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HomeMy WebLinkAbout2018-06-26 Planning PACKET Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is not allowed after the Public Hearing is closed. ASHLAND PLANNING COMMISSION SPECIAL MEETING June 26, 2018 AGENDA I. CALL TO ORDER: 7:00 PM, Civic Center Council Chambers, 1175 E. Main Street II. ANNOUNCEMENTS III. AD-HOC COMMITTEE UPDATES IV.PUBLIC FORUM V. TYPE III PUBLIC HEARINGS A. PLANNING ACTION: PA-L-2018-00003 DESCRIPTION: Ordinances 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 the development standards for Wildfire Lands, amend the official Physical and Environmental Constraints Map to City Limits, and amend Chapter 9.04 of the Ashland Municipal Code to establish a Prohibited Flammable Plants List. VI.TYPE II PUBLIC HEARINGS A. PLANNING ACTION: PA- 2017-01486 SUBJECT PROPERTY: 1250 Ashland Street OWNER/APPLICANT: Southern Oregon University/Smartlink LLC for Verizon Wireless DESCRIPTION: of a request for a Site Design Review Permit to install wireless communication facilities ( antennas ) on the roof of the Science Building at 1250 Ashland Street on the and associated equipment Southern Oregon University Campus. The application also includes a request for a Conditional Use Permit because with the installation of panels proposed to screen the wireless communication facility installation, the building height will exceed 40 feet. COMPREHENSIVE PLAN DESIGNATION: Southern Oregon University Distri 15BB; TAX LOT #: 100 VII. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 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). TYPE III PUBLIC HEARING _________________________________ PA-L-2018-00003 Wildfire Lands Ordinance Memo DATE: 6/26/2018 TO: Planning Commission FROM: Brandon Goldman, Senior Planner RE: Development Standards for Wildfire Lands ordinance amendments SUMMARY The Planning Commission is scheduled to hold a public hearing on the proposed ordinance updating the Development Standards for Wildfire Lands. The Planning Staff Report attached provides a general summary of the ordinance amendments being presented for consideration. This memo is intended to highlight specific changes that have been made to the wildfire took place on February 27, 2018. The Tree Commission and Wildfire Mitigation Commission reviewed the initial draft of the ordinance and have provided recommendations for consideration as included in the Planning Staff report. The City Council is scheduled to hold a public hearing and first reading of the draft ordinances on July 17, 2017. Wildfire Development Standards Amendments During the February 27 Planning Commission study session, Commissioners identified a number of sections of code to address in the final draft proposal: An approval criteria in the February 2018 draft contained language that may have been difficult to apply in a clear an objective manner. Specifically the prior draft section 18.3.10.100.A.3 balanced with the need to preserve and/or plant a sufficient number of trees and plants for erosion prevention, . Given this language related in part to the underlying purpose of the standards, was removed from the criteria section and relocated to the introductory description and purpose statement. The section regarding preservation of trees and plants for erosion prevention and enhancement of water resources was relocated to 18.3.10.100.A.3.a.v so that potential impacts to hillside, riparian, and wetland areas may be considered in establishing conditions of approval. Department of Community Development Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us The Planning Commission requested that the ordinance address fencing materials to reduce the risk of fire spreading to an adjacent structure. A new section has been added to the wildfire standards (18.3.10.100.A.4) as well as to the Fences and Walls section (18.4.4.060) to establish the requirements for new fencing within the Wildfire Lands Overlay. These provisions are found in Section 7 of the attached draft ordinance and amend 18.4.4.060.B.8 of the land use ordinance. These new provisions require that fencing attached to a building or deck shall be made of non- combustible materials within five feet of the connection to the structure. The new section further clarifies what constitutes non-flammable fencing, and that it only applies to existing fencing when the fence is retrofitted to attach to a new building or structure. Planning Commissioners commented that the language describing screening hedgsis often interpreted as needle bearing. It was suggested the term evergreen be used in addition to being fire-resistant and site obscuring. This change has been made throughout the draft ordinance where a hedge or screening is described. The Planning Commission identified that a number of terms used in the earlier draft would require definitions to be included in the final ordinance proposed. New definitions are outlined in Section 12 of the attached raft Ordinance amending Chapter 18.6.1 of the Land Use Ordinance. th In addition to the changes discussed by the Planning Commission on February 27, 2018, Staff has made a number of changes to the ordinance for clarity. Additionally the previous section entitled Adjustments to a Fire Prevention and Control Plan and General Modification Area Requirements was deleted as Staff believed it was better addressed within the specific sections to which the adjustments applied. This section in the early draft of the ordinance was intended to outline an allowance for staff to reduce or waive general requirements as part of an initial planning review or building permit review. The General Fuel Modification Area Standards in the final draft of the ordinance have been amended to include the specific language that provides the staff advisor and fire code official the ability to reduce or waive requirements when it is demonstrated that the fire risk has been reasonably reduced such as in cases where ignition resistant materials and construction methods, or vegetation om exterior wildfire exposure. (18.3.10.100.B.2.m). The submittal requirements for a Fire Prevention and Control Plan similarly have language that allows the Staff Advisor to waive submittal requirements when it is determined that they are not reasonably necessary to make a decision on an application (18.3.10.100.A.2). Given these two sections sufficiently address this intended flexibility in submittal requirements, and fuel modification standards, the prior standalone section titled Adjustments to a Fire Prevention and Control Plan and General Modification Area Requirements was redundant and unnecessary. Next Steps The materials presented to the Planning Commission at this public hearing are to be th presented to the City Council at a public hearing on July 17, 2018. The Planning Department of Community Development Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us and ordinance will be forwarded to the Council for their consideration during deliberation on the proposed ordinance. Attachments : Planning Staff Report: PA-L-2018-0003 dated 6/26/2018 Draft Chapter 18 Ordinance amendments relating to Development Standards for Wildfire Lands Draft Chapter 9 Ordinance amendments relating to establishment of a Prohibited Flammable Plant List Draft Resolution relating to establishment of a Prohibited Flammable Plant List Draft Physical and Environmental Constraints Map - Wildfire Lands overlay Community Planning Assistance for Wildfire (CPAW) Memo dated January 2017 Community Planning Assistance for Wildfire (CPAW) Best Practices Report dated April 2017 Public Comment Letter from Daniel Dawson (5/16/2018) o Letter from Tom Sager (5/30/2018) o Letter from Jason & Kelly Eaton, Julie ODwyer, Michael Hodgins (6/21/2018) o Department of Community Development Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us ASHLAND PLANNING DIVISION STAFF REPORT July 26, 2018 PLANNING ACTION: PA-L-2018-00003 APPLICANT: City of Ashland ORDINANCE REFERENCES: AMC 18.3.10 Physicaland 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 AMC18.6.1 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 amendthe 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;18.4.4Landscaping, 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. I.Relevant Facts A.Background th OnApril 15, 2014 the City Council directed Staffprepare 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 boundaryand amendments tothe Development Standards for Wildfire Landsat study sessions on June 24, 2014, February 24, 2015, November 24, 2015, February 23, 2016, and February 27, 2018. The TreeCommission discussed the amendmentsduring regular meetings on April 9,2015, December 10, 2015, and March 8, 2018. Planning Action PA-L-2018-00003Ashland Planning Division–Staff Report Applicant: City of AshlandPage 1of 6 The Wildfire Mitigation Commission discussed the amendmentsduring 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 Assistancefor Wildfire (CPAW)to evaluate our community’s risks andto 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 theirrecommendations intended to ensure wildfire is considered alongside othercommunity 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 theWildland 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 requirethat applications to partition or subdivide properties, and site review applications for commercial and multi-family developments, provide aFire 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.AGeneral Fuel Modification Area, where highly flammable plants are thinned or removedin 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.. TheGeneral 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 anewbuilding, addition,or deck. Planning Action PA-L-2018-00003Ashland Planning Division–Staff Report Applicant: City of AshlandPage 2of 6 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 Areasnewly include flexibility to allow theStaff 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 thata significantconifer tree is one that as having a diameter at breast height (dBH)of at least18inches, or is a deciduous tree with a dBHof 12 inches or greater. This amendmentprovides 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 requiresthatwhena propertyis large enough to be partitioned, subdivided or be further developed with multifamily unitsthen atree removal permit would requireto removetrees greaterthan 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 ProhibitedFlammable Plantlist. 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 prohibitedflammableplantlistwould 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-2018-00003Ashland Planning Division–Staff Report Applicant: City of AshlandPage 3of 6 Change in Circumstances or Conditions AMC 18.5.9.020.B 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 requirementsfor a FirePrevention and Control Plan, as well as establish new requirements for the implementation of required fuel modification areasnot 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 overlayboundary 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 Goalsrelating to Planning for Wildfires Statewide Planning Goal7 \[Areas Subject to Natural Hazards\] 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: interface area from the devastating effects of wildfire. Lessen the possibility of wildfire spreadingto the Ashland watershed from the urban/wildland interface area The 2018 Multi-Jurisdictional Natural Hazard Mitigation Plan \[Ashland Addendum\] : Goal: Reduce the threat of loss of life and property from natural hazards by incorporating information on known hazards and providing incentives to make hazard mitigation planning a priority in land use policies and decisions, including plan implementation. The City Council set a strategic goal in 2015 that specifically relatedto 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 a fire safe landscaping ordinance to regulate plantings around new structures. Planning Action PA-L-2018-00003Ashland Planning Division–Staff Report Applicant: City of AshlandPage 4of 6 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 aimto 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. II.Procedural 18.5.9.020Applicability 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.Conclusionsand Recommendations Local climatic, geographic,topographicand vegetation profileconditions impact fire prevention efforts, and the frequency, spread, acceleration, intensity, and size of fire involvingbuildings 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-2018-00003Ashland Planning Division–Staff Report Applicant: City of AshlandPage 5of 6 st The Wildfire Mitigation Commission reviewed the draft ordinance on March 21, 2018 and recommend approval of the ordinance and the expansion of the Wildfire Lands overlay to include the entire City. Tree Commission th The Tree Commissionreviewed the draft ordinance on March 8, 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 Commissionexemption included inthe ordinance to !bmtp!opufe!uibu!uifsf!dpvme!cf! preserve large native/conifer large trees while noting that large stature conifers can be fire resistant. The ordinance now includes allowances to exemptestablished conifer trees from the general fuel management requirements whenit is demonstrated thatpruning thetree 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 theproposed plantingwill not pose a fire risk.Lastly the Tree Commission recommended that the City should create anewfull time Urban Forester position to assist with the implementation of the ordinance. PlanningCommission The Planning Commission’sformal recommendation to the Council regarding the attached map amendment and ordinance will be prepared by Staff and presented to the Commission on July th 10, 2018. Additionally arepresentative from the Planning Commission is invited to provide the Commissions recommendationsto the City Council during the public hearing scheduled for July th 17, 2018. Planning Action PA-L-2018-00003Ashland Planning Division–Staff Report Applicant: City of AshlandPage 6of 6 ORDINANCE NO.______ AN ORDINANCEAMENDING CHAPTER9.04 OF THE ASHLAND LAND USE ORDINANCE TODECLARE PROHIBITED FLAMMABLE PLANTS A NUISANCE. Annotated to show deletions and additionsto the code sections being modified. Deletions are bold lined throughbold underlined and additions are . 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, aswell 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 Ashlandhas 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’ssuburban/wildlandinterface 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 ordinancewill assist in preparing the City to be more resilient to climate change impacts, includingwildfire, 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 andrecord, 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 ordinancein 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 1of 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: 9.04.002Purpose 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) 9.04.005Definitions 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. F.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. GH ..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 2of 6 9.04.010Weeds 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 Listwithin a general fuel modification area in the City is declared to be a nuisance . 9.04.012Noxious 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. 9.04.015Exemptions 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 Plantswhich wereestablished prior to the effective date of this ordinanceon 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. 9.04.020Responsibility 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 3of 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 propertywithin a general fuel management 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 seedlingsand volunteer plantsof listed prohibited flammable plants as often as needed to prevent them from posing an increased fire hazard. 9.04.024Responsibility 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 goingto seed. 9.04.028Abatement Process The Uniform Abatement Process set forth in chapter AMC 2.31shall 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. 9.04.030Violation Penalty Any person who violates any provision of this Chapter is subject to Section 1.08.020of the Ashland Municipal Code. Any violation of this section is a Class I violation. 9.04.040Notice to Abate–Contents In case of failure or neglect of any such agent, owner or occupant to cutweeds 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. 9.04.050Notice 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 4of 6 cannot be found in person withinthe 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 tosuch 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. SECTION2. A Prohibited Flammable Plant Listshall be maintained by the City of Ashland and approved by Resolution of the City Council. SECTION3. 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 5. 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. Sections3-5)need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. Ordinance No. ____Page 5of 6 The foregoing ordinance was first read by title only in accordance with Article X, th Section 2(C) of the City Charter on the ___day of _________,2018, th and duly PASSED and ADOPTED this ___day of _________, 2018, _______________________________ Melissa Huhtala, City Recorder SIGNED and APPROVED this ___ day of _________, 2018,. ________________________ John Stromberg, Mayor Reviewed as to form: _______________________________ DavidH.Lohman,City Attorney Ordinance No. ____Page 6of 6 ORDINANCE NO.______ AN ORDINANCEAMENDING CHAPTERS 18.3.10, 18.4.3.080, 18.4.4,18.5.1,18.5.3.060, 18.5.5.020, 18.5.7AND 18.6.1OF THE ASHLAND LAND USE ORDINANCETOAMEND DEVELOPMENT STANDARDSFOR WILDFIRE LANDS. THIS ORDINANCE ALSO AMENDSTHEOFFICIAL PHYSICAL AND ENVIRONMENTAL CONTRAINTS MAPTO EXPAND THE BOUNDARY OF ASHLAND’S DESIGNATED WILDFIRE LANDS TO INCLUDE ALL PROPERTIES WITHIN THE CITY LIMITS. Annotated to show deletions and additionsto the code sections being modified. Deletions are bold lined throughbold underlined and additions are . 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 ofthis 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 findsthat theAshland 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 threatof wildfire to the community which a legitimate and beneficial goal; and is WHEREAS , the City of Ashlandhas determined that the application of development standards for wildfire lands, and regulation oflandscape profiles for new construction,supports the following City Comprehensive Plan Environmental Resources Goal: “Protect Life, property and environmental resources in Ashland’ssuburban/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, includingwildfire, as expressed in the 2017 Climate Energy Action Plan, and Ordinance No. ____Page 1of 20 WHEREAS , the Planning Commissionof the City of Ashland conducted onJune26, 2018a 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. Chapter18.3.10.100 \[Development Standards for Wildfire Lands\] of the Ashland Land Use Ordinance is hereby repealed in its entirety and replaced as follows: 18.3.10.100Development 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 SubdivisionsPerformance 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 Reviewincreasing 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.B and include the submission materials listed below. The Staff Advisor may waive a plan submittal requirement if the Staff Advisor determines it isnot reasonably necessary in order to make a decision on the application. Ordinance No. ____Page 2of 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: iAreas where shrubs and bushes will be removed including a description of the species and size, ii. Areas where trees will be removed to reduce interlocking tree canopies including a description of the species and diameter at breast height (DBH), iii. New trees, shrubs and bushes to be planted including the species, location and size at maturity, iv. Significant trees to be retained. g. The location of and information addressing required general fuel modification area setback areas as described in subsection 18.3.10.100.B. h. A schedule and timetable for vegetation removal and thinning shall be included in the Fire Prevention and Control Plan. An exception to the implementation schedule may be granted by the Fire Code Official. 3.Approval Criteria.The hearing authority, in consultation with the Fire Code Official, shall approve the Fire Prevention and Control Plan upon demonstration ofcompliance with the standards required by this chapter.. a. In order to meet the purpose and standards of this chapter the hearing authority, in consultation with the Fire Code Official, may require the following through the imposition of conditions attached to the approval. i. Delineation of areas of heavy vegetation to be thinned and a formal plan for such thinning. ii.Clearing of sufficient vegetation to reduce fuel load. iii.Removal of all dead and dying trees. iv.Relocation of proposed structures and roads to reduce the risks of wildfire and improve the chances of successful fire suppression. v.Preservation or planting a sufficient number of trees and plants for erosion preventionand 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 3of 20 records, and the City shall be named as a beneficiary of such covenants, restrictions, and conditions. B. Requirements for Construction of allBuildings 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 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. ii.Ten (10) feet above the roof of a new building, or addition. Ordinance No. ____Page 4of 20 iii.Ten (10) feet from the furthest extension of a new building, or addition or deck. iv.In circumstances where pruning a tree to meetthe clearance from structures requirements of 18.3.10.100.B.2.d. i-iii, would compromise the health and survival of existing trees, the Staff Advisor may modify those requirements, but at a minimum the trees shall be pruned to maintain a ground clearanceconsistent with 18.3.10.100.B.2.i. f. Canopy spacing of the outermost limbs of trees on the City’s Prohibited Flammable Plant List shall be separated by at least ten (10) feet at mature size. i. Groups of trees in immediate proximity to each other may be considered as one tree canopy when approved by the Staff Advisor in consultation with the Fire Code Official. ii. Canopy spacing requirements do not apply to significant trees, as defined in part 18.6, or trees that are not listed on the City’s Prohibited Flammable Plant List. g.Fire resistant trees, those not listed on the City’s Prohibited Flammable Plant List, shall be maintained to provide clearance from structures as follows: i.10 feet horizontal clearance from a chimney outlet. At no time shall tree crowns or limbs extend into the vertical plane of a chimney outlet. ii.Tree limbs shall be pruned to ensure they do not touchany 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 Listshall be pruned to provide a ground clearanceofa 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. l. 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 5of 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 standardsoutlined 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 requiringpublic improvements. The Fire Code Official, or designee, shall inspect and approve the implementation of the Fire Prevention and Control Planand providewritten 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 constructionof buildings and decksrequiring 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 standardsshall be verified. The property owner, or subsequent property owners, shall be responsible for maintaining the property in Ordinance No. ____Page 6of 20 accord with the General Fuel Modification Area standards as defined in 18.3.10.100.B.2. D. Minor Amendments. Changes to apreviouslyapproved 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 donot constitute an increased risk to the spread of wildfire. 1. Minor amendments to an approved Fire Prevention and Control Planinclude 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 areidentified 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 ofa 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.B.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 7of 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 UseOrdinance 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. a trunk 18 caliper ii. The removal of one or more living conifers having inches or larger in diameter at breast height (DBH), and broadleaf trees having a trunk 12 caliper inches or larger at breast height (DBH).greater thantwo feet DBH, or living broadleaf trees greater than one foot DBH. b. Hillside Land and Severe Constraints Land. Tree removal, in areas identified as Hillside Land and Severe Constraint Land, except that a permit need not be obtained for tree removal that is not associated with development, and and carried out in accord done for the purposes of wildfire management with a Fire Prevention and Control Plan, approve by the Fire Chief . provided one or more of the following conditions is met: i.The tree removal is carried out in accord with an approved Fire Prevention and Control Plan. ii.The tree is a conifer with a trunk of less than 18 caliper inches in diameter at breast height (DBH), or a broadleaf treehaving a trunk of less than 12 caliper inches at breast height (DBH), and theremoval 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 8of 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 SevereConstraints 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 , except where the Staff Advisor determines a submission application: requirement is not reasonably necessary in order to make a decision on the application. \[The remainder of 18.3.10.040 isunchanged\] 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. \[18.3.10.090.D.2 is unchanged\] coniferhaving a trunk 18 3. Tree Conservation in Project Design. Significant trees caliper inches or larger in diameter at breast height (DBH) (two feet DBH or greater conifers andone foot DBH or greater broadleaf),and broadleaf trees having a trunk 12 caliper inches or larger in diameter at breast height (DBH), shall be protected and incorporated into the project design whenever possible. a. Streets, driveways, buildings, utilities, parking areas, and other site disturbances shall be located such that the maximum number of existing trees on the site are preserved, while recognizing and following the standards for fuel reduction if the development is located in b. Building envelopes shall be located and sized to preserve the maximum number of trees on site while recognizing and following the general fuel modification standards per 18.3.10.100 if the development is located in Wildfire Lands. c. Layout of the project site utility and grading plan shall avoid disturbance of tree protection areas. Ordinance No. ____Page 9of 20 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, orwith 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 or, or to removed because they were determined to be diseased, dead, a hazard comply with general fuel modificationarearequirements, 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 ofthe 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.\[18.3.10.090.D.7is unchanged\] Ordinance No. ____Page 10of 20 SECTION 5. Chapter 18.4.3.080.E\[Parking and Circulation, Vehicle Area Design\] of the Ashland Land Use Ordinance is hereby amended as follows: 18.4.3.080 Vehicle Area Design E.Parking and Access Construction. The development and maintenance as provided below, shall apply in all cases, except single-family dwellings. 1. \[18.4.3.080.E.1 is unchanged\] 2. \[18.4.3.080.E.2 is unchanged\] 3. \[18.4.3.080.E.3 is unchanged\] 4. \[18.4.3.080.E.4 is unchanged\] 5. \[18.4.3.080.E.5 is unchanged\] 6. Walls and Hedges a. Where a parking facility is adjacent to a street, a decorative masonry wall or fire resistant broadleafsite-obscuring evergreenhedge screen between 30 and 42 inches in height and a minimum of 12 inches in width shall be established parallel to and not nearer than two feet from the right-of-way line, pursuant to the following requirements. i. The area between the wall or hedge and street line shall be landscaped. ii. Screen planting shall be of such size and number to provide the required screening within 12 months of installation. iii. All vegetation shall be adequately maintained by a permanent irrigation system, and said wall or hedge shall be maintained in good condition. iv. Notwithstanding the above standards, the required wall or screening shall be designed to allow access to thesite 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, fire resistant broadleafsite- a sight-obscuring fence, wall, or evergreen 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 11of 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.\[18.4.3.080.E.7is unchanged\] 8. \[18.4.3.080.E.8is unchanged\] 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 .\[18.4.4.030.B is unchanged\] C.Landscape Design and Plant Selection. The landscape design and selection of plants shall be based on all of the following standards. 1. \[18.4.4.030.C.1is unchanged\] 2. \[18.4.4.030.C.2is unchanged\] 3. \[18.4.4.030.C.3is unchanged\] 4. \[18.4.4.030.C.4is unchanged\] 5.Screening a.Evergreen shrubs shall be used where a sight-obscuring landscape screen is required. fire-resistant and drought tolerant b.Where a hedge is used as a screen, 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 .\[18.4.4.030.Dis unchanged\] E .\[18.4.4.030.Eis unchanged\] F .\[18.4.4.030.Fis unchanged\] G .\[18.4.4.030.Gis unchanged\] Ordinance No. ____Page 12of 20 H .\[18.4.4.030.His unchanged\] I.Water Conserving Landscaping. \[Section description and narrativeis unchanged\] 1.Landscaping Design Standards a.Landscaping Coverage. Water conserving designs shall have plant coverage of not less than 90 percent with five years of planting, but are not required to meet the standard of 50 percent coverage within one year. b.Plant Selection. At least 90 percent of plants in the non-turf areas shall be listed as drought tolerant and fire-resistant in the City’s Water-Wise Landscaping website, or be similarly well-suited for this climate of region as determined by the Staff Advisor. Up to ten percent of the plants may be of a non-drought tolerant variety orspecies 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 with the exception of within five of a building or surface after planting, 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.Bermsand 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 13of 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.\[18.4.4.030.I.2is unchanged\] 3.\[18.4.4.030.I.3is unchanged\] SECTION 7. Chapter 18.4.4.060.B\[Landscaping, Lighting and Screening, Fences and Walls\] 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 subsection18.4.4.060.B.2, below. See Figure 18.4.4.060.B.1forillustration of maximum fence heights. 1.\[18.4.4.060.B.1is unchanged\] 2.\[18.4.4.060.B.2is unchanged\] 3.\[18.4.4.060.B.3is unchanged\] 4.\[18.4.4.060.B.4is unchanged\] 5.\[18.4.4.060.B.5is unchanged\] 6.\[18.4.4.060.B.6is unchanged\] 7.\[18.4.4.060.B.7is unchanged\] Ordinance No. ____Page 14of 20 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 18.5.1.010.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 ActionsReview Applicable Regulations Procedures Access to a Street/Driveway Ministerial Chapter 18.4.3 Approach Chapter 18.5.8; See Oregon Revised Statute AnnexationType III 222. Ordinance InterpretationType I or IIChapter 18.1.5 Ordinance Text AmendmentType IIIChapter18.5.9 Comprehensive Plan AmendmentType IIIChapter 18.5.9 Conditional Use PermitType I or IIChapter18.5.4 Conversion of Multifamily Dwelling MinisterialSection 18.2.3.200 Units into For-Purchase Housing Exception to Fire Prevention and Control Plan and General Fuel Type ISubsection 18.3.10.100.E Modification Area Standards Exception to Site Development and Type ISubsection 18.5.2.050.E Design Standards Subsection 18.4.6.020.B.1 Exception to Street StandardsType I Ordinance No. ____Page 15of 20 Table 18.5.1.010 –Summary of Approvals by Type of Review Procedure Planning ActionsReview Applicable Regulations Procedures Extension of Time Limit for MinisterialSection 18.1.6.040 Approved Planning Action FenceMinisterialSection 18.4.4.060 Hillside Standards ExceptionType ISubsection18.3.10.090.H Home Occupation PermitMinisterialSection 18.2.3.150 Land Use Control Maps ChangeType II or IIIChapter 18.5.9 Legal Lot DeterminationMinisterialChapter 18.1.3 Modification to Approval Ministerial Chapter 18.5.6 Minor Modification Per original Major Modification review Non-Conforming Use or Structure, Ministerial or Chapter 18.1.4 Expansion ofType I Partition or Re-plat of 2-3 lots Preliminary PlatType I Chapter 18.5.3 Final PlatMinisterialChapter 18.5.3 Minor AmendmentMinisterialSubsection 18.5.3.020.G Performance Standards Option Outline PlanType IIChapter 18.3.9 Final PlanType IChapter 18.3.9 Minor AmendmentMinisterialSubsection 18.5.3.020.G Physical and Environmental Type IChapter 18.3.10 Constraints Permit Property Line Adjustments, Ministerial Chapter 18.5.3 including Lot Consolidations Sign PermitMinisterialChapter 18.4.7 Site Design ReviewType I or IIChapter 18.5.2 Solar Setback ExceptionType IChapter 18.4.8 Subdivision or Replat of >3 lots Preliminary PlatType IIChapter18.5.3 Final PlatMinisterialChapter 18.5.3 Minor AmendmentMinisterialSubsection 18.5.3.020.G Tree Removal PermitType IChapter 18.5.7 VarianceType I or IIChapter 18.5.5 Water Resources Protection Zone – Type ISection 18.3.11.060 Limited Activities and Uses Water Resources Protection Zone Type I or IISection 18.3.11.070 Reduction Water Resources Protection Zone – Type IISection 18.3.11.080 Hardship Exception Zoning District Map ChangeType II or IIIChapter 18.5.9 Ordinance No. ____Page 16of 20 \[With the exception of the amendment to Table 18.5.1.010 above,the remainder of Chapter 18.5.1is unchanged\] 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 resistantbroadleaf 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 to ensure fire apparatus setback area. Such fence or landscaping shall be placed access is not obstructed by the encroachment of mature landscapingat the . extreme outside of the flag drive in 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 .\[18.5.7.020.B is unchanged\] C. Exempt From Tree Removal Permit. The following activities are exempt from the requirement for a tree removal permit in 18.5.7.020.A, subsections A. and B, above. 1. Those activities associated with the establishment or alteration of any public park under the Ashland Parks and Recreation Commission. However, the Parks and Recreation Department shall provide an annual plan in January to the Tree Commission outlining proposed tree removal and topping activities, and reporting on tree removal and topping activities that were carried out in the previous year. 2. Removal of trees in single family residential zones on lots occupied only by a single family detached dwelling and associated accessory structures where the Ordinance No. ____Page 17of 20 less than twice the minimum lot size or otherwise ineligible to property is 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. and health care 3. Removal of trees in multi-family residential zones on lots occupied only by a single family detached dwelling and associated accessory cannot be further developed with additional structures where the property 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 asconditions of approval with landscape improvements for planning actions. caliper inches in diameter at breast height 5. Removal of trees less than 18 (DBHinches DBH )on any public school lands, Southern Oregon University, and other public land, excluding Heritage trees. 6. Removal of trees within the Wildfire Lands area of the City, as defined on consistent with the adopted maps, for the purposes of wildfire fuel management 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 .\[18.5.7.020.Dis unchanged\] 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 woodidentified for exterior use. Ordinance No. ____Page 18of 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 Plantsdo not readily ignite from a flame or other ignition source, and are maintained to be free of dead material. Fire-resistant plant have the ability to store water in leaves or stems, have low levels of volatile oils or resins, and contain high levels of salt or other non-resinous compounds within the plant tissues that can contribute to fire resistance. Fire-retardant-treated wood.Wood products that, when impregnated with chemicals by a pressure process or other means during manufacture, exhibit reduced surface-burning characteristics and resist propagation of fire. Highly Flammable Plants: A plant species that has characteristics which make it more volatile by encouraging easy ignition and the spread of fire through its foliage due to low moisture content, dense dry leaves, needles, grass-like leaves, or volatile resins and oils. Highly flammable plants are specifically those species listed on the adopted Prohibited Flammable Plant List. Prohibited Flammable Plant List: A listing of specific highly flammable plants which are considered nuisances per Chapter 9.04of the Ashland Municipal Code and are prohibited from being planted within a general fuel modification area. Significant Tree:conifer Atree having a trunk 18 caliper inches or larger in or a deciduous tree having a trunk 12 caliper diameter at breast height (DBH), inches in diameter at breast height. SECTION13. 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 Ordinancemay be renumbered, or re-lettered, provided however Ordinance No. ____Page 19of 20 that any Whereas clauses and boilerplate provisions (i.e. Sections13-15)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, th Section 2(C) of the City Charter on the ___day of _________,2018, th day of _________, 2018, and duly PASSED and ADOPTED this ___ _______________________________ Melissa Huhtala, City Recorder SIGNED and APPROVED this ___ day of _________, 2018,. ________________________ John Stromberg, Mayor Reviewed as to form: _______________________________ DavidH.Lohman,City Attorney Ordinance No. ____Page 20of 20 RESOLUTION NO. 2018- A RESOLUTIONADOPTING THE CITY OF ASHLAND GENERAL FUEL MODIFICATION AREAPROHIBITED FLAMABLEPLANT LIST FOR APPLICATION IN THE WILDFIRE STANDARDS OVERLAYZONE: RECITALS: A.The Ashland City Council on July__,2018adoptedOrdinance No. ____,amending development standards withinthe City of AshlandWildfire Standards Overlay Zone, which shall be codified as Chapter 18.3.10.100of the Ashland Municipal Code. B.The City of Ashland recognizes the threat that wildfire poses to people, property and infrastructure within our community; C.The City of Ashland recognizesestablishment offuel modification areasaround structures is a vital wildfire mitigation action that will reduce the potential for harmful impacts of wildfire uponpropertiesand the occupants of properties, D.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. E.The City of Ashland recognizesthat 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 reducethe risk of the spread of wildfires. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1.Pursuant to Section 9.04.011and Section 18.3.10.100 of the Ashland Municipal Code, the City Council of the City of Ashland establishes a General Fuel Modification Area ProhibitedFlammable PlantListas 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 standardsset forth in Chapter 18.3.10.100 of the Ashland Land Use Ordinance. Trees: Arborvitae (Thuja sp.) Cedar (Cedrus sp.) exception for prostrate or dwarf variety Cedar/Cypress (Chamaecyparis sp.)exception for prostrate or dwarf variety Cypress (Cupressus sp.) Douglas fir (Pseudotsuga menziesi) Resolution No. 2018-Page 1of 2 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 2of 2 Physical and Environmental Constraints Wildfire Lands City Limits Urban Growth Boundary Wildfire Lands (Adopted) Wildfire Lands additions (Proposed) NOT TO SCALE Mapping is schematic only and bears no warranty of accuracy. All features, structures, facilities, easement or roadway locations should be independently field verified for existence and/or location. ! ! ! ! Up; !!Nbshvfsjuuf!Ijdlnbo-!Disjt!Dibncfst-!Bmjtpo!Mfsdi!)Djuz!pg!Btimboe-!Gjsf!'!Sftdvf*! Csboepo!Hpmenbo!)Djuz!pg!Btimboe-!Qmboojoh!Ejwjtjpo*! Gspn; !!Dpnnvojuz!Qmboojoh!Bttjtubodf!gps!Xjmegjsf!! SF; !!Qsfmjnjobsz!Gjoejoht!boe!Sfdpnnfoebujpot!up!uif!Esbgu!Efwfmpqnfou!Tuboebset!gps! Xjmegjsf!Mboet!boe!Esbgu!Gvfm!Csfbl!boe!Qspijcjufe!Qmbou!Mjtu! Ebuf;!! Kbovbsz!21-!3128 ! ! Pwfswjfx! 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DQBX!!Nfnp!pg!Qsfmjnjobsz!Gjoejoht!boe!Sfdpnnfoebujpot!up!uif!Djuz!pg!Btimboe!!Kbovbsz!21-!3128!!Qbhf!4! Best Practices Compilation for Ashland, Oregon: Community Programs and Implementation Practices Across the West 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 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). 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 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 C 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 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 1 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 fuel 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 agony document to 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 Resource Protection Standards (10-50-90). Additional Appendix 5 (Additional Information). CPAW Community Best Practices for Ashland April 2017 Page 2 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 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 Forestry Service Firewise Guidelines. A detailed and customized report, including a mitigation checklist to guide the ns. 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. 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 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., 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 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 WUI area to identify the extent of the wildfire hazard (further explanation found inthe 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. current Wildfire Mitigation program is administered through the C 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 timeline for the building permit application process. CPAW Community Best Practices for Ashland April 2017 Page 4 Wildfire Partners Program a template for communities to engage homeowners in the WUI. The program is run completely County, a $1.5 million grant from the Colorado Department of Natural Resources and a $1.25 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 , 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 with wildfire hazards in the Rocky Mountain Region. Boulder County, Colorado In Article 3 Application Submittal Requirements, Section 203 Standards for Submittal Requirements of , 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 1.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, 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 B101 GENERAL B101.1 Scope. Vegetation management plans shall be submitted to the code official for review and approval as part of the plans required for a permit. B101.2 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. B101.3 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 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:danielrdawson@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 packa 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 mostproperty 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" 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:Invite 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 TYPE II PUBLIC HEARING APPEAL _________________________________ PA-2017-01486 SOU Cell Tower