Zone. When the WUI code was adopted, language in the planning and zoning documents clearly identified the WUI code to supersede the resource protection documents as identified in Flagstaff `s Resource Protection Standards (10-50-90). Additional Information on the Resource Protection Standards is in the City's Resource Protection Standards Appendix 5 (Additional Information). CPAW Community Bcst Practiccs for Ashland -April 2017 - Page 2 I Home Ignition Zone: Incentivizing Property Mitigation Communities seeking to implement WUI codes and regulations often struggle with how to address existing development. Combining regulatory and voluntary approaches can help address this challenge by offering programs which incentivize defensible space and home retrofits. Two Colorado counties serve as examples: the REALFire program (Eagle County, CO) and the Wildfire Partners program (Boulder County, CO). Both counties have implemented regulations for future development in concert with voluntary programs which incentivize risk reduction practices and provide valuable homeowner education. Programs partner with fire departments, fire districts and other local stakeholders and private organizations to offer property assessments. Each program utilizes the "home ignition zone" concept, introduced by Dr. Jack Cohen (USFS), and further incorporate science from in the Insurance Institute for Business and Home Safety (IBHS) to provide the following: • An in-depth assessment of a home, property, and accessory structures and other attachments performed by a trained mitigation specialist. • Landscaping guidance based on the Colorado State Forest!y Service Firewise Guidelines. • A detailed and customized report, including a mitigation checklist to guide the homeowner's mitigation actions. • A follow up site visit to verify completion of work. • A certificate to acknowledge successful completion, which may also be shared with insurance providers to secure or renew coverage. Each program also takes advantage of the $2,500 tax deduction available for Colorado homeowners creating defensible space. Eagle County, CO Existing Regulations for New Construction Regulations in Eagle County are meant to reduce risk, provide a set of strategies to help minimize impact to adjoining properties, and provide firefighter access when wildfires do occur. When possible, development in high-risk locations is avoided altogether. Eagle County's land use regulations include a section for Development in Areas Subject to Wildfire Hazards in the Eagle County (Section 4-430). This section is applicable to any application for a Special Use Permit, Subdivision or Planned Unit Development. It requires the submittal of a vegetation management plan, and includes detailed language on plan requirements, procedure and standards. The County's development standards require: • A wildfire hazard rating for a plat before any building permit is issued. • A Vegetation Management Plan for new development be generated by a natural resource professional. • Fire resistant materials for interior walls and ceilings with a one hour rating (e.g., 5/8" thick gypsum board) along with a non-combustible exterior such as brick or mortar. • Adequate defensible space around the structure. • A water supply and access plan identifying adequate turn arounds and dual point access in new developments. CPAW Community Best Practices for Ashland - April 2017 - Page 3 AfthhZI, REALFire® Program The REALFire® program was established by the Vail Board of Realtors® and Eagle County, Colorado. It uniquely engages Realtors in local wildfire risk reduction efforts by engaging their support and expertise in marketing and outreach with local members and other Realtors associations. Eagle County provides assessment data, program coordination and outreach with local fire protection districts. A home assessment app has also been generated based on home ignition zone best practices, which automatically generates a full property assessment report. Each completed assessment is automatically stored in a database for easy access and management of collected information. The program is funded through Eagle County, Vail Board of Realtors, several Homeowner Associations, and state and federal grants. Assessments were initially offered at $50 and will be offered at no cost during the 2017 calendar year. Homeowners who successfully complete their wildfire mitigation activities can obtain a wildfire certificate for their individual properties. This certification can be used to enhance real estate transactions by reassuring prospective buyers that wildfire risk reduction has been achieved. More information is available on the REALFire® website. Boulder County, CO Existing Regulations for New Construction In response to multiple wildfires affecting the Boulder County community, the County surveyed and mapped the WUl area to identify the extent of the wildfire hazard (further explanation found in the County CWPP Pg.65). Over the course of several decades, the County initiated and revised development regulations for new development in the identified WUI hazard area to address: • Defensible space practices for all new development • Building material restrictions including roofing, siding, walls, and windows • Site Development Standards/site plan reviews addressing site location, building construction and design, landscaping/defensible space/fuel management, access and water availability. The County's current Wildfire Mitigation program is administered through the County's Land Use Department. Prior to the issuance of a building or grading permit, a wildfire mitigation plan must be submitted to and approved by a County Wildfire Mitigation Specialist. The wildfire mitigation plan must include a site plan showing the location of structures and other improvements, extent of defensible space management zones, the location of a fire cistern, and a written narrative detailing the site location, construction design and materials, defensible space and forest management, driveway access for emergency vehicles, water supply and maintenance. Prior to a a foundation inspection, the majority of defensible space and forest management must be completed. Wildfire mitigation forms and publications for landowners are easily accessible online, and include guidance on defensible space, landscaping, building with ignition-resistant materials, fire sprinkler approval form, rock installation around structures, woody material disposal, and a wildfire mitigation timcline for the building permit application process. CPAW Community Best Practices for Ashland - April 2017 - Page 4 EMU= Wildfire Partners Program The Boulder County's Wildfire Partners program has been active for three years and has become a template for communities to engage homeowners in the WUI. The program is run completely by Boulder County and, according to the Wildfire Partners Website, "is funded by Boulder County, a $1.5 million grant from the Colorado Department of Natural Resources and a $1.25 million grant from the Federal Emergency Management Agency." These major funding sources have allowed the program to offer reduced assessment rates and financial awards to subsidize work being done by designated contractors or homeowner material costs. Through the partnerships with the insurance companies in the area, receiving a certificate can translate into reductions in insurance premiums and the renewal of insurance policies in wildfire risk areas. More information is available on the Wildfire Partners website. Language on "Qualified Professional" References To support the implementation of mitigation programs, communities may rely on qualified professionals to review, develop or submit plans. Examples include: Larimer County, Colorado Within Larimer County Colorado's Land Use Code, Chapter 8 Standards for All Development, Section 3 Hazard Areas outlines the entire development process in identified hazard zones including professional qualifications, stating: "All maps and reports required by this section must be prepared by or under the responsible direction of a duly qualified expert. Wildfire hazard analysis must be performed by a professional forester with at least two years' experience with wildfire hazards in the Rocky Mountain Region." Boulder County, Colorado In Article 3 Application Submittal Requirements, Section 203 Standards for Submittal Requirements of Boulder County's Land Use Code, necessary professional qualifications and details for hiring consultants are outlined: "B. Professional Qualifications 1. A professional consultant may not be necessary for all applications. Only the following will require professional assistance. a. Improvement plans and reports for water supply, sanitation, drainage, utilities, soils, grading, roads, structures, and other civil engineering work must be certified by a registered Colorado Professional Engineer b. All documents containing land survey descriptions must be certified by a registered Colorado Professional Land Surveyor c. Geology reports shall be prepared by either a member of the American Institute of Professional Geologists, a member of the Association of Engineering Geologists, or an individual registered as a geologist by a state CPAW Community Best Practices for Ashland - April 2017 - Page 5 d. Wildlife impact reports, where required, shall be prepared by an approved wildlife expert retained by the County Parks and Open Space Department and paid for by the applicant 2. All data and plans submitted for review must show the qualifications of the individual in charge of the work. C. Consultants L.If the County does not have qualified staff to review certain elements of a proposal or referral agencies are not able to adequately advise the County regarding certain elements of a proposal, the Board of County Commissioners may authorize the review be performed by a consultant engaged or approved by the Land Use Director after discussion with the applicant. 2. A referral agency may impose a fee for the review of the development proposal. 3. The costs of either review are the responsibility of the applicant. No hearings will be held if the consultants fee has not been paid." CPAW Community Best Practices for Ashland April 2017 Page 6 Appendix A: Additional Examples and Resources for Landscaping Regulations Community Examples Kittitas County, Washington Kittitas County adopts the most current ICC WUI code along with Appendix B Vegetation Management Plan in the Kittitas County Code- Title 20- Fire and Life Safety. The county also designated all unincorporated areas to be within the WUI. Further Explanation of Defensible Space is located on their Building Permit Submittal. Ruidoso, New Mexico Ruidoso was heavily affected by the Little Bear fire in 2012. The City took it upon themselves to mitigate wildfire risk to the community by integrating multiple ordinances, including a comprehensive description of proper defensible space, into their city code. While some of the language would need to be revised due to differences in fuels, Ruidoso's Fuel Management Standards (42-80) provides an excellent example of what can be done when implementing wildfire landscaping ordinances. Section 42-80 A3 addresses vacant lots and absentee land owners and is measured based on the risk to neighboring properties. The City will notify the landowner of the situation and give a proper timeline to correct the issue. If not corrected a series of escalating fines are imposed until the problem is corrected. San Diego, California San Diego California may be the most regulated area in the country for defensible space landscaping regulations. Section 142.0412 Brush Management is a helpful example of defensible space being implemented into landscaping regulations. The code gives the fire chief specific authority to regulate brush management in addition to overriding specific environmental regulations when necessary. The 100ft defensible space area is broken down into Zone 1 and Zone 2 with extremely detailed outlines for necessary actions in both. These zones and actions could easily be manipulated for local use. Fire Resistant Plant Lists Pacific Northwest Fire Resistant Plant List Landscaping Network Fire Resistant Plant List FireSmart Canada Guide CPAW Community Best Practices for Ashland - April 2017 - Page 7 ICC WUI Code Appendix B- Vegetation Management Plan APPENDIX B VEGETATION MANAGEMENT PLAN The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance. SECTION B 101 GENERAL B 101.1 Scope. Vegetation management plans shall be submitted to the code official for review and approval as part of the plans required for a permit. B 101.2 Plan content. Vegetation management plans shall describe all actions that will be taken to prevent a fire from being carried toward or away from the building. A vegetation management plan shall include at least the following information: 1. A copy of the site plan. 2. Methods and timetables for controlling, changing or modifying areas on the property. Elements of the plan shall include removal of slash, snags, vegetation that may grow into overhead electrical lines, other ground fuels, ladder fuels and dead trees, and the thinning of live trees. 3. A plan for maintaining the proposed fuel-reduction measures. B 101.3 Fuel modification. To be considered a fuel modification for purposes of this code, continuous maintenance of the clearance is required. CPAW Community Best Practices for Ashland - April 2017 - Page 8 CITY OF ASHLAND Dear Planning Commission, Ashland Fire & Rescue and the Wildfire Mitigation Commission would like to formally endorse the revised and updated development standards for Wildfire Lands, expansion of the Wildfire Hazard Zone, and adoption of the Prohibited Flammable Plants List. Ashland's setting amongst the foothills of the Siskiyou Mountains provides a certain quality of life, however that comes with a high risk of wildfire as demonstrated by the 2009 Siskiyou Fire, 2010 Oak Knoll Fire, and various fires in recent decades that are nearly all outside the current Wildfire Lands boundary. Over the past 10 years, significant work in the watershed and adjacent forested areas has reduced fire danger, but work to make the city itself less susceptible needs to accelerate in the face of climate change and predicted increases in wildfire size and fiequency. Expanding the current Wildfire Lands overlay stops the addition of more housing units that do not meet wildfire safety standards and creates an opportunity to gain ground city-wide on the overall proportion of homes meeting these standards. This expansion and update is just one part of a larger approach to increase Ashland's wildfire readiness that will also target existing housing stock, addressing concerns of disproportionality of the current ordinance proposal that was raised by the Planning Commission in February of 2016 and members of the public in letters to the commission. The Wildfire Mitigation Commission voted to formally endorse the expanded Wildfire Lands overlay, updated development standards, and the Prohibited Flammable Plants List at their March meeting. This package addresses the Ashland Climate and Energy Action Plan (CEAP) goals in Public Health, Safety and Well-Being, Urban Form, Land Use + Transportation, and Natural Systems. Additionally, burning buildings release significant amounts of carbon and create toxic runoff that compromises the City's overall CEAP strategy. This package was also a specific goal (8.4: Complete the expansion of the city's wildfire hazard zone to accurately reflect risk) of the City Council from their 2015-2017 strategic planning process. We look forward to answering questions and working with the community to increase safety and protection of Ashland's environment. Sin rely, City of Ashland Planning Exhibit ichael D'Or i Fire Chief Exhibit # J ^ (J~ ~ ._....,.Y- PAS„ DO 6 d8 81■tr ASHLAND FIRE & RESCUE 455 and, Boulevard Ashland, OR R 97520 (541) 482-2770 • Fax (541) 488-5318 TTY: 800-735-2900 FiliN )W;kH.y,iinfs0i,, Written Public Comments Wildfire Ordinance Planning Action PA-L-2018-0003 • Letter from Daniel Dawson (5/16/2018) • Letter from Tom Sager (5/30/2018) • Letter from Ravenwood Townhouses HOA (6/20/2018) • Letter from Jason and Kelly Eaton, Julie O'Dwyer, and Michael Hodgins (6/21/2018) • Letter from Helen Burd (6/25/2018) • Letter from Jason and Kelly Eaton, Julie O'Dwyer, Michael Hodgins, Milo Shubat, and Josh Barnes (6/28/2018) • Letter from Peter Burns Grossman, Steven Sirianni and Kerry KenCairn (7/12/18) • I I From: Daniel Dawson <administration@ashland.or.us> Sent: Wednesday, May 16, 2018 5:00 PM To: City Council Subject: Council Contact Form - Daniel Dawson - 5/16/2018 Name: Daniel Dawson Email: danielydawson@gmail.com Subject: Proposed update to wildfire ordinance Message: Mr. Mayor and Honorable Councilors: I read in the paper about your recent discussion regarding changes to the landscaping and wildfire standards. I applaud you for working on this. I would like to bring to your attention what I believe is a significant gap in ordinances, which you might be able to consider as part of the s ame packs ge. Ashland has no ordinance that requires a property owner to maintain fire safe conditions with respect to trees and brush on vacant property. I confirmed this with Chris Chambers at a meeting on May 15. While we require grass to be cut by June 15 each year, we have no way to require a property owner to mitigate dead trees and dense, highly flammable brush on vacant property. I have 3 vacant lots near my home (well in the city limits) that pose a significant hazard to the surrounding neighbors, and frankly, to the whole city. I have spoken with one property owner and offer to solicit bids and manage the job cleaning up the lot, but they were not interested. This would seem like the ideal time to consider giving another tool to Chris and his staff. The mere threat of City intervention would get most property owners to abate dangerous conditions. I urge you to discuss this with Chris and Chief D'Orazi and see if they agree. Thank you. Dan Dawso n 818 Liberty St. Team Ashland "grad" I From: Tom Sager <tom@bisp.net> Sent: Wednesday, May 30, 2018 2:20 PM To: Brandon Goldman Cc: Alison Lerch; Chris Chambers; Julie Smitherman Subject:lnvite to Wildfire Ordinance open house 5/31 at 6:30pm Hi Brandon, Alison, Chris and Julie, Thanks for the invite to the open house on this issue. I unfortunately cannot make this meeting, so am writing instead to let you know my thoughts on the matter. I am strongly against incorporating the entire city limits into a wildfire hazard designation, I believe the current boundary along with the extreme thinning of the surrounding area are sufficient. I understand the hazard or certain vegetation and of certain types of wood siding, but to mandate and enforce all new construction to this degree is over the top. In this town we already battle enough rules and regulations with new construction, the very last thing we need is to add onto them. While some of the regs involved in the hazard designation make sense, ie requiring the removal of dead trees and bushes, most do not. Examples would be needing to put sheet rock behind any wood siding, No planting of evergreen trees (Seriously?), and wood fences cannot come within a certain amount of feet of a house. (what, it changes to metal?.. really!) I could go on, but I won't. I think you get the idea and where my leaning is against this 'too far' incorporation. We need to keep our community feeling like a community. I for one am willing to take a wildfire risk than to deforest our City. We have a well equiped Fire Dept. for a reason. Sincerely, Tom Sager . l June 20, 2018 To the Planning Commission of the City of Ashland, I went to an informational meeting a few weeks ago to hear about the Wildfire Mitigation Ordinance being formulated for the City of Ashland. We at Ravenwood Townhouses are glad that new construction will have stricter ordinances in place to keep fire-prone plantings away from structures. However, we are very disappointed that, even with the current fire science, there will not be anything mandatory in the ordinance for existing fire-hazardous plantings near structures. We know that Leyland Cypress (and others) are dangerous trees in a fire situation, and yet there is no effort other than education to eradicate them from our neighborhoods. We would like to see a mandatory ordinance along with education to make our neighborhoods safer. Combating the threat of fire is a safety issue of utmost importance to the whole community. Please make Mandatory requirements for removing fire-hazardous trees near established dwellings part of the Wildfire Mitigation Ordinance. Thank you, Rosemary Murphree, Secret of the Board of Ravenwood Townhouses Home Owners Association Larry Anderson, Board Presidendt Shari Lawrence, Board Treasurer Mike Ri mond, Board Me Mark Schneider, oard Member J R C E~V® JUN 22 2010 Of alIja ,d n_ Ity RECEIVED 6/15/18 JUN 2 1- City Of Ashland To Whom It May Concern, Re: The proposed Wildfire Development Standards as well as the proposed Appendix W of the Oregon Residential Code: We live in the Wildland-Urban interface where wildfires are a real and valid concern so we understand the need for increased diligence and potentially, additional regulations to keep people and property safe in Ashland. Our concerns are regarding the extremity of the proposed regulations. We would encourage limiting new regulations on infill construction. Is it realistic that in a town that is almost completely built up that drastic new regulations placed on a tiny fraction of the town will actually decrease the chance of catastrophic wildfire? Are there studies to show the effectiveness of such regulations? Trees and ornamental plantings are integral to the feel of our town. Deer and drought pressure already limit plant selection. Banning a large number of plants will make this even more difficult. The Wildfire Development Standards and Appendix W requirements will greatly limit design flexibility. In addition, there can be significant cost increases to building using fire-rated building materials which will impact the aesthetic that defines Ashland building and landscape architecture. Construction costs have skyrocketed in the last few years. Additional community development requirements like fire protection plans and maintenance schedules further increase the cost of construction and financial barriers to entry for housing. Alternatively, we would encourage the City of Ashland to focus efforts on community outreach and facilitate citizens understanding of the importance of fire resistant building and landscape design in both new and existing homes. We would support the City putting additional resources towards more site visits and recommendations in regards to building protection, reduction of fuels and creation of fire- resistant landscapes. We believe it would be more beneficial to help large swaths of the town make incremental fire prevention measures through thoughtful design and landscaping rather than putting a large burden on new homes and substantial remodels which make up a relatively tiny percentage of Ashland's land area. Thank you for your consideration of these very important issues in our community. Sincerely, Jason and Kelly Eaton Conscious Construction Inc. Julie O'Dwyer Julie O Design Michael Hodgins Coleman Creek Construction Helen Hurd 339 Ravenwood Place Ashland OR 97520 541-708-6337 To the City of Ashland- Planning Department I am writing encourage you to make the Fire Mitigation Ordinance mandatory for existing vegetation; not just for new construction. The Rogue Valley is again in drought r_.c~r~rlitintis and the ~~reclietion is it will he hotter. drier aim windier in the fame Asliland is in a wildland-urban. interface, and the presence of highly flammable trees scattered around the city puts us and our homes at-risk for the rapid spread of wildfires. It's good to see that the City working on a Fire Mitigation Ordinance following the Firewise rnn-ll -1a ,1-;,%" ^F ras~~nnlrllr 'Fln»-frn n~+~c~1-fnfl_- -41, lnnn nnrl f"I- 1VVVIII111VIIUULI\711 VI 1%1F1"V1116 IIL1111111UL11V VV&VLULLVll VVIL11 IVJJ 11U111111U111V Ullu 111V resistant plants. It's a first step and good as far as it goes; but leaving it voluntary will not get the job done. It continues to leave us exposed to the rapid spread of fire. This is your chance to protect people and property by malting it mandatory l.or the present 1 1 1• 1 i 1 1 nazards u1 our established neighborhoods. You have a rare opportunity that might never occur again, with funds available to help defray the cost. This is a valuable incentive to undertake action soon. There are added benefits; the work will provide jobs, boost to the local economy, and better protect us from the risk of fire for years to conic. If you do not take advantage of this opportunity now, you leave us vulnerable and it will be harder to do in the future. Offering some financial help for a period of time before making it mandatory will help encourage removal of file target trees. it is evident ttiat people don't thin,, it is important, and they won't until it is too late. I am personally living u1 a wooden structure, and there are cypress trees located only 5 feet from my walls. Two months ago, my neighbor planted another cypress even closer along the property line! The entire neighborhood has cori ters in yards and public spaces adjacent to wooden structures. The risk to the city from wildfires is known, and mitigating action on favorable terms is available. Please don't shirk your responsibility; seize this chance keep us safe by making the removal of flammable: vegetation mandatory. 't'hank you for your time and attention. Sincerely, R C E b V i City of Ashland Helen Burd 6/29/18 To Whom It May Concern, Re: The proposed Wildfire Development Standards as well as the proposed Appendix W of the Oregon Residential Code: We live in the Wildland-Urban Interface where wildfires are a real and valid concern so we understand the need for increased diligence and potentially, additional regulations to keep people and property safe in Ashland. Our concerns are regarding the extremity of the proposed regulations. We would encourage limiting new regulations on infill construction. Is it realistic that in a town that is almost completely built up that drastic new regulations placed on a tiny fraction of the town will actually decrease the chance of catastrophic wildfire? Are there studies to show the effectiveness of such regulations? Conifers and ornamental plantings are integral to the feel of our town. Deer and drought pressure already limit plant selection. Banning such a large number of plants.will make this even more difficult. The Wildfire Development Standards and Appendix W requirements will greatly limit design flexibility. In addition, there can be significant cost increases to building using fire-rated building materials which will impact the aesthetic that defines Ashland building and landscape architecture. Construction costs have skyrocketed in the last few years. Additional community development requirements like fire protection plans and maintenance schedules further increase the cost of construction and financial barriers to entry for housing. Alternatively, we would encourage the City of Ashland to focus efforts on community outreach and facilitate citizens understanding of the importance of fire resistant building and landscape design in both new and existing homes. We would support the City putting additional resources towards more site visits and recommendations in regards to building protection, reduction of fuels and creation of fire- resistant landscapes. We believe it would be more beneficial to help large swaths of the town make incremental fire prevention measures through thoughtful design and landscaping rather than putting a large burden on new homes and substantial remodels which make up a relatively tiny percentage of Ashland's land area. Thank you for your consideration of these very important issues in our community. Sincerely, Jason and Kelly Eaton Conscious Construction Inc. Julie O'Dwyer Julie 0 Design Michael Hodgins Coleman Creek Construction Milo Shubat Ashland Design Solutions Josh Barnes Barnes Construction To Whom It May Concern, Wildfires are a real danger to our community. It only makes sense to adapt current codes and regulations to reflect our changing environment and the demands it places on our city. Unfortunately the current proposal to expand the existing wildfire overlay zone to encompass the entire city has much larger long term implications; places unfair economic responsibility on those improving the community; and ignores the natural fabric of the place we call home. The proposal has much broader implications than simply prohibiting certain flammable plants and eliminating plantings around 200 square foot additions. By putting the entire city within a wildfire hazard zone, would we be opening the door for programs and codes adopted by the state and national legislatures to automatically be accepted and enforced at a city level, even though they may not be applicable to our community. Would we be limiting our future options on mitigation strategies, programs, and education to if we formally declare the entire city a wildfire hazard area? wildfire prevention y ty The properties within city limits are highly developed, and very few build-able lots remain. Most future development would be infill, additions to existing homes, and the occasional new construction. Change has to start somewhere, but the proposed ordinance places the burden on those that want to improve their property. Requiring additional drawings, prevention and control plans, and limiting building/landscaping materials which surround and tie into structures will all add to the construction cost of any new development. Furthermore, what is the proven effectiveness of these requirements if the developed property is the only one in a sea of properties that are not compliant with the proposed ordinance? What sort of time frame are we looking at for the proposed ordinance to be determined 'effective'? We live in an area where conifers define our landscape, blackberries grow rampant, and the state flower is the Oregon Grape. These plants, along with the majority of vegetation on the proposed prohibited plant list are native to the area. How effective can an ordinance like this be if A) compliance is reliant on future development/improvement, and B) our native habitat is already abundant with the vegetation that will be prohibited? Will the city be responsible for compliance within the public spaces which contain these prohibited plants, and if so, at what cost to the taxpayer? More education and outreach programs within the community would help citizens understand the importance of wildfire mitigation on their own terms. "Firewise Ashland" is a great program, and has proven to be an effective educational tool for neighborhoods throughout Ashland. By putting more resources and energy into programs like this the city would come from an educational and informational approach (bottom up) rather than a code compliance/legislative approach (top down). This would empower members of the community to make the changes needed on their own, rather than being forced to meet criteria which may or may not be applicable to their specific situation. We all agree that addressing the wildfire hazard is important. This current proposal, however, leaves too many unanswered questions and ultimately will not be effective. We live in a community of forward thinking individuals that value our natural environment. Let's reach out, educate, and organize rather than impose standards which don't fit the fabric of our city. Respectfully, Peter Burns Grossmann Peter Burns Grossmann Architect, PC Steven Sirianni Walls of Time Creative Building Services Kerry KenCairn KenCaim Landscape Architecture LLC Council Business Meeting July 17, 2017_ Title: League of Oregon Cities - 2019 Legislative Agenda Input From: Adam Hanks Interim City Administrator Adam.hanks(c ashland.or.us Summary,. Prior to each State legislative session, the League of Oregon Cities (LOC) requests that each member City in Oregon review a LOC developed list of legislative objectives and provide formal input of the top four recommended legislative issues for LOC to focus on and pursue on behalf of its members for the 2019 Legislative session. Actions, Options, or Potential Motions: 1) I move to direct the City Administrator to submit the following four legislative issues to the League of Oregon Cities as the City of Ashland's top four recommended legislative issues for LOC to focus on for the 2019 Legislative Session. (List the identification letter next to each of the four legislative issue titles) 2) I move to direct the City Administrator to compile the results of individual Councilor rankings of all 29 issues to determine the composite top four issues to submit as the City Council's formal recommendations for the LOC Legislative focus issues. 3) I move to direct the City Administrator to coordinate with the City's Executive Leadership team to develop and submit the City's top four recommended issues for the legislative Staff Recommendation: While nearly every issue summarized in the attached LOC document has some current or potential relevance to the City, some issues have the potential for more targeted positive impact for Ashland. Of the 29 listed issues, below is a short list of staff recommended priorities to consider: D Beer and Cider Tax Increase Potential additional general fund revenue E Broadband Infrastructure Protect municipal authority/ability to provide broadband services F Carbon Cap-and-Invest Program State level action that would assist in meeting local CEAP/GHG goals and targets H Green Energy Technology Provide additional flexibility for renewable Requirements Changes energy/energy efficiency associated with public building construction Page Iof2 CITY OF ASHLAND L Lodging Tax Definition Broadening Provide additional flexibility for uses of local lodging tax funds O PERS Reform Improvements to the PERS system and increases employee risk/cost of system P PERS Unfunded Liability Revenue Provide a state revenue stream to more quickly pay Stream Dedication down the current unfunded liability T Right-of-Way and Franchise Fee Protect local authority/ability to control and set Authority compensation rates for users of r-o-w Staff also recommends that Council, either within this discussion or at a future meeting date, consider and provide direction to staff on any legislative topics it is interested in having staff pursue directly with local legislators or separately with local community partners, LOC or others. Resource Requirements: N/A Policies, Plans and Goals Supported: 1. Leverage our regional and state relationships to increase effectiveness in relevant policy arenas Background and Additional Information: The League of Oregon Cities is a primary resource for its member cities in advocating and being current on legislative efforts at the State level. This voting/prioritization exercise is one of the early tools used to organize the statewide efforts of LOC to benefit local municipalities. City staff are also able to utilize LOC staff resources for specific questions, updates, explanation, etc. on proposed bills, likely impacts of bills, connection with other cities that share common concerns, etc. Additionally, City staff participates in what is called the "Legislative Hotline", a weekly phone call with our two local legislators that is organized and operated by the Ashland Chamber of Commerce. This provides a unique and valuable conduit of current information exchange between our local community partners and our local elected legislators. These weekly calls begin the first week of the session. Attachments: LOC - 2018 Legislative Session Summary of Bills - http://www.orcities.org/Portals/17/Legislative/2018Leg13il1S um mar yfi nal.pdf Legislative Voting Summary Page 2 of 2 CITY OF ASHLAND LEAGUE of Oreqon CITIES 1201 Court Street NE, Suite 200 • Salem, Oregoii 97301 (503) 588-6550 • (800) 452-0338 • l=ax: (503) 399-4863 June 6, 2018 nm-%v.0rcities.0I-g Dear Chief Administrative Official: For the past three months, eight policy committees have been working to identify and propose specific actions as part of the League's effort to develop a pro-active legislative agenda for the 2019 session. They have identified legislative objectives as set forth in the enclosed ballot and legislative recommendation materials. These objectives span a variety of issues and differ in the potential resources required to seek their achievement. Therefore, it is desirable to prioritize them in order to ensure that efforts are focused where they are most needed. While the attached ballot reflects the top policies developed in each of the policy committees, each undertook a broad look at a range of issues impacting cities. Many issues reflect the League's ongoing mission to support cities' work and their home rule authority to develop and use a variety of tools to meet the needs of residents but were not included in the ballot. Additional issues, such as addressing the housing shortage and the opioid crisis, are multifaceted and did not fit concisely into policy priorities. However, they remain as work the League intends to accomplish as it works with large groups of stakeholders in search of solutions. Each city is being asked to review the recommendations of the policy committees and provide input to the LOC Board of Directors as it prepares to adopt the League's 2019 legislative agenda. After your city council has had the opportunity to review the proposals and discuss them with your staff, please return the enclosed ballot indicating the top four issues that your city council would like to see the League focus on during the 2019 session. The deadline for response is August 3, 2018. The board of directors will then review the results of this survey of member cities, along with the recommendations of the policy committees, and determine the League's 2019 legislative agenda. Your city's participation and input will assist the board in creating a focused set of specific legislative targets that reflect the issues of greatest importance to cities. Thank you for your involvement, and thanks to those among you who gave many hours of time and expertise in developing these proposals. Do not hesitate to contact me or Craig Honeyman, Legislative Director, with questions. Sincerely, Mike Cully Craig Honeyman Executive Director Legislative Director P.S. If you are reviewing the hard copy of this ballot and would like to view the linked material please visit the following web address and click on the links there: littp://www.orcities.org/Portals/17/Leglslative/2019PolicyBallotlnformation.pdf I IcIpins; Citics Succeed i INSTRUCTIONS 1. Each city should submit one form that reflects the consensus opinion of its city council on the top four legislative priorities for 2018. 2. Simply place an X or a check mark in the space to the left of the city's top four legislative proposals (last pages of the packet). 3. The top four do not need to be prioritized. 4. Return by August 3rd via mail, fax or e-mail to: Jenna Jones League of Oregon Cities 1201 Court St. NE, Suite 200 Salem, OR 97301 Fax - (503) 399-4863 jjones@oi-cities.org Thank you for your participation. Please check or mark 4 boxes with an X that reflects the top 4 issues that your city recommends be added to the City of: priorities for the League's 2019 legislative agenda. Legislation A. 9-1-1 Tax B. Annexation Flexibility 0 C. Auto Theft 0 0 D. Beer and Cider Tax Increase E. Broadband Infrastructure 0 F. Carbon Cap-and-Invest Program Adoption 0 G. City Comparability for Compensation 0 H. Green Energy Technology Requirement Changes 0 1. Infrastructure Financing and Resilience 0 J. Least Cost Public Contracting -TT _ 0 K. Local Control Over Speed Limits on City Streets 0 L. Lodging Tax Definition Broadening 0 M. Mental Health Investment N. Permanent Supportive Housing Investment 0. PERS Reform P. PERS Unfunded Liability Revenue Stream Dedication 0 Q. Place-Based, Water Resource Planning (Program Support) 0 R. Property Tax Reform 0 S. Qualification Based Selection (QBS) 0 T. Right-of-Way and Franchise Fee Authority 0 U. Safe Routes to School Match 0 V. Small Area Cell Deployment 0 W. Speed Cameras 0 X. Speed Limit Methodology 0 Y. Third Party Building Inspection 0 Z. Tobacco Taxes Share Increase AA. Waste Water Technical Assistance Program BB. Wetland Development Permitting 0 CC. Wood Smoke Reduction Program Support 0 In addition to your ranking of the priorities shown above, please use this space to provide us with any comments (supportive or critical) you may have on these issues, or thoughts on issues or potential legislative initiatives that have been overlooked during the committee process.): A. 9-1-1 Tax Legislation: Support legislation enhancing the effectiveness of the state's emergency communications system by increasing the 9-1-1 tax and/or seeking other sources of revenue and prohibiting legislative "sweeps" fiom emergency communications accounts managed by the Oregon Office of Emergency Management. Background: The League worked with other stakeholder groups in 2013 to extend the sunset date on the statewide 9-1-1 emergency communications tax to January 1, 2022 (HQ 3317). In 2014, the League also worked to pass legislation including prepaid cellular devices and services under the 9-1-1 tax (HB 4055). As concerns mount with regard to disaster preparedness and recovery and as upgrades to communications technology become available, it is apparent that state and local governments do not have the resources necessary to address challenges or take advantage of opportunities (see an analysis in the League's 2018 State Shared Revenue Report, here, and the Oregon Office of Emergency Management's "Emergency Communications Tax" webpage, licre. Additional funding is needed and the practice of periodically sweeping funds out of the state's emergency management account for other uses must cease. It is worthy of note that the practice of "sweeps" disqualifies the state from receiving federal funds for emergency communications. It is unknown how many federal dollars have been foregone as a result of this policy. Presented by the Telecom, Broadband & Cable Committee and endorsed by the Finance & Taxation Committee B. Annexation Flexibility Legislation: The League will work to increase the flexibility for cities to annex residential areas and to encourage voluntary annexations, with a primary focus on improving the island annexation process. Background: There is a significant disconnect between the state's land use process and the process of annexation, which has created issues for a variety of cities. The annexation process requirements are particularly difficult for areas known as "islands". Even though cities can involuntarily annex islands, most cities have adopted a policy to only engage in voluntary annexation. This has left significant islands un-annexed. In addition, waiting for surrounding properties to voluntarily annex often means the process and order of annexation does not necessarily match the plans for infrastructure development. Unannexed lands remain on the buildable land supply but much of it will contain some level of development that was approved by the county, but is often underdeveloped when compared to the comprehensive plan. However, there have been bills that have been introduced over the last few sessions that aim to make non- voluntary annexation more difficult (see e.g., HB 2039 and 1-113 2040). As these bills have gotten hearings, the League has taken the opportunity to discuss how annexation and land use are very disconnected. This is particularly of interest as interest in housing development remains at the top of the list of legislative priorities. If local governments have greater control over the annexation process and can better incentivize voluntary annexation, they can better meet the development expectations of the land use system and their comprehensive plans. It also assists in the orderly development of infrastructure. Tools that were recommended to consider included partial island annexation in residential areas, relaxation of the limit of 10 years to bring a property fully onto the city's property tax level, changing the boundary requirements for islands, and looking at how the withdrawal of special district territory can be better regulated. Presented by the Connnunio Development Committee C. Auto Theft Legislation: Address the deficiencies in the Unauthorized Use of a Motor Vehicle statute that were created after an adverse court ruling. Background: A 2014 Oregon Court of Appeals ruling requires that prosecutors prove beyond a reasonable doubt that a person driving a stolen car knew they were in violation of the law prohibiting the unauthorized use of a motor vehicle. Because of this ruling, unless confesses to the crime, obtaining a conviction for stealing a car is near impossible. The National Insurance Crime Bureau's 2017 "Hot Spots" report stated that Oregon experienced a 19 percent increase in auto theft over 2016. News stories on this issue may be found he, here and here. Because of the ruling, auto theft has increased exponentially across rural and urban Oregon. A legislative fix was proposed in 2018 and was generally agreed to but was never voted on by either chambers due to the fiscal impact it would have on the state. A copy of the legislation can be found here. This issue was brought to the Committee by a representative of the Oregon Association of Chiefs of Police and they have requested the League's supported in seeking to fix this issue. Of particular concern to the General Government Committee was the fact that vehicles being stolen tend to be older cars and trucks that are more likely to be owned by people of more modest means who would be unable to readily replace their vehicles without considerable impact. Presented by the General Government Committee D. Beer and Cider Tax Increase Legislation: The League proposes increasing the state taxes on malt beverages and cider to assist with rising public safety costs, improve public health, reduce alcohol consumption by minors, and provide alcohol tax equity with wine and liquor. Background: Oregon's tax has not been increased since 1978 and is currently $2.60 per barrel which equates to about 8 cents on a gallon of beer. The tax is by volume and not on the sales price. (Yes, the bottle deposit is 60 cents and the tax is only about 4 cents on a six-pack!) Oregon is tied with Kentucky for the lowest beer taxes of all states (see page 98 in link). To get to the middle, Oregon would need to raise the tax to 80 cents per gallon (10-fold increase). Cities are preempted from imposing alcohol taxes. In exchange, cities receive approximately 34% of the state alcohol revenues (see page 9 in link)(beer and wine taxes, license fees, and liquor profit sharing) as state shared revenues. However, because the tax is so small on beer, the share is also small. The beer tax brings in only about $7 million per year state-wide; thus, the city share is about $2.3 million of the total shared revenues. The total share for cities for all alcohol-based state shared revenues is estimated at over $86 million. The League anticipates that excise tax increases including those on alcohol will be a part of revenue package discussions in 2019, and the League sees this concept as an important leveraging tool. Presented by the Finance and Tax Committee and endorsed by the General Government Connnittee E. Broadband Infrastructure Legislation: Seek additional state support and funding for increased and equitable broadband infrastructure deployment, especially in rural areas. Oppose legislative efforts to restrict existing municipal authority to provide broadband services. Background: The deployment of broadband and telecommunications networks and services (public and/or private) throughout Oregon is critical to economic development, education, health and safety and the ability of residents to be linked to their governments. Mapping research shows large areas of the state either not served or underserved by competitive broadband technology. A significant barrier to the deployment of broadband infrastructure is funding. Cities need additional funding and support from various sources, including the state and federal government, allocated for increased or new broadband infrastructure, especially for fiber connections to schools, community libraries, and public safety buildings. Also, oppose efforts by private internet service providers to restrict local efforts to make broadband technology available within their jurisdiction. Presented by the Telecom, Broadband & Cable Committee F. Carbon Cap-and-Invest Program Adoption Legislation: The League's Energy & Environment Policy Conunittee has recommended support, if specific principles are recognized and codified, of legislation that would implement a statewide cap on carbon emissions over time and that would generate revenues for strategic investments that further Oregon's greenhouse gas reduction goals. The cap on emissions would apply to certain "regulated entities" with carbon emissions over 25,000 metric tons annually. Regulated entities would receive allowances, or would generate offset credits, to emit carbon. The revenue from the purchase of allowances would be invested in specified programs aimed at furthering GHG reductions and mitigating program impacts. It is anticipated that funds generated from a cap on the transportation fuel industry may be subject to use per state Constitutional requirements related to the state highway fund. The statewide cap on carbon would be reduced over time to meet updated greenhouse gas reduction goals for Oregon. For the League to support a statewide cap on carbon, the following principles would need to be recognized and codified in any legislation: • The legislation and subsequent rulemaking processes would need to establish a forum to generate meaningful dialogue with rural Oregon conununities and those with energy-intensive, trade- exposed industries. Equity considerations should be considered throughout this process by including cities and counties representing a variety of populations, regions of the state, and community demographics (e.g. low-income and underserved populations). Specific action should be taken to have representation from cities with populations of less than 1,500. • The cap would need to apply to all sectors including utilities, industry and the transportation fuels sector (e.g. fuel producers) if annual carbon emissions exceed 25,000 metric tons. • The program should be designed to link to the Western Climate Initiative which has a multi- jurisdictional carbon market (linking with programs in California, Ontario and Quebec) • The revenue from the purchase of allowances would be invested in evidence-based technologies to reduce emissions from regulated sectors with excess revenues being invested in statewide programs to support climate resilience and rural Oregon economies. Requiring the reinvestment of allowance revenue will help regulated sectors become more efficient over time and less carbon intensive. I • In addition, LOC will advocate that additional revenues generated be dedicated to support programs including: o Technical assistance grants that local governments could access to help fund the adoption and implementation of local climate action/sustainability plans. o Funding for local woodstove smoke reduction programs to help communities in, or at risk of, non-attainment from woodstove smoke. o Funding to study and incentivize an expanded, yet sustainable, cross-laminated timber industry in Oregon with the intent of stimulating job creation in rural Oregon communities. o Funding for drought mitigation planning and resilience for Oregon water systems. Background: The League anticipates that the Legislature is very likely to pass legislation during the 2019 session that would implement a "cap-and-invest" program in Oregon, similar to the program adopted by California. Similar legislation has been considered by the Oregon Legislature during previous legislative sessions, but has failed to be brought for a vote. The political will to pass such a policy/program for Oregon appears to be incredibly strong; the Speaker of the House and President of the Senate are co-chairing the Joint Interim Committee on Carbon Reduction and the Governor's team is staffing a new Carbon Policy Office to assist in the Committee's efforts. The League's Energy & Environment Committee has spent considerable time discussing this policy, including how best to craft a policy recommendation that makes both environmental and economic sense for the state and cities. Presented by the Energy & Environment Committee G. City Comparability for Compensation Legislation: The League will seek legislation to ensure that cities are compared only with cities of a similar cost of living when negotiating with strike prohibited bargaining units. Background: Oregon labor law doesn't allow police officers, firefighters, emergency communicators and other public safety critical employees to strike. Instead when an impasse is reached when bargaining with labor unions that represent those workers, the state proscribes a set procedure involving an outside arbitrator to resolve those contract disputes. In that process the arbitrator will compare the city to other cities of similar size. As a result, the cites in rural areas are being compared with to cities in metropolitan areas that have different economic circumstances. Klamath Falls with 20,000 people in it and a median home value of $160,000 could be compared to Tualatin with a similar population and a median home value of $355,000. This is not a reasonable comparison. The Human Resources Committee notes that the Legislature created a variable minimum wage in Oregon in recognition of the different costs of living across the state. Each Oregon county is assigned to one of three wage zones with one being the Portland Metropolitan area, that second are less populous regions and the third are rural counties. The Committee recommends that cities only be compared to cities in the same wage zones. A detailed explanation and graphics of the proposal may be found here. Presented by the Human Resources Committee H. Green Energy Technology Requirement Changes Legislation: Advance legislation to statutorily modify the existing "1.5 percent green energy technology for public buildings" requirement to allow for alternative investment options such as offsite solar or energy efficiency projects. Background: Oregon statute currently requires public contracting agencies to invest 1.5% of the total contract price for new construction or major renovation of certain public buildings on solar or geothermal technology. The requirement allows for offsite technology, but only if the energy is directly transmitted back to the public building site and is more cost-effective than onsite installation. Removing the requirement that an offsite project be directly connected to the public building project could result in increased flexibility for local governments to invest in solar projects that are more cost-effective and provide for increased solar ener P gY generation. In addition, the League will advocate to allow 1.5 percent funds to be invested in alternative projects that provide a greater economic or social return on investment including energy efficiency. Presented by the Energy & Environment Committee 1. Infrastructure Financing and Resilience Legislation: The League will advocate for an increase in the state's investment in key infrastructure funding sources, including, but not limited to, the Special Public Works Fund (SPWF), Brownfield Redevelopment Fund, and Regionally Significant Industrial Site loan program. The advocacy will include seeking an investment and set aside through the SPWF for seismic resilience planning and related infrastructure improvements to make Oregon water and wastewater systems more resilient. Background: A key issue that most cities are facing is how to fund infrastructure improvements (both to maintain current and to build new). Increasing state resources in programs that provide access to lower rate loans and grants will assist cities in investing in vital infrastructure. Infrastructure development impacts economic development, housing, and livability. The level of funding for these programs has been inadequate compared to the needs over the last few biennia and the funds are depleting and unsustainable without significant program modifications and reinvestments. The funds are insufficient to cover the long-term needs across the state. While past legislative sessions have focused on finding resources for transportation infrastructure, the needs for water, wastewater, and storm water have not been given the same attention. A LOC survey of cities in 2016 identified a need of $7.6 billion dollars over the next 20 years to cover water and wastewater infrastructure projects for the 120 cities who responded. This shows a significant reinvestment in the Special Public Works Fund (SPWF) is needed to help meet the needs of local governments. Without infrastructure financing options, cities cannot meet the needs of new housing or new business - high priorities for cities across the state. In addition, there is a critical need to improve upon the seismic resilience of public drinking water and wastewater systems. The Oregon Resilience Plan (2013) identified Oregon's water and wastewater systems as especially vulnerable to damage resulting from a Cascadia subduction zone earthquake. The plan recommended all public water and wastewater systems complete a seismic risk assessment and mitigation plan for their system. This plan would help communities identify and plan for a backbone water system that would be capable of supplying critical community water needs after a significant seismic event. However, there is currently no dedicated funding to assist communities with this planning effort and the funding needed to repair/retrofit water infrastructure is significantly inadequate. Investments have been made in Oregon to seismically retrofit public safety facilities and schools, but without planning for infrastructure resilience, communities may not have access to water for critical needs, including drinking water and water for fire suppression, in the immediate aftermath of a seismic event. This priority will focus on maximizing both the amount of funding and the flexibility of the funds to meet the needs of more cities across the state to ensure long-term infrastructure investment. Presented by the Community Development Committee and endorsed by the Finance & Taxation and Water/Wastewater committees J. Least Cost Public Contracting Legislation: Introduce and/or support legislation repealing Section 45(2)(a)(G) and Section 45(3)(a)(G) of HB 2017 (enacted in 2017) relating to compliance with least cost public contracting requirements as a condition for fuel tax increases after 2020. Background: As a matter of public policy, the League fundamentally disagrees with this linkage of transportation projects funding with public contracting standards applicable to specific local projects. Under HB 2017 (enacted in 2017) cities must comply with least cost public contracting standards set forth by ORS 279C.305 for subsequent the two-cent increases in the state gas tax to occur in 2020, 2022 and 2024. Literally interpreted, one recalcitrant city might be able to stop the next gas tax increase by its failure to comply with this statute. Presented by the Transportation Connnittee and endorsed by Finance and Taxation Policy Committee K. Local Control Over Speed Limits on City Streets Legislation: Introduce legislation that allows Oregon cities to opt-in (voluntarily) to adjust their speed limits on residential streets 5 mph lower than the statutory speed limit. Background: HB 2682 (enacted in 2017) allows the city of Portland to establish by ordinance a designated speed for a residential street under the jurisdiction of the city that is five miles per hour lower than the statutory speed provided the street is not an arterial highway. This authority should be extended to all cities and be considered permissive (not required). Cities should be able to determine speeds that are adequate and safe for their communities. Presented by the Transportation Committee L. Lodging Tax Definition Broadening Legislation: The League proposes adjusting and broadening the definitions of tourist, tourism promotion, and tourism- related facility as those terms are defined in the lodging tax statutes to ensure state-wide continued tourism and related economic (see page 17 of link) and tax growth (see page 223 of link), assist with city tourist costs, and provide local choice and revenue flexibility. Background: In 2003, when the state imposed a state lodging tax, the Legislature preempted cities by imposing restrictions on the use of local lodging tax revenues. (The percentage of restricted revenues varies by city.) Restricted tax revenues must be used for tourism promotion or tourism-related facilities. While the League will support all legislation that provides more flexibility on local tax usage, the League will advocate for lodging tax legislation that broadens those terms to clearly cover city costs of tourist events, tourism- related facility maintenance, tourist amenities, tourist attraction enhancement and public safety costs for special tourist events. Language from Section 3 of the dash I amendment to HB 2064 (2017) and Section 1 of HB 2064 (2017) will likely serve as a starting place. See also this power point presentation and this LOC testimony (supporting HB 2064) for further information. Presented by the Finance and Tax Committee M. Mental Health Investment Legislation: The League will seek to protect and enhance the investments made to Oregon's treatment of the mentally ill. Background: In 2015, the Legislature funded rental and housing assistance for persons suffering from mental illness, specialized training for police officers to assist people in mental health crisis, multi-disciplinary crisis intervention teams and expanded access to treatment. While providing direct mental health services is not a standard city service, the state of care for persons in crisis had deteriorated to the point city police officers were regularly the primary public employee to provide interventions. The December, issue of Local Focus was devoted to cities and mental health, those articles may be found here. Because of the anticipated budget shortfalls in 2019, the General Government Committee would like the League to ensure that services established in 2015 are not cut and to capitalize on any opportunities that may exist or be created to enhance those investments. Presented by the General Government Committee N. Permanent Supportive Housing Investment Legislation: The League will support increased investments in the services that are provided to people who are living in pennanent supportive housing. Background: Permanent supportive housing serves specific populations that traditionally face difficultly in remaining in housing due to additional, complex needs by providing housing and other services at the same time. A variety of populations, such as seniors, veterans, families, and those with mental health conditions, have different services that accompany their housing support. Permanent supportive housing models that use a Housing First approach have been proven to be highly effective for ending homelessness, particularly for people experiencing chronic homelessness who have higher service needs. Investment in the services is as important as the housing because residents that do not receive these additional supports often end up returning to homelessness based on issues related to their- other issues. However, in many areas the funding for housing is not well matched with the funding for the services. The state is the primary funding source for these services. However, there is some disconnect between the housing support provided by the Oregon Housin,7 and Conumnity Services Department (OHCS) and the Oregon Health Authority OHA . i To help communities that are working to provide opportunities for permanent supportive housing and those seeking to find long-term solutions to local homelessness issues, better investment in the services is vital to success of these programs. By supporting appropriations to OHCS and OHA for these services, more support services can be provided to those that are in permanent supportive housing and lead to better outcomes. Presented by the Comntunity Development Committee 0. PERS Reform Legislation: The League will seek legislation to modernize the PERS investment pool, ensure proper financial controls are adhered to, and give cities a greater voice in how their monies are invested. The League will also seek legislation that shares the risk and costs of the pension benefit with employees but does so in a manner that impacts employees based on the generosity of the benefit plan they will retire under. Background: Oregon's Public Employee Retirement System (PERS) is a three-tiered program that provides a defined benefit pension (a pension that pays a retiree and their beneficiary a set amount for the length of their retirement) and a deferred compensation program that is funded through employee contributions. Each of the three tiers pays a different benefit and an employee's placement in a given tier is based on the date they were hired. Tier I is the most generous benefit and has on option for an annuity based retirement that has been incredibly expensive to maintain. Tier I was replaced by Tier II in 1996. Tier II costs, though reduced, were also unsustainable and were replaced with a third tier, known as the Oregon Public Service Retirement Plan (OPSRP) which is designed to provide a 45 percent salary replacement after a full career. A primer on the PERS system may be found here. The cost to employers for this system has risen steadily since the market crash of 2008, and will increase again on July 1, 2019 (projected individual employer rates may be found here) and then again in 2021 and possibly again in 2023. Rates are anticipated to remain at a system wide average of around 29 percent of payroll and remain at that level until 2035 without reforms. Adverse court rulings to previous attempts at reforms have limited our options to addressing benefits not yet earned. With that in mind the Human Resources Committee recommends reforms in the three following areas: • Ensure that investments into the PERS system are achieving the maximum possible return in the most efficient manner possible while safeguarding the funds with proper financial controls. • Requiring that employees absorb some of the costs for the pension system but ensure that OPSRP employees are impacted more favorably than Tier I and Tier II employees who will receive more generous retirement benefits. • Establishing a fourth tier that provides similar benefits to employees but is funded in a more sustainable manner. Providing incentives to retirees and current employees in the other tiers to switch to the fourth tiers should be explored as well. Presented by the Human Resources Convnittee P. PERS Unfunded Liability Revenue Stream Dedication Legislation: The League proposes that a new state revenue stream be dedicated to paying down the unfunded liability over a period of years to sustain the Public Employees Retirement System (PERS). Background: The present unfunded liability has grown extraordinarily large and is causing rate increases for most local governments and schools that are not sustainable. The League would support all reasonable revenue stream ideas. Ideas include but are not limited to a new temporary limited sales tax, a new payroll tax, and a new temporary state property tax. The League will advocate that PERS cost-containment measures be pursued along-side revenue raising efforts to pay down the liability; both seem necessary to address the state-created problem. Presented the Finance and Tax Committee and endorsed by the Human Resources Committee Q. Place-Based, Water Resource Planning (Program Support) Legislation: The League will advocate for the funding needed to complete existing place-based planning efforts across the state. Background: Oregon's water supply management issues have become exceedingly complex. Lack of adequate water supply and storage capacity to meet existing and future needs is an ongoing concern for many cities in Oregon and is a shared concern for other types of water users including agricultural, environmental and industrial. Most of the surface water- in Oregon (during peak season months) is fully allocated with no new water available. As a result, the ability to meet existing and future demand for various water uses will require collaboration, improved management and coordinated conservation among a variety of stakeholders, including municipalities. For this reason, the Legislature passed legislation to create a place- based planning pilot program in Oregon. This program, administered through the Oregon Water Resources Department, is providing a framework and funding for local stakeholders to collaborate and develop solutions to address water needs within a watershed, basin or groundwater area. Place-based planning is intended to provide an opportunity for coordinated efforts and the creation/implementation of a shared vision to address water supply challenges. Four place-based planning efforts are currently under--way across the state in the Malheur Lake Basin, Lower John Day sub-basin, Upper Grande Ronde sub-basin and mid-coast region. Without continued funding, these efforts will not be able to complete their work. The LOC Water & Wastewater Policy Committee recognized that while this funding is limited to specific geographic areas, they also recognize the importance of successfully completing these pilot efforts and conducting a detailed cost/benefit analysis. It is a critical step in order to demonstrate the benefits of this type of planning. If these local planning efforts prove to be successful, there will likely be future efforts to secure additional funding for other place-based planning projects across the state. R. Property Tax Reform Legislation: The League of Oregon Cities proposes that the property tax system should be constitutionally and statutorily reformed as part of the 2019 session work on state and local tax reform and improving funding for schools (see pages 69-72 of link; property taxes make up 1/3 of school funding). Background: The property tax system is broken and in need of repair due to Measures 5 and 50, which are both now over 20 years old. All local governments and schools rely heavily on property tax revenues to pay for services and capital expenses. Therefore, the League will participate in coalitions to help draft and advocate for both comprehensive and incremental property tax reform option packages. The League will remain flexible to support all legislation that improves the system, with a focus on a property tax package with these elements: • To achieve equity, a system that transitions to a market-based property tax valuation system (RMV) rather than the present complex valuation system from Measure 50 (requires constitutional referral). • To enhance fairness and adequacy, a system that makes various statutory changes, some of which would adjust the impact of a return to RMV. For example, the League supports a new reasonable homestead exemption (percentage of RMV with a cap) but also supports limiting or repealing various property tax exemptions that do not have a reasonable return on investment. • To restore choice, a system that allows voters to adopt tax levies and establish tax rates outside of current limits (requires constitutional referral). SJR 3 (see page 50 of link)(constitutional referral with return to real market value system) and SB 151 (see page 48 of link) (homestead exemption bill) from the 2017 session will likely serve as starting points. City property tax data including real market values and assessed values can be accessed here. Presented by the Finance and Tax Committee S. Qualification Based Selection (QBS) Legislation: The League will seek to reform the Qualification Based Selection (QBS) requirements to allow for the consideration of price in the initial selection of architects, engineers, photogrammetrists and surveyors. Background: The state currently prohibits the consideration of price when making an initial selection when awarding contracts for certain design professionals when conducting public improvements. Instead of issuing a request for proposals as is done with most public improvement projects, contracting agencies issue "requests for qualifications" on a project. Cities may negotiate price only after the initial selection of a contractor is made. Under this system a city or other contracting agency will never know the price of other qualified and responsible bidders on a project. The League's General Government Committee concluded that this process is not in the interests of cities or tax payers as it precludes the use of competitive bids. There is no other area in which a consumer, public or private, would procure a service or product without considering the price. Presented by the General Government Committee T. Right-of-Way and Franchise Fee Authority Legislation: Oppose legislation that, in any way, preempts local authority to manage public rights-of-way and cities' ability to set the rate of compensation for the use of such rights-of-way. Background: In its commitment to the protection of Home Rule and local control, the League consistently opposes restrictions on the rights of cities to manage their own affairs. From time to time, in the context of public rights-of-way management authority discussions, proposals to restrict to this authority arise. Such was the case during the 2017 legislative session with SB 202 and SB 840. These efforts to restrict local authority often include proposals for a statewide right-of-way access policy and compensation system as well as limiting the ability of cities to charge fees of other government entities. This is contrary to local government management authority; the ability to enter into agreements with users of the right-of-way either by agreement/contract or ordinance; and to set the rate of compensation. Presented by the Telecom, Broadband & Cable Committee U. Safe Routes to School Match Legislation: Introduce legislation lowering the local Safe Routes to Schools matching grant requirement to 20 percent from 40 percent and lowering the matching grant requirement for areas qualifying for exceptions to 10 percent from 20 percent. Background: Section 123 of 1113 2017 (enacted in 2017) authorizes the Oregon Transportation Commission to provide matching grants for safety improvement projects near schools. To receive the grant cities must provide a 40 percent cash match unless the school is located in a city with a population of less than 5,000; is within a safety corridor; or qualifies as a Title I school in which case the cash match requirement is reduced to 20 percent. While cities support the availability of matching grant funds provided by the state, the current cash match requirements are too high for most cities to participate in the program. Presented by the Transportation Committee V. Small Area Cell Deployment (also known as "Small Cell Deployment") Legislation: Oppose legislation that preempts local authority to manage public property while supporting deployment of wireless technology, including small area cell and 5G. Background: Legislative efforts involving the deployment of small area cell facilities are increasing around the nation. Currently 20 states (Arizona, Colorado, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Minnesota, North Carolina, New Mexico, Ohio, Oklahoma, Rhode Island, Tennessee, Texas, Utah, Virginia, and Washington) have passed bills that limit cities ability to collect appropriate and fair rights-of-way, pennitting, and lease fees on municipal property; to control their own design and aesthetics; or otherwise manage wireless technology deployment within their jurisdictions. This type of legislation is not going away. In fact, it is just beginning. During the 2017 session, the League was approached independently by representatives of two wireless companies with draft concepts that could have resulted in legislation compromising local authority to manage the deployment of small area cell and 5G technology. Issues raised included "shot clock" (time allowed for cities to rule on applications), fee structures and limits, contract terms and duration, land use issues etc. These efforts are expected to continue in 2019 and with greater urgency as the technology approaches deployment status. While cities in Oregon support the advent of new wireless technology including small cell and 5G, authority to ensure their deployment complies with local laws and policies must be maintained. Presented by the Telecom, Broadband & Cable Committee W. Speed Cameras Legislation: Introduce and/or support legislation authorizing cities to use fixed speed cameras at locations other than intersections. Background: Speeding is a public safety issue. The Oregon Transportation Safety Action Plan envisions no deaths or life-changing injuries on Oregon's transportation system by 2035. Currently, cities have the authority as a result of HB 2409 (enacted in 2017) to issue a speeding citation from the same camera and sensor system used to enforce red light compliance at intersections. Further, speeding does not only occur at intersections. Additional automated enforcement, outside of intersections, would be a valuable a tool allowing cities to mitigate dangerous behaviors and speeding. In 2015, the Oregon Legislature granted the city of Portland the authority to implement a fixed speed safety camera program (HB 2621). The fixed speed camera systems have been operating on "urban high crash corridors" that are also part of the city of Portland's High Crash Network. While this program has not been in place long, the comparison of before and after speeds near the fixed photo radar system is indicating that the automated enforcement is positively influencing speed reduction (see PBOT report). This legislation would extend the authority to all Oregon cities to implement fixed speed safety camera programs to help reduce the number of deaths and serious injuries that occur as a result of speeding. Presented by the Transportation Committee X. Speed Limit Methodology Legislation: Introduce legislation that directs the Oregon Department of Transportation to develop a new speed setting methodology for cities and other urban areas that uses a safe systems approach validated by expert system tools as recommended by NTSB Safety Study SS-17/01. Background: The NTSB safety recommendations represent current data-driven best practices to determine speed limits. Currently, Oregon speed limits are set based on the guidance that speed limits in speed zones within cities should be within 10 mph of the 85th percentile speed as determined by The NTSB Safety Study SS- 17/01, "Reducing Speeding-Related Crashes Involving Passenger Vehicles" concludes, • "Speed increases the injury severity of a crash;" • "...that unintended consequences of the reliance on using the 85th percentile speed for changing speed limits in speed zones include higher operating speeds and new, higher 85th percentile speeds in the speed zones, and an increase in operating speeds outside the speed zones;" • "...that the safe system approach to setting speed limits in urban areas is an improvement over conventional approaches because it considers the vulnerability of all road users." Presented by the Transportation Committee Y. Third Party Building Inspection Legislation: The League will clarify the ability for local government programs to have private party building officials and building inspectors provide services for local building inspection programs, including recognizing that privately employed specialized inspectors can to perform specialized inspections. Background: Beginning in 2017, the League has been working to defend local building inspection programs that contract with third-party companies to provide building official and inspectors to run the local program. However, the Oregon Building Codes Division (BCD) has stated that the Oregon Department of Justice (DOJ) has informed BCD that programs that are structured this way violate the constitutional prohibition on delegating government authority. The League has repeatedly asserted that we disagree with that legal assessment. There was a bill introduced in 2018, HB 4086, that would have adopted new requirements for local govermnents running programs. The League worked with other stakeholders to prevent passage of the bill, but we committed to working on a legally defensible solution that does not prevent these locally run programs from continuing. After the session, the BCD determined that it would implement new riles for locally run inspection programs to meet the asserted legal opinion on delegation. On April 23, the BCD enacted emer<gencv, temporary rules that added significant requirements for local building inspection programs. The new rules required local programs to designate a government employee as a city's building official. The rules also required the city to have a government- employed, certified electrical inspector. Both positions could be filled by hiring the person directly or by an agreement between municipalities to share the employee(s). The rules further stated that a shared employee could only service three jurisdictions. In May, the Director of the Consumer and Business Services, who oversees the BCD, informed the League that the temporary rules were rescinded. The Department's decision to rescind the rules included a statement that they would seek a formal opinion from the DOJ to clarify the issue of delegation. However, the BCD did replace the rescinded rules with another temporary, enrer`ency rule. This new rule was enacted on May 18 and states that a local government must appoint a government-employed building official. In addition to the concerns about using third-party building officials, there is currently statutory prohibition on specialized inspectors that are employed in the private sector to complete specialized inspections. There are a limited number of these inspectors, and, without removal of this prohibition, larger scale projects will not be able to move forward because they cannot be inspected and pennitted. This issue was the catalyst for the overall discussion related to third-party building officials, but is not related to the asserted legal claims. There is a commitment to work on this issue in the 2019 session, but it remains an issue of high concern as it directly impacts the flexibility of local government choice on how to provide services at the local level. Using third-party providers allows smaller jurisdictions to have local, efficient programs that provide clarity for the local development community. It also allows a base of business for these companies, which also serve to provide over-flow capacity to programs that primarily staff these programs with government staff. Therefore, this issue is vital to the long-term success of locally run building inspection programs. Presented by the Community Development Committee Z. Tobacco Taxes Share Increase Legislation: The League proposes seeking a share of all state tobacco product tax revenues .to assist with rising public safety costs and provide state shared revenue equity. Background: Only cigarette tax revenues are included in the state-shared revenue distribution to cities and those revenues are decreasing; cities receive about 2% of the cigarette tax revenues or $3.6 million a year under the formula. Other tobacco (chew, snuff, cigars, pipe tobacco, etc.) is also taxed by the state and those revenues have been increasing (now over S60 million a year), but those revenues are distributed only to the state. Cities are preempted from taxing cigarettes and other tobacco products. However, cities are often left to enforce tobacco laws and handle sales and use complaints. The League proposes that cities should receive a fair share of all the tobacco tax revenues. The League anticipates that excise tax increases to cigarettes and other tobacco products, and a new vaping tax will be a part of revenue package discussions in 2019, and the League sees this concept as an important leveraging tool. Presented by the Finance and Tax Committee AA. Waste Water Technical Assistance Program Legislation: The League will advocate for the creation of a circuit rider program, within the Department of Environmental Quality, to provide needed technical assistance for communities on water quality issues, including wastewater treatment and permit compliance options. Staffing for the circuit rider program would be provided through a third-party contract (or contracts). The League will work to identify funding resources to support this program, including a possible set aside of Oregon's federal Clean Water State Revolving funds. Background: As Clean Water Act requirements for public wastewater systems continue to evolve, with new and more stringent requirements being placed on a number of Oregon communities; cities have expressed concern over how best to comply with those requirements, especially with the limited technical and financial resources that many face. The League's Water & Wastewater Committee discussed the need for technical assistance for communities experiencing these challenges and looked to an existing program within the Oregon Health Authority's (OHA) Drinking Water Services division as a template for addressing this need. The OHA funds a circuit rider program through a third-party contract. The program is funded through federal Drinking Water State Revolving Loan Funds. The program is intended to help more communities be successful in complying with state and federal requirements. The services provided through the program are free for communities with populations of less than 10,000. Presented by the Water/Wastewater Committee BB.Wetland Development Permitting Legislation: The League shall work to establish legislative authority for the Department of State Lands to assume the federal program from the U.S. Army Corps of Engineers under section 404 of the Clean Water Act. Background: In many communities looking to develop in the wetlands creates regulatory uncertainty, particularly where development is occurring in previously un-identified wetlands, because there are two agencies that must provide permits, the Oregon Department of State Lands (DSL) and the U.S. Army Corps of Engineers (USACE). The state's process has set deadlines which provides certainty for developers. However, the USACE process is much less consistent or timely. This uncertainty increases risk related to development that can cause projects to stop before they start. In a time where cities are trying to encourage development to meet the housing shortages and economic development goals to support citizens, any increased barriers can impact success. There is a process in place at the federal level that would allow for the state to assume the USACE permitting process increasing the efficiency and certainty in the process. The state has taken steps in the past to ensure alignment of the state program to the requirements for federal approval. However, there were concerns raised at the time that the process related to the Endangered Species Act and cultural resource protections. The DSL has continued to work on these conflicts and believes it is positioned to work with the federal government to assume the federal permitting process if so authorized by the state legislature. For further information, the DLS provided a presentation for the committee, available here. Presented by the Community Development Committee 7 CC. Wood Smoke Reduction Program Support Legislation: Support increased funding to support local wood smoke reduction programs and efforts. The League will advocate the need for an additional $3-5 million, recognizing that any additional funding to assist communities is helpful. Background: Woodstove smoke is one of the most significant sources of fine particulate and toxic air pollution in Oregon, often jeopardizing public health and putting communities at risk of violating federal air quality standards. Woodstove smoke is a problem for many Oregon communities that struggle with both the public health impacts and economic threat of being designated as nonattainment under the federal Clean Air Act. To address this challenge, local governments need access to funding for wood smoke reduction programs. Such programs have proven effective at reducing wood smoke in communities and include public education, enforcement, incentives for woodstove change-outs (to ductless heat pumps or certified stoves, weatherization assistance for low-income households and providing residents with diy, seasoned fire wood which burns cleaner. A 2016 taskforce report that was submitted to the Legislature indicated that there are approximately 150,000 uncertified stoves in the state, and that while Oregon has a long and successful history of replacing woodstoves in certain communities, money is sporadic and limited. The report went on to suggest that "an allocation in the range of $3-5 million per biennium could target high-risk communities and would support a meaningful level of effort to replace old, dirty woodstoves." In 2017, the Legislature provided $250,000 in funding for community wood smoke reduction programs. The need for local communities, including a number of small cities, is much greater. Presented by the Energy & Environment Connnittee Council Business Meeting July 17, 0: Title: Resolution Clarifying Certain Conditions of Employment for Management & Confidential Employees for fiscal year 2018-2019. From: Tina Gray Human Resource Director tina.gray(a ashland.or.us Summary: The City has negotiated collective bargaining agreements with five bargaining groups. Management and Confidential employees of the City are not an organized group for the purpose of negotiating terms and conditions of their employment. Periodically, City Administration makes recommendations to the City Council for a Cost of Living Adjustment (COLA) for all non- represented employees and adjustments to conditions of employment adopted by resolution. Adjustments for the Elected City Recorder and Municipal Judge are set forth in the City Charter based on the average increase afforded other managers of the city. Staff is updating conditions of employment and recommending the Council approve a new methodology for establishing an annual COLA for the Management & Confidential Employees of the City. Adopting a clear methodology and embedding it in the Resolution will streamline the budget process, and will only require Council review when other conditions of employment changes occur that require an update to the Resolution. Actions, Options, or Potential Motions: • I move approval of a resolution clarifying certain conditions of employment for management and confidential employees of the City for fiscal year 2018-2019 repealing Resolution 2012- 23. • I recommend delaying approval of a resolution clarifying certain conditions of employment for management and confidential employees pending additional information. Staff Recommendation: Approval of language changes to the Management Resolution designed to clarify conditions of employment for non-represented Management & Confidential employees of the City. Those changes include: • Minor language changes to reflect current practices or changes required by law, such as recent State sick leave legislation. • Inclusion of a CPI-W US City's Average CPI Index March-March for use each year in determining the appropriate cost-of-living adjustment for non-represented management & confidential employees. • Approval of a 2.4% COLA for all non-represented management & Confidential employees for the fiscal year 2018-2019 based on the newly included CPI-W US City's Average CPI Index. Page Iof2 CITY OF -ASHLAND • Adjustment to vacation accruals to remain competitive externally and consistent with other collective bargaining groups at the City. • Updates to employee classifications covered by the Resolution. • Updates to language regarding employee benefit programs to reflect changes to employee benefits. Resource Requirements: The adopted budget was built on the assumption of a 2% wage adjustment for all non- represented management and confidential employees. Staff's recommendation of a 2.4% COLA based on the CPI-W US City Average equates to $4,500 more than budgeted. The staff in this group are spread out over many departments and funds in the City and the additional increase can be absorbed through position vacancies that have remained unfilled, and reductions in expenses to manage to adopted budget. Salary increases for this employee group have not been tied to any CPI index which is a measure of change in economic conditions related to cost-of-living. Cost-of-Living Adjustments are an important tool for retention and recruitment of talented non-represented staff and help us avoid compression within the organization. By establishing a methodology by which to determine fixture increases, City staff can build future budgets by using the CPI-W US City's Average March to March in budget projections. Policies, Plans and Goals Supported: N/A. Background and Additional Information: The City is currently negotiating new labor agreements with the two public safety bargaining groups. Staff will bring new labor contracts to Council for approval once tentative agreements have been reached. The remaining collective bargaining groups are in successive years of their contracts which call for wage increases this year of 2.5% for the IBEW Electrical Workers (1% 7/1/18, 1.5% 1/1/19), 1.5% for Clerical/Technical, and 2% for the Laborers Union Local 121. The Ashland Parks and Recreation Commission approved a 2.8% COLA for its non-represented employees. To ensure competitive wages for non-represented management and confidential employees, and to reinforce the Council's goal of employee retention and continuity, staff is proposing changes to the Management Resolution which clarify working conditions and enhance some of the benefits which have remained unchanged since 2012. I Attachments: • Proposed Management Resolution Clarifying Conditions of Employment for Management and Confidential Employees of the City. (Sections containing substantive changes have been highlighted for purpose of review). • Existing Resolution 2012-23: • Current Salary Schedule - Once a COLA is approved by the City Council, the wage schedule will be adjusted and the Judge and Recorder salary adjustment will be calculated according to the City Charter requirements. Page 2 of 2 CITY OF ASHLAND RESOLUTION NO. A RESOLUTION OF THE CITY OF ASHLAND CLARIFYING CERTAIN CONDITIONS OF EMPLOYMENT FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES AND REPEALING RESOLUTION 2012-23. Recitals: A. The City of Ashland has negotiated collective bargaining agreements with all employees who are members of labor unions; B. The management and confidential employees of the City are not members of a labor organization established for the purpose of collectively negotiating the terms and conditions of their employment; and C. It is in the best interest of the City and efficient and effective government to clearly set forth the City's expectations for the performance of its management and confidential employees; The mayor and council resolve as follows: 1. Scope of Resolution. This 2018 resolution shall apply to all management and confidential employees of the City of Ashland as set forth in Appendix "A", dated July 2018. This resolution does not apply to any employee who is a member of any collective bargaining unit. 2. Definitions. 2.1. Confidential employee. As defined in ORS 243.650(6), a confidential employee is one who assists and acts in a confidential capacity to a person who formulates, determines, and effectuates management policies in the area of collective bargaining. Confidential employees are paid hourly for work performed and they are subject to payment for overtime according to the Fair Labor Standards Act. Confidential employee includes those classifications in Appendix "A" under "Confidential." 2.2. Department head. A person directly responsible to the City Administrator, Mayor or City Council for the administration of a department. Department heads are exempt from overtime payment. Department heads include those Management classifications in Appendix "A" under "Department heads." 2.3 Exempt Supervisor. A person directly responsible to a department head or the City Administrator for the operational functions of a city department or division. Exempt supervisors do not qualify for payment of overtime on the basis of job duties, salary, or other exemptions under the Fair Labor Standards Act (FLSA). PAGE 1-RESOLUTION Division supervisors include those Management classifications in Appendix "A" under "division supervisors." 2.4 Non-Exempt Supervisor. A person reporting to a division supervisor or department head who may receive overtime payment for work outside their normal scope and duties. Non-Exempt supervisory positions require autonomy, independent decision making, planning, and may provide supervision to other personnel. 2.5 Employee. A person in any of the classifications listed in Appendix "A" who works for the City full-time or part-time in a regular or temporary position and who is not performing work as a principal, employee, or agent of an independent contractor. 2.6 Management or Manager. Those classifications included in Appendix "A" under the title "Executive Management" including Department Heads and some Exempt Supervisors. 2.7 Probationary Employee. A person appointed to a regular position but who has not completed a probationary period during which the employee is required to demonstrate fitness for the position by actual performance of the duties of the position. 2.8 Regular Position/Regular Employee. A regular position is one with an ongoing defined or recurring work schedule and is not a temporary position. A regular employee is a person with hired by the City to fill a regular position. 2.9 Supervisor. Any person responsible to a higher divisional or departmental level authority who directs the work of others and who is not in a collective bargaining unit. 3. Purpose. The purpose of this resolution is set forth generally in the preamble. More specifically, the resolution has three fundamental purposes.. 3.1. To clearly establish which classifications in the City service are management or confidential. 3.2. To clearly set forth the functions of management and to establish criteria for the evaluation of managerial performance. 3.3. To establish the personnel policies governing the conditions of employment of management and confidential employees. PAGE 2-RESOLUTION 4. Managerial Performance. 4.1. Goal Setting. Overall goals for the City of Ashland are set by the Mayor and City Council. Operational goals and short- range objectives are set by the City Administrator working with department heads. Resources for achieving all goals and objectives are provided via the annual budget. 4.2. Managerial Responsibilities. Each of the City's managers at a minimum have the following responsibilities: 4.2.1. Complete tasks and assigned work properly and on time, 4.2.2. Maintain a safe and healthy work environment, 4.2.3. Encourage team work, and foster cooperation, collaboration and communication among employees and departments, 4.2.4. Develop employee skills; both technical and interpersonal, 4.2.5. Keep accurate records and reports, and 4.2.6. Actively promote equity, diversity and inclusion at all levels of the organization. 4.3. General Expectations Regarding Management Employees. In addition to the managerial responsibilities mentioned above, there are also general City expectations of its managers. 4.3.1. Job Commitment. All management employees are expected to have a high degree of commitment to the City of Ashland and to their jobs. When a new manager is hired, the City expects a commitment of continued service of at least three years unless unforeseen circumstances warrant earlier resignation or termination. Management employees are expected to devote whatever hours are necessary for the accomplishment of their duties as part of their normal work week. Overtime will only be paid as set forth in section 14.3. Consistent with administrative policy, exempt management employees may flex their schedules as long as their absence does not unreasonably interfere with the City's operations. In the event of voluntary termination, management employees are expected to give a minimum of 30 calendar days' notice in order to give the City adequate time to recruit a qualified replacement. 4.3.2. Professionalism. Management employees are expected to maintain the standards of their individual profession. This includes remaining current with new developments, maintaining memberships in professional societies, and attending meetings with professionals in their field. Where professionals have codes of ethics or standards of performance, these should also be followed in the managers work for the City of Ashland. PAGE 3-RESOLUTION 4.3.3. Termination. If at any time an exempt, or supervisory employee's performance is deemed unacceptable, the City Administrator or appropriate department head may ask for the employee's resignation. In most cases, reasonable time will be given to the employee to find other suitable employment. Depending on overall circumstances, the City, in its sole discretion, may or may not provide severance pay in the event of resignation or involuntary termination. 4.3.4. Residency. Residency within the Urban Growth Boundary is strongly encouraged for the City Administrator and for department heads. Existing City employees promoted into the position of department head will not be required to move as a result of a promotion, but are strongly encouraged to move within the Urban Growth Boundary once appointed as a department head. Management employees within following job classifications shall establish their residences so as to enable them to report for emergency duty within 40 minutes of notification, including "get ready" and travel time: Public Works Superintendent Street Supervisor Wastewater and Reuse Supervisor Water Quality and Distribution Supervisor Water Treatment Plant Supervisor Electric Operations Superintendent Fire Division Chief (Forestry, Fire and Life Safety) Divisions) Deputy Police Chief Police Lieutenant Police Sergeant Computer Services Manager AFN Operations Manager Network Administrator Senior Information Systems Analyst Maintenance and Safety Supervisor Residence shall be established by new employees in these classifications within these boundaries or limitations within a period of twelve months of hire or promotion. Department heads may identify other positions which require emergency response within 40 minutes to meet operational requirements. 4.4. Essential Management Functions. The following are the essential functions of all City management positions and the expected standards for their performance: 4.4.1. Planning. Anticipates future needs and makes plans for meeting them; recognizes potential problems and develops strategies for averting or PAGE 4-RESOLUTION resolving them; makes long- and short-range plans to accomplish City and departmental goals. 4.4.2. Organizing. Efficiently and economically organizes and carries out assigned operations; carries out responsibilities in a sound and logical manner; operates the unit smoothly and in a well-organized manner; effectively delegates authority and establishes appropriate work rules. 4.4.3. Coordinating. Coordinates all activities related to work objectives; maintains coordination and cooperation with other departments and divisions; maintains good communication with employees, and empowers employees to make significant contributions to the accomplishment of objectives. 4.4.4. Leadership Motivation. Creates a climate providing challenge and motivation to employees. 4.4.5. Decision Making/Problem Solving. Analyzes situations and problems, weighs the pros and cons of alternative solutions, exercises logical thinking and good judgment, is creative, and is able to make timely decisions. 4.4.6. Employee Relations. Equitably adjusts grievances among subordinate employees, properly administers union agreements, and administers discipline in a fair, equitable and progressive manner; trains and develops subordinate employees. 4.4.7. Public Relations. Maintains a high level of contact with the public, maintains a sensitivity to the public's needs, and meets the needs of the public within available resources. Develops proactive communication strategies and actions. 4.4.8. Budgeting. Prepares operational and capital budgets to meet the goals of the City Council, and expends funds within adopted budgeted limits. 4.4.9. Safety. Maintains a safe, clean, effective work environment, and supports the City's overall safety program. 4.4.10. Self-Development. Stays current with new ideas, technology and procedures in the manager's field of responsibility. 4.4.11. Affirmative Action. Actively supports and implements Affirmative Action within the manager's area of responsibility, including the hiring and promotion of women, minorities, and the disabled. Is sensitive to sexual harassment in the workplace and understands and enforces the City's Harassment and Non-discrimination policy within area of responsibility. PAGE 5-RESOLUTION 4.4.12. Adherence to City Policies. Ensures that work activities are performed in conformance with requirements of the Ashland Municipal Code and adopted administrative policies. 5. Holidays. Recognized holidays are set forth in AMC §3.08.080. For convenience they are listed here: New Year's Day (January 1) Martin Luther King Day (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (last Monday in May) Independence Day (July 4) Labor Day (Ist Monday in September) Veteran's Day (November 11) Thanksgiving Day (4th Thursday in November) Day after Thanksgiving (in lieu of Lincoln's birthday) Christmas Day (December 25) 5.1. Police Sergeants shall receive aid compensation in addition to regular salary for p each of the holidays listed above, in lieu of time off consistent with what is afforded other law enforcement officers of the City of Ashland. This shall be paid on the first payday in December of each year. Newly-hired Police Sergeants shall receive this paid compensation pro-rated from the date of hire. In the event that a Sergeant terminates employment for any reason, he or she will receive pay only for the holidays which have elapsed that calendar year. If more holidays have been taken as time off than have actually occurred at the time of termination, those hours overpaid will be deducted from the employee's final paycheck unless other arrangements are made to repay the City. 5.2. If an employee is on authorized vacation or other leave with pay when a holiday occurs, such holiday shall not be charged against such leave. 5.3 Employees working an alternate work schedule will receive compensation for 8 hours. Employees working four 10-hour days will receive (8) hours compensation for any holiday that falls in their regular work day. Employees may use accrued vacation or compensatory time (if applicable) to make up the extra two hours, or they may be permitted to flex their schedule during a week which contains a holiday to ensure they receive full pay. In no event shall an exempt employee receive pay for more than 40 hours/week due to a holiday or alternate work schedule arrangement. 5.4 Employees covered by this Resolution shall be paid no more than 80 hours/year for recognized city holidays. If an employee works on a designated City Holiday, he or she may take the equivalent holiday off on another date." I PAGE &RESOLUTION 6. Vacations for Management and Confidential Employees. 6.1. Eligibility. Management employees shall be eligible for vacation with pay in accordance with the following sections: 6.1.1. Employees with less than four full years of continuous service shall accrue 10 hours of vacation for each calendar month of service worked. 6.1.2. Employees with more than four but less than nine full years of continuous service shall accrue 12 hours of vacation credit for each calendar month of service. 6.1.3. Employees with more than nine but less than 14 full years of continuous service shall accrue 14 hours of vacation credit for each calendar month of service. 6.1.4. Employees with more than 14 but less than 19 full years of continuous service shall accrue 16 hours of vacation credit for each calendar month of service. 6.1.5. Employees with more than 19 full years of continuous service shall accrue 20 hours of vacation credit for each calendar month of service (NOTE: The above schedule includes one day of leave which was previously designated as "birthday holiday".) 6.2. Utilization. Vacation leave shall not be taken in excess of that actually accrued. However, the City Administrator has the discretion to authorize any management employee to take vacation in advance of accrual when warranted by special circumstances. 6.3. Continuous Service. Continuous service, for the purpose of accumulating vacation leave credit, shall be based on the regular paid hours worked by the employee. Time spent by the employee on City-authorized, City-paid absences shall be included as continuous service. Time spent on unpaid absences shall not be counted as service, provided that employees returning from such absences shall be entitled to credit for service prior to the leave. 6.4. Accrual Limitation. Management and Confidential employees are encouraged to take at least 75% of their annual vacation accrual as time off each year. All Management and Confidential employees may elect to receive up to 40 hours as cash on the first paycheck in April each year. The balance not elected for cash payment will be added to their cumulative vacation accrual. In no event shall the employee's total vacation accrual exceed twice the amount of the employee's annual accrual without written approval from the employee's department head. 6.5. Scheduling. Vacation times shall be scheduled based on the City Administrator's PAGE 7-RESOLUTION or department head's judgment as to the needs of efficient operations. 6.6. Payment on Termination. An employee terminated after six-months employment shall be entitled to prorated payment for accrued vacation leave at the rate as of the date of termination. In the event of death, earned but unused vacation leave shall be paid in the same manner as salary due the deceased employee is paid. 6.7. Administrative Leave. Exempt management employees may be granted up to one week of Administrative Leave each July at the discretion of their department head or the City Administrator. The purpose of Administrative Leave is to recognize the extra hours required of exempt managers for which no overtime compensation is afforded. No cash payment will be made for Administrative Leave, and it can only be taken as time off during the year in which it is granted. Administrative Leave must be used by June 30th each year or it will be forfeited. In the event of termination or retirement, no cash payment will be made for Administrative Leave. In the event of a termination, the City may require pro- rated repayment of Administrative leave at the rate of 3.3333 hours for each calendar month remaining in the year after the date of termination. 7. Hours of Work for Confidential Employees. 7.1. Workweek. The workweek, to the extent consistent with operating requirements, shall normally consist of five consecutive days as scheduled by the department heads or other responsible authority. 7.2. Hours. The regular hours of an employee shall be 8 1/2 consecutive hours, including 1/2 hour for a meal period, which shall not be paid. 7.3. Work Schedules. All employees, to the extent consistent with operating requirements, shall be scheduled to work on a regular work shift, and each shift shall have regular starting and quitting times. It shall be the responsibility of the department head to notify employees of their scheduled shifts, workdays, and hours. 7.4. Rest Periods. A rest period of 15 minutes shall be permitted for all employees during each half shift, which shall be scheduled by the City in accordance with its determination as to operating requirements and each employee's duties. 7.5. Meal Periods. To the extent consistent with operating requirements of the respective department, meal periods shall be scheduled in the middle of the work shift. 8. Sick Leave. 8.1. Purpose. Sick leave is provided for the sole purpose of providing financial security to employees and their families. Under no circumstances shall the City grant an employee sick leave with pay for time off from City employment caused PAGE 8-RESOLUTION by sickness or injury resulting from employment other than with the City of Ashland. 8.2. Accumulation. For the purpose stated above, sick leave shall be earned by each employee at the rate of eight hours for each full calendar month of service. As condition precedent to any sick leave payment, sick leave may be taken only for the purposes specified in sections 8.1 and 8.3. The maximum accrual cannot exceed 960 hours. Sick leave shall continue to accrue only during leaves of absence with pay. 8.3. Utilization. Employees may utilize their allowance for sick leave when unable to perform their work duties by reason of illness or injury. In such event, the employee shall notify the department head or City Administrator of absence due to illness or injury, the nature and expected length of the absence, as soon as possible prior to the beginning of the next scheduled regular work shift, unless unable to do so because of the serious nature of injury or illness. For absences longer than 24 hours, employees must notify their department head on a daily basis. At the option of the department head or City Administrator, a doctor's certificate of illness may be required as a pre-requisite for the payment of sick leave. Non-exempt employees may be granted sick leave for doctor or dental appointments at the discretion of the department head. Such time off shall be charged against sick leave time on an hourly basis. All employees covered by this resolution may be granted the use of sick leave for the illness or injury of a family member in accordance with Oregon Family & Medical Leave Act (OFMLA), and/or the Federal Family & Medical Leave Act (FMLA), and/or anyone residing at their place of residence. Use of sick leave to care for ill and injured family members is subject to department head review and applicable City policy. The City may request medical documentation before granting paid sick leave for this purpose. 8.4. Integration with Worker's compensation. When injury occurs in the course of employment, the City's obligation to pay is limited to the difference between any payment received under workers' compensation laws and the employee's regular pay. In such instances, pro-rata charges will be made against accrued sick leave until sick leave is exhausted. Thereafter, the only compensation will be workers' compensation benefits, if any. 8.5. Sick Leave - Without Pay. Sick leave is provided by the city in the nature of insurance against loss of income due to the illness or injury. No compensation for accrued sick leave shall be provided for any employee upon death or termination of employment, except that upon retirement accumulated sick leave will be applied as provided in ORS 238.350. Sick leave shall not accrue during any leave of absence without pay. PAGE 9-RESOLUTION 8.6. Pay for Unused Sick Leave. All Management and Confidential employees may elect to receive 1/3 of their unused annual sick leave accrual (maximum of 32 hours) as cash on their first paycheck in December. If cash payment is not elected, the unused portion of sick leave will be added to cumulative sick leave balance or converted to accrued vacation at the option of the employee. Employees who use 40 hours of sick leave or less in a calendar year shall be entitled to the full cash out as stated in 8.6 above in compliance with Senate Bill 454 which requires all employers to allow employees up to 40 hours of protected sick leave each year. Examples of how the payment for unused sick leave is calculated: Annual Accrual: 96 96 96 96 Sick leave hours used by employee 100 30 10 152 during the year: All employees are entitled to use 40 40 40 40 up to 40 hours without impacting their sick leave incentive. Hours used up to 40/year are 96-100 = -4 + 40 = 36 /3 96-30 = 66 + 30 = 96-10 = 86 + 96-152 = -56 added back for the purpose of = 12 96 /3 = 32 10 = 96/3 = 32 + 40 = -16 /3 calculating the sick leave incentive: = -5.33 Balance that can be cashed out 12 32 32 0 (Max 32): 9. Funeral Leave. An employee may be granted five calendar days' funeral leave with regular pay in the event of death in the immediate family of the employee. An employee's immediate family shall include spouse, parent, children, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparent, grandparent-in- law or other relatives living in the same household. Leave with pay, for up to four hours may be granted when an employee serves as a pallbearer. 10. Other Leaves of Absence 10.1. Criteria and Procedure. Leaves of absence without pay not to exceed 90 calendar days may be granted upon establishment of reasonable justification in instances where the work of the department will not be seriously handicapped by temporary absence of the employee. Requests for such leaves must be in writing. Normally, such leave will not be approved for an employee for the purpose of accepting employment outside the service of the City. 10.2. Jury Duty. Employees shall be granted leave with pay for service upon a jury. Employees may keep any payment for mileage, but all other stipends for service must be paid to the City. Upon being excused from jury service for any day an employee shall immediately contact the supervisor for assignment for the remainder of their regular workday. PAGE 10-RESOLUTION 10.3. Appearances. Leave with pay shall be granted for an appearance before a court, legislative committee, judicial or quasi-judicial body as a witness in response to a subpoena or other direction by proper authority; provided, however, that the regular pay of such employee shall be reduced by an amount equal to any compensation received as witness fees. 10.4. Required Court Appearances. Leaves of absence with pay shall be granted for attendance in court in connection with an employee's officially assigned duties, including the time required for travel to the court and return to the employee's headquarters. 10.5. Family Medical Leave. Leave in accordance with the Federal Family and Medical Leave Act and the Oregon Family Medical Leave Act shall be granted to employees eligible under those acts and for the purposes described in those acts. Leave may be unpaid or paid as provided in these acts. 10.6. Military Leave. Military leave shall be granted in accordance with ORS 408.290. 10.7. Failure to Return from Leave. Any employee who is granted a leave of absence and who, for any reason, fails to return to work at the expiration of said leave of absence, shall be considered as having resigned their position with the City, and the position shall be declared vacated; except and unless the employee, prior to the expiration of the leave of absence, has furnished evidence of not being able to work by reason of sickness, physical disability or other legitimate reason beyond the employee's control. 11. Discipline and Discharge. The following section applies only to those employees subject to this resolution who do not have a written individual employment agreement with the City. 11.1. Discipline. The City shall abide by the legal requirements of due process prior to taking disciplinary action. Disciplinary action may include the following: (a) Oral reprimand (b) Written reprimand (c) Demotion (d) Suspension (e) Discharge Disciplinary action may be imposed upon any employee for failing to fulfill responsibilities as an employee. Conduct reflecting discredit upon the City or department, or which is a direct hindrance to the effective performance of city functions, shall be considered good cause for disciplinary action. Such cause may also include misconduct, inefficiency, incompetence, insubordination, misfeasance, the willful giving of false or confidential information, the withholding of information with intent to deceive PAGE 11-RESOLUTION when making application for employment, willful violation of departmental rules or this management resolution, commission of any matter listed in AMC §3.08.030.6 or for political activities forbidden by state law. 11.2. Discharge. An employee having less than twelve months of continuous service shall serve at the pleasure of the city. An employee having continuous service in excess of twelve months may be discharged only for cause. 11.3. Due Process. Due process procedures shall be followed before a suspension without pay, demotion or discharge is imposed upon an employee. Employees, other than those appointed by the Mayor and confirmed by City Council, may appeal a suspension without pay, demotion or discharge to the City Administrator. The City Administrator's decision shall be final. 12. Probationary Period. 12.1. New Employee Probationary Period. The probationary period is an integral part of the employee selection process and provides the City with the opportunity to upgrade and improve the departments by observing a new employee's work and training, by aiding.new employees in adjusting to their positions, and by providing an opportunity to reject any employee whose work performance fails to meet required work standards. Every new employee shall serve a minimum probationary period of 12 months after which, upon recommendation of the department head, the employee shall be considered a regular employee. The probationary period may be extended upon request of the department head if an adequate determination cannot be made at the end of the probationary period. 12.2. Promotional Probationary Period. An employee promoted into a management or confidential position will be required to serve a six-month promotional probationary period. The City may at any time demote an employee on promotional probationary status to the employee's previous position with or without cause. 13. General Provisions. I 13.1. Non Discrimination. The provisions of this resolution shall be applied equally to all employees without discrimination as to race, color, religion, marital status, age, national origin, sex, sexual orientation or disability. 13.2. Other/Outside Employment. Outside employment shall be permitted only with the express prior written approval of the department head or City Administrator. Such written approval shall be documented in the employee's Personnel File. The general principles to be followed by the City in permitting or restricting such outside employment shall be: PAGE 12-RESOLUTION 1. The need for mentally and physically alert City employees; 2. Insulating employees from potential conflict of interest situations; 3. Maintaining efficiency unimpaired by other employment, particularly for those City positions requiring employees to be available for duty 24 hours a day. In the event the above principles are violated, the department head or City Administrator may revoke previously granted permission to hold outside employment. 13.3. Worker's compensation. All employees will be insured under the provisions of the Oregon State Workers' Compensation Act for injuries received while at work for the City. Compensation paid by the City for a period of sick leave also covered by workers' compensation shall be equal to the difference between the Workers' compensation pay for lost time and the employee's regular pay rate. 13.4. Liability Insurance. The City shall purchase liability insurance in the maximum amounts set forth in ORS 30.270 for the protection of employees against claims against them incurred in or arising out of the performance of their official duties. 14. Compensation 14.1. Pav Periods. Employees shall be paid on a bi-weekly basis, on every other Friday. In the event a regularly scheduled pay date falls on a holiday, the preceding workday shall be the pay date. 14.2. Compensation - Pay Schedule. When any position not listed on the pay schedule is established, the City Administrator shall designate a job classification and pay rate for the position in accordance with sections 3.08.050 and 3.08.070 of the Ashland Municipal Code. 14.3. Overtime. Exempt management employees are expected to devote whatever time is necessary to accomplish their jobs. For all non-exempt employees, the City has the right to assign overtime work as required in a manner most advantageous to the City and consistent with the requirements of municipal service and the public interest. 14.4. Form of Compensation. The City Administrator, City Attorney, department heads and exempt supervisors are not eligible for paid overtime but are allowed compensatory time off at their own discretion depending on the operating requirements of the City. Non-Exempt supervisors and confidential personnel shall be compensated in the form of pay at the rate of time and one-half the regular rate for overtime work, or given equivalent time off at the option of the City. No employee shall have more than 40 hours of compensatory time on the records at any time. PAGE 13-RESOLUTION 14.5. Administration of Pay Plan. Employees shall be entitled to pay in accordance with the current salary resolution. In the event of a vacancy, the City Administrator may appoint a new employee at any appropriate step within the pay range. 14.6 Cost of Living Adjustment (COLA). The salary schedule for all positions covered by this Resolution shall be adjusted annually on July 1, based on the CPI-W U.S. City Average CPI index March-March. 15. Health, Welfare and Retirement. The City agrees to provide health, welfare and retirement benefits in accordance with Appendix "B" for employees subject to this resolution. 16. Compliance with FLSA. This resolution shall be interpreted in a manner to preserve the exempt status of the City's bona fide administrative, executive, and professional employees, as those terms are used in the Federal Fair Labor Standards Act (FLSA). Such exempt employees shall not have their pay docked or reduced in any manner that would be inconsistent with the salary test set forth in the FLSA, and they are not subject to disciplinary suspensions of less than a week except for major safety violations. 17. Effective Date. This resolution shall become effective as of July 01, 2018. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of July, 2018. Melissa Huhtala, City Recorder SIGNED and APPROVED this day of June, 2018. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney PAGE 14-RESOLUTION APPENDIX "A" Classifications in the Management and Confidential Employee Groups EXECUTIVE MANAGEMENT TITLE JOB CLASS 1 City Administrator Exempt 501 2 Assistant City Administrator Exempt 502 3 City Attorney Exempt 502 4 Administrative Services/Finance Director Exempt 504 5 Director Community Development Exempt 504 6 Director Public Works Exempt 504 7 Fire Chief Exempt 504 8 Police Chief Exempt 504 9 Director Electric & Information Technology Exempt 504 10 Director of Human Resources Exempt 504 SUPERVISORY TITLE JOB CLASS EXEMPT SUPERVISORS 1 Elect Operation Superintendent Exempt 511 2 Deputy Fire Chief Exempt 511 3 Deputy Police Chief Exempt 511 4 Assistant City Attorney Exempt 511 5 Assistant to the City Administrator Exempt 511 6 Deputy Public Works Director Exempt 511 7 Deputy Finance Director Exempt 511 8 Fire Division Chief (2) Exempt 503 9 Patrol Lieutenant Exempt 503 10 Public Works Superintendent Exempt 503 11 Building Official Exempt 525 12 Planning Manager Exempt 525 13 AFN Ops Manager Exempt 515 14 Computer Services Manager Exempt 515 15 Management Analyst (vacant) Exempt 521 16 Administrative Services Manager Exempt 521 17 Senior Planner (2) Exempt 526 18 Communications & Civic Engagement Mgr. Exempt 526 19 WW & Water Re-Use Supervisor Exempt 552 20 Water Treatment Plant Supervisor Exempt 552 21 Municipal Court Supervisor (vacant) Exempt 529 NON-EXEMPT SUPERVISORS 1 Police Sergeant (6) Non-Exempt 520 2 GIS Manager Non-Exempt 512 3 Water Quality Distribution Supervisor Non-Exempt 527 4 Senior HR Analyst Non-Exempt 527 5 Senior Accounting Analyst Non-Exempt 527 6 Maintenance/Safety Supervisor Non-Exempt 528 7 Street Supervisor Non-Exempt 528 8 WW Collections Super Non-Exempt 528 9 Development Services Coordinator Non-Exempt 528 PAGE 15-RESOLUTION NON-REPRESENTED NON-SUPERVISORY TITLE JOB CLASS 1 Senior Engineer (vacant) Exempt 543 2 Network Admin. (2) Exempt 549 3 Senior IS Analyst Exempt 549 4 IS Analyst Programmer Exempt 542 5 User Support Coordinator Exempt 542 6 Risk Mgmt Specialist 522 7 Fire Adapted Communities Coord. 522 8 Community Preparedness Coord. 522 CONFIDENTIAL TITLE JOB CLASS 1 Accounting Analyst 541 2 HR Analyst (Vacant) 541 3 Administrative Analyst (3) 541 4 Executive Analyst 541 5 Paralegal 530 6 Fiscal Services Specialist 530 7 Exec. Assistant 534 8 Admin Assistant (5) 535 PAGE 16-RESOLUTION APPENDIX "B" Health, Welfare, and Retirement Benefits The city agrees to provide health, welfare and retirement benefits in accordance with this appendix for employees subject to this resolution. 1. Health Insurance. A. Effective July 1, 2012, the City increased the contribution to HRA VEBA to an amount equal to 2% of salary for each employee covered by this resolution. The City provides medical, dental and vision coverage for employees and their eligible dependents. New employees will begin coverage on the first day of the month after they are hired. The City will pay 95% of the total monthly health premium (Medical, dental and vision), with the employee paying the remaining 5% on a pre-tax basis. The City reserves the right to make funding decisions regarding our health benefit program which may include self-insurance. We will strive to retain equivalent benefit offerings wherever feasible. If the decision is made to self- insure health benefits, management & confidential employees will have a voice regarding changes made to the program through designated representatives on the Employee Health Benefits Advisory Committee (EHBAC). B. Reimbursement for preventative/wellness medical costs as provided in the City's Wellness Program. 2. Life Insurance. Premiums for life insurance for each employee at one times annual salary (Up to a maximum $100,000). 3. Dependent's Life Insurance. Premiums for $1,000 life insurance policy for each qualified dependent of an employee. 4. Retirement. As required by law, the City will contribute to the Oregon State Public Employees Retirement System for each employee. Enrollment will commence six months from the date of employment for new employees, unless that person was in PERS immediately before coming to work for the City. Upon retirement, one-half of unused sick leave earned will be applied to retirement as provided in statute. The City will also assume or pay the employees' contributions for employees at a uniform rate of six percent. 5. Social Secuty ri. Contributions to Social Security as required by law. PAGE 17-RESOLUTION i 6. Medical Insurance for Retirees. All employees retiring from City employment and their eligible dependents will have the option of continued participation in the City's medical insurance program at the same monthly group premium as active employees. The retiree must be actively covered under the City's group plan at the time of retirement to be eligible for continued retiree coverage. Retirees must make their health insurance payment to the City or designated Third Party Administrator as agreed upon each month to continue health coverage. The right to participate and medical coverage ceases when the retiree or his or her eligible dependent(s) become Medicare-eligible at age 65. Any employee retiring in a position covered by this resolution with 15 or more years of consecutive service shall be provided with a payment equivalent to the Blue Cross Preferr Choice 65/ Plan C when he or she reaches age 60. Payments will be made directly to the employee on a quarterly basis. Qualifying employees may elect direct deposit of this payment. No payment will be made after the qualifying employee's death. Any employee hired on or after July 1 2008, or hired into management on or after July 1 , 2008 will not be eligible to receive retiree benefits under this provision. Employees hired on or before June 30, 2008 will continue to be eligible as long as the criteria for benefit eligibility are met. 7. Deferred Compensation. Deferred compensation in the amount of $50.00 per month in matching funds per employee enrolled in a City deferred compensation program. This program is at the option of the employee and contingent upon a minimum $15.00 per month contribution paid by the employee. PAGE 18-RESOLUTION RESOLUTION NO.2012-~. A RESOLUTION OF THE CITY OF ASHLAND CLARIFYING CERTAIN CONDITIONS OF EMPLOYMENT FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES AND REPEALING RESOLUTION 2011-21. RECITALSs: A. The City of Ashland has negotiated collective bargaining agreements with all employees who are members of labor unions; B. The management and confidential employees of the city are not an organized group for the purpose of collectively negotiating the terms and conditions of their employment; and C. It is in the best interest of the city and efficient and effective government to clearly set forth the city's expectations for the performance of its management and confidential employees; THE MAYOR AND COUNCIL RESOLVE AS FOLLOWS: 1. Scope of Resolution. This 2012 resolution shall apply to all management and confidential employees of the City of Ashland as set forth in Appendix "A", dated July 2012. Where the term "employee" is used, it shall mean regular full-time employees, regular part-time employees, and probationary employees as defined in section 2.7. This resolution does not apply to any employee who is a member of any collective bargaining unit. 2. Definitions. 2.1. Confidential employee. As defined in ORS 243.650(6), a confidential employee is one who assists and acts in a confidential capacity to a person who formulates, determines, and effectuates management policies in the area of collective bargaining. Confidential employees are paid hourly for work performed and they are subject to payment for overtime according to the Fair Labor Standards Act. Confidential employee includes those classifications in Appendix "A" under "Confidential." 2.2. Department head. A person directly responsible to the city administrator, mayor or city council for the administration of a department. Department heads are exempt from overtime payment. Department heads include those Management classifications in Appendix "A" under "Department heads." 2.3 Division Supervisor. A person directly responsible to a department head or the Page 1 of 19 City Administrator for the operational functions of a city department or division. Division supervisors are exempt from overtime payment. Division supervisors include those Management classifications in Appendix "A" under "division supervisors." 2.4 Mid-Level Supervisor. A person reporting to a division supervisor or department head who may receive overtime payment for work outside their normal scope and duties. Mid-level supervisory positions require autonomy, independent decision making, planning, and may provide supervision to other personnel. 2.5 Employee. A person in any of the classifications listed in Appendix "A" who has completed the probationary period. 2.6 Management or Manager. Those classifications included in Appendix "A" under the title "Management" including Department Heads, Division Managers and Mid-Level Managers. 2.7 Probationary Employee. A person appointed to a regular position but who has not completed a probationary period during which the employee is required to demonstrate fitness for the position by actual performance of the duties of the position. 2.8 Supervisor. Any person responsible to a higher divisional or departmental level authority who directs the work of others and who is not in a collective bargaining unit. 3. Purpose. The purpose of this resolution is set forth generally in the preamble. More specifically, the resolution has three fundamental purposes: 3.1. To clearly establish which classifications in the city service are management or confidential. 3.2. To clearly set forth the functions of management and to establish criteria for the evaluation of managerial performance. 3.3. To establish the personnel policies governing the conditions of employment of management and confidential employees. 4. Managerial Performance. 4.1. Goal Setting. Basic goals for the City of Ashland are set by the mayor and city council. Resources for achieving those goals are provided via the annual budget. Operational goals and short- range objectives are set by the city administrator working with department heads. The single most important factor in achieving the goals of the City of Ashland is the performance of the city's managers. Page 2 of 19 4.2. Managerial Responsibilities. Each of the city's managers at a minimum have the following responsibilities: 4.2.1. Getting the job done properly and on time, 4.2.2. Keeping the workplace safe and healthy, 4.2.3. Encouraging team work and cooperation among employees and departments, 4.2.4. Developing employee skills, 4.2.5. Keeping records and making reports, and 4.2.6. Actively promoting affirmative action at all levels. 4.3. General Expectations Regarding Management Employees. In addition to the specific performance standards mentioned above, there are also general city expectations of its managers. 4.3.1. Job Commitment. All management employees are expected to have a high degree of commitment to the City of Ashland and to their jobs. When a new manager is hired, the city expects a commitment of continued service of at least three years unless unforeseen circumstances warrant earlier resignation or termination. Management employees are expected to devote whatever hours are, necessary for the accomplishment of their duties as part of their normal work week. Overtime will only be paid as set forth in section 14.3. Consistent with administrative policy, Exempt management employees may flex their schedules at their discretion as long as they exercise judgment so their absence does not unreasonably interfere with the city's operations. In the event of voluntary termination, management employees are expected to give a minimum of 30 calendar days notice in order to give the city adequate time to recruit a qualified replacement. 4.3.2. Professi6nalism. Management employees are expected to maintain the standards of their individual profession. This includes remaining current with new developments, maintaining memberships in professional societies, and attending meetings with professionals in their field. Where professionals have codes of ethics or standards of performance, these should also be followed in the manager's work for the City of Ashland. 4.3.3. Termination. If at any time a manager's performance is deemed unacceptable, the city administrator or appropriate department head may ask for the employee's resignation. In most cases, reasonable time will be given to the employee to find other suitable employment. The city may provide severance pay in the event of resignation or involuntary termination. Page 3 of 19 4.3.4. Residency. Residency within the Urban Growth Boundary is strongly encouraged for the city administrator and for department heads. Existing City employees promoted into the position of Department Head will not be required to move as a result of a promotion, but are strongly encouraged to move within the Urban Growth Boundary once appointed as a Department Head. The followingjob classifications shall establish their residence to enable them to report for emergency duty within 40 minutes of notification including "get ready" and travel time: Public Works Superintendent Street Supervisor Wastewater and Reuse Supervisor Water Quality and Distribution Supervisor Water Treatment Plant Supervisor Electric Operations Superintendent Fire Division Chief (EMS, Fire and Life Safety and Operations Divisions) Deputy Police Chief/Lieutenant Police Sergeant Computer Services Manager AFN Operations Manager Network Administrator Senior Information Systems Analyst Information Systems Analyst/Programmer . User Support Coordinator Maintenance and Safety Supervisor Telecommunications Technician' Residence shall be established by new employees in these classifications within these boundaries or limitations within a period of twelve months of hire or promotion. Department Heads may identify other positions which require emergency response within 40 minutes to meet operational requirements. 4.4. Essential Management Functions. The following are the essential functions of all city management positions and the expected standards for their performance: 4.4.1. Planning. Anticipates future needs and makes plans for meeting them; recognizes potential problems and develops strategies for averting them; makes long and short range plans to accomplish city.and/or departmental goals. , 4.4.2. Organizing. Efficiently and economically organizes and carries out Page 4 of 19 assigned operations; carves out responsibilities in a sound and logical manner; operates the unit smoothly and in a well organized manner; effectively delegates authority and establishes appropriate work rules. 4.4.3. Coordinating. Coordinates all activities related to work objectives; maintains coordination and cooperation with other departments and divisions; maintains good communication with employees; and allows employees to make significant contributions to the accomplishment of objectives. 4.4.4. Leadership Motivation. Creates a climate providing challenge and motivation to employees. 4.4.5. Decision Making/Problem Solving. Analyzes situations and problems, weighs the pros and cons of alternative solutions, exercises logical thinking and good judgment, is creative, and is able to make decisions. 4.4.6. Employee Relations. Equitably adjusts grievances among subordinate employees, properly administers union agreements, and administers discipline in a fair and progressive manner; trains and develops subordinate employees. 4.4.7. Public Relations. Maintains a high level of contact with the public, maintains a sensitivity to the public's needs, and meets the needs of the public within available resources. 4.4.8. Budgeting. Prepares operational and capital budgets to meet the public's needs, and expends funds within adopted budgeted limits. 4.4.9. Safety. Maintains a safe, clean, pleasant work environment, and supports the city's overall safety program. 4.4.10. Self Development. Stays current with new ideas and procedures in the manager's field of responsibility. 4.4.11. Affirmative Action. Actively supports and implements Affirmative Action within the manager's area of responsibility, including the hiring and promotion of women, minorities, and the disabled. Is sensitive to sexual harassment in the workplace and enforces the City's Harassment and Non-discrimination policy in their area of responsibility. 4.4.12.Adherence to City Policies. Ensures that work activities are performed in conformance with requirements of the Ashland Municipal Code and adopted administrative policies. 5. Holidays. Recognized holidays are set forth in AMC §3.08.080. For convenience they Page 5 of 19 are listed here: New Years Day (January 1) Martin Luther King Day (3rd Monday in January) Washington's Birthday (3rd Monday in February) Memorial Day (last Monday in May) Independence Day (July 4) Labor Day (1st Monday in September) Veteran's Day (November 1 1) Thanksgiving Day (4th Thursday in November) Day after Thanksgiving (in lieu of Lincoln's birthday) Christmas Day (December 25) 5.1. Police Sergeants shall receive paid compensation in addition to regular salary for each of the holidays listed above, in lieu of time off consistent with what is afforded other law enforcement officers of the City of Ashland. This shall be paid on the first payday in December of each year. Newly-hired Police Sergeants shall receive this paid compensation pro-rated from the date of hire. In the event that a Sergeant terminates employment for any reason, they will receive pay only for the holidays which have elapsed that calendar year. If more holidays have been taken as time off than have actually occurred at the time of termination, those hours overpaid will be deducted from the employee's final paycheck unless other arrangements are made to repay the City. 5.2. If an employee is on authorized vacation, or other leave with pay when a holiday occurs, such holiday shall not be charged against such leave. 5.3 Employees working an alternate work schedule will receive compensation for 8 hours. Employees working four 10-hour days will receive (8) hours compensation for any holiday that falls in their regular work day. Employees may use accrued vacation or compensatory time (if applicable) to make up the extra two hours, or they may be permitted to flex their schedule during a week which contains a holiday to ensure they receive full pay. In no event shall an exempt employee receive pay for more than 40 hours/week due to a holiday or alternate work schedule arrangement. 6. Vacations for Management and Confidential Employees. 6.1. Eligibility. Management employees shall be eligible for vacation with pay in accordance with the following sections: 6.1.1. Employees with less than four full years of continuous service shall accrue 8.67 hours of vacation for each calendar month of service worked. 6.1.2. Employees with more than four but less than nine full years of continuous service shall accrue 10.67 hours of vacation credit for each calendar month Page 6 of 19 of service. 6.1.3. Employees with more than nine but less than 14 full years of continuous service shall accrue 12.67 hours of vacation credit for each calendar month of service. 6.1.4. Employees with more than 14 but less than 19 full years of continuous service shall accrue 14 hours of vacation credit for each calendar month of service. 6.1.5. Employees with more than 19 but less than 24 full years of continuous service shall accrue 15.34 hours of vacation credit for each calendar month of service 6.1.6. Employees with more than 24 full years of continuous service shall accrue 17.34 hours of vacation credit for each calendar month of service (NOTE: The above schedule includes one day of leave which was previously designated as "birthday holiday".) 6.2. Utilization. Vacation leave shall not be taken in excess of that actually accrued. However, the city administrator has the discretion to authorize all management employees to take vacation in advance of accrual when warranted by special circumstances. 6.3. Continuous Service. Continuous service, for the purpose of accumulating vacation leave credit, shall be based on the regular paid hours worked by the employee. Time spent by the employee on city-authorized, city-paid absences shall be included as continuous service. Time spent on unpaid absences shall not be counted as service, provided that employees returning from such absences shall be entitled to credit for service prior to the leave. 6.4. Accrual Limitation. Management and Confidential employees are required to take at least 75% of their annual vacation accrual as time off each year. All Management and Confidential employees may elect to receive up to 40 hours as cash on the first paycheck in April each year. The balance not elected for cash payment will be added to their cumulative vacation accrual. In no event shall the employee's total vacation accrual exceed twice the amount of the employee's annual accrual without written approval from their Department Head. 6.5. Scheduline. Vacation times shall be scheduled based on the city administrator's or department head's judgement as to the needs of efficient operations. 6.6. Payment on Termination. An employee terminated after six-months employment shall be entitled to prorated payment for accrued vacation leave at the rate as of the date of termination. In the event of death, earned but unused vacation leave Page 7 of 19 shall be paid in the same manner as salary due the deceased employee is paid. 6.7. Administrative Leave. Exempt management employees may be granted W to one week of Administrative Leave each July at the discretion of their department head or the City Administrator. The purpose of Administrative Leave is to recognize the extra hours required of exempt managers for which no overtime compensation is afforded. No cash payment will be made for Administrative Leave, and it can only be taken as time off during the year in which it is granted. Administrative Leave must be used by June 30`h each year or it will be deemed forfeited. In the event of termination or retirement, no cash payment will be made for Administrative Leave. In the event of a termination, the City may require pro- rated repayment of Administrative leave at the rate of 3.3333 hours for each calendar month remaining in the year after the date of termination. 7. Hours of Work for Confidential Employees. 7.1. Workweek. The workweek, to the extent consistent with operating requirements, shall normally consist of five consecutive days as scheduled by the department heads or other responsible authority. 7.2. flours. The regular hours of an employee shall be 8 1/2 consecutive hours, including 1/2 hour for a meal period, which shall not be paid. 7.3. Work Schedules. All employees, to the extent consistent with operating requirements, shall be scheduled to work on a regular work shift, and each shift shall have regular starting and quitting times. It shall be the responsibility of the department head to notify employees of their scheduled shifts, workdays, and hours. 7.4. Rest Periods. A rest period of 15 minutes shall be permitted for all employees during each half shift, which shall be scheduled by the city in accordance with its determination as to the operating requirements and each employee's duties. 7.5. Meal Periods. To the extent consistent with operating requirements of the respective department, meal periods shall be scheduled in the middle of the work shi ft. 8. Sick Leave. 8.1. Purpose. Sick leave is provided for the sole purpose of providing financial security to employees and their families. Under no circumstances shall the city grant an employee sick leave with pay for time off from city employment caused by sickness or injury resulting from employment other than with the City of Ashland. 8.2. Accumulation. Sick leave shall be earned for the purpose stated by each employee Page 8of19 at the rate of eight hours for each full calendar month of service. Sick leave must be taken for the purposes specified in section 8.3 as condition precedent to any sick leave payment. The maximum accrual cannot exceed 960 hours. Sick leave shall continue to accrue only during leaves of absence with pay. 8.3. Utilization. Employees may utilize their allowance for sick leave when unable to perform their work duties by reason of illness or injury. In such event, the employee shall notify the department head or city administrator of absence due to illness or injury, the nature and expected length of the absence, as soon as possible prior to the beginning of the next scheduled regular work shift, unless unable to do so because of the serious nature of injury or illness. For absences longer than 24 hours, employees shall notify their department head on a daily basis. At the option of the department head or city administrator, a doctor's certificate of illness may be required as a pre-requisite for the payment of sick leave. Non-exempt employees may be granted sick leave for doctor or dental appointments at the discretion of the department head. Such time off shall be charged against sick leave time on an hourly basis. All employees covered by this resolution maybe granted the use of sick leave for the illness or injury of a family member in accordance with Oregon Family & Medical Leave Act (OFMLA), and/or the Federal Family & Medical Leave Act (FMLA), and/or anyone residing at their place of residence. Use of sick leave to care for ill and injured family members is subject to department head review and applicable City policy. The City may request medical documentation before granting paid sick leave for this purpose. 8.4. Integration with Worker's compensation. When injury occurs in the course of employment, the city's obligation to pay is limited to the difference between any payment received under workers' compensation laws and the employee's regular pay. In such instances, prorata charges will be made against accrued sick leave until sick leave is exhausted. Thereafter, the only compensation will be workers' compensation benefits, if any. 8.5. Sick Leave - Without Pay. Sick leave is provided by the city in the nature of insurance against loss of income due to the illness or injury. No compensation for accrued sick leave shall be provided for any employee upon death or termination of employment, except that upon retirement accumulated sick leave will be applied as provided in ORS 238.350. Sick leave shall not accrue during any leave of absence without pay. 8.6. Pay for Unused Sick Leave. All Management and Confidential employees may elect to receive 1/3 of their unused annual sick leave accrual (maximum of 32 hours) as cash on their first paycheck in December. If cash payment is not elected, the unused portion of sick leave will be added to cumulative sick leave balance or converted to accrued vacation at the option of the employee. Page 9 of 19 9. Funeral Leave. An employee may be granted five calendar days funeral leave with regular pay in the event of death in the immediate family of the employee. An employee's immediate family shall include spouse, parent,. children, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparent, grandparent-in-law or other relatives living in the same household. Leave with pay, for. up to four hours may be granted when an employee serves as a pallbearer. 10. Other Leaves of Absence 10.1. Criteria and Procedure. Leaves of absence without pay not to exceed 90 calendar days may be granted upon establishment of reasonable justification in instances - where the work of the department will not be seriously handicapped by temporary absence of the employee. Requests for such leaves must be in writing. Normally, such leave will not be approved for an employee for the purpose of accepting employment outside the service of the city. 10.2. Jury Duty. Employees shall be granted leave with pay for service upon a jury. Employees may keep any payment for mileage, but all other stipends for service must be paid to the City. Upon being excused from jury service for any day an employee shall immediately contact the supervisor for assignment for the remainder of their regular workday. 10.3. Appearances. Leave with pay shall be granted for an appearance before a court, legislative committee, judicial or quasi-judicial body as a witness in response to a subpoena or other direction by proper authority; provided, however, that the regular pay of such employee shall be reduced by an amount equal to any compensation received as witness fees. 10.4. Required Court Appearances. Leaves of absence with pay shall be granted for attendance in court in connection with an employee's officially assigned duties, including the time required for travel to the court and return to the employee's headquarters. 10.5. Family Medical Leave. Leave in accordance with the Federal Family and Medical Leave Act and the Oregon Family Medical Leave Act shall be granted to employees eligible under those acts *and for the purposes described in those acts. Leave may be unpaid or paid as provided in these acts. 10.6. Military Leave. Military leave shall be granted in accordance with ORS 408.290. 10.7. Failure to Return from Leave. Any employee who is granted a leave of absence and who, for any reason, fails to return to work at the expiration of said leave of absence, shall be considered as having resigned their position with the city, and the position shall be declared vacated; except and unless the employee, prior,to the expiration of the leave of absence, has furnished evidence of not being able to Page 10 of 19 work by reason of sickness, physical disability or other legitimate reason beyond the employee's control. 11. Discipline and Discharge. The following section applies only to those employees subject to this resolution who do not have a written individual employment agreement with the city. 11.1. Discipline. The city shall abide by the legal requirements of due process prior to taking disciplinary action. Disciplinary action may include the following: (a) Oral reprimand (b) Written reprimand (c) Demotion (d) Suspension (e) Discharge Disciplinary action may be imposed upon any employee for failing to fulfill responsibilities as an employee. Conduct reflecting discredit upon the city or department, or which is a direct hindrance to the effective performance of city functions, shall be considered good cause for disciplinary action. Such cause may also include misconduct, inefficiency, incompetence, insubordination, misfeasance, the willful giving of false or confidential information, the withholding of information with intent to deceive when making application for employment, willful violation of departmental rules or this management resolution, commission of any matter listed in AMC §3.08.030.B or for political activities forbidden by state law. 11.2. Discharge. An employee having less than twelve months of continuous service shall serve at the pleasure of the city. An employee having continuous service in excess of twelve months shall be discharged only for cause. 11.3. Due Process. Due process procedures shall be followed before a suspension without pay, demotion or discharge is imposed upon an employee. Employees, other than those appointed by mayor and city council, may appeal a suspension without pay, demotion or discharge to the city administrator. The city administrator's decision shall be final. 12. Probationary Period. 12.1. New Employee Probationary Period. The probationary period is an integral part of the employee selection process and provides the city with the opportunity to upgrade and improve the departments by observing a new employee's work, training, aiding new employees in adjustment to their positions, and by providing an opportunity to reject any employee whose work performance fails to meet required work standards. Every new employee shall serve a minimum probationary period of 12 months after which, upon recommendation of the Page 11 of 19 department head, the employee shall be considered a regular employee. The probationary period may be extended upon request of the department head if an adequate determination cannot be made at the end of the probationary period. 12.2. Promotional Probationary Period. An employee promoted into a management or confidential position will be required to serve a six-month promotional probationary period. The city may at any time demote an employee on promotional probationary status to their previous position with or without cause. I 13. General Provisions. 13.1. Non Discrimination. The provisions of this resolution shall be applied equally to all employees without discrimination as to race, color, religion, marital status, age, national origin, sex, sexual orientation or disability. I 13.2. Other/Outside Employment. Outside employment shall be permitted only with the express prior written approval of the department head or City Administrator. Such written approval shall be documented in the employee's Personnel File. The general principles to be followed by the City in permitting or restricting such outside employment shall be: 1. The need for mentally and physically alert City employees; 2. Insulating employees from potential conflict of interest situations; 3. Maintaining efficiency unimpaired by other employment, particularly for those city positions requiring employees to be available for duty 24 hours a day. In the event that the above principles are violated, the department head or City Administrator may revoke previously granted permission to hold outside employment. 13.3. Workers compensation. All employees will be insured under the provisions of the Oregon State Workers' Compensation Act for injuries received while at work for the city. Compensation paid by the city for a period of sick leave also covered by workers' compensation shall be equal to the difference between the Workers' compensation pay for lost time and the employee's regular pay rate. 13.4. Liability Insurance. The city shall purchase liability insurance in the maximum amounts set forth in ORS 30.271 for the protection of employees against claims against them incurred in or arising out of the performance of their official duties. 14. Compensation 14.1. Pay Periods. Employees shall be paid on a bi-weekly basis, on every other Friday. In the event a regularly scheduled pay date falls on a holiday, the preceding workday shall be the pay date. Page 12 of 19 14.2. Comoensation - Pay Schedule. Employees shall be compensated in accordance with the pay schedule adopted by resolution of the City Council. When any position not listed on the pay schedule is established, the City Administrator shall designate a job classification and pay rate for the position in accordance with sections 3.08.050 and 3.08.070 of the Ashland Municipal Code. 14.3. Overtime. Exempt management employees are expected to devote whatever time is necessary to accomplish their job. For all non-exempt employees, the city has the right to assign overtime work as required in a manner most advantageous to the city and consistent with the requirements of municipal service and the public interest. 14.4. Form of Compensation. The City Administrator, City Attorney, department heads and division supervisors are not eligible for paid overtime but are allowed compensatory time off at their own discretion depending on the operating requirements of the city. Mid-Level supervisors and confidential personnel shall be compensated in the form of pay at the rate of time and one-half the regular rate for overtime work or given equivalent time off at the option of the city. No employee shall have more than 40 hours of compensatory time on the records at any time. 14.5. Administration of Pay Plan. Employees shall be entitled to pay in accordance with the current salary resolution. In the event of a vacancy, the City Administrator may appoint a new employee at any appropriate step within the pay range. 15. Health, Welfare and Retirement. The city agrees to provide health, welfare and retirement benefits in accordance with Appendix "B" for employees subject to this resolution. 16. Compliance with FLSA. This resolution shall be interpreted in a manner to preserve the exempt status of the city's bona fide administrative, executive, and professional employees, as those terms are used in the Federal Fair Labor Standards Act (FLSA). Such exempt employees shall not have their pay docked or reduced in any manner that would be inconsistent with the salary test set forth in the FLSA and they are not subject to disciplinary suspensions of less than a week except for major safety violations. 17. Effective Date. This resolution shall become effective as of July 01, 2012. Page 13 of 19 This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this __L7 - day of Aerie, 2012. Barbara Christensen, City Recorder SIGNED and APPROVED this A- day of June, 2012. Jo n Strom berg, Mayor ! IL Reviewed as to form: .tom ~ avid Lo an, City Attorney I Page 14 of 19 APPENDIX "A" Classifications in the Management and Confidential Employee Groups EXECUTIVE MANAGEMENT City Administrator Exempt Assistant City Administrator Exempt City Attorney Exempt Police Chief Exempt IT/Electric Utility Director Exempt Administrative Services/Finance Director Exempt Fire Chief Exempt Public Works Director Exempt Community Development Director Exempt DIVISION SUPERVISORS. Electric Operations Superintendent Exempt Deputy Police Chief Exempt Fire Division Chief (EMS, Fire & Life Safety and Operations Divisions) Exempt Human Resource Manager Exempt Planning Manager Exempt Building Official Exempt Public Works Superintendent Exempt Engineering Services Manager Exempt Computer Services Manager Exempt AFN Operations Manager Exempt Accounting Manager Exempt Municipal Court Supervisor Exempt MID-LEVEL SUPERVISORS Assistant City Attorney Exempt Senior Information Systems Analyst Exempt Information Systems Analyst/Programmer Exempt Page 15 of 19 Network Administrator Exempt Senior Planner Exempt Senior Engineer Exempt Management Analyst Exempt Police Sergeant Non-Exempt Water Treatment Plant Supervisor Non-Exempt Water Quality and Distribution Supervisor Non-Exempt Wastewater & Water Reuse Supervisor Non-Exempt Street Supervisor Non-Exempt GIS Manager Non-Exempt Forest Resource Specialist Non-Exempt Maintenance Safety Supervisor Non-Exempt Customer Service Supervisor Non-Exempt Financial Analyst Non-Exempt Accounting Analyst Non-Exempt Risk Management Specialist Non-Exempt User Support Coordinator Non-Exempt Telecommunications Technician Non-Exempt Administrative Supervisor Non-Exempt CERT Program Coordinator Non-Exempt CONFIDENTIAL Paralegal Non-Exempt Executive Secretary Non-Exempt Human Resource Assistant Non-Exempt Legal Secretary Non-Exempt Administrative Assistant Non-Exempt Receptionist Non-Exempt Page 16 of 19 APPENDIX "B" Health, Welfare, and Retirement Benefits The city agrees to provide health, welfare and retirement benefits in accordance with this appendix for employees subject to this resolution. 1. Health Insurance. A. Effective August 1, 2008, the City implemented a Preferred Provider option of the existing health plan, Blue Cross/Blue Shield medical Plan V-A. Effective January 1, 2009, the City implemented a change to Blue Cross/Blue Shield medical Plan V-B Preferred Provider Option with a $200 Deductible. The City established an HRA VEBA for each employee covered by this resolution and began contributing I% of salary for the employee to coincide with the January 1, 2009 medical plan change. Effective April 1, 2011, the City implemented a change in health benefit providers to Pacific Source Health Care. The Plan was underwritten to provide the same benefit levels as our previous health plan (Blue Cross/Blue Shield medical Plan V-B Preferred Provider Option with a $200 Deductible). The City implemented a change to Pacific Source Vision coverage and employees will be offered the choice of two dental plans-Pacific Source incentive dental which matches the previous ODS Dental Plan, and Willamette Dental Plan. Effective July 1, 2012, the City increased the contribution to HRA VEBA to an amount equal to 2% of salary for each employee covered by this resolution. The City provides medical, dental and vision coverage for employees and their eligible dependents. New employees will begin coverage on the first day of the month after they are hired. The City will pay 95% of the total monthly health premium (Medical, dental and vision), with the employee paying the remaining 5% on a pre-tax basis. The City reserves the right to make funding decisions regarding our health benefit program which may include self-insurance. We will strive to retain equivalent benefit offerings wherever feasible. If the decision is made to self-insure health benefits, management & confidential employees will have a voice regarding changes made to the program through designated representatives on the Benefits Advisory Committee. B. Reimbursement for preventative/wellness medical costs as provided in the city's Wellness Program. Page 17 of 19 APPENDIX "B" Health, Welfare & Retirement Benefits Pape: Two 2. Life Insurance. Premiums for the League of Oregon Cities life insurance policy for each employee at one times annual salary. 3. Dependent's Life Insurance. Premiums for the League of Oregon Cities $1,000 life insurance policy for each qualified dependent of an employee. 4. Retirement. As required by law, the city will contribute to the Oregon State Public Employees Retirement System for each employee. Enrollment will commence six months from the date of employment for new employees, unless that person was in PERS immediately before coming to work for the city. Upon retirement, one-half of unused sick leave earned will be applied to retirement as provided in statute. The city will also assume or pay the employees' contributions required by ORS 237.071 for employees at a uniform rate of six percent. 5. Social Security. Contributions to Social Security as required by law. 6. Medical Insurance for Retirees. All employees retiring from city employment and their eligible dependents will have the option of continued participation in the city's medical insurance program at the same monthly group premium as active employees. The retiree must be actively covered under the city's group plan at the time of retirement to be eligible for continued retiree coverage. Retirees must make their health insurance payment to the city on or before the 15'h of the month prior to the covered month to continue health coverage. The right to participate and medical coverage ceases when the retiree or their eligible dependent(s) become Medicare-eligible at age 65. Any employee retiring in a position covered by this resolution who has 15 or more years of service and who is Medicare-eligible at the time of retirement, shall be provided with Blue Cross Preferred Choice 65/ Plan C, or equivalent plan selected by the city. The city will pay the premium for the retiree. The retiree must have been participating in the city's group plan at the time of retirement to be eligible for this benefit. Early retirees who retire in a position covered by this resolution, and have 15 or more years of service, and are at least age 60 at retirement shall receive a monthly check equal to the amount paid for Blue Cross Preferred Choice 65/Plan C,-or equivalent plan selected by the city, until they become eligible for Medicare at age 65. The retiree must elected continued retiree coverage under the city's group plan to be eligible for this benefit. Once the retiree turns 65 and establishes Medicare eligibility, the city will pay the premium directly to Blue Cross Preferred Choice 65/Plan C or the equivalent plan selected by the city, on the retiree's behalf. Page 18 of 19 APPENDIX "B" Health, Welfare & Retirement Benefits Page: Three Any employee hired on or after July 1, 2008, or hired into management on or after July 1, 2008 will not be eligible to receive retiree benefits under this provision. Employees hired on or before June 30, 2008 will continue to be eligible as long as the criteria for benefit eligibility are met., 7. Deferred Compensation. Deferred compensation in the amount of $40.00 per month in matching funds per employee enrolled in a city deferred compensation program. This program is at the option of the employee and contingent upon a minimum $15.00 per month contribution paid by the employee. ~I Page 19 of 19 City of Ashland Non Represented Employee Salary Schedule for 2017-2018 Updated 114/18 77, 7120 6 - 27,:, f_ ,t„ t P2017 - - - t I ~ 1010 Group/BU Code Grade 501 EXE MGMT 1 Step 0 - First 6 Months 5 g Grade 501 EXE MGMT 1 Step 0 -First 6 Months $63.7273' 511.046.04 $132.552 Positions in this grade: Step 1 - Next 12 Months $65.6016 $11,370.92 $136,451 Positions in this grade: Step 1 - Next 12 Months $66.9136 $11,598.34 $139,180 City Administrator (1) Step ,2 - Next 12 Months $68.8816 $11,939.45 $143,273 City Administrator (1) Step 2 - Next 12 Months $70.2592 $12,178.24 $146,139 Step 3 - Next 12 Months $72.3257 $12,536.43 $150,437 Step 3 - Next 12 Months $73.7722 $12,787.16 $153,446 Step 4 -Thereafter $75.9421 $13,163.27 $157,959 Step 4 - Thereafter $77.4609 $13,426.54 $161,118 Grade = 502 EXE MGMT 2 Step 0 - First 6 Months $51.4006 $8,909.42 $106,913 Grade = 502 EXE MGMT 2 Step 0 - First 6 Months $52.4286 $9,087.61 $109,051 Positions in this grade: Step 1 - Next 12 Months $53.9706 $9,354.89 $112,259 Positions in this grade: Step 1 - Next 12 Months $55.0500 $9,541.98 $114,504 City Attorney (1); Step 2 - Next 12 Months $56.6691 $9,82263 $117,872 City Attorney (1 is Step 2 - Next 12 Months $57.8025 $10,019.08 $120,229 Assistant City Administrator (1) Step 3 - Next 12 Months $59.5025 $10,313.75 $123,765 Assistant City Administrator ('I t Step 3 - Next 12 Months $60.6926 $10,520.02 $126,240 Step 4 - Next 12 Months $62.4777 $10,829.45 $129,953 Step 4 - Next 12 Months $63.7273 $11,046.04 $132,552 Step 5 - Next 12 Months $64.0397 $11,100.19 $133,202 Step 5- Next 12 Months $65.3205 $11,322.20 $135,866 Step 6 - Next 12 Months $65.6406 $11,377.68 $136,532 Step 6- Next 12 Months $66.9534 $11,605.24 $139,263 Step 7 - Next 12 Months $67.2817 $11,662.14 $139,946 Step 7 - Next 12 Months $68.6273 $11,895.38 $142,745 Step 8 - Thereafter $68.9637 $11,953.69 $143,444 Step 8 - Thereafter $70.3430 $12,192.76 $146,313 Grade = 504 EXE MGMT 3 Step 0 - First 6 Months $46.6218 $8,081.10 $96,973 Grade = 504 EXE MGMT 3 Step 0 - First 6 Months $47.5542 $8,242.72 $98,913 Positions in this grade: Step 1 -Next 12 Months $48.9529 $8,485.15 $101,822 Positions in this grade: Step 1 - Next 12 Months $49.9320 $8,654.86 $103,858 Fire Chief (1) Step 2 - Next 12 Months $51.4006 $8,909.42 $106,913 Fire Chief (1) Step 2 - Next 12 Months $52.4286 $9,087.61 $109,051 Police Chief (1) Step 3 - Next 12 Months $53.9706 $9,354.89 $112,259 Police Chief (1) Step 3- Next 12 Months $55.0500 $9,541.98 $114,504 Director of Public Works (1) Step 4 - Next 12 Months $56.6691 $9,822.63 $117,872 Director of Public Works t 1 j Step 4 - Next 12 Months $57.8025 $10,019.08 $120,229 Director of IT & Electric (1) Step 5 - Next 12 Months $58.0859 $10,068.20 $120,818 Director of IT & Electric (1) Step 5 - Next 12 Months $59.2476 $10,269.57 $123,235 Director of Community Development Step 6 - Next 12 Months $59.5380 $10,319.90 $123,839 Director of Community Dev. (1) Step 6 - Next 12 Months $60.7288 $10,526.30 $126,316 Director of Administrative Services ( Step 7 -Next 12 Months $61.0264 $10,577.69 $126,935 Director of Admin Services (1) Step 7 -Next 12 Months $62.2469 $10,789.45 $129,473 Director of HR (1) Step 8 -Thereafter $62.5521 $10,842.34 $130,108 Director of HR (1) Step 8 - Thereafter $63,6031 $11,059.19 $132,710 X.\PERSONNEL INFORMATION\Salary Schedules\EFFECTIVE Jan 1, 2018\7.1.17 Management & Confidential 2% COLA + edits.xism 1/4/2018, 10:32 AM City of Ashland Non Represented Employee Salary Schedule for 2017-2018 Updated 1/4/18 Effective 7/1/2016 - 2% COLA Effective 7/112017 - 21", COLA EXEMPT • SUPERVISORS - All Job Classes are Exempt Groui Code 1020 Hourly Monthly Annual Grotil Code 1020 Hourly Monthly Annual Grade = 511 EXP SUP 2 Step 0 - First 6 Months $42.2996 $7,331.92 $87,983 Grade = 511 EXP SUP 2 Step 0 - First 6 Months $43.1456 $7,478.55 S89,743 Positions in this grade: Step 1 - Next 12 Months $44.4154 $7,698.65 $92,384 Positions in this grade: Step 1 - Next 12 Months $45.3037 $7,852.63 $94,232 Electric Ops Superintendent (1) Step 2 - Next 12 Months $46.6354 $8,083.45 $97,001 Electric Ops Superintendent (1) Step 2 - Next 12 Months $47.5681 $8,245.12 $98,941 Deputy Police Chief (1) Step 3 - Next 12 Months $48.9671 $8,487.61 $101,851 Deputy Police Chief (1) Step 3 - Next 12 Months $49.9464 $8,657.37 $103,888 Deputy Fire Chief (1) Step 4 - Thereafter $51.4154 $8,911.99 $106,944 Deputy Fire Chief (1) Step 4 - Thereafter $52.4437 $9,090.23 $109,083 Assistant to City Administrator (1) Asst to City Administrator (1) Assistant City Attorney (1) Deputy Finance Director Deputy Public Works Director (1) Grade = 503 EXP SUP 3 Step 0 - First 6 Months $40.2854 $6,982.79 $83,793 Grade = 503 EXP SUP 3 Step 0 - First 6 Months $41.0911 $7,122.45 $85,469 Positions in this grade: Step 1 - Next 12 Months $42.2996 $7,331.92 $87,983 Positions in this grade: Step 1 - Next 12 Months $43.1456 $7,478.55 $89,743 EMS Division Chief (1) Step 2 - Next 12 Months $44.4154 $7,698.65 $92,384 EMS Division Chief (1) Step 2 - Next 12 Months $45.3037 $7,852.63 $94,232 Fire & Life Safety Division Chief (1) Step 3 - Next 12 Months $46.6354 $8,083.45 $97,001 Fire & Life Safety Div Chief (10 Step 3 - Next 12 Months $47.5681 $8,245.12 $98,941 AFR Division Chief (1) Step 4 - Thereafter $48.9671 $8,487.61 $101,851 AFR Division Chief (1) Step 4 - Thereafter $49.9464 $8,657.37 $103,888 Public Works Superintendent (1) Public Works Superintend (1) Engineering Services Mgr. (1) Engineering Services Mgr. Police Lieutenant (1) Polie Lioutenari Grade = 525 EXP SUP 4 Step 0 - First 6 Months $38.3670 $6,650.27 $79,803 Grade = 525 EXP SUP 4 Step 0 - First 6 Months $39.1343 $6,783.27 $81,399 Positions in this grade: Step 1 -Next 12 Months $40.2853 $6,982.77 $83,793 Positions in this grade: Step 1 - Next 12 Months $41.0910 $7,122.43 $85,469 Building Official (1) Step 2 - Next 12 Months $42.2996 $7,331.92 $87,983 Building Official (1) Step 2 - Next 12 Months $43.1456 $7,478.55 $89,743 Planning Manager (1) Step 3 - Next 12 Months $44.4154 $7,698.65 $92,384 Planning Manager (1) Step 3 - Next 12 Months $45.3037 $7,852.63 $94,232 Assistant City Attorney (1) Step 4 - Thereafter $46.6354 $8,083.45 $97,001 Assistant City Attorney (1) Step 4 - Thereafter $47.5681 $8,245.12 $98,941 Grade = 515 EXP SUP 5 Step 0 - First 6 Months $36.5406 $6,333.69 $76,004 Grade = 515 EXP SUP 5 Step 0 - First 6 Months $37.2714 $6,460.37 $77,524 Positions in this grade: Step 1 - Next 12 Months $38.3670 $6,650.27 $79,803 Positions in this grade: Step 1 - Next 12 Months $39.1343 $6,783.27 $81,399 Accounting Manager (1); Step 2 - Next 12 Months $40.2853 $6,982.77 $83,793 Accounting Manager (1); Step 2 - Next 12 Months $41-0910 $7,122.43 $85,469 Public Works Superintendent (1) Step 3 - Next 12 Months $42.2996 $7,331.92 $87,983 AFN Operations Mgr. (1) Step 3 - Next 12 Months $43.1456 $7,478.55 $89,743 Engineering Services Mgr. (1) Step 4 - Thereafter $44A154 $7,698.65 $92,384 Computer Svcs Manager (1) Step 4 - Thereafter $45.3037 $7,852.63 $94,232 AFN Operations Mgr. (1) Computer Services Manager (1) X.\PERSONNEL INFORMATION\Salary Schedules\EFFECTIVE Jan 1, 2018\7.1.17 Management & Confidential 2% COLA + edits.xlsm 1/4/2018, 10:32 AM City of Ashland Non Represented Employee Salary Schedule for 2017-2018 Updated 1/4/18 r' Step 0 -First 6 Months $33.1435 $5,744.86 $68,938 st Step 0 -First 6 Months $33.8064 $5,859.76 $70,317 Positions in this grade: Step 1 - Next 12 Months $34.8006 $6,032.09 $72,385 Positions in this grade: Step 1 - Next 12 Months $35.4966 $6,152.73 $73,833 Management Analyst (2) Step 2 - Next 12 Months $36.5406 $6,333.69 $76,004 Management Analyst Step 2 - Next 12 Months $37.2714 $6,460.37 $77,524 Step 3 - Next 12 Months $38.3670 $6,650.27 $79,803 Administrative Services Mgr (1) Step 3- Next 12 Months $39.1343 $6,783.27 $81,399 Step 4 - Thereafter $40.2853 $6,982.77 $83,793 Step 4 - Thereafter $41.0910 $7,122.43 $85,469 Grade = 526 EXP SUP 7 Step 0 - First 6 Months $31.5652 $5,471.29 $65,655 Grade = 526 EXP SUP 7 Step 0- First 6 Months $32.1965 $5,580.72 $66,969 Positions in this grade: Step 1 - Next 12 Months $33.1435 $5,744.86 $68,938 Positions in this grade: Step 1 - Next 12 Months $33.8064 $5,859.76 $70,317 Senior Planner (1) Step 2 - Next 12 Months $34.8006 $6,032.09 $72,385 Senior Planner (2) Step 2 - Next 12 Months $35.4966 $6,152.73 $73,833 Customer Service Manager (1) Step 3 - Next 12 Months $36.5406 $6.333.69 $76,004 Customer Svc Manager (1? Step 3 - Next 12 Months $37.2714 $6,460.37 $77,524 Step 4 - Thereafter $38.3670 $6,650.27 $79,803 Comm. & Civic Engagement Mgr. Step 4 - Thereafter $39.1343 $6,783.27 $81,399 Grade = 552 EXP SUP 8 Grade = 552 EXP SUP 8 (GRANDFATHERED) Step 0 - First 6 Months $32.6206 $5,654.13 $67,850 (GRANDFATHERED) Step 0 - First 6 Months $33.2730 $5,767.21 $69,207 Positions in this grade: Step 1 - Next 12 Months $34.3375 $5,951.72 $71,421 Positions in this grade: Step 1 - Next 12 Months $35.0243 $6,070.75 $72,849 WW K Water reuse supervisor (1) Step 2 - Next 12 Months $36.1493 $6,265.76 $75,189 WW & Water reuse spvsr (1) Step 2 - Next 12 Months $36.8723 $6,391.07 $76,693 WTP Supervisor Step 3 - Next 12 Months $38.0476 $6,594.79 $79,137 WTP Supervisor Step 3 - Next 12 Months $38.8086 $6,726.69 $80,720 Step 4 - Thereafter $40.0572 $6,943.11 $83,317 Step 4 - Thereafter $40.8583 $7,081.98 $84,984 Grade = 529 EXP SUP 9 Step 0 - First 6 Months $25.9688 $4,501.25 $54,015 Grade = 529 EXP SUP 9 Step 0- First 6 Months $26.4882 $4,591.28 $55,095 Positions in this grade: Step 1 - Next 12 Months $27.2672 $4,726.31 $56,716 Positions in this grade: Step 1 - Next 12 Months $27.8125 $4,820.83 $57,850 Municipal Court Supervisor (1) Step 2 - Next 12 Months $28.6305 $4,962.61 $59,551 Municipal Court Supervisor (1) Step 2 - Next 12 Months $292031 $5,061.86 $60,742 Step 3 - Next 12 Months $30.0620 $5,210.74 $62,529 Step 3 - Next 12 Months $30.6632 $5,314.95 $63,779 Step 4 - Thereafter $31.5652 $5,471.29 $65,655 Step 4 - Thereafter $32.1965 $5,580.72 $66,969 Effective 711%2016 - 4% COLA Fffnc.tivc 7/1/2017 - 2'/r, COLA NON EXEMPT SUPERVISORS - All Job NON EXEMPT SUPERVISORS - AH Job Classes are NON-EXEMPT Classes are NON-EXEMPT Group/BU Code 1060 Hourly Monthly Annual Group/BU Code 1060 1 Hourly Monthly Annual Grade = 520 NonEXP SUP 1 Step 0 - First 6 Months $34,45611 $5,972.38 $71,669 Grade = 520 Nori SUP 1 Step 0 - First 6 Months $35.1452 $6,091.83 $73,102 Positions in this grade: Step 1 - Next 12 Months $36.1789 $6,271.00 $75,252 Positions in this grade: Step 1 - Next 12 Months $36.9025 $6,396.42 $76,757 Police Sergeants (6) Step 2 - Next 12 Months $37.9877 $6,584.52 $79,014 Police Sergeants (6) Step 2 - Next 12 Months $38.7475 $6,716.21 $80,595 Step 3 - Next 12 Months $39.8864 $6,913.63 $82,964 Step 3 - Next 12 Months $40.6841 $7,051.90 $84,623 Step 4 - Thereafter $41.8807 $7,259.31 $87,112 Step 4 - Thereafter $42.7183 $7,404.49 $88,854 X:\PERSONNEL INFORMATION\Salary Schedules\EFFECTIVE Jan 1, 2018\7.1.17 Management & Confidential 2% COLA + edits.xlsm 1/4/2018, 10:32 AM City of Ashland Non Represented Employee Salary Schedule for 2017-2018 Updated 1/4/18 f' tlve 7 1/201 Effe:aiv^ 7; 1/__. i i r r Step 0 - First 6 Months $31.5652 $5,471.29 $65,655 .,SUP I Step 0 - First 6 Months $32.1965 $5,580.72 $66,969 Positions in this grade: Step 1 - Next 12 Months $33.1435 $5,744.86 $68,938 Positions in this grade, , Step 1 - Next 12 Months $33.8064 $5,859.76 $70,317 GIS Managrr (1) Step 2-Next 12 Months $34.8006 $6,032.09 $72,385 GIS Manager(s) Step 2- Next 12 Months $35.4966 $6,152.73 $73,833 Step 3 - Next 12 Months $36.5406 $6,333.69 $76,004 Step 3- Next 12 Months $37.2714 $6,460.37 $77,524 Step 4 - Thereafter $38.3670 $6,650.27 $79,803 Step 4 - Thereafter $39.1343 $6,783.27 $81,399 Grade = 527 Non EXP SUP 3 Step 0 - First 6 Months $30.0621 $5,210.75 $62,529 Grade = 527 NonEXP SUP 3 Step 0 - First 6 Months $30.6633 $5,314.97 $63,780 Positions in this grade: Step 1 - Next 12 Months $31.5651 $5,471.27 $65,655 Positions in this grade. Step 1 - Next 12 Months $32.1964 $5,5B0,70 $66,968 Water Quality Supervisor (1) Step 2 - Next 12 Months $33.1435 $5,744.86 $68,938 Water Quality Supervisor Step 2 - Next 12 Months $33.8064 $5,859.76 $70,317 Distribution Supervisor (1) Step 3 - Next 12 Months $34.8007 $6,032.11 $72,385 Distribution Supervisor (1) Step 3 - Next 12 Months $35.4967 $6,152.75 $73,833 Step 4 - Thereafter $36.5406 $6,333.69 $76,004 Step 4- Thereafter $37.2714 $6,460.37 $77,524 Grade = 528 NonEXP SUP 4 Step 0 - First 6 Months $28.6305 $4,962.61 $59,551 Grade = 528 Non EXP SUP 4 Step 0 - First 6 Months $29.2031 $5,061.86 $60,742 Positions in this grade: Step 1 - Next 12 Months $30.0621 $5,21035 $62,529 Positions in this grade: Step 1 - Next 12 Months $30.6633 $5,314.97 $63,780 Maintenance & Safety Supervisor (1) Step 2 - Next 12 Months $31.5651 $5,471.27 $65,655 Maint & Safety Supervisor (1) Step 2 - Next 12 Months $32.1964 $5,580.70 $66,968 Street Supervisor (1) Step 3 - Next 12 Months $33.1435 $5,744.86 $68,938 Street Supervisor (1) Step 3 - Next 12 Months $33.8064 $5,859.76 $70,317 WW Collections Supervisor (1) Step 4 - Thereafter $34.8007 $6,032.11 $72,385 WW Collections Supervisor (1) Step 4 - Thereafter $35.4967 $6,152.75 $73,833 Development Services Coord. Customer Services Supervisor Effective 7/1/2016 - 2% COLA Effective 7/1/2017 - 2 CO! _f; Non-Represented Non Supervisory - All Job Classes are mixed Non-Represented Non Supervisory - All Job Classes are mixed Group/BU Code 1040 Hourly Monthly Annual Group/BU Code 1040 Hourly Monthly Annual Grade = 543 NonSup 1 (exempt) Step 0 - First 6 Months $33.3076 $5,773.31 $69,280 Grade = 543 NonSup 1 (exempt) Step 0 - First 6 Months $33.9738 $5,888.77 $70,665 Positions in this grade: Step 1 - Next 12 Months $34.9729 $6,061.96 $72,743 Positions in this grade: Step 1 - Next 12 Months $35.6724 $6,183.20 $74,198 Senior Engineer (1) Step 2- Next 12 Months $36.7215 $6,365.05 $76,381 rnior Enginr•o! (1`. Step 2 - Next 12 Months $37.4559 $6,492.35 $77,908 Step 3- Next 12 Months $38.5569 $6,683.18 $80,198 Step 3 - Next 12 Months $39.3280 $6,816.85 $81,802 Step 4 - Thereafter $40.4847 $7,017.33 $84,208 Step 4 - Thereafter $41.2944 $7,157.68 $65,892 Grade = 549 NonSup 2 (exempt) Step 0 - First 6 Months $31.7214 $5,498.37 $65,980 Grade = 549 NonSup 2 (exempt) Step 0 - First 6 Months $32.3558 $5,608.33 $67,300 Positions in this grade: Step 1 - Next 12 Months $33.3076 $5,773.31 $69,280 Positions in this grade: Step 1 - Next 12 Months $33.9738 $5,886.77 $70,665 Network Administrator (2) Step 2 - Next 12 Months $34.9729 $6,061.96 $72,743 Network Administrator (2) Step 2 - Next 12 Months $35.6724 $6,183.20 $74,198 Senior Info Sy stems Analyst (2) Step 3 - Next 12 Months $36.7215 $6,365.05 $76,381 Senior Info Systems Analyst (2) Step 3 - Next 12 Months $37.4559 $6,492.35 $77,908 Step 4 - Thereafter $38.5569 $6,683.18 $80,198 Step 4 - Thereafter $39.3280 $6,816.85 $81,802 Grade = 542 NonSup 3 (exempt) Step 0 - First 6 Months $26.0973 $4,523.52 $54,282 Grade = 542 NonSup 3 (exempt) Step 0 - First 6 Months $26.6192 $4,613.99 $55,368 Positions in this grade: Step 1 - Next 12 Months $27.4022 $4,749.71 $56,996 Positions in this grade: Step 1 - Next 12 Months $27.9502 $4,844.70 $58,136 IS AnalystlProgrammer Step 2 - Next 12 Months $28.7723 $4,987.19 $59,846 IS AnalystlProgranmier (1) Step 2 - Next 12 Months $29.3477 $5,086.93 $61,043 User Support Coordinator (1, Step 3 - Next 12 Months $30.2109 $5,236.55 $62,839 Usor Support Coordinator (1) Step 3 - Next 12 Months $30.8151 $5,341.28 $64,095 X:\PERSONNEL INFORMATION\Salary Schedules\EFFECTIVE Jan 1, 2018\7.1.17 Management & Confidential 2% COLA + edits.xlsm 1/4/2018, 10:32 AM City of Ashland Non Represented Employee Salary Schedule for 2017-2018 Updated 1/4/18 ITeleconvn Technician (1) step 4-Thereafter $31.7214 $5,496.37 $65,980 ITelecomm Technician (1) Step 4-Thereafter $32.3558 $5,606.33 $67,300 X:\PERSONNEL INFORMATION\Salary Schedules\EFFECTIVE Jan 1, 2018\7.1.17 Management 8 Confidential 2% COLA + edits.xlsm 1/4/2018, 10:32 AM City of Ashland Non Represented Employee Salary Schedule for 2017-2018 Updated 1/4/18 Grade = on up no ra e = 522 on up no exempt) Step 0 - First 6 Months $26.0973 $4,523.52 $54,282 exempt) Step 0 - First 6 Months $26.6192 $4,613.99 $55,368 PC) >'.tio , r;.ade: stop 1 -Next 12 Months $27.4022 $4,749.71 $56,996 f eons ii tl, i~ grade. Step 1 - Next 12 Months $27.9502 $4,844.70 $58,136 Risk Managmr:oin (1) Step 2 - Next 12 Months $28.7723 $4,987.19 $59,846 Risk Management (11 Step 2- Next 12 Months $29.3477 $5,086.93 $61,043 Fire Adapted Communities Coord (1) Step 3 - Next 12 Months $30.2109 $5,236.55 $62,839 Fire Adapted Comm Coord (1) Step 3 - Next 12 Months $30.8151 $5,341.28 $64,095 Step 4 - Thereafter $31.7214 $5,498.37 $65,980 Comm Preparedness Coord (1) Step 4 - Thereafter $32.3558 $5,608.33 $67,300 Grade = 535 NonSup 5 (non Grade = 535 NonSup 5 (non exempt) Step 0 - First 6 Months $20.4476 $3,544.24 $42,531 exempt) Step 0 - First 6 Months $20.8566 $3,615.13 $43,382 Positions in this grade: Step 1 - Next 12 Months $21.4703 $3,721.51 $44,658 Positions in this grade: Step 1 - Next 12 Months $21.8997 $3,795.94 $45,551 CERT Program Coordinator (1) Step 2 - Next 12 Months $22.5438 $3,907.58 $46,891 Vacant Step 2 - Next 12 Months $22.9947 $3,985.74 $47,829 Step 3 - Next 12 Months $23.6710 $4,102.97 $49,236 Step 3 - Next 12 Months $24.1444 $4,185.02 $50,220 Step 4 - Thereafter $24.8548 $4,308.16 $51,698 Step 4 - Thereafter $25.3519 $4,394.32 $52,732 Effective 7/1/2016 - 2% COLA Effective 7/1/2017 - 2% COLA Non-Represented Confidential - All Job Classes are non exempt Non-Represented Confidential - Aft Job Classes are non exempt Group/BU Code 1050 oUrly Monthly Annual Group/BU Code 1050, Grade = 541 Conf 1 Step 0- First 6 Months $26.0973 $4,523.52 $54,282 Grade = 541 Conf 1 Step 0 - First 6 Months $26.6192 $4,613.99 $55,368 Positions in this grade: Step 1 - Next 12 Months $27.4022 $4,749.71 $56,996 Positions in this grade: Step 1 - Next 12 Months $27.9502 $4,844.70 $58,136 Accounting Analyst (2) Step 2 - Next 12 Months $28.7723 $4,987.19 $59,846 Accounting Analyst (2) Step 2 - Next 12 Months $29.3477 $5,086.93 $61,043 Human Resources Analyst Step 3 - Next 12 Months $30.2109 $5,236.55 $62,839 Human Resources Analyst Step 3 - Next 12 Months $30.8151 $5,341.28 $64,095 Police Administrative Analyst (1) Step 4 - Thereafter $31.7214 $5,498.37 $65,980 Administrative Analyst (1) Step 4 - Thereafter $32.3558 $5,608.33 $67,300 Executive Analyst (1) Grade = 530 Conf 2 Step 0 - First 6 Months $22.5438 $3,907.58 $46,891 Grade = 530 Conf 2 Step 0- First 6 Months $22.9947 $3,985.74 $47,829 Positions in this grade: Step 1 - Next 12 Months $23.6710 $4,102.97 $49,236 Positions in this grade: Step 1 - Next 12 Months $24.1444 $4,185.02 $50,220 Administrative Supervisor (2) Step 2 - Next 12 Months $24.8547 $4,308.14 $51,698 Administrative Supervisor (2) Step 2- Next 12 Months $25.3518 $4,394.30 $52,732 Fiscal Services Specialist (1) Step 3 - Next 12 Months $26.0973 $4,523.52 $54,282 Fiscal Services Specialist (1) Step 3- Next 12 Months $26.6192 $4,613.99 $55,368 Paralegal Step 4-Thereafter $27.4022 $4,749.71 $56,996 Paralegal Step 4 - Thereafter $27.9502 $4,844.70 $58,136 Grade = 534 Conf 3 Step 0 - First 6 Months $21.4703 $3,721.51 $44,658 Grade = 534 Conf 3 Step 0 - First 6 Months $21.8997 $3,795.94 $45,551 Positions in this grade: Step 1 - Next 12 Months $22.5438 $3,907.58 $46,891 Positions in this grade: Step 1 - Next 12 Months $22.9947 $3,985.74 $47,829 Executive Assistant (1) Step 2 - Next 12 Months $23.6710 $4,102.97 $49,236 Executive Assistant (1) Step 2 - Next 12 Months $241444 $4,185.02 $50,220 Step 3 - Next 12 Months $24.8547 $4,308.14 $51,698 Step 3 - Next 12 Months $25.3518 $4,394.30 $52,732 Step 4 - Thereafter $26.0974 $4,523.54 $54,282 Step 4 - Thereafter $26.6193 $4,614.01 $55,368 Grade = 535 Conf 4 Step 0 - First 6 Months $20.4476 $3,544.24 $42,531 Grade = 535 Conf 4 Step 0 - First 6 Months $20.8566 $3,615.13 $43,382 Positions in this grade: Step 1 - Next 12 Months $21.4703 $3,721.51 $44,658 Positions in this grade: Step 1 - Next 12 Months $21.8997 $3,795.94 $45,551 Administrative Assistant (5) Step 2 - Next 12 Months $22.5438 $3,907.58 $46,891 Administrative Assistant (5) Step 2 - Next 12 Months $22.9947 $3,985,74 $47,829 Step 3 - Next 12 Months $23.6710 $4,102.97 $49,236 Step 3 - Next 12 Months $24.1444 $4,185.02 $50,220 Step 4 - Thereafter $24.8548 $4,308.16 $51,698 Step 4 - Thereafter $25.3519 $4,394.32 $52,732 p City Recorder $41.9746 $7,275 $67,305 City Recorder $42.9715 $7,448 $89,379 Municipal Judge $28.5276 $4,945 $59,336 Municipal Judge $29.2051 $5,062 $60,745 X:\PERSONNEL INFORMATION\Salary Schedules\EFFECTIVE Jan 1, 2018\7.1.17 Management & Confidential 2% COLA + edits.xlsm 1/4/2018, 10:32 AM Council Business Meeting July 17, 0: Second Reading of an Ordinance Amending Title 18 Land Use of the Title: Ashland Municipal Code Relating to Accessory Residential Units and Miscellaneous Edits for Clarity and Consistency From: Maria Harris Planning Manager maria.harris@ashland.or.us Summary: The proposed ordinance amendments create a streamlined approval process for accessory residential units (ARUs) that are less than 500 square feet in size and located within or attached to a single-family home. The amendments would exempt these small ARUs in the single-family zones from the planning application process and allow a property owner to obtain a building permit to convert existing floor area or construct an ARU attached to a home. The proposed ordinance also includes miscellaneous edits for clarity and consistency, often referred to as housekeeping amendments. The housekeeping amendments involve changes to the ordinance to remove repetitive language, correct omissions from the 2015 code update, provide clarification to existing sections and define terms that are currently used in the code. The meeting, materials from the June 19, 2018 City Council Business Meeting include a list of the housekeeping amendments and staff notes in the draft ordinance explaining the housekeeping amendments as well as the ARU standard changes. The City Council passed first reading of the ordinance at the June 19, 2018 meeting. The ordinance is scheduled for second reading at the July 17, 2018 meeting. If the Council approves second reading, the ordinance amendments will become effective 30 days after the ordinance is signed. At the June 19 meeting, staff mentioned the need for more specificity in the proposed ordinance concerning ARUs involving exterior changes to homes in the historic districts. As a result, staff added language to AMC 18.2.3.040.A.4 on page 14 of the attached ordinance. The additional language is to clarify that exterior building changes that require a building permit will also continue to require a planning application. The same approach is used in the existing code - if a building permit is required for an exterior change to a structure that is listed on the National Register of Historic Places (AMC 18.5.2.020.B.3), then a planning application is required prior to obtaining a building permit and initiating construction. The language added to the attached ordinance is discussed further under the Background section of this memo. Actions, Options, or Potential Motions: I move to approve second reading of an ordinance titled, "An ordinance amending chapters 18.2.2, 18.3.4, 18.3.5, 18.3.9, 18.4.2, 18.4.3, 18.4.4, 18.5.2 and 18.6.1 of the Ashland Land Use Page I of 3 CITY OF ASHLAND Ordinance relating to accessory residential units and miscellaneous edits for clarity and consistency." Staff Recommendation: Staff recommends approval of second reading of the ordinance amendments as presented. Resource Requirements: The review of ARU building permits is currently part of the normal work flow for Planning and Building Division staff. Any increases in the ARU building permits can continue to be covered with existing resources. Policies, Plans and Goals Supported: The project addresses a variety of City Council goals and strategies, adopted City plans and State requirements. The 2015-2017 Council Goals and Objectives also identified a goal of seeking opportunities to enable all citizens to meet basic needs (Goal 5) and an objective to pursue affordable housing opportunities, especially workforce housing and identify specific incentives for developers to build more affordable housing (Objective 5.2). Statewide Planning Goal 10 requires cities to inventory and plan for buildable lands for residential use to provide for adequate numbers of needed housing units at price ranges and rent levels which are commensurate with the financial capabilities of Oregon households and to allow for flexibility of housing location, type and density. In 2017, Oregon passed Senate Bill 1051 which included a provision that requires cities and counties to allow at least one accessory dwelling unit (ADU) per lot in areas zoned for detached single-family dwellings subject to reasonable local regulations relating to siting and design. The new regulations become effective on July 1, 2018. See Guidance on Implementing the Accessory Dwelling Units (ADU) Requirement under Oregon Senate Bill 1051 by the Oregon Department of Land Conservation and Development, March 2018. The Ashland Comprehensive Plan includes a goal to "Ensure a variety of dwelling types and provide housing opportunities for the total cross-section of Ashland's population, consistent with preserving the character and appearance of the city. The 2012 Ashland Housing Analysis identified a deficit in rental housing for extremely-low income (less than 30 percent of area median income) and low-income households (between 30 and 50 percent of area median income) and recommended more rental studio and one-bedroom units. The City of Ashland participated in the regional planning process that resulted in the adoption of the Greater Bear Creek Valley Regional Plan in 2012. Cities throughout the region identified reserve areas to accommodate housing for future population growth. The City of Ashland decided to accommodate housing for future population with the Ashland's current boundaries rather than identify future growth areas on the perimeter of the city. The City of Ashland Page 2 of 3 CITY OF ASHLAND committed to provided 6.6 units per gross acre for new development as part of the regional planning process. Background and Additional Information: Staff suggested one change to the ordinance at the June 19 meeting concerning ARUs in the historic district. The text that is highlighted below was added to the ordinance since approval of first reading on June 19. This language is included in the new "exemptions" section of the ARU standards in AMC 18.2.3.040.A (see page 14 of the attached ordinance). 4. The accessory residential unit is attached to the primary residence or within an existing primary residence. Accessory residential units located in the Historic District overlay and including exterior building changes that require a building permit, and accessory residential units located in detached structures (i.e., not attached to the primary residence) require Site Design Review under chapter 18.5.2 and are not permitted outright under this subsection. The Planning Commission recommended that ARUs involving exterior building changes in the historic district continue to require a planning approval and therefore not be included in the exempt group of small ARUs. Subsequent to the Planning Commission review and recommendation, staff realized the draft wording wasn't clear and consistent with the existing code. The threshold in the existing code to require a separate planning application for historic structures is when the exterior change requires a building permit. Specifically, if a building permit is required for an exterior change to a residential structure that is listed on the National Register of Historic Places (AMC 18.5.2.020.B.3), then a planning application is required. Frequently, property owners make exterior improvements to residential structures in historic districts that do not require a building permit such as replacing roofing, siding, windows and doors. In contrast, a building permit would typically be required for more significant building work such as structural changes and additions. The Planning Commission recommended approval of the attached ordinance amendments and their report is attached. The Planning Commission held a public hearing on April 24, 2018 and reviewed the draft amendments on April 24, 2018 and May 8, 2018. The Planning Commission initially discussed providing more flexibility for homeowners that are interested in locating an accessory residential unit (ARU) within or attached to their homes at the May 2017 annual retreat. Prior to the public hearing, the Commission held four study sessions on August 22, 2017, October 24, 2017, November 28, 2017 and February 27, 2018. Attachments: 1. Ordinance to Amend AMC Title 18 Land Use for ARU Standards and Housekeeping Changes 2. Findings of Fact and Conclusions of Law, July 17, 2018 Page 3 of 3 CITY OF ASHLAND ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 18.2.2. 18.2.3, 18.3.45 18.3.59 18.3.9,18.4.2,18.4.39 18.4.4,18.4.9, 18.5.2 AND 18.6.1 OF THE ASHLAND LAND USE ORDINANCE RELATING TO ACCESSORY RESIDENTIAL UNITS AND MISCELLANEOUS EDITS FOR CLARITY AND CONSISTENCY Annotated to show 4°'a~s-and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Statewide Planning Goal 10 requires cities to inventory and plan for buildable lands for residential use to provide for adequate numbers of needed housing units at price ranges and rent levels which are commensurate with the financial capabilities of Oregon households and allow for flexibility of housing location, type and density; and WHEREAS, the Legislature passed Senate Bill 1051 in 2017 which included a requirement that cities with populations greater than 2,500 and counties with populations greater than 15,000 allow at least one accessory dwelling unit for each detached single-family dwelling in single- family zones subject to reasonable local regulations relating to siting and design; and WHEREAS, the City Council identified the need to provide incentives to create affordable and workforce housing in the 2015-2017 Council Goals and Objectives; and WHEREAS, the Ashland Comprehensive Plan includes a goal to "Ensure a variety of dwelling types and provide housing opportunities for the total cross-section of Ashland's population, consistent with preserving the character and appearance of the city; and WHEREAS, the 2012 Ashland Housing Analysis identified a deficit in rental housing for extremely-low income (less than 30 percent of area median income) and low-income households (between 30 and 50 percent of area median income) and recommended more rental studio and one-bedroom units; and WHEREAS, Ashland began allowing accessory residential units (ARUs) in 1991 with 191 ARUs approved since that time, and has found that the introduction of second units in single- family zones provides rental units and at the same time preserves neighborhood character; and WHEREAS, the 2016 American Community Survey shows that 39.4 percent of Ashland households are single-person compared to 27.8 percent of Oregon Households, and 44.8 percent of single-person households in Ashland are renter-occupied compared to 36 percent of single- person households in Oregon are renter-occupied; and WHEREAS, the City Council determined it is necessary to amend the ARU requirements to Ordinance No. Page 1 of 32 respond to changes in the housing supply, in part affected by the lack of construction of housing units during the recession, to encourage the development of small units less than 500 square feet in size to help address Ashland's small household and rental needs; and 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 above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, under Oregon law, local governments may regulate the operation and location of certain types of uses within their jurisdiction limits except when such action has been specifically preempted by state statute; and WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on April 24, 2018; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on June 19, 2018; 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. Section 18.2.2.030 [Base Zones and Allowed Uses -Allowed Uses] of the Ashland Land Use Ordinance is hereby amended as follows: Ordinance No. Page 2 of 32 18.2.2.030 Allowed Uses A. Uses Allowed in Base Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to approval of a conditional use permit. Where Table 18.2.2.030 does not list a specific use and chapter 18.6 does not, define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040. "eve pu`n4t li°todlistnd p Table 4Q 9 9 n2n and nn! found to he s milarto a allowed , prohibited. rnr uses olloyipd in speGial diStriotc CM, MGe NM, and SQ Iv and for regulations applying to the City's o erlays zones, refer to port 4 8.3. B. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as "Permitted (P)" are allowed. Uses listed as "Permitted Subject to Special Use Standards (S)" are allowed, provided they conform to chapter 18.2.3 Special Use Standards. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020. C. Conditional Uses. Uses listed as "Conditional Use Permit Required (CU)" are allowed subject to the requirements of chapter 18.5.4. D. Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses are subject to the violations, complaints, and penalties sections in 18-1.6.080, 18-1.6.090, and 18-1.6.100. E. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For uses allowed in special districts CM, HC, NM, NN and SOU, and for regulations applying to the City's overlays zones, refer to part 18.3. °er M-g lotions- applying to the rit••'° overlays zones, pleas- refer to part 4 G 9 F. Accessory Uses. Uses identified as "Permitted (P)" are permitted as primary uses and as accessory uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the land use categories in part 18.6 Definitions. G. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. H. Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4; except as follows: 1. Short-Term Events. The Staff Advisor may approve through Ministerial review short-term temporary uses occurring once in a calendar year and lasting not more than 72 hours including set up and take down. Activities such as races, parades, and festivals that occur on public property (e.g., street right-of-way, parks, sidewalks, or other public grounds) require a Special Event Permit pursuant to AMC 13.03. 2. Garage Sales. Garage sales shall have a duration of not more than two days and shall not occur more than twice within any 365-day period. Such activity shall not be Ordinance No. _ Page 3 of 32 accompanied by any off-premises advertisement. For the purpose of this ordinance, garage sales meeting the requirements of this subsection shall not be considered a commercial activity. 3. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar structure may be permitted for a period not to exceed 90 calendar days upon the granting of a permit by the Building Official. Such occupancy may only be allowed in conjunction with construction on the site. Said permit shall not be renewable within a six- month period beginning at the first date of issuance, except with approval of the Staff Advisor. 1. Disclaimer. Property owners are responsible for verifying whether a proposed use or development meets the applicable standards of this ordinance. Ordinance No. Page 4 of 32 Table 18.2.2.030 - Uses Allowed by Zone - R-1 R R-2 R-3 RR WR CC--C-1-13 3..5 5 E-1 M-1 Special Use Standards A. Agricultural Uses' Agriculture, except Keeping of Bees, Livestock and Micro-Livestock, Homegrown Animal sales, feed yards, keeping of Marijuana Cultivation, and Marijuana P P P P P P N N N swine, commercial compost, or similar Production uses not allowed Keeping of Bees S S S S S S N N N Sec. 18.2.3.160 Keeping of Livestock S N N N S S N N N Keeping of Micro-Livestock S S S S S S N N N Sec. 18.2.3.190 Marijuana Cultivation, Homegrown S S S S S S S S S See General Industrial, Marijuana Production B. Residential Uses See Single-Family standards in Sec. 18.2.5.090 Sec. 18.2.3.130 for C-1 zone and E-1 Single-Family Dwelling P P P P P P S S N zone. Dwellings and additions in Historic District Overlay, see Sec. 18.2.3.120 and 18.2.5.070 Accessory Residential Unit P or P or S S P-°r N N N N Sec. 18.2.3.040 and Sec. S S S 18.5.2.020.C.2 Cottage Housing S N N N N N N N N Sec. 18.2.3.090 Cottage Housing Duplex Dwelling S P P P N N S S N Sec. 18.2.3.110 Duplex Dwelling KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. _ Page 5 of 32 Table 18.2.2.030 - Uses Allowed by Zone 3.5 E-1 M-1 Special Use Standards R-1 R-1 R-2 R-3 RR WR CC-1 -1 -D & B. Residential Uses' (continued) Manufactured Home on Individual Lot S S S S N N N N N Sec. 18.2.3.170 and not allowed in Historic District Overlay Manufactured Housing Development N S CU+ N N N N N N Sec. 18.2.3.180 S Sec. 18.2.3.130 for C-1 zone and E-1 zone Multifamily Dwelling N P P P N N S S N Dwellings and additions in Historic District Overlay, see Sec. 18.2.3.120 and 18.2.5.070 Rental Dwelling Unit Conversion to For- N N S S N N N N N Sec. 18.2.3.200 Purchase Housing Home Occupation S S S S S S S S N Sec. 18.2.3.150 ,C. Group Living Nursing Homes, Convalescent Homes CU CU CU CU CU CU N N N See chapter 18.3.3 Health Care Services Residential Care Home P P P P P P N N N Subject to State licensing requirements Residential Care Facility CU P P P CU CU N N N Subject to State licensing requirements Room and Boarding Facility N P P P N N N N N D. Public and Institutional Uses Airport See chapter 18.3.7 Airport Overlay 2 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. _ Page 6 of 32 Table 18.2.2.030 - Uses Allowed by Zone R-1 R-1 R-2 R-3 RR WR C-1 & E-1 M-1 Special Use Standards 3.5 C-1 -D Cemetery, Mausoleum, Columbarium N N N N CU N N N N D. Public and Institutional Uses (continued)' Child Care Facility Family Child Care Home exempt from CU CU Cu Cu CU Cu P P P planning application procedure pursuant to ORS 329A.440, see part 16.6 for definition Club Lodge, Fraternal Organization Cu CU CU CU CU Cu P Cu Cu e^^d^^^ (e.g., police, oo.,a , . excluding Ck1 GU N N &N GU R R R Outdoor Strge Electrical Substation N N N N N N CU CU P Hospitals CU CU Cu CU Cu N N N N See chapter 16.3.3 Health Care Services Governmental Offices and Emergency Services (e.g., Police, Fire); excluding CU CU N N CU Cu P P P Outdoor Storage Mortuary, Crematorium N N N N CU N P P P Public Park, Open Space, and Recreational Facility, including playgrounds, trails, nature P P P P P P N N N. preserves, athletic fields, courts, swim pools, similar uses Public Parking Facility N N N N N N P NP NP 3 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 7 of 32 Table 18.2.2.030 - Uses Allowed by Zone R-1 R-1 R-2 R-3 RR WR C-1 8 E-1 M•1 Special Use Standards 3.5 C-1-D Public Starage Yard; Fn,l,-.dpg .Fphwnlp and equipment, N N W N N N N R R maintenawse, repair D. Public and Institutional Uses (continued)4 Recycling Depot N N N N N N N P P Not allowed within 200 ft of a residential zone Religious Institution, Houses of Worship CU CU CU CU CU CU CU CU CU School, Private (Kindergarten and up) CU CU CU CU CU CU N N N School, Public (Kindergarten and up) P P P P P CU N N N School, Private College/Trade/Technical N N N N N N N CU P School Includes public service building, Utility and Service Building, Yard and yard, and structures such as Structure, Public and Quasi-Public, CU CU N N CU CU P P P public works yards excluding aadergreaad-utilitiesand electrical substations Yards not allowed in the RR, WR, and CA zone Wireless Communication Facility CU CU CU CU CU CU CUr CUr CUr Sec.18.4.10 E. Commercial Uses Amusement/Entertainment, includes theater, concert hall, bowling alley, miniature golf, N N N N N N P CU P arcade; excluding drive-up uses Automotive and Truck Repair, or Service; N N N N N N S or S or Sec. 18.2.3.050 includes fueling station, car wash, tire sales CU CU P 4 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 8 of 32 Table 18.2.2.030 - Uses Allowed by Zone R-1 R-1 R-2 R-3 RR WR C'1& E-1 M-1 Special Use Standards 3.5 C-1-D and repair/replacement, painting, and other In C-1 zone, fuel sales and service repair for automobiles, motorcycles, aircraft, limitedto is a permitted use provided boats, RVs, trucks, etc. within the Freeway Overlay, see chapter 18.3.8; conditional use in locations outside of Freeway Overlay In E-1 zone, auto and truck repair is a permitted use if 200 feet or more ' from residential zones: fuel sales and service requires CU permit E. Commercial Uses (continued)' Automotive Sales and Rental, e-^,.oept within the TYistnr is Interest AFea; includes N N N N N N CU CU P yep" of allowed within Historic motorcycles, boats, RVs, and trucks District Overlay Accessory Travelers' Accommodation (See N CU+ CU+ N N also Travelers' Accommodation) N S S N N N Sec. 18.2.3.220 Bakery, except as classified as Food N N N N N N P P P Processing Commercial Laundry, Cleaning, and Dyeing N N N N N N S S P Sec. 18.2.3.080 Establishment Commercial Recreation, includes country club, golf course, swimming club, and tennis CU CU N N CU CU N N N club; excluding intensive uses such as driving range, race track, or amusement park Per Sec. 18.2.3.100, Drive-Up uses are Drive-Up Use N N N N N N S N limited to area east of Ashland St at intersection of Ashland St/Siskiyou Blvd Hostel N N CU CU N N CU' N N `In C-1 zone, requires annual Type I review for at least the first three years, after which time the Planning s KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. _ Page 9 of 32 Table 18.2.2.030 Uses Allowed by Zone R-1 R-1 R-2 R-3 RR WR C-1 & E-1 M-1 Special Use Standards 3.5 C-1 -D Commission may approve a permanent facility through the Type II procedure E. Commercial Uses (continued)' Hotel/Motel N N N N N N CU CU P Kennel (See also Veterinary Clinic) N N N N N N S S CU No animals kept outside within 200 feet of a residential zone Limited Retail Uses in Railroad Historic N CU CU CU N N N N N Sec. 18.2.2.210 for Retail Uses Allowed District in Railroad Historic District Lumber Yard and Similar Sales and Rental of Building or Contracting Supplies, or Heavy N N N N N N NCU CU P Equipment Per Sec. 18.2.3.190, marijuana retail Marijuana Retail Sales, includes sale of S or S or sales are limited to the C-1 and E-1 medical and recreational marijuana N N N N N N CU CU N zones and located on a boulevard or 200 feet or more from any residential zone, see Sec 18.2.3.190. Nightclub, Bar N N N N N N S CU P Not allowed within the Historic District Overlay unless located in C-1-D Office (See also Commemial Services) N N CU CU N N P P P Outdoor Storage of Commodities or N N N N N N CU CU P Equipment associated with an allowed use Plant Nursery, Wholesale, except Marijuana N N CU CU N N N N N Production s KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 10 of 32 Table 18.2.2.030 - Uses Allowed by Zone R-1 R-1- R-2 R-3 RR WR CC--1 1 D E-1 M-1 Special Use Standards - E. Commercial Uses (continued)? Restaurants N N N N N N P P P In R-2 zone, uses limited to personal and professional services, except see Sec. 18.2.3.210 for retail uses allowed in Railroad Historic District Commercial Retail Sales and Services, N N CU+ N N N P S S In E-1 zone, Retail limited to 20,000 sq except Outdoor Sales and Services S ft of gross leasable floor space per lot. In M-1 zone, uses limited to serving persons working in zone See Marijuana Retail Sales Self-Service Storage, Commercial (Mini- N N N N N N N Cu P Warehouse) Traveler's' Accommodation (See also N N CU+ CU+ N N N N N Sec. 18.2.3.220 Accessory Travelers' Accommodation) S S Veterinary Clinic N N N N N N P P P F. Industrial and Employment Uses In the E-1 zone, uses within 200 feet Cabinet, Carpentry, and Machine Shop, and S or of a residential zone require CU related Sales, Services, and Repairs N N N N N N N CU P permit 7 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 11 of 32 Table 18.2.2.030 - Uses Allowed by Zone R-1 3.9 R-2 R-3 RR WR CA D E-1 M-1 Special Use Standards F. Industrial and Employment Uses (continued) a Commercial Excavation and Removal of Sand, Gravel, Stone, Loam, Dirty or Other N N N N CS+ N N N N Sec. 18.2.3.070 Earth Products Concrete or Asphalt Batch Plant N N N N N N N N CU Dwelling for a caretaker or watchman N N N N N N N CU Cu In the C-1 zone, manufacture or assembly of items sold is a permitted Food Products use, provided such manufacturing or Manufacture/Processing/Preserving, N N N N N N S S p assembly occupies 600 square feet including canning, bottling, freezing, drying, or less, and is contiguous to the and similar processing and preserving. permitted retail outlet In the E-1 zone, See Sec. 18.2.3.140 In E-1 and M-1 zones, marijuana laboratory, processing, and Manufacture, General, includes Marijuana N N N N N N P or P or production are subject to the special Laboratory, Processing, and Production N S S use standards in Sec. 18.2.3.190 See Marijuana Cultivation, Homegrown Requires assembly, fabricating, or packaging of products from Manufacture, Light; excluding saw, planning previously prepared materials such or lumber mills, or molding plants. N N N N N N S P P as cloth, plastic, paper, cotton, or wood In the C-1 zone, manufacture or assembly of items sold in a permitted s KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. _ Page 12 of 32 Table 18.2.2.030 - Uses Allowed by Zone R-1 R-1 R-2 R-3 RR WR C-1 & 3.5 C-1-D E-1 M-1 Special Use Standards use, provided such manufacturing or assembly occupies 600 square feet or less, and is contiguous to the permitted retail outlet F. Industrial and Employment Uses (continued)' Outdoor Storage of Commodities or N N N N N N CU CU P Equipment associated with an allowed use Television and Radio Broadcasting Studio N N N N N N N P P Deliveries and shipments limited to 7AM-9PM within 200 feet of a residential zone Wholesale Storage and Distribution, includes N N N N N N N S S Marijuana Wholesale In E-1 and M-1 zones, marijuana wholesale is subject to the special use standards in Sec. 18.2.3.190 Wrecking, Demolition, and Junk Yards N N N N N N N N CU G. Other Uses Temporary Tree Sales N N N- N N N P N N Allowed from November 1 to January 1 Temporary Use CU, except uses lasting less than 72 hours are subject to Ministerial review, per Sec. 18.2.2.030.H s KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. _ Page 13 of 32 SECTION 2. Section 18.2.3.040 [Special Use Standards - Accessory Residential Unit] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.2.3.040 Accessory Residential. Unit Where aGGessory residential units are allowed, they are subjeGt tG Site Design Review unde hapter 18.5.2, and shall meet all of the following require a Accessory residential units are subject to Site Design Review under chapter 18.5.2, except as exempted in subsection 18.2.3.040.A, below. A. Exemptions. Accessory residential units are permitted outright with an approved building permit, and are allowed without a Site Design Review under chapter 18.5.2 provided that the accessory residential unit meets all of the following requirements. 1. The accessory residential unit is located in the R-1, R-1-3.5, RR, NN and NM zones. Accessory residential units in the R-2 and R-3 zones require Site Design Review under chapter 18.5.2 and are not permitted outright under this subsection. 2. The accessory residential unit meets all of the requirements of the applicable zone in subsections 18.2.3.040.13. C. E and F, below, except as otherwise exempted in subsection 18.2.3.040.A. 3. The size of the accessory residential unit is less than 500 square feet of gross habitable floor area (GHFA). 4. The accessory residential unit is attached to the Primary residence or within an existin ry q primary residence. Accessory residential units located in the Historic District overlay and including exterior building changes that require a building permit, and accessory residential units located in detached structures (i.e., not attached to the primary residence) require Site Design Review under chapter 18.5.2 and are not permitted outright under this subsection. 5 The property must have two off-street parking spaces, except that parking spaces, turn- arounds, and driveways are exempt from the requirements in subsections 1 and 2 of 18.4.3.080.D and paving requirements in subsection 18.4.3.080.E.1. 6. Additional off-street parking is not required for the accessory residential unit if on-street parking is permitted within 200 feet of the property. Alternatively, one off-street parking space may be provided on the property in conformance with the off-street parking provisions for accessory residential units in section 18.4.3.080. AB.R-1 Zone. Accessory residential units in the R-1 zone shall meet the following requirements. 1. One accessory residential unit is allowed per lot, and the maximum number of dwelling units shall not exceed two per lot. 2. Accessory residential units are not subject to the density or minimum lot area requirements of the zone.__ t ♦hat a_____ ry _=°.a"n4°_l _nib; =t,_n hp nn,_-ntpd On the a"^°ot,. ..f developments at a the o".carman"a Stand"rds Option in "want"r 18.3.9. Ordinance No. Page 14 of 32 I 3. The maximum gross habitable floor area (GHFA) of the accessory residential unit shall not exceed 50 percent of the GHFA of the primary residence on the lot and shall not exceed 1,000 square feet GHFA. 4. The proposal shall conform to the overall maximum lot coverage and setback requirements of the underlying zone. 5. Additional parking shall be provided in conformance with the off-street parking provisions for single-family dwellings in section 18.4.3.080, except that parking spaces, turn-arounds, and driveways are exempt from the requirements in subsections 1 and 2 of 18.4.3.080.D and paving requirements in subsection 18.4.3.080.E.1. BC.RR Zone. In addition to the standards in subsection 49.2.3.040.18.2.3.040.B, accessory residential units in the RR zone shall meet the following requirements. 1. if the -,-,residential _...t not art of the primary dwelling all renstruntion and land daRt-rharinp asgeniated;-m-Fith the aGGessery residential unit sha" onnur on land-,; less than 25 percent slope. 2. The t nn h._h the __."l_. t._l _...t IWd shall hev _s to e mproved Gity street, paved to a rainirm-IM of 20 feet On width, with Gurbs, gutters, and SIdeWml I ks 31. No on-street parking credits shall be allowed for accessory residential units. 42. If located in the Wildfire zone, the accessory residential unit shall have a residential sprinkler system installed. GD.R-2 and R-3 Zones. Accessory residential units in the R-2 and R-3 zones shall meet the standards in subsection 42 2 3 040A18.2.3.040.8, except that the maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50 percent of the GHFA of the primary residence on the lot, and shall not exceed 500 square feet GHFA. E. NN Zones. Accessory residential units in the Normal Neighborhood District under chapter 18.3.4 shall meet the standards in subsection 18.2.3.040.8. F. NM Zones. Accessory residential units in the North Mountain Neighborhood NM zones under chapter 18.3.5 shall meet the standards in subsection 18.2.3.040.6, except that the maximum gross habitable floor area (GHFA) of the accessory residential unit must not exceed 750 square feet GHFA and that second story accessory residential units constructed above a detached accessory building must not exceed 500 square feet GHFA. SECTION 3. Section 18.2.3.160(B) [Special Use Standards - Keeping of Livestock and Bees] of the Ashland Land Use Ordinance is hereby amended as follows: B. Structures. Livestock enclosures and structures, including barns, stables, chicken coops and runs, rabbit hutches, goat barns, and other structures, shall be in compliance with 18~o 2.4.020 ubsection 18.2.5.040.D, this ordinance and with all applicable building codes. Ordinance No. Page 15 of 32 SECTION 4. Section 18.3.4.040(C) [Normal Neighborhood District - General Use Regulations] of the Ashland Land Use Ordinance is hereby amended as follows: C. Regulations. General Use Allowed luses their ° uses are peFrnitted, sper.wal permitted or renditmenal uses in the hlonrnad NeighbeFheed Plan area as 11--derl an the l=and Use Table 1. Uses Allowed in Normal Neighborhood District. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to a conditional use permit. Where Table 18.3.4.040 does not list a specific use and part 18.6 does not define the use or include it as an example of an allowed use, the CitV may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040 Similar Uses. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020 Determination of Review Procedure. a. Permitted Uses. Uses listed as "Permitted (P)" are allowed. b. Permitted Subject to Special Use Standards. Uses listed as "Permitted Subject to Special Use Standards (S)" are allowed, provided they conform to chapter 18.2.3 Special Use Standards. c. Conditional Uses. Uses listed as "Conditional Use Permit Required (C)" are allowed subiect to the requirements of chapter 18.5.4 Conditional Use Permits. d. Prohibited Uses. Uses not listed in Table 18.3.4.040, and not found to be similar to an allowed use following the procedures of section 18.1.5.040 Similar Uses, are prohibited. 2. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2 Base Zones, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. 3. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. Ordinance No. Page 16 of 32 ;Zesadentmal Rosidential Table 18.3.4.040 Normal Neighborhood District Uses Allowed b .Zone1p Normal Neighborhood District Zonestl NNA-5 NN-1-3.5 NN-1-3.5-C NN-2 A. Residential Uses Single Dwelling Residential Unit P P N N (Single-Family Dwelling) Accessory Residential Unit. see Sec. 18.2.3.040 P or S P or S ' P or S N Double Dwelling Residential Unit N P P P (Duplex Dwelling) Cottage Housing P N N N Clustered Residential Units N P P P Attached Residential Unit N P P P Multiple Dwelling Residential Unit N P P P (Multi family Dwelling) Manufactured Home on Individual Lot P P P P Manufactured Housing Development N P P P B. Neighborhood Business and Service Uses Home Occupation P P P P Retail Sales and Services, with each building N N P N limited to 3,500 square feet of gross floor area Professional and Medical Offices, with each building limited to 3,500 square feet of gross floor N N P N area Light manufacturing or assembly of items occupying six hundred (600) square feet or less, N N P N and contiguous to the permitted retail use. Restaurants N N P N Day Care Center N N P N Assisted Living Facilities N C C C C. Residential Uses Religious Institutions and Houses of C C C C Worship Public Buildings P P P P Community Gardens P P P P Open space and Recreational Facilities P P P P ie Key: P = Permitted Uses: S = Permitted with Special Use Standards: CU = Conditional Use Permit Required: N = Not Allowed. " Zones: NN-1.5 = Single-Family Residential: NN-1-3.5 = Suburban Residential: N-N-13.5-C = Suburban Residential with Commercial: MM-2 = Multi-Family Residential. Ordinance No. Page 17 of 32 I 4 De.m U4nd 11 n 11 n 1: tad "Permitted (P)" ara ellov,ed Am uses are subjeGt to the , and the review procedures of D+r4 48.51 Ceo sent:en f4 5 f 020 Determination of De,.: e,.• Pro ed„ i--,-oovvvrc°z 2 r dY' al iseq Uses listed o "Cn..diUnnal Use Permit Required (G)" a allowed .,h:e..F to the requirements of nhapter 18.5.4 Conditional Use Permits all ,.ed . e Follo,v:„n thenroeedures of section 181.5.040 Similar Uses, are nrohibited SECTION 5. Section 18.3.4.060(B)(2) [Normal Neighborhood District - Site and Building Design Standards] of the Ashland Land Use Ordinance is hereby amended as follows: 2. Cottage Housing. lRese, .eddlCottage Housing Developments in the Normal Neighborhood shall be developed in accordance with the standards in 18.2.3.090. SECTION 6. Section 18.3.5.050 [North Mountain Neighborhood - Allowed Uses] of the Ashland Land Use Ordinance is hereby amended as follows: 18.3.5.050 Allowed Uses A. Uses Allowed in North Mountain Neighborhood Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to a conditional use permit. Where Table 18.3.5.050 does not list a specific use and part 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040 Similar Uses. Uses net rsted MR T.,hle 12.2.2.030 and not fn,.nd to he mikes in a an__._ed use are prohibited All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020 Determination of Review Procedure. 1. Permitted Uses. Uses listed as "Permitted (P)" are allowed. 2. Permitted Subiect to Special Use Standards. Uses listed as "Permitted Subject to Special Use Standards (S) are allowed, provided they conform to subsection 18.3.5.050.13 and chapter 18.2.3 Special Use Standards. 3. Conditional Uses. Uses listed as "Conditional Use Permit Required (C)" are allowed subject to the requirements of chapter 18.5.4 Conditional Use Permits. 4. Prohibited Uses. Uses not listed in Table 18.3.5.050, and not found to be similar to an allowed use following the procedures of section 18.1.5.040 Similar Uses, are prohibited. CB.Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2 Base Zones, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's o erlays zones, please refer to port jp Q C. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and Ordinance No. Page 18 of 32 building code requirements are met. I Ordinance No. Page 19 of 32 Table 18.3.5.050 - North Mountain Neighborhood Uses Allowed byZone12 North Mountain Neighborhood Zonest3 NM-11-1-7.5 NM-R-1-5 NM-MF NM-C NM-Civic A. Residential Residential Uses, subject to density P P P P N requirements in Table 18.3.5.050 Accessory Residential Units, see Sec. P or S P or S NP or S P N 18.2.3.040 - Cottage Housing S S N N N Home Occupations P P P P N Agricultural Uses, except Keeping of P P P P S Livestock Keeping of Micro-Livestock and Bees S S S N S Keeping of Livestock N N N N N Marijuana Cultivation, Homegrown S S S S N B. Public and Institutional Uses Community Services N S N S P Parks and Open Spaces P P P P P Public Parking Lots N N N CU N Religious Institution, Houses of Worship N N N S N Utility and Service Building, Public and Quasi-Public, excluding outdoor storage N N N S N and electrical substations B. Commercial Neighborhood Clinics N N N S N Neighborhood Oriented Retail Sales, N N N S N Services, and Restaurants Offices, Professional N N N S N Temporary uses N N N CU N C. Industrial Manufacturing, Light N N N S N 12 Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. 13 Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; Cl = Compatible Industrial; OS = Open Space. Ordinance No. Page 20 of 32 D. Special Use Standards. The uses listed as "Permitted with Special Use Standards (S)" in Table 18.3.5.050, above, are allowed provided they conform to the requirements of this section and the requirements of chapter 18.5.2 Site Design Review. 1. Accessory Residential Units. Subject to the standards in section 18.2.3.040. a. A ss esresidential units are not subjent to the density requirements of the aviw.~~m h 0- ne annessory residential 't ' allowed e let, and the m Fnhpr n dwelling nits Must net a eed two per let. 6. The p sal .J. .:6. the I_t _ and sethaGk r quit _nts eF the underlying zone. d The voo habitable floor are the area (GHFA) of the ave residential voor.• 't must not d 50 areeet of the GHFA of the primary reoide"ve on the let, and t not e e'1 7501 square feet GHF ' nt that o Ond oten• of note ed 500 square feet G-HFA e o A dd't' ' 1 arking hall he pre. aided On ....nfermaMee with the off street parking provisions Fersingle family dwellings : eGtie" 18.4.3.040. 2. Agricultural Uses. In the NM-Civic zone, agriculture may include community garden space. 3. Keeping of Micro-Livestock and Bees. Subject to the standards in section 18.2.3.160. 4. Mariiuana Cultivation, Homegrown. Subject to the standards in subsection 18.2.3.190.A. 5. Community Services. a. In the NM-R-1-5 zone, each building maybe up to a maximum of 2,500 square feet of gross floor.area. b. In the NM-C zone, each building may be up to a maximum of 3,500 square feet of gross floor area. 6. Manufacturinq, Light. a. The light manufacturing use shall occupy 600 square feet or less. b. The light manufacturing use shall be contiguous to the permitted retail outlet that operates in conjunction with and sells the manufactured items produced by the light manufacturing use. 7. Neighborhood Clinics. Each building may be up to a maximum of 3,500 square feet of gross floor area. 8. Neighborhood Oriented Retail Sales, Services, and Restaurants. Each building may be up to a maximum of 3,500 square feet of gross floor area. 9. Offices. Professional. Each building may be up to a maximum of 3,500 square feet of gross floor area. 10. Religious Institution, Houses of Worship. The same use cannot be located on a Ordinance No. Page 21 of 32 contiguous property, and there must be no more than two such uses in a given zone. 11. Utility and Service Building Public and Quasi-Public. Each building may be up to a maximum of 3,500 square feet of gross floor area. SECTION 7. Section 18.3.9.050(A) [Performance Standards Option and PSO Overlay- Performance Standards for Residential Developments] of the Ashland Land Use Ordinance is hereby amended as follows: A. Base Densities. The density of the development shall not exceed the density established by this section. The density shall be computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public. Fractional portions of the final answer, after bonus point calculations, shall not apply towards the total density. Accessory residential units are not required to meet the density requirements of this chapter in accordance with section 18.2.3.040. SECTION 8. Section 18.4.2.030(B) [Building Placement, Orientation, and Design - Residential Development] of the Ashland Land Use Ordinance is hereby amended as follows: B. Applicability. Except as otherwise required by an overlay zone or plan district, the following standards apply to residential development pursuant to section 18.5.2.020. See conceptual site plan of multi-family development in Figure 18.4.2.030. 1. Accessory Residential Units. Unless exempted from Site Design Review in 18.2.3.040.A, only the following standards in Chapter 18.4.2 applV to accessory residential units: building orientation requirements in 18.4.2.030.C, garage requirements in 18.4.2.030.D, and building materials in 18.4.2.030.E. If an accessory residential unit is located in the Historic District overlay, the standards in 18.4.2.050 also apply. See the Special Use Standards for accessorV residential units in section 18.2.3.040. SECTION 9. Section 18.4.3.040 [Parking, Access, and Circulation - Parking Ratios] of the Ashland Land Use Ordinance is hereby amended as follows: 18.4.3.040 Parking Ratios Except as provided by section 18.4.3.030, the standard ratios required for automobile parking are as follows. See also, accessible parking space requirements in section 18.4.3.050. Table 18.4.3.040 = Automobile' Parking Spaces by Use Use Categories Minimum Parking per Land Use (Based on Gross Floor Area; fractions are rounded to whole number.) Residential Categories Single_f€amily Dwellings 2 spaces for the prima detached dwelling units-and the following Ordinance No. Page 22 of 32 Table 18.4.3.040 - Automobile Parking Spaces by Use Use Categories Minimum Parking per Land Use (Based on Gross Floor Area; fractions are rounded to whole number.) for - , residential unhg attached dwelling units. a. Studio units or 1-bedroom units less than 500 sq. ft. -1 space/unit. b. 1-bedroom units 500 sq. ft. or larger- 1.50 spaces/unit. c. 2-bedroom units - 1.75 spaces/unit. d. 3-bedroom or greater units 2.00 spaces/unit. a. Units less than 800 sq. ft.-1 space/unit, except. as exempted in subsection 18.2.3.040.A. Accessory Residential Units b. Units greater than 800 sq. ft. and up to 1,000 sq. ft. -2.00 spaces/unit. a. Studio units or 1-bedroom units less than 500 sq. ft. 1 space/unit. b. 1-bedroom units 500 sq. ft. or larger 1.50 spaces/unit. Multi family Dwellings c. 2-bedroom units 1.75 spaces/unit. d. 3-bedroom or greater units 2.00 spaces/unit. e. Retirement complexes for seniors 55-years or greater One space per unit. a. Units less than 800 sq. ft. 1 space/unit. b. Units greater than 800 squa y-feet§g. ft. and less than 1000 squarefeetsg. ft. 1.5 spaces/unit. Cottage Housing C. Units greater than 1000 squafe4eet§g. ft. 2.00 spaces/unit. d. Retirement complexes for seniors 55-years or greater One space per unit. Parking for Manufactured Home on Single-Family Lot is same as Manufactured Housing Single Family Dwelling; for Manufactured Housing Developments, see sections 18.2.3.170 and 18.2.3.180. Performance Standards See chapter 183.9. Developments Commercial Categories 1 space per 1,000 sq arefeetsg. ft. of the first 10,000 square Auto, boat or trailer sales, retail nurseries and other teetsg. ft. of gross land area; plus 1 space per 5,000 sqa°,zFee.~t~g ft. for the excess over 10,000 square-Feetsg. ft. of gross land area; open-space uses and 1 space per 2 employees. 3 spaces per alley, plus 1 space for auxiliary activities set forth in this Bowling Alleys section. Chapels and Mortuaries 1 space per 4 fixed seats in the main chapel. 1 space per guest room, plus 1 space for the owner or manager; see Hotels also, requirements for associated uses, such as restaurants, entertainment uses, drinking establishments, assembly facilities. Ordinance No. Page 23 of 32 Table 18.4.3.040.- Automobile Parking Spaces by Use Use Categories Minimum Parking per Land Use (Based on Gross Floor Area; fractions are rounded to whole number.) Offices General Office: 1 space per 500 s q. ft. floor area. Medical/Dental Office: 1 space per 350 sq. ft. floor area. Restaurants, Bars, Ice Cream 1 space per 4 seats or 1 space per 100 sq. ft. of gross floor area, Parlors, Similar Uses whichever is less. Retail Sales and Services General: 1 space per 350 s q. ft. floor area. Furniture and Appliances: 1 space per 750 s q. ft. floor area. Skating Rinks 1 space per 350 sq. ft. of gross floor area. Theaters, Auditoriums, Stadiums, Gymnasiums and 1 space per 4 seats. Similar Uses Travelers' Accommodations 1 space per guest room, plus 2 spaces for the owner or manager. Industrial Categories Industrial, Manufacturing and 1 space per 1,000 sq. ft. of gross floor area, or 1 space for each 2 Production, Warehousing and Freight employees whichever is less, plus 1 space per company vehicle. Institutional and Public Categories Aircraft Hangar - Ashland One space per hangar or one space per four aircraft occupying a Municipal Airport hangar, whichever is greater. Parking spaces shall be provided within the hangar or within designated vehicle parking areas identified in the adopted Ashland Municipal Airport Master Plan. Clubs, Fraternity and Sorority 2 spaces for each 3 guest rooms; in dormitories, 100 sq. ft. shall be Houses; Rooming and equivalent to a guest room. Boarding Houses; Dormitories Daycare 1 space per two employees; a minimum of 2 spaces is required. Golf Courses Regular: 8 spaces per hole, plus additional spaces for auxiliary uses. Miniature: 4 spaces per hole. Hospital 2 space per patient bed. Nursing and Convalescent 1 space per 3 patient beds. Homes Public Assembly 1 space per 4 seats Religious Institutions and 1 space per 4 seats. Houses of Worship Rest Homes, Homes for the 1 space per 2 patient beds or 1 space per apartment unit. Aged, or Assisted Living Schools Elementary and Junior High: 1.5 spaces per classroom, or 1 space per 75 s q. ft. of public assembly area, whichever is greater High Schools: 1.5 spaces per classroom, plus 1 space per 10 students the school is designed to accommodate; or the requirements for public assembly area, whichever is greater Colleges, Universities and Trade Schools: 1.5 spaces per classroom, plus 1 space per five students the school is designed to accommodate, plus requirements for on-campus student housing. Other Categories Temporary Uses Parking standards for temporary uses are the same as for primary Ordinance No. Page 24 of 32 Table 18.4.3.040 - Automobile Parking Spaces by Use Use Categories Minimum Parking per Land Use (Based on Gross Floor Area; fractions are rounded to whole number.) uses, except that the City decision-making body may reduce or waive certain development and designs standards for temporary uses. SECTION 10. Section 18.4.3.060 [Parking, Access, and Circulation - Parking Management Strategies] of the Ashland Land Use Ordinance is hereby amended as follows: 18.4.3.060 Parking Management Strategies Except for single-family dwellings, the off-street parking spaces may be reduced through the application of the following credits. The total maximum reduction in off-street parking spaces is 50 percent, except as allowed for Off-Site Shared Parking credits in subsection 18.4.3.060.E, below. The approval authority shall have the discretion to adjust the proposed off-street parking reduction based upon site specific evidence and testimonV, and may require a parking analysis prepared by a qualified professional. See 18.4.3.030.A.3 for parking analysis requirements. SECTION 11. Section 18.4.3.080(D), (E) and (F) [Parking, Access, and Circulation - Vehicle Area Design] of the Ashland Land Use Ordinance is hereby amended as follows: D. Driveways and Turn-Around Design. Driveways and turn-arounds providing access to parking areas shall conform to the following provisions. 1. A driveway for a single dwelling shall be minimum of nine feet in width, and a shared driveway serving two units shall be a minimum of 12 feet in width, except that driveways over 50 feet in length or serve a flag lot shall meet the width and design requirements of section 18.5.3.060. Accessory residential units are exempt from the requirements of this subsection. 2. Parking areas of seven or fewer spaces shall be served by a driveway 12 feet in width. Accessory residential units are exempt from the requirements of this subsection. 3. Parking areas of more than seven parking spaces shall be served by a driveway 20 feet in width and constructed to: facilitate the flow of traffic on or off the site, with due regard to pedestrian and vehicle safety; be clearly and permanently marked and defined; and provide adequate aisles or turn-around areas so that all vehicles may enter the street in a forward manner. 4. The width of driveways and curb cuts in the parkrow and sidewalk area shall be minimized. 5. For single-family lots and multi-family developments, the number of driveway approaches and curb cuts shall not exceed one approach/curb cut per street frontage. For large multi-family developments and other uses, the number of approaches and curb cuts shall be minimized where feasible to address traffic safety or operations concerns. Ordinance No. Page 25 of 32 6. Vertical Clearances. Driveways, aisles, turn-around areas and ramps shall have a minimum vertical clearance of 13.5 feet for their entire length and width. Parking structures are exempt from this requirement. 7. Vision Clearance. No obstructions may be placed in the vision clearance area except as set forth in section 18.2.4.040. 8. Grades for new driveways in all zones shall not exceed 20 percent for any portion of the driveway. If required by the City, the developer or owner shall provide certification of driveway grade by a licensed land surveyor. 9. All driveways shall be installed pursuant to City standards prior to issuance of a certificate of occupancy for new construction. 10. Driveways for lots created or modified through a land division or property line adjustment, including those for flag lots, shall conform to the requirements of chapter 18.5.3 Land Divisions and Property Line Adjustments. E. Parking and Access Construction. The development and maintenance as provided below, shall apply in all cases, except single-family dwellings and accessory residential units. 1. Paving. All required parking areas, aisles, turn-arounds, and driveways shall be paved with concrete, asphaltic, porous solid surface, or comparable surfacing, constructed to standards on file in the office of the City Engineer. 2. Drainage. All required parking areas, aisles, and turn-arounds shall have provisions made for the on-site collection of drainage waters to eliminate sheet flow of such waters onto sidewalks, public rights-of-way, and abutting private property. 3. Driveway Approaches. Approaches shall be paved with concrete surfacing constructed to standards on file in the office of the City Engineer. 4. Marking. Parking lots of more than seven spaces shall have all spaces permanently and clearly marked. 5. Wheel stops. Wheel stops shall be a minimum of four inches in height and width and six feet in length. They shall be firmly attached to the ground and so constructed as to withstand normal wear. Wheel stops shall be provided where appropriate for all spaces abutting property lines, buildings, landscaping, and no vehicle shall overhang a public right-of-way. 6. Walls and Hedges a. Where a parking facility is adjacent to a street, a decorative masonry wall or evergreen 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. Hi. All vegetation shall be adequately maintained by a permanent irrigation system, and said wall or hedge shall be maintained in good condition. Ordinance No. _ Page 26 of 32 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. 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 evergreen 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. Landscaping. In all zones, all parking facilities shall include landscaping to cover not less than seven percent of the area devoted to outdoor parking facilities, including the landscaping required in subsection 18.4.3.080.E.6, above. Said landscaping shall be uniformly distributed throughout the parking area, and provided with irrigation facilities and protective curbs or raised wood headers. It may consist of trees, plus shrubs, ground cover, or related material. A minimum of one tree per seven parking spaces is required. Single-family dwellings and accessory residential units are exempt from the requirements of this subsection. 8. Lighting. Lighting of parking areas within 100 feet of property in residential zones shall be directed into or on the site and away from property lines such that the light element shall not be directly visible from abutting residential property. Lighting shall comply with section 18.4.4.050. SECTION 12. Section 18.4.4.030(F)(2) [Landscaping, Lighting, and Screening - L] of the Ashland Land Use Ordinance is hereby amended as follows: F. Parking Lot Landscaping and Screening. Parking lot landscaping, including areas of vehicle maneuvering, parking, and loading, shall meet the following requirements. Single-family dwellings and accessory residential units are exempt from the requirements of subsection 18.4.4.030.F.2, below. 1. Landscaping. a. Parking lot landscaping shall consist of a minimum of seven percent of the total Ordinance No. Page 27 of 32 parking area plus a ratio of one tree for each seven parking spaces to create a canopy effect. b. The tree species shall be an appropriate large canopied shade tree and shall be selected from the street tree list approved by the Ashland Tree Commission to avoid root damage to pavement and utilities, and damage from droppings to parked cars and pedestrians. See the Ashland Recommended Street Tree Guide. c. The tree shall be planted in a landscaped area such that the tree bole is at least two feet from any curb or paved area. d. The landscaped area shall be distributed throughout the parking area and parking perimeter at the required ratio. e. That portion of a required landscaped yard, buffer strip, or screening strip abutting parking stalls may be counted toward required parking lot landscaping but only for those stalls abutting landscaping as long as the tree species, living plant material coverage, and placement distribution criteria are also met. Front or exterior yard landscaping may not be substituted for the interior landscaping required for interior parking stalls. 2. Screening. a. Screening Abutting Property Lines. A five foot landscaped strip shall screen parking abutting a property line. Where a buffer between zones is required, the screening shall be incorporated into the required buffer strip, and will not be an additional requirement. b. Screening Adjacent to Residential Building. Where a parking area is adjacent to a residential building it shall be setback at least eight feet from the building, and shall provide a continuous hedge screen. c. Screening at Required Yards. i. Parking abutting a required landscaped front yard or exterior yard shall incorporate a sight obstructing hedge screen into the required landscaped yard. ii. The screen shall grow to be at least 36 inches higher than the finished grade of the parking area, except within vision clearance areas, section 18.2.4.050. iii. The screen height may be achieved by a combination of earth mounding and plant materials. iv. Elevated parking lots shall screen both the parking and the retaining walls. SECTION 13. Section 18.4.4.030(G)(4) [Landscaping, Lighting, and Screening - Landscaping and Screening] of the Ashland Land Use Ordinance is hereby amended as follows: 4. Mechanical Equipment. Mechanical equipment shall be screened by placement of features at least equal in height to the equipment to limit view from public rights-of-way, Ordinance No. Page 28 of 32 except alleys, and adjacent residentially zoned property. Mechanical equipment meeting the requirements of this section satisfy the screening requirements in 18.5.2.020.0.34. a. Roof-mounted Equipment. Screening for roof-mounted equipment shall be constructed of materials used in the building's exterior construction and include features such as a parapet, wall, or other sight-blocking features. Roof-mounted solar collection devices are exempt from this requirement pursuant to subsection 18.5.2.020.C.34. b. Other Mechanical Equipment. Screening for other mechanical equipment (e.g., installed at ground level) include features such as a solid wood fence, masonry wall, or hedge screen. SECTION 14. Section 18.4.9.040(C) [Disc Antennas - Development Standards] of the Ashland Land Use Ordinance is hereby amended as follows: C. No more than one disc antenna shall be permitted on each lot, except three or fewer parabolic disc antennas, each under one meter in diameter, are permitted on any one lot in accordance with 18.5.2.020.C.34.b. SECTION 15. Section 18.5.2.020 (B) and (C) [Site Design Review - Applicability] of the Ashland Land Use Ordinance is hereby amended as follows: B. Residential Uses. Site Design Review applies to the following types of residential uses and project proposals, pursuant to section 18.5.2.030 Review Procedures. 1. Two or more dwelling units on a lot in any zoning district, including the addition of an accessory residential unit, on a let in any zoning district unless exempt from Site Design Review per subsection 18.2.3.040.A.. 2. Construction of attached (common wall) single-family dwellings (e.g., townhomes, condominiums, rowhouses) in any zoning district. 3. Any exterior change, including installation of Public Art, to a structure individually listed on the National Register of Historic Places that requires a building permit. 4. Any change to off-street parking or landscaping in a residential development where such parking or landscaping is provided in common area (e.g., shared parking) and is approved pursuant to chapter 18.3.9 Performance Standards Option. 5. Any change in use that requires a greater number of parking spaces. 6. Installation of mechanical equipment not fully enclosed in a structure and not otherwise exempt from Site Design Review per subsection 18.5.2.020.C. 7. Installation of wireless communication facilities (e.g., accessory to a residential use), in accordance with section 18.4.10. C. Exempt From Site Design Review. The following types of uses and projects are exempt from Site Design Review, but aFe r fired to Gomm; with the appliG ble provision-,; Af part 1§:.A Site Development and Design Standards. Ordinance No. Page 29 of 32 I 1. Detached single-family dwellings and associated accessory structures and uses„ that aecessery residential units require Site Design Review p nt except setion 42.2.1-40. 2. Accessory residential units meeting the requirements of subsection 18.2.3.040.A. 33. Land divisions and property line adjustments, which are subject to review under chapter 18.5.3. 43. The following mechanical equipment. a. Private, non-commercial radio and television antennas not exceeding a height of 70 feet above grade or 30 feet above an existing structure, whichever height is greater, and provided no part of such antenna shall be within the setback yards required by this ordinance. A building permit shall be required for any antenna mast or tower over 50 feet above grade or 30 feet above an existing structure when the same is constructed on the roof of the structure. b. Not more than three parabolic disc antennas, each under one meter in diameter, on any one lot or dwelling unit. c. Roof-mounted solar collection devices in all zones, with the exception of E-1 and C-1 zoned properties located within designated historic districts. The devices shall comply with solar setback standards described in chapter 18.4.8 and the height standards of the respective zoning district. d. Roof-mounted solar collection devices on E-1 and C-1 zoned properties located within designated historic districts if the footprint of the structure is not increased, the plane of the system is parallel to the slope of the roof and does not extend above the peak height of the roof or existing parapets, or is otherwise not visible from a public right-of-way. The devices shall comply with solar setback standards described in chapter 18.4.8 and height requirements of the respective zoning district. e. Installation of mechanical equipment other than those exempted in 18.5.2.020.0.34, subsections a - d, above, and which is not visible from a public right-of-way, except alleys, or adjacent residentially zoned property and consistent with other provisions of this ordinance, including solar access in chapter 18.4.8, and noise and setback requirements of subsection 18.2.4.020.6. See also, screening standards for mechanical equipment in subsection 18.4.4.030.G.4. f. Routine maintenance and replacement of existing mechanical equipment in all zones. SECTION 16. Section 18.6.1.030 [Definitions] of the Ashland Land Use Ordinance is hereby amended as follows: Accessory Use. A use or activity that is subordinate to a primary use and that is clearly incidental to the primary use on a site. See also, definition of Primary Use. Dwelling. A structure conforming to the definition of a dwelling under applicable building codes and providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Buildings with more than one set of cooking facilities are considered to contain multiple dwelling units or accessory Ordinance No. Page 30 of 32 dwelling units, as applicable, unless the additional cooking facilities are clearly accessory to the primary use, such as an outdoor grill or wet bar. For the purposes of this ordinance, the following types of dwelling units are defined: - Accessory Residential Unit. A secondary dwelling unit on a lot where the primary use is a single-family dwelling, either attached to a single-family dwelling within a portion of an existing single-family dwelling (i.e. conversion of gross floor area within the primary residence), or in a detached building located on the same lot, and having an independent means of access (i.e., door). - Duplex Dwelling. A structure that contains two dwelling units located on one lot. The units must share a common wall or common floor/ceiling. - Manufactured Home. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes, and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations in effect at the time of construction. - Mobile Home. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes, and that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction. - Multifamily Dwelling. A dwelling in a structure or grouping of structures containing two or more dwelling units located on one lot. - Senior Housing. Housing designated and/or managed for persons over a specified age. Specific age restrictions vary, and uses may include assisted living facilities, retirement homes, convalescent or nursing homes, and similar uses not otherwise classified as Residential Homes or Residential Facilities. - Single-Family Dwelling. A detached or attached structure containing one dwelling unit located on its own lot. Parking Area or Lot. Any area inside, under, or outside of a building or structure, designed and used for parking motor vehicles, including parking lots, garages, or structures. Private Parking Area or Lot. A parking area for the exclusive use of the owners of the lot on which the parking area is located or whomever else they permit to use the parking area. - Public Parking Area or Lot. A parking area available to the public, with or without payment of a fee. Primary Use. An activity or combination of activities of chief importance on the site. One of the main purposes for which the land or structures are intended, designed, or ordinarily used. A site may have more than one primary use. See also, definition of Accessory Use. Ordinance No. Page 31 of 32 Retail Sales and Services. Retail sales and service uses sell, lease, or rent new or used products, goods, or services. TheV include services such as a beauty salon, barber, repair service, and similar uses. SECTION 17. Savinl1s. Notwithstanding this amendment/repeal, 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 18. 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 19. 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 6-7) 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 day of 2018, and duly PASSED and ADOPTED this day of 12018. Melissa Huhtala, City Recorder SIGNED and APPROVED this day of , 2018. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 32 of 32 BEFORE THE CITY COUNCIL CITY OF ASHLAND, JACKSON COUNTY, OREGON July 17, 2018 In the Matter of Amendments to the Ashland Municipal ) Code Title 18 Land Use to accessory residential unit ) FINIDNGS OF FACTAND requirements and miscellaneous edits for clarity and ) CONCLUSIONS OF LAW consistency. ) PURPOSE: In an effort to address the rental housing supply and supply of studio and one-bedroom units, the purpose of the ordinance amendments is: 1) to provide an incentive for the development of accessory residential units (ARUs) in single-family zones that are less than 500 square feet in size and located within or attached to a single-family dwelling by providing a streamlined approval process, 2) to improve the approval process for ARUs by eliminating additional multi-family landscaping and open space requirements and reducing off-street parking requirements, 3) to improve the approval process for ARUs located in the Rural Residential zone by eliminating street and slope requirements, and 4) to reduce repetitive language, correct inadvertent omissions, provide clarification and consistency and define terms by making minor edits and corrections to the ordinance. PUBLIC HEARINGS: A Public Hearing was held at the Planning Commission on April 24, 2018 and at the City Council on June 19, 2018. Newspaper notices were published in accordance with AMC 18.5.1.070.D.3 in the Ashland Daily Tidings on April 14, 2018 prior to the Planning Commission public hearing and on April 24, 2018 and on June 8, 2018 prior to the City Council public hearing and first reading of the ordinances on June 19, 2018. Notice was also sent to the Oregon Department of Land Conservation and Development on September 25, 2017. REVIEW CRITERIA The decision of the City Council together with the recommendation by the Planning Commission was based on consideration and findings of consistency with the following factors. A. Consistency with City of Ashland Requirements for Legislative Amendments in AMC 18.5.9.020.B B. Consistency with City of Ashland Comprehensive Plan and other applicable City of Ashland Goals and Policies C. Consistency with Oregon land use laws, regulations including Oregon Senate Bill 1051 and the Regional Plan EVALUATION AND COUNCIL FINDINGS: Findings of Fact and Conclusions of Law Page 1 The ordinance amendments create a streamlined approval process for ARUs that are less than 500 square feet in size and located within or attached to a single-family home. The amendments exempt qualifying ARUs from the planning application requirement and allow a property owner to obtain a building permit to convert existing floor area or construct an ARU attached to a home. The streamlined approval process is allowed in the R-1, R-1-3.5, RR, NN and NM zones. The ARUs could be built as part of new construction or added to a primary residence at a later date. While the primary residence is required to have two off-street parking spaces, off-street parking would not be required for the ARU if on-street parking is available within 200 feet of the property. Existing requirements for ARUs would continue to apply including the ARU size is limited to half the size of the primary residence and the structures and site have to meet the setbacks and lot coverage for the zone. The amendments also include a change in the off-street parking requirement for ARUs, exemptions from multi-family site design standards and changes to the requirements for ARUs in the Rural Residential (RR) zone. The proposal is to require one parking space for ARUs up to 800 square feet in size instead of the current requirement of one space required for ARUs up to 500 square feet in size. This off-street parking requirement is the same as the recently adopted cottage housing off-street parking requirement. Additionally, ARUs are exempted from the multi-family landscaping and open space requirements. Finally, two requirements for ARUs in the Rural Residential (RR) zone are deleted including the prohibition of ARUs on hillside lands (i.e., 25 percent slope and greater) and a location on an improved city street that is at least 20 feet in paved width with curbs, gutters and sidewalks. The ordinance amendments also include miscellaneous edits for clarity and consistency. The miscellaneous edits involve changes to the ordinance to remove repetitive language, correct omissions from the 2015 code update, provide clarification to existing sections and define terms that are currently used in the code. The meeting materials from the June 19, 2018 City Council Business Meeting include a list of the housekeeping amendments and staff notes in the draft ordinance explaining the housekeeping amendments. A. Consistency with City of Ashland Requirements for Legislative Amendments in AMC 18.5.9.020.B. B. Type III. It may be necessary from time to time to make legislative amendments in order to conform with the Comprehensive Plan or to meet other changes in circumstances or conditions. The Type III procedure applies to the creation, revision, or large-scale implementation of public policy requiring City Council approval and enactment of an ordinance; this includes adoption of regulations, zone changes for large areas, zone changes requiring comprehensive plan amendment, comprehensive plan map or text amendment, annexations (see chapter 18.5.8 for annexation information), and urban growth boundary amendments. The following planning actions shall be subject to the Type III procedure. 1. Zone changes or amendments to the Zoning Map or other official maps, except where minor amendments or corrections may be processed through the Type II Findings of Fact and Conclusions of Law Page 2 procedure pursuant to subsection 18.5.9.020.A, above. 2. Comprehensive Plan changes, including text and map changes or changes to other official maps. 3. Land Use Ordinance amendments. 4. Urban Growth Boundary amendments. AMC 18.5.9.020.B permits legislative amendments to meet changes in circumstances and conditions. The City Council finds it is necessary to amend the ARU requirements to encourage the development of small units less than 500 square feet in size, to address the rental housing supply and low vacancy rates for rental housing, to encourage the development of studio and one-bedroom dwelling units to provide for Ashland's substantial portion of single-person occupied households, and to respond to changes in the housing supply, in part affected by the lack of construction of housing units during the recession. The City Council identified the need to provide incentives to create affordable and workforce housing in the 2015-2017 Council Goals and Objectives. Local newspapers reported vacancy rates in rental housing below two percent for the Rogue Valley ("Merkley: Oregon is in a Housing Crisis," March 30, 2016, The Medford Mail Tribune; "Rogue Valley's Top 10 Stories", December 31, 2017, The Medford Mail Tribune). Also reported at the end of 2017, were tenants reporting rent increases up to 40 percent. The 2016 American Community Survey shows that 39.4 percent of Ashland households are single-person occupied compared to 27.8 percent of Oregon households, and 44.8 percent of single-person households in Ashland are renter-occupied compared to 36 percent Oregon households. In addition, Ashland's average household size was 2.03 persons per household in the 2010 Census, compared to 2.47 people per household in Oregon. The Oregon Legislature passed Senate Bill 1051 in 2017 which includes a requirement that cities with populations greater than 2,500 and counties with populations greater than 15,000 allow at least one accessory dwelling unit for each detached single-family dwelling in single-family zones subject to reasonable local regulations relating to siting and design. The purpose of the legislation was to address the statewide need for affordable housing because of increasing population, increasing housing prices outpacing employment and wage growth, and insufficient housing supply impacted by less building during the recession. The City Council finds the amendments to the land use ordinance for ARUs are necessary to respond to recent changes to the rental housing supply including limited availability as indicated by low vacancy rates and increased prices. In addition, the amendments are intended to encourage the development of studio and one-bedroom dwelling units to provide for Ashland's substantial portion of single-person households in Ashland that require rental housing. Finally, the Council finds that ARUs can be an economical way to add rental units to the housing supply and at the same time, provide a compatible type of development in existing and new single-family neighborhoods. The City Council finds Findings of Fact and Conclusions of Law Page 3 that the ordinance amendments are consistent with the requirements for Legislative Amendments in AMC 18.5.9.020.B. B. Consistency with the Ashland Comprehensive Plan and other applicable City of Ashland Goals and Policies The ordinance amendments are consistent with the goals and policies in the Ashland Comprehensive Plan. The Ashland Comprehensive Plan includes a housing goal to "Ensure a variety of dwelling types and provide housing opportunities for the total cross- section of Ashland's population, consistent with preserving the character and appearance of the city." As stated previously, the revisions are intended to address the rental housing supply and encourage the development of studio and one-bedroom units for Ashland's significant share of single person and small households. The 2015-2017 Council Goals and Objectives identified a goal of seeking opportunities to enable all citizens to meet basic needs (Goal 5) and an objective to pursue affordable housing opportunities, especially workforce housing and identify specific incentives for developers to build more affordable housing (Objective 5.2). The 2012 Ashland Housing Analysis identified a deficit in rental housing for extremely- low income (less than 30 percent of area median income) and low-income households (between 30 and 50 percent of area median income) and recommended more rental studio and one-bedroom units. The City Council finds that the ordinance amendments are consistent with and implement applicable Ashland Comprehensive Plan Goals and Policies and other applicable City of Ashland Goals and Policies. The miscellaneous amendments for clarity and consistency involve changes to the land use ordinance to remove repetitive language, correct omissions from the 2015 code update, provide clarification to existing sections and define terms that are currently used in the code. The City Council finds that the miscellaneous amendments are not substantive in nature because the changes are either intended to make the existing wording more clear or are items that were inadvertently repeated or deleted in the 2015 code update. C. Consistency with Oregon land use laws and regulations including specifically Oregon Statewide Planning Goal 10 and with the Regional Plan Statewide Planning Goal 10 requires cities to inventory and plan for buildable lands for residential use to provide for adequate numbers of needed housing units at price ranges and rent levels which are commensurate with the financial capabilities of Oregon households and to allow for flexibility of housing location, type and density. In 2017, the Oregon Legislature passed Senate Bill 1051 which included a provision that requires cities and counties to allow at least one accessory dwelling unit per lot in areas Findings of Fact and Conclusions of Law Page 4 zoned for detached single-family dwellings subject to reasonable local regulations relating to siting and design. The new regulations become effective on July 1, 2018. See Guidance on Implementing the Accessory Dwelling Units (AD U) Requirement under Oregon Senate Bill 1051 by the Oregon Department of Land Conservation and Development, March 2018. While not all communities in Oregon allow ARUs, Ashland is in the 27`' year of allowing ARUs in single-family zones. Since Ashland began allowing ARUs in 1991, 191 units have been approved at an average of seven ARUs approved a year. According to staff's research, 79 ARUs have been approved in the last ten years (2007 - 2017) and 41 of those units, or 52 percent, were less than 500 square feet in size. The ordinance amendments are intended to streamline and improve the City's existing approval process for ARUs to further encourage the development of small second residential units in single-family zones. The Council finds that the City's existing ARU requirements and process complies with Senate Bill 1051 and has resulted in significant ARU development given the population of Ashland and the annual rate of development. The Council also finds that refining the existing requirements and streamlining the ARU approval process to encourage ARU development addresses the accessory dwelling requirement of Senate Bill 1051. The City Council finds that the ordinance amendments are consistent with the applicable Statewide Planning Goals and Senate Bill 1051. The City of Ashland participated in the regional planning process that resulted in the adoption of the Greater Bear Creek Valley Regional Plan in 20 t 2. Cities throughout the region identified reserve areas to accommodate housing for future population growth. The City of Ashland decided to accommodate housing for future population with the Ashland's current boundaries rather than identify future growth areas on the perimeter of the city. The City of Ashland committed to provided 6.6 units per gross acre for new development as part of the regional planning process. The City Council finds that the ordinance amendments are consistent the Greater Bear Creek Valley Regional Plan. OVLRALL COUNCIL CONCLUSIONS The City Council finds and determines the approval criteria for this decision have been fully met, based on the detailed findings set forth herein and the detailed findings and analysis of the Planning Commission, together with all staff reports, addenda and supporting materials in the whole record. Specifically, the Council finds that the ordinance amendments are consistent with City of Ashland requirements for Legislative Amendments in AMC 18.5.9.020.B. The Council finds that the amendments are consistent with and implement applicable Ashland Comprehensive Plan Goals and Policies and other City of Ashland Goals and Policies. The Council finds and determines that the amendments are consistent Oregon land use laws and regulations including Oregon Statewide Planning Goal 10 Housing and Senate Bill 1051 and with the Greater Bear Creek Valley Regional Plan. Findings of Fact and Conclusions of Law Page 5 Accordingly, based on the above Findings of Fact and Conclusions of Law, and based upon the evidence in the whole record, the City Council hereby APPROVES the ADOPTION of the following amendments to the AMC Title 18 Land Use as reflected in an ordinance amending chapters 18.2.2, 18.2.3, 18.3.4, 18.3.5, 18.3.9, 18.4.2, 18.4.3, 18.4.4, 18.4.9, 18.5.2 and 18.6.1 of the Ashland Land Use Ordinance relating to accessory residential units and miscellaneous edits for clarity and consistency. Ashland City Council Approval John Stromberg, Mayor Date Signature authorized and approved by the full Council this 17th day of July, 2018. Attest: Melissa Huhtala, City Recorder Approved as to form: David Lohman, Ashland City Attorney Date Findings of Fact and Conclusions of Law Page 6