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!
Uif!Djuz!pg!Btimboe!jt!dvssfoumz!fohbhfe!xjui!uif!Dpnnvojuz!Qmboojoh!Bttjtubodf!gps!Xjmegjsf!
)DQBX*!qsphsbn!up!sfdfjwf!gpdvtfe!ufdiojdbm!qmboojoh!bttjtubodf!up!beesftt!uif!hspxjoh!uisfbu!
pg!xjmegjsf!up!uif!Djuz!pg!Btimboe/!Bt!qbsu!pg!uijt!qspdftt-!DQBX!ufbn!nfncfst!Npmmz!Npxfsz!
boe!Lfmmz!Kpiotupo!sfwjfxfe!lfz!esbgu!qmboojoh!epdvnfout!voefs!dpotjefsbujpo!cz!uif!Djuz-!
jodmvejoh!uif!Esbgu!Efwfmpqnfou!Tuboebset!gps!Xjmegjsf!Mboet!)Tfdujpo!29/4/21/211-!ebufe!
Gfcsvbsz!34-!3127*-!boe!uif!Esbgu!Sftpmvujpo!Bepqujoh!uif!Djuz!pg!Btimboe!Gvfm!Csfbl!boe!
Qspijcjufe!Qmbou!Mjtu/!!
!
Uijt!nfnp!qspwjeft!qsfmjnjobsz!gjoejoht!boe!sfdpnnfoebujpot!gps!dpotjefsbujpo!cz!uif!Djuzt!
qmboojoh!ejwjtjpo!boe!gjsf!efqbsunfou!tubgg/!Uiftf!gjoejoht!bsf!joufoefe!up!gbdjmjubuf!beejujpobm!
ejtdvttjpo<!boz!gjobm!sfdpnnfoebujpot!up!uif!Djuz!xjmm!cf!cbtfe!po!gvsuifs!ejtdvttjpo!boe!
jogpsnbujpo!pcubjofe!evsjoh!bo!boujdjqbufe!tjuf!wjtju/!Gps!rvftujpot!sfhbsejoh!uijt!nfnp-!dpoubdu;!
Npmmz!Npxfsz-!Xjmegjsf!Qmboojoh!Joufsobujpobm-!npmmzAxjmegjsfqmboojoh/dpn-!414.469.:69:/!!
!
Qsfmjnjobsz!Gjoejoht!boe!Sfdpnnfoebujpot!
!
29/4/21/211!
B/!Sfrvjsfnfout!gps!Tvcejwjtjpot-!Qfsgpsnbodf!Tuboebset!Efwfmpqnfout-!Tjuf!Eftjho!
Sfwjfx!ps!Qbsujujpot!
!
B/4/d/
!Ju!nbz!opu!cf!ofdfttbsz!up!tipx!uif!mpdbujpo!boe!ejnfotjpot!pg!bmm!tusvduvsft!vqpo!
bekpjojoh!qspqfsujft!mpdbufe!xjuijo!41!gu/!pg!b!tibsfe!qspqfsuz!mjof!jo!dbtft!xifsf!mpu!tj{ft!bsf!
mbshf!fopvhi!up!ibwf!bo!joefqfoefou!efgfotjcmf!tqbdf/!Jotufbe-!xf!sfdpnnfoe!sfrvjsjoh!Gjsf!
Qsfwfoujpo!boe!Dpouspm!Qmbot!up!tipx!uif!mpdbujpo!boe!ejnfotjpot!pg!bmm!tusvduvsft!!xjuijo!41!gu/!
gspn!uif!qsjnbsz!tusvduvsf!)jodmvejoh!bddfttpsz!tusvduvsft!boe!tusvduvsft!po!ofjhicpsjoh!mput!!
xjuijo!41!gu/*/!
!
B/4/e/wjj/
!Uif!ufsn!ifbwjmz!gpsftufe!tffnt!pqfo!gps!cspbe!joufsqsfubujpo!uibu!nbz!dbvtf!tpnf!
dpogvtjpo/!Uif!Djuz!tipvme!dpotjefs!tfuujoh!uisftipmet!uibu!efgjof!uijt!ufsn!jo!uif!epdvnfou/!
Bmufsobujwfmz-!uif!Djuz!tipvme!dpotjefs!sfubjojoh!uif!dvssfou!efgjojujpot!pg!qsjnbsz!{pof!boe!
tfdpoebsz!{pof!cz!bqqmzjoh!tvctfdujpot!4/e/j!up!4/e/wjj/!up!uif!qsjnbsz!{pof-!boe!sfgsbnjoh!
tvctfdujpo!4/e/wjjj!up!tvctujuvuf!!uif!ufsn!tfdpoebsz!{pof!gps!ifbwjmz!gpsftufe/!Uijt!pqujpo!
bmmpxt!gps!bo!bttfttnfou!boe!qmbo!efwfmpqnfou!cz!b!rvbmjgjfe!qspgfttjpobm!xijdi!dbo!bddpvou!gps!
fdptztufn!boe!puifs!pckfdujwft!po!mbshf!usbdut!pg!mboe/!
DQBX!!Nfnp!pg!Qsfmjnjobsz!Gjoejoht!boe!Sfdpnnfoebujpot!up!uif!Djuz!pg!Btimboe!!Kbovbsz!21-!3128!!Qbhf!2!
!
!
C/!Sfrvjsfnfout!gps!Dpotusvdujpo!pg!Bmm!Tusvduvsft!
!
C/2/
!Bmuipvhi!Gvfm!csfbl!bt!efgjofe!cz!uif!Djuz-!boe!dpotjtufou!xjui!uif!Obujpobm!Xjmegjsf!
Dppsejobujoh!Hspvqt!)OXDH*!efgjojujpo-!jt!b!dpnqmfufmz!bddfqubcmf!ufsn-!ju!nbz!opu!cf!uif!
nptu!bqqspqsjbuf!ufsn!gps!uiftf!efwfmpqnfou!tuboebset/!Gvfm!csfbl!nbz!cf!joufsqsfufe!cz!uif!
qvcmjd!bt!tjhojgjdbou!wfhfubujpo!sfnpwbm-!dsfbujoh!uif!jnbhf!pg!b!tvctuboujbm!wjtvbm!csfbl!jo!
wfhfubujpo/!Dpotjefsjoh!uif!qvcmjdt!eftjsf!up!sfubjo!usfft-!bmpoh!xjui!uif!mjhiufs!bqqspbdi!
sfhbsejoh!sfnpwbm-!xf!sfdpnnfoe!vtjoh!b!tpgufs!ufsn-!tvdi!bt!Gvfm!Usfbunfou!Bsfb!ps!!uif!
tzopozn!Gvfm!Npejgjdbujpo!Bsfb-!jo!xijdi!cpui!bsf!efgjofe!cz!uif!OXDH!bt!Nbojqvmbujpo!
ps!sfnpwbm!pg!gvfmt!up!sfevdf!uif!mjlfmjippe!pg!jhojujpo!boe0ps!up!mfttfo!qpufoujbm!ebnbhf!boe!
sftjtubodf!up!dpouspm!)f/h/-!mpqqjoh-!dijqqjoh-!dsvtijoh-!qjmjoh!boe!cvsojoh*/!
!
C/2/b/
!Uif!Djuz!tipvme!dpotjefs!opu!jodmvejoh!b!311!tr/!gu/!uisftipme!sfhbsejoh!ofx!dpotusvdujpo-!
beejujpot!boe!dpowfstjpot-!bt!boz!beejujpo!ps!ofx!tusvduvsf!xjuijo!41!gu/!jt!b!ib{bse!up!uif!
qsjnbsz!tusvduvsf-!vomftt!njujhbufe/!Bmufsobujwfmz-!uif!Djuz!tipvme!sfubjo!uif!qspqptfe!mbohvbhf-!
cvu!dpotjefs!beejujpobm!mbohvbhf!sfrvjsjoh!b!tusvduvsf!mftt!uibo!311!tr/!gu/!cf!dpotusvdufe!up!gjsf!
sftjtubou!tuboebset-!jodmvejoh!jhojujpo!sftjtubou!tjejoh!boe!Dmbtt!C!ps!cfuufs!sppgjoh!boe!b!
ipsj{poubm!dpncvtujcmf!nbufsjbm!gsff!{pof!pg!gjwf!gu/!gspn!uif!gvsuiftu!ipsj{poubm!fyufotjpo!pg!uif!
tusvduvsf/!Uijt!xjmm!njojnj{f!uif!jnqbdu!pg!uif!ofx!tusvduvsf!dpousjcvujoh!up!uif!dvssfou!gvfm!
dpnqmfy!ib{bse/!!
!
C/3/!Hfofsbm!Gvfm!Csfbl!Sfrvjsfnfout/!!
Bhbjo-!xf!bhsff!xjui!uijt!efgjojujpo!pg!b!gvfm!csfbl-!cvu!bsf!opu!dpogjefou!uibu!uif!dvssfou!
bmmpxbodft!gps!wfhfubujpo!sfufoujpo!xjmm!sftvmu!jo!uif!dsfbujpo!pg!gvfm!csfblt/!Xf!uifsfgpsf!
sfdpnnfoe!vtjoh!uif!ufsn!Gvfm!Usfbunfou!Bsfb!ps!!uif!tzopozn!Gvfm!Npejgjdbujpo!Bsfb-!jo!
xijdi!cpui!bsf!efgjofe!cz!uif!OXDH!bt!Nbojqvmbujpo!ps!sfnpwbm!pg!gvfmt!up!sfevdf!uif!
mjlfmjippe!pg!jhojujpo!boe0ps!up!mfttfo!qpufoujbm!ebnbhf!boe!sftjtubodf!up!dpouspm!)f/h/-!mpqqjoh-!
dijqqjoh-!dsvtijoh-!qjmjoh!boe!cvsojoh*/!
!
C/3/b/
!Dpotjefs!fyqboejoh!uijt!qspwjtjpo!up!jodmvef!fydfqujpot!pvutjef!pg!xbufs!sftpvsdf!
qspufdujpo!bsfbt!gps!dbtft!xifo!b!efbe!ps!ezjoh!usff!dbo!qspwjef!fdpmphjdbm!cfofgjut/!Gps!
fybnqmf;!Bmm!tuboejoh!efbe!boe!ezjoh!wfhfubujpo!tibmm!cf!sfnpwfe!gspn!uif!qspqfsuz-!fydfqu!
xifo!bqqspwfe!up!cf!dpotjefsfe!fdpmphjdbmmz!cfofgjdjbm/!
!
C/3/c/
!Jo!hfofsbm-!xf!sfdpnnfoe!uif!Djuz!bee!bo!Bddfqubcmf!Qmbou!Mjtu!up!uif!dvssfou!
ESBGU!Gvfm!Csfbl!Qspijcjufe!Qmbou!Mjtu/!Uijt!xjmm!opu!pomz!qspwjef!qptjujwf!hvjebodf-!cvu!xjmm!
bmtp!qsfwfou!uif!vtf!pg!qmbout!boe!usfft!uibu!nbz!ibwf!cffo!jobewfsufoumz!pwfsmpplfe!po!uif!Gvfm!
Npejgjdbujpo!Qspijcjufe!Qmbou!Mjtu/!
!
Xf!bmtp!sfdpnnfoe!uibu!bmm!fyjtujoh!wfhfubujpo!xjuijo!gjwf!gu/!pg!b!tusvduvsf!cf!sfnpwfe!
)nfbtvsfe!cfuxffo!uif!gvsuiftu!ipsj{poubm!fyufotjpo!pg!uif!tusvduvsf!boe!uif!dmptftu!ipsj{poubm!
2
fyufotjpo!pg!uif!qmbou*/!Uijt!jt!cbtfe!po!dvssfou!xjmegjsf!jhojujpo!tdjfodf!xijdi!ftubcmjtift!
njojnvn!ejtubodft!gps!wfhfubujpo!cpsefsjoh!b!tusvduvsf-!jodmvejoh!buubdinfout/!Jg!dpnqspnjtft!
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
2
Uijt!jt!cbtfe!po!tdjfoujgjd!fyqfsjnfout!boe!dbtf!tuvejft!dpoevdufe!cz!Obujpobm!Jotujuvuf!pg!Tdjfodf!boe!
!
Ufdiopmphz-!VTEB!Gpsftu!Tfswjdf!boe!Jotvsbodf!Jotujuvuf!pg!Cvtjoftt!boe!Ipnf!Tbgfuz/
!
DQBX!!Nfnp!pg!Qsfmjnjobsz!Gjoejoht!boe!Sfdpnnfoebujpot!up!uif!Djuz!pg!Btimboe!!Kbovbsz!21-!3128!!Qbhf!3!
!
bsf!nbef!up!sfevdf!uijt!ejtubodf-!xf!sfdpnnfoe!uibu!uif!Djuz!dpotjefs!sfubjojoh!b!gjwf!gu/!opo.
dpncvtujcmf!tvsgbdf-!xijmf!bmmpxjoh!Gjsf.sftjtubou!qmbout!)ps!qmbout!jefoujgjfe!po!uif!qspqptfe!
Bddfqubcmf!Qmbou!Mjtu*!up!cf!op!dmptfs!uibo!uisff!gu/!gspn!uif!dmptftu!qbsu!pg!uif!tusvduvsf-!jg!
tjejoh!jt!jhojujpo.sftjtubou!ps!opo.dpncvtujcmf!)nffujoh!uftujoh!tuboebset*!gspn!hsbef!up!
fbwft!)tff!C/3/d!cfmpx*/!
!
C/3/d
/!Xf!sfdpnnfoe!uif!Djuz!dpotjtufoumz!vtf!uif!ufsn!jhojujpo.sftjtubou-!xifo!sfgfsfodjoh!
dpotusvdujpo!nbufsjbmt-!up!bmjho!xjui!dpnnpo!efgjojujpot!boe!qspwjef!efgjobcmf!uisftipmet!
)nffujoh!uftujoh!sfrvjsfnfout*!po!uif!qspevdut!uibu!bsf!cfjoh!vtfe/!Bt!sfdpnnfoefe!bcpwf-!xf!
bmtp!tvhhftu!uibu!uif!Djuz!dpotjefs!fyqboejoh!uif!uisff!gu/!cpsefs!up!b!gjwf!gu/!opo.dpncvtujcmf!
cpsefs/!Bhbjo-!jg!dpnqspnjtft!bsf!nbef!up!sfevdf!uijt!ejtubodf-!xf!sfdpnnfoe!uibu!uif!Djuz!
dpotjefs!sfubjojoh!uif!gjwf!gu/!opo.dpncvtujcmf!tvsgbdf-!xijmf!bmmpxjoh!Gjsf.sftjtubou!qmbout!)ps!
qmbout!jefoujgjfe!po!uif!qspqptfe!Bddfqubcmf!Qmbou!Mjtu*!!up!cf!op!dmptfs!uibo!uisff!gu/!gspn!uif!
dmptftu!qbsu!pg!uif!tusvduvsf-!jg!tjejoh!jt!jhojujpo.sftjtubou!ps!opo.dpncvtujcmf/!!
!
Xf!bmtp!sfdpnnfoe!uif!Djuz!dpotjefs!sfrvjsjoh!uif!sfnpwbm-!ps!opu!bmmpxjoh!uif!qmbdfnfou-!pg!
boz!tisvct!xjuijo!gjwf!gu/!pg!xjoepxt!boe!uif!sfnpwbm!pg!boz!Qspijcjufe!qmbout-!tisvct!boe!
usfft!uibu!bsf!xjuijo!41!gu/!pg!b!xjoepx/!!
!
Gjobmmz-!uif!Djuz!tipvme!dpotjefs!sfrvjsjoh!uif!sfnpwbm!pg!Qspijcjufe!usfft!uibu!bsf!xjuijo!41!gu/!
pg!b!xjoepx-!vomftt!ju!jt!b!Tjhojgjdbou!usff-!boe0ps!dbo!cf!qsvofe!tp!uibu!uif!dspxo!cbtf!jt!gjwf!gu/!
bcpwf!uif!sppg!efdl/!!!!!!!
!
C/3/e/
!Xf!sfdpnnfoe!uif!Djuz!dpotjefs!bekvtujoh!mbohvbhf!up!sfrvjsf!fyjtujoh!Qspijcjufe!usfft!
xjuijo!41!gu/!pg!uif!tusvduvsf!cf!sfnpwfe-!xjui!fydfqujpot!pg!uiptf!uibu!bsf!tjhojgjdbou!usfft-!ps!
xifsf!tjejoh!jt!jhojujpo.sftjtubou!ps!opo.dpncvtujcmf/!Jo!uif!dbtf!pg!uif!fydfqujpot-!xf!
sfdpnnfoe!uibu!bmm!sfubjofe!Qspijcjufe!usfft!xjuijo!41!gu/!cf!qsvofe!up!b!njojnvn!pg!gjwf!gu/!
bcpwf!uif!sppg!efdl!ps!204!pg!uif!usff!ifjhiu-!xijdifwfs!jt!mftt/!
!
C/3/f/
!Xf!sfdpnnfoe!uif!Djuz!dpotjefs!dibohjoh!uijt!ejtubodf!up!b!sfmbujwf!ejtubodf!pg!pof!
dspxo!xjeui!cfuxffo!usfft!bu!nbuvsf!tj{f/!Uijt!qspwjeft!b!tjnqmf!sfmbujwf!ejtubodf!cbtfe!po!uif!
dspxo!tj{f!boe!gvfm!mpbejoh!)j/f/-!dspxo!cvml!efotjuz*!boe!uifsfgpsf!b!sfmbujwf!ejtubodf!up!njujhbuf!
qpufoujbm!sbejbou!ifbu!fofshz!boe!gmbnf!mfohui!qspevdfe!cz!uif!joejwjevbm!dspxo/!Xf!gvsuifs!
sfdpnnfoe!uibu!uif!Djuz!dpotjefs!bt!tjnjmbs!bqqspbdi!gps!tvctfdujpo!C/3/f/j/-!xifsf!b!hspvq!pg!
usfft!jt!dpotjefsfe!pof!dspxo!boe!uifsfgpsf!b!ejtubodf!pg!pof!dspxo!xjeui!bqqmjft!up!uif!
hspvq/!!
!
C/3/o/
!Uif!sbujpobmf!cfijoe!uijt!qspwjtjpo!jt!vodmfbs!jo!uif!ufyu/!Jt!uifsf!beejujpobm!jogpsnbujpo!up!
bee!up!tvqqpsu!uif!ejtubodf!pg!241!gu/@!Uijt!nbz!cf!ifmqgvm!up!gvsuifs!dmbsjgz/!
!
C/4/Sppgjoh/!!
Xibu!bsf!uif!sfrvjsfnfout!jg!uif!sppg!sfqmbdfnfou!epft!opu!pddvs!xjuijo!uif!gjwf!zfbs!ujnfgsbnf!
)j/f/-!fydffet!uif!gjwf!zfbs!qfsjpe!tubufe!jo!uif!qspwjtjpo*@!Uijt!nbz!cf!ifmqgvm!up!gvsuifs!dmbsjgz/!!
!
!
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