HomeMy WebLinkAbout2018-07-10 Planning PACKET
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ASHLAND PLANNING COMMISSION
July 10, 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.CONSENT AGENDA
A. Approval of Minutes
1. June 12, 2018 Regular Meeting
2. June 26, 2018 Special Meeting
V. PUBLIC FORUM
VI.UNFINISHED BUSINESS
A. Approval of Findings for PA- 2017-01486, 1250 Ashland Street
VII. PUBLIC HEARINGS
- None
A. Planning Commission Recommendation for Wildfire Ordinance and Map Amendments
XI.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).
B
ASHLAND PLANNING COMMISSION
MINUTES - Draft
June 12, 2018
CALL TO ORDER
Chair Roger Pearce called the meeting to order at 7:04 p.m. in the Civic Center Council Chambers, 1175 East Main
Street.
Commissioners Present: Staff Present:
Troy Brown, Jr. Bill Molnar, Community Development Director
Michael Dawkins Maria Harris, Planning Manager
Melanie Mindlin Dana Smith, Executive Assistant
Haywood Norton
Roger Pearce
Absent Members: Council Liaison:
Lynn Thompson Dennis Slattery, absent
ANNOUNCEMENTS
Community Development Director Bill Molnar explained the Commission would hear two public hearings at their meeting
June 26, 2018. The Wildfire Ordinance and the appeal of the Southern Oregon University (SOU) cell tower. He
recommended starting with the Wildfire Ordinance then continuing it to another meeting to accommodate the appeal.
The City Council would have a public hearing June 19, 2018, regarding the Accessory Residential Units Amendments
Ordinance. He encouraged commissioners to attend the meeting. He distributed the draft agenda for the upcoming
Retreat. Lastly, former Commissioner Miller had withdrawn her request for reappointment.
AD-HOC COMMITTEE UPDATES
Commissioner Brown provided an update on the Transportation System Development Review Committee. They met
earlier in the day and set the groundwork for the review process.
CONSENT AGENDA
A.Approval of Minutes
1. May 8, 2018 Regular Meeting
2. May 22, 2018 Study Session
Commissioners Brown/Mindlin m/s to approve the minutes of the Regular meeting May 8, 2018. Chair Pearce
was absent for the meeting and abstained from the vote. Voice Vote: all AYES. Motion passed 4-0.
Commissioners Dawkins/Brown m/s to approve the minutes of the Study Session May 22, 2018. Voice Vote:
all AYES. Motion passed 5-0.
PUBLIC FORUM
Huelz Gutcheon/Ashland/Spoke on climate change, the need to stop development, how wealthy people moving to
town increased criminal behavior, and traffic.
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June 12, 2018
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TYPE III PUBLIC HEARINGS
A. PLANNING ACTION: PA-L-2018-00001
DESCRIPTION: An ordinance adding a new Chapter 18.3.14 Transit Triangle Overlay, a Transit
Triangle (TT) overlay map and amending chapters 18.2.1, 18.2.2, 18.2.3, 18.2.3, 18.3.12, 18.3.13,
18.4.3, 18.6.1 of the Ashland Municipal Code to implement the recommendations of the infill
strategy project for the area surrounding the bus route in the southeastern part of Ashland that
circulates on Ashland St., Tolman Creek Rd., and Siskiyou Blvd., also referred to as the transit
triangle.
Chair Pearce explained this was a continued public hearing from the meeting May 22, 2018. This was not a quasi-
judicial public hearing. The Commission would make a recommendation to the City Council. Community Director Bill
Molnar added Fregonese and Associates were unable to attend the meeting due to a family emergency.
Staff Report or Consultant Report
Planning Manager Maria Harris explained the project started in 2016 and consisted of nine public meetings, two
the open house and stakeholder meetings in addition to the newspaper.
The Transit Triangle would increase rental housing units and provide an area where residents had options for getting
around. Currently, the purchasing power of a median-income household in Ashland was $217,950. In 2017, the median
home price was $421,500. There were low vacancy rates and increased rental costs. In Ashland, 39.4% of households
had one person compared to 27.8 for the state. Of that, 44.8% of those households were renter-occupied. The median
size for Ashland was two people per household.
The proposed area had a supply of vacant and re-developable land. It was served by Rogue Valley Transportation
District (RVTD) Route 10 with shopping and services within walking distance.
Background supporting the project included:
The 2015 City Council Strategic Plan
5.2.a Pursue affordable housing opportunities, especially workforce housing. Identify specific incentives for
developers to build more affordable housing.
13.2 Develop infill and compact urban form policies.
18.2 Develop and encourage alternative transportation options.
The 2012 Greater Bear Creek Valley Regional Plan
No areas identified for urban growth boundary expansion.
Minimum of 6.6 dwelling units per gross acre.
A recent report from the Regional Housing Strategy that showed Ashland was slightly behind the minimum 6.6 dwellings
at 6.4 units per gross acre.
encouraging development and redevelopment adjacent to the bus route that included
commercial and residential uses. Being near the bus route provided transportation options and promoted sustainable
planning.
Project Objectives included:
Diversify housing supply by providing an area to build moderately priced rental units.
Provide a better environment for local business development and expansion.
Support transit service through increased ridership.
Create a walkable setting in close proximity to existing neighborhoods.
The market feasibility model under the current zoning and development standards indicated large residential units with
rates exceeding market rates. Commercial rents were too low to make construction feasible. Changing the
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June 12, 2018
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requirements for residential density, the number of stories, required parking and landscaping coverage would result in
the following:
Increased number of residential units.
A decrease in the size of residential units.
Rents decreased.
Fregonese and Associates put together several ordinance changes. The Transit Triangle Overlay created a new
chapter, 18.3.14 that was optional and not mandatory. However, if a developer elected to use the overlay, they would
have to meet all requirements of 18.3.14. The Overlay option required residential units to be rentals. It prohibited
hotel, m. The commercial and residential split included:
C-1 and E-1: 50% of the ground floor in permitted uses (non-residential).
R-2 and R-3: 60 square feet of retail, restaurant or office permitted for each residential unit.
For Dimensional Standards in the Overlay Option, they suggested a maximum Floor Area Ratio (FAR) of 1.5 for C-1
and E-1 Zones. For R-2 and R-3 zones, the maximum would be 1.25 FAR. Building height for C-1 and E-1 would be
50-feet or four stories. R-2 and R-3 zones were 42-feet or three stories.
There were no changes in the landscape area for C-1 and E-1. It would remain at 15%. Landscape area for R-2 and
R-3 zones was reduced 20 percent. Open space did not change for C-1 and E-1 zones and was not required for R-2
and R-3.
There were no changes for C-1 and E-1 regarding building separation. In R-2 and R-3 zones, it was not required. Yard
setbacks were 15-feet from residential yards for C-1 and E-1 zones. There would be a 5-foot minimum setback for
front yards in R-2 and R-3 zones. A new requirement was building step backs for side streets within 25-feet of a
residential zone. Any portion of a building over 25 feet must be stepped back 10-feet. An alternative from the developer
roundtable included a combination of articulation, offsets, setback, angles or curves to reduce building mass instead
of using a step back.
Parking under the Overlay Option would require one space for units less than 800 sq. ft. It would provide a three-space
off-street parking credit for retail, restaurant, or office.
Other Amendments deleted the requirement for affordable units in C-1 and E-1 for projects with over 10 residential
units. It added a micro-car parking management strategy with a credit of up to 25%.
Next Steps included a public hearing at the City Council meeting on August 7, 2018.
Questions of Staff
Commissioner Mindlin addressed the articulation option for the step back from the developer roundtable discussion.
How would they determine if something articulated was adequate? Ms. Harris explained initially the requirement where
25% of the façade shall be articulated was in the original draft. They removed it because it would be difficult to apply.
It would be up to the hearing authority to determine. It was similar to the detail site review zone that provided offsets
or entry alcoves to break up the building mass. Not all of the Transit Triangle was in the detail site review zone. The
R-2 and R-3 zones would be subject to the residential site review standards and then the few standards included in
the transit triangle.
Commissioner Brown was not sure it would work. The Transit Triangle was trying to reduce the perception of mass.
Articulation made it opinion based and therefore subjective and difficult for the Commission to make a determination.
It left the City open to appeals. He was not comfortable replacing the step back with articulation. Mr. Molnar did not
think it was different from developing in the detail site review zone or under the large-scale development standards. It
did not quantify the actual amount of offset. It had similar standards in terms of using a change of materials. Ultimately
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June 12, 2018
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the burden was on the applicant to convince the Commission they tried to reduce building mass. Commissioner Brown
explained it was using mass that made it too subjective. The standard was in there but for a different purpose. It could
not be done with an objective code statement. Having a 10-foot step back or range worked. Chair Pearce agreed.
Commissioner Brown thought it should be removed from 18.3.14(B)(4). Commissioner Norton suggested using an
average for setback and let public comment determine approval.
Staff confirmed the plaza requirement would apply through the detail site review standards. It counted towards the
FAR.
Commissioner Mindlin noted the height definition 18.6.1.030 Definitions. One definition had a 6.5-foot height and
another definition showed 7-feet for floor areas. Ms. Harris clarified the different definitions of floor area were used in
different ways. It was not counting at 6.5. It counted at the 7-foot maximum permitted floor area because that was the
volume measurement for residential historic district buildings. It counted spaces that could be converted into living
space. The maximum permitted floor area was only used in reference to historic districts.
Chair Pearce wanted to include a reference to the vertical housing ordinance. Ms. Harris explained the Council would
review a draft vertical housing ordinance in August. Commissioner Norton was not comfortable recommending vertical
housing without more information.
Strategies report. Commissioner Mindlin raised a concern regarding the tax incentive for vertical housing. Chair
Pearce explained it was a state statute that could be implemented in certain areas. Ms. Harris further explained the
City could tailor the zone to the community. It encouraged development in areas that had languished. Commissioner
Mindlin thought it made sense but it was usually geographic with an overlay zone.
Public Testimony
Mark Knox/Ashland/Supported the project with small changes. He addressed the discussion regarding setbacks
Commissioner Mindlin and Commissioner Brown had earlier. The state required the setback to be clear and objective.
He stated he had no financial interest and was speaking from a citizen and planning perspective only. He referenced
the downtown design standards and discussion on having balconies. It resulted in a standard with illustrations on how
it could work and withstand appeals. He was recently in Tiburon California and was surprised to see roughly 40% of
the businesses were closed due to the influx of Amazon. It was a circumstance that could occur in Ashland. He
suggested the ground floor be 35% commercial in this zone and 65% residential. He was struggling with the
requirement of having residential units as apartments. It should be a requirement for housing. Adding impediments
could affect financing and construction. If the units were built as condominiums, they could still be rentals.
Zach Brombacher/Ashland/Moved to Ashland in the 1960s. People did not think the town could get built up to where
it was. He commented on the overcrowding the infill strategy was having on the town. He was zoned E-1 in the south
part of Ashland. He wanted to see more jobs created. Requiring residential units above commercial was not conducive
to the light industrial and truck traffic. Every square foot of his property was worth quite a bit. Taking away frontage
from his land took away money. He did not support having tall buildings in the area. He commented on developments
receiving discounts and not having to pay local improvement districts (LIDs) due to low-income and senior citizens.
Ashland was a unique place. He believed the homes would always be expensive.
Deliberations & Decision
Commissioner Dawkins had an issue requiring the units to be rentals. He understood why the requirement was there
Chair Pearce thought the requirement was problematic. The units needed
to be affordable. Units could be rented whether they were owned individually or had several owners.
Commissioner Brown agreed. It seemed heavy handed. Ms. Harris explained it was in the original drafts from
Fregonese and Associates. It was an option for someone if they wanted to develop ownership housing. They could
but would be unable to take advantage of the Transit Triangle provisions that included less parking and landscaping
and larger buildings. Commissioner Dawkins thought it would deter development. Commissioner Mindlin commented
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June 12, 2018
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it was part of their modeling program. It provided developers with a financially feasible plan. Commissioner Dawkins
noted at approximately $1,400 a month, the rental costs were not affordable. Mr. Molnar clarified it was an option to
build 30 units an acre at three stories and not be tied to rental or new ownership. He was curious at the long-term
affordability with condominiums. This option retained the units as rentals and kept rental costs down over the long
term. Chair Pearce observed a single owner would have the same costs as a condominium association. Ms. Harris
explained when Fregonese and Associates modeled the plan they had a rate of return for rental units and ownership
units. In addition, workforce housing was a City Council goal. Fregonese and Associates looked at the different
demographic groups that typically were attracted to different and diverse housing types. Commissioner Norton added
there were different standards for condominiums. Converting apartments to condominiums could reduce the number
of units in order to meet the standards.
Commissioner Mindlin thought they should try the plan and readdress it if no development occurred over two years.
Chair Pearce added City Council wanted to encourage more rentals. He was comfortable keeping it rental.
Commissioner Dawkins thought there would be a couple of councilors who would object to keeping it rental.
Commissioner Norton supported trying it and seeing what happened.
Commissioner Mindlin appreciated percentage of commercial versus housing.
Commissioner Brown proposed changing it to 35% commercial and 65% residential. Ms. Harris noted in the Transit
Triangle chapter, it was reduced it to 50-50. In other areas, it was 65% commercial required on the ground floor. Chair
Pearce agreed with 35% commercial and 65% residential. Commission Norton suggested reducing commercial further
to 25%.
Commissioner Brown noted strip shopping did not work well and he doubted it would be successful in Ashland. Having
one building with ground floor commercial and offices above might work better. He was comfortable lowering the
percentage of commercial or keeping it the same. Office space on the ground floor mixed with retail was not conducive
to a walking environment. Other communities banned office space on ground floors. He liked the concept of the transit
district with shopping at the beginning or end node and not sporadic. He thought the commercial space would remain
empty. Remove the requirement and require a commercial component instead.
Mr. Molnar explained the Commission could recommend Council review changing the 50-50 to 35% commercial and
65% residential and still meet state requirements. The Commission supported 35% commercial and 65% residential.
Regarding the step back, Mr. Molnar would add language they were subject to exceptions that were equivalent or
better.
Commissioner Brown/Dawkins m/s to accept the draft plan except for two changes, one to lower the
percentage of commercial to residential to 35%-65% and remove the definition of set back and make it an
equivalent or better exception. Roll Call: Commissioner Dawkins, Brown, Mindlin, Norton, and Pearce, YES.
Motion passed 5-0.
ADJOURNMENT
Meeting adjourned at 8:38 p.m.
Submitted by,
Dana Smith, Executive Assistant
Ashland Planning Commission
June 12, 2018
Page 5 of 5
ASHLAND PLANNING COMMISSION
SPECIAL MEETING
MINUTES - Draft
June 26, 2018
CALL TO ORDER
Chair Roger Pearce called the meeting to order at 7:03 p.m. in the Civic Center Council Chambers, 1175 East Main
Street.
Commissioners Present: Staff Present:
Troy Brown, Jr. Bill Molnar, Community Development Director
Michael Dawkins Maria Harris, Planning Manager
Melanie Mindlin Derek Severson, Senior Planner
Haywood Norton Dana Smith, Executive Assistant
Roger Pearce
Absent Members: Council Liaison:
Lynn Thompson Dennis Slattery
ANNOUNCEMENTS - None
AD-HOC COMMITTEE UPDATES - None
PUBLIC FORUM - None
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 expand the boundary of
9.04 of the Ashland Municipal Code to establish a Prohibited Flammable Plants List.
Staff Report
Senior Planner Brandon Goldman provided the following background on the amendments:
Wildfire Ordinance Amendments
Wildfire Lands to incorporate the entire City (April 15, 2014).
th
Ashland Fire & Rescue identified a number of potential changes to the municipal code, to be
considered:
Clarify the submittal requirements for a Fuel Prevention and Control Plan
o
Update the requirements for general fuel management areas (fuel breaks around structures).
o
Prohibiting new planting of highly flammable plants within proximity of structures.
o
Ordinance and Map amendments are a legislative Land Use action requiring the approval of
o
an ordinance, with public hearings before the Planning Commission and City Council.
Fire Department Division Chief-Forestry Division Chris Chambers explained over the past few years Ashland had
experienced several fires that were outside the wildfire protection zones. The ordinance would protect life and property,
Ashland Planning Commission
June 26, 2018
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firefighter safety, watershed, and quality of life in the face of climate change with increasing wildfires. Ignitions were
occurring all over the city. Highly flammable vegetation continued being introduced throughout the city around existing
and new structures. Fire through the air was a primary concern for the Fire Department as well. Wind from high
intensity wildfires like the Siskiyou fire, carried embers and caused fires. He provided examples.
Mr. Goldman explained the Wildfire Lands Ordinance Amendments would:
1.Expand the Wildfire Lands Overlay to include the entire city.
2.Proposed update to the Development Standards for Wildfire Lands relating to new construction and
additions.
3.Proposed Municipal Code change to define specific highly flammable plants as a nuisance to not be
newly planted within 30 feet of structures.
4.Proposed Resolution with a Prohibited Flammable Plants list.
Expanding the wildfire zone citywide was supported by a 2014 Wildfire Hazard Zone Evaluation Report. It
mapped wildfire fuels and found that all areas within the city were at or above the threshold for a wildfire hazard
zone designation.
The Fire Prevention and Control Plans were subject to planning actions like partitions, subdivisions and new
commercial development. They would require Site Design Review. They were not required for new single
family dwellings, accessory residential units, or additions.
The applicant would submit a Fire Prevention and Control Plan addressing the wildfire mitigation standards on
both existing and proposed landscaping. The plan would duplicate primary elements of their landscape plan.
They would also provide a schedule to implement the plan. Larger projects for commercial, multifamily and
subdivisions would have a management plan that included:
New Landscaping
Tree removals
Areas to be thinned
Schedule for thinning and removal
Ongoing Maintenance
The General Fuel Management Area applied to all new buildings, additions, and decks increasing lot coverage
by 200 sq.ft. or greater, and new buildings if the footprint was larger than 200 square feet. It would not apply to
internal remodels, second story additions, or small additions less than 200 square feet.
Requirements for general fuel modification areas included:
Remove all dead or dying vegetation on the property.
No new planting of plants listed on
No combustible materials within 5 feet of a new structure or addition, including mulch.
New fences connecting to a structure must be non-combustible within 5 feet of where they attach.
Existing Flammable trees (evergreen pine, fir) which are to be retained:
Provide a 10-foot clearance to canopy from new building or additions
Allowance for an exception if pruning the tree to this extent will compromise its health.
Existing fire resistant trees (deciduous oak, maple) to be retained:
Pruned to not touch a structure
Roof Material (new or 50% re-roof) to be fire resistant (Class B).
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June 26, 2018
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Through the review by the Planning Commission, Tree Commission, and Wildfire Mitigation Commission,
The initial draft of the ordinance presented in 2015-16 was changed to have a clear distinction between highly
flammable plants, and plants that were more fire resistant. This acknowledged that fire resistant trees and
shrubs could be closer to buildings without substantially increasing risk.
The Tree Removal section was amended and would:
separate tree removal permit in hillside lands
if proposed as part of an approved Fire Prevention and Control Plan, or to implement a comprehensive
general fuel modification strategy.
Require Tree removal permits for larger properties subject to partitions or subdivisions.
A resolution adopting the Prohibited Flammable Plant List would apply citywide:
Prohibit
Existing listed flammable plants are to be removed if within
The Tree Commission and Wildfire Mitigation Commission reviewed a draft earlier this year. Each Commission
recommended approving the draft ordinance and recognize the amendments made during meetings with
various commissions and the working group. Additional suggestions made by both Commissions were
incorporated into the draft. The draft would go before City Council July 17, 2018 for First Reading and August
7, 2018 for Second Reading.
Division Chief Chambers commented on the disproportionate impact developing new structures without
considering existing housing stock. The existing homes, businesses and buildings made up the bulk of fire
danger in Ashland. It was one of the reasons the initial proposal was withdrawn and revised then brought back
at this time. Existing stock would continue to be addressed through the Firewise Communities Program. Staff
was applying for a grant through FEMA for $3,000,000. They had also ranked structures in the city that had a
high fire rating.
In the future, they planned to consider the appendix W that would look at the construction of the buildings.
Lessons from recent fires showed the area zero to 5 feet away from a house was critical to prevent houses from
igniting during a wildfire. Eaves and venting of houses were also important but currently not addressed. The
proposed amendments would meet the current understanding of wildfire ignitions and community preparation.
Questions of Staff
Commissioner Mindlin appreciated the work done. She addressed the possible waiver based on fire resistant
materials on the building and wanted to know why windows were not considered. Mr. Goldman explained if
there was a flammable plant below a window, the heat would likely break the window and penetrate the house.
The exceptions process was an opportunity to review each property case by case to grant that exception. A
property could have bark mulch if there was fire resistant siding.
Public Testimony
Kerry KenCairn/Ashland/Was concerned about homes with 3-foot setbacks and wood fences in the historic
district. She wanted to ensure there was enough exception language that spoke to historically complicated and
odd neighborhoods that did not force metal fencing or the removal of established landscaping. She hoped they
would honor the historic pattern.
Mr. Goldman explained they were concerned with a fence running on a property line at 3-feet from one building
and 3-feet from the other. Fencing was an opportunity for privacy screening between the two properties. They
crafted the ordinance to specify the fence within 5-feet of where it connected to the building. The fence running
parallel between the properties could be wood. Wood fencing could act like a fuse during a wildfire. A 3-foot
metal gate connecting to a home could be enough to prevent a fire spreading to the house.
Ashland Planning Commission
June 26, 2018
Page 3 of 10
Chair Pearce noted Section 9.04.022 used the term general fuel management area and Section 18.3.10.100(B)
referenced a general fuel modification area. Mr. Goldman clarified both should be general fuel modification
area and would make the change.
Commissioners Mindlin/Brown m/s to approve and make a recommendation in favor of the ordinance to the City
Council. Roll Call Vote: Commissioners Pearce, Dawkins, Brown, Mindlin, and Norton, YES.
Motion passed 5-0.
Councilor Slattery left the meeting at 7:30 p.m.
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:
request for a Site Design Review Permit to install wireless communication facilities (antennas and
associated equipment) on the roof of the Science Building at 1250 Ashland Street on the 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 District;
: 100
Chair Pearce
communication facilities at Southern Oregon University (SOU) by Mr. and Mrs. Uhtoff. He read aloud the public
hearing procedures for land use hearings.
Ex Parte Contact
Commissioner Dawkins declared no ex parte contact. He spent his college career in the same building and had read the
article in the Ashland Daily Tidings. The article would not influence his decision. Commissioner Brown had no exparte
contact and a site visit. Commissioner Mindlin had no ex parte but was familiar with the building. She was contacted by
Rod Newton and declined via email to talk to him. Instead, she referred him to the packet online. Commissioner Norton
had no ex parte and a site visit. He had read the article in the Ashland Daily Tidings. Chair Pearce declared no ex parte
contact and drove by the site.
Staff Report
Senior Planner Derek Severson explained the appeal was of an administrative approval for two requests:
Site Design Review Permit to install Wireless Communication Facilities (antennas and associated equipment)
on the roof of the Science Building at 1250 Ashland Street on the Southern Oregon University Campus.
Conditional Use Permit because with the installation of panels proposed to screen the wireless
communication facility installation, the building height will exceed 40 feet.
Staff initially approved the application subject to a number of conditions, and subsequent to the Notice of Decision.
Kathy Uhtoff filed an appeal request. The Planning Commission heard Type I appeals. This was a de novo hearing.
The building had partial screening walls around the roof to screen mechanical equipment. The applicants proposed to
extend the panels around the building fully screening the antenna installations.
The City regulated the
wireless services. It identified the following preferred designs:
1.Collocation on Existing WCF Site is the preferred option.
2.Attached to Existing Structure if #1 not feasible.
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June 26, 2018
Page 4 of 10
3.Alternative Structure is #1 & #2 not feasible. Design features to conceal, camouflage or mitigate.
4.Free-standing Support Structure if #1, #2 & #3 not feasible. Lattice towers are prohibited as free-standing
support structures.
Other regulations included:
Independent Third Party Review required.
Placement in the area of the site with least visual impact while allowing functionality.
Setback from residential zones at least twice the height of the installation.
Mitigate visual impacts through architectural integration.
Non-reflective finish & color; blend with color & design of existing.
Limits exterior lighting and signage to only what is required by federal or state law.
Additional visual mitigation may be required to camouflage through design, facades, colors, materials, masking
and shielding techniques.
The City had two approved sites. The Holiday Inn Express & Suites on Clover Lane and the Ashland Springs Hotel
downtown. Both had architecturally integrated wireless facilities into the architecture of the buildings.
There were two appeal issues:
1.The deadly and serious consequences of 5G. Potential hazards of fifth generation (5G) wireless facilities to
human health and the environment.
2. Ms. Uhtoff notes that Goal 1
goals in OAR 660-015-0000(1) calls for citizen involvement, and suggests that neither the city nor the applicants
fully disclosed to all affected citizens their intention to install a 5-G cell tower as the notices mailed only went to
property owners within 200 feet of the subject property while cell tower radiation and frequencies from the new
tower will extend well beyond 200 feet.
Mr. Severson addressed appeal issue #1 and explained the proposal was for a 4G installation and not 5G. City code did
not distinguish between 4G and 5G. Federal law precluded the City from considering the health impacts:
47 U.S. Code § 332(c)(7)(B) - Mobile services (ii) - act on any request for
authorization to place, construct, or modify personal wireless service facilities within a reasonable
period of time after the request is duly filed with such government or instrumentality, taking into
account the nature and scope of such request.
(iv) - No
wireless service facilities on the basis of the environmental effects of radio frequency emissions to the
concerning such emissions.
For appeal Issue #2, he explained the following:
Statewide Planning Goals are not approval criteria.
State law requires a 100-foot noticing area for administrative actions.
require a 200-foot noticing area (from the site). Notice was appropriately provided here
(see exhibits) for the application, the decision and the appeal.
-foot noticing area (from the wireless facility) for a neighborhood
hearing conducted by the applicants.
Staff recommended the Planning Commission deny the appeal and uphold the original approval with the conditions
recommended in the staff report.
Ashland Planning Commission
June 26, 2018
Page 5 of 10
Questions of Staff
Commissioner Mindlin asked if the students at the university were notified. Mr. Severson did not have any information
on whether they were informed or not.
Chair Pearce noted City Attorney Dave Lohman want the Commission reminded of the Telecommunications Act of 1996.
In 47 USC 332(c)(7)(B), Congress decided to preempt any local decisions and zoning authority. A local entity could not
regulate the placement, construction, and modification of personal wireless service facilities on the basis of the
environmental effects of radio frequency emissions to the extent that such facilities were approved by the FCC and
complied. The Commission was constrained by federal law to make a decision based on health issues.
Mike Connors/Hathaway Larsen Law Firm/Represented the applicant. The proposed site would provide coverage and
capacity. The coverage component would cover dead spots in service. The facility would supplement coverage. The
other aspect was capacity and related to bandwidth. There was an increasing number of people using wireless
equipment. The types of uses had increased and subsequently decreased bandwidth.
The location was chosen based on building height. The facility would cover the university and surrounding areas. He
clarified it was a rooftop facility and not a cell tower. The applicant would extend and complete the remainder of the
existing screening wall making it architecturally consistent with the existing screening. The primary benefit was visual.
Both the antenna and the equipment would be concealed. They would also help screen some of the mechanical
equipment there already. The second benefit of the screening wall was noise reduction. Noise standards required the
applicant to demonstrate that noise levels affecting residential properties would not exceed 45 A-weighted decibels
(dBA). The noise study concluded with the screening wall, the noise level would be 21-23 dBA.
There was a colocation option for the second preferred option. A report provided in the application explained the
reasons and needs for using the SOU location. The report evaluated three alternatives that met the first option
preference and explained why they were not feasible. The alternatives did not provide the intended coverage and were
located too close in proximity of existing facilities and would create interference. The City had their own expert, Mr.
he had concurred with their conclusions.
Mr. Connors understood the health concern issues. It was prohibited by federal law. The purpose behind the law was
the federal government determined there was a need to standardize radio frequency (RF) emissions. Experts
determined the national standards. As a carrier, Verizon was required to demonstrate compliance with FCC standards.
It was a complicated issue with deep science. It made it difficult for local decision makers who may not have that
expertise to make a determination. It was a reason federal law prohibited local jurisdictions from making decisions
based on health or emission effects.
The second issue raised had to do with the statewide planning goals. Oregon law stated if a local jurisdiction had a
Comprehensive Plan and Land Use Ordinance, compliance with that was presumed to be compliance with the statewide
planning goals. The applicant complied with noticing requirements and procedures. He did not believe there was a legal
basis for the Commission to preclude that the applicant violated statewide planning goals. The applicant complied with
the criteria.
He asked the Commission to approve the application and adopt the staff report as Findings.
Questions of the Applicant
Commissioner Mindlin asked if the students at the university were notified. Mr. Connors did not think the students were
notified. Notice requirements applied to property owners.
Appell
Kathy Uhtoff/Ashland/Lived in the area in a multi-generational household. She was concerned with the cell tower.
Ashland Planning Commission
June 26, 2018
Page 6 of 10
Alan Rathsam/Ashland/ Was a retired mechanical engineer and shared his credentials. The Telecommunications Act
of 1996 was antiquated and based on 580 micro watts per square centimeter of radiated power which was felt on a level
of being cooked. It was obsolete. Current reports from scientists all over the world showed there were health effects far
below those levels. One report noted there was blood brain penetration in a matter of seconds when someone held a
phone next to their head. Another report stated scientists found measurable brain changes in fifty seconds of holding a
phone next to your head. Scientists were demanding a halt to the introduction of 5G. Currently, 4G was limited to 6
gigahertz. The 5G cell would start at 30 gigahertz and could go to 300. It would most likely serve 28-98 gigahertz.
Ms. Uhthoff did not believe the need had been substantiated. The City hired Mr. Johnson, a New York engineer, to do a
study and he was coming to the conclusion the cell tower was not needed. At that point, Verizon heard of the upcoming
report and had their expert submit another report. From that report, Mr. Rathsam had submitted a graph into the record
showing the need was not now. It might be in the future. Based on that, she did not think the Commission should
approve the application.
Public Testimony
Amy Munro/Ashland/She had recently read of other cities not permitting 5G installations. She was a conventionally
trained doctor and initially skeptical. There were thousands of studies on the issue. On the whole they were split with
55% showing a negative effect from the electromagnetic field (EMF) and electromagnetic radiation (EMR). Lack of
definitive proof that something was harmful did not mean it was safe. She spoke to the electromagnetic spectrum.
Approximately 130 years before there was only sunlight and cosmic radiation. Now it was full of manmade EMF and
EMR. The precautionary principle should be used in this circumstance.
Jasper Rose/Ashland/Lived a block away from the college and proposed cell tower. She cared about the quality of life
for herself and two younger brothers, family, and neighbors. Through commented dissonance it was easy to think the
harmful effects were not there but they existed. She was scared for her future. People were surrounding themselves
with wireless technology. They were either aware or not aware like the SOU students who did not know the cell towers
were being installed. Everyone had been so driven to keep advancing technology that they forget to question safety. As
a community, we should stand together and say no.
Vicki Simpson/Ashland/Needed to speak for the children and young people. There were classrooms at SOU for young
children. She knew from a few hours of research there were all sorts of danger and red flags against concentrated cell
phone power in one area. There were increased levels of medical issues for children. She listed several. Other
concerns were bees, birds, animals, and foliage removal around cell towers. There were money concerns for the City.
She doubted insurance companies would insure any wireless operation. She suggested the City use qualified engineers
to map out the ambient radiation levels before the towers are installed and on a yearly basis after installation.
Scott Ploss/Ashland/Worked with people who had radiation poisoning. All of his standard training as an electrician
stated it did not exist. He had worked with people who could find wires in a wall because they were that sensitive. The
need had not been demonstrated. In California, cell towers were banned on fire stations. He questioned using SOU as
a location. Science had advanced since the federal communication guidelines that came out in 1996. There were many
new studies from the federal government. The law had not changed and they were not supposed to address health
issues but there might be other ways to address the issue. Approximately 10% of the nation had EMF sensitivities. The
law needed to be changed. Some laws were wrong in history.
Alan Rathsam/Ashland/ case for immediate need of the SOU cell tower had not been presented directly,
comprehensively, and adequately to the Ashland Planning Department. The case for immediate need was implied but
not specifically addressed in a letter by Andrew Thatcher to Planning Manager Maria Harris. The letter presented
s immediate need in a simple plot of a forward data volume. An FTD trend line fitted versus time with a
reference line showing present data volume capacity. He used the graph submitted into the record earlier. It was taken
s letter. It did not show the basis of cell tower coverage growth that determined the slope
of the trend line. The key was to justify immediate need. The simple plot was not sufficient to establish immediate need.
Ashland Planning Commission
June 26, 2018
Page 7 of 10
only contribution was the cell tower measurements at SOU. Other information in his letter was
merely a review of analysis done by Verizon. Mr. Johnson, cell tower consultant accepted findings in the letter
without questioning the lack of details.
Kelly Marcotulli/Ashland/Protested the cell tower on the grounds that not only was it unnecessary, the City would lose
money because the bee population of Ashland will decline. She submitted a document into the record that spoke to
colony collapse due to electromagnetic radiation from cell phones and relay towers. Ashland was a designated Bee City.
The cell tower jeopardized bees and everything people held dear here. Once the cell tower was installed, others could
collocate. Then the next 5G installation comes along and people fry along with the bees. Bees were an important
species and critical pollinators. They pollinated crops that fed 90% of the world. Where was the feasibility study showing
the need for the tower? It threatened life.
Denise Allen/Ashland/Had over 200 signatures gathered in a short time of people wanting to stop the SOU cell tower.
She had no doubt the signatures would reach the thousands. People in Ashland were very informed. There were many
concerned citizens. She hoped the Commission would make a safe decision for everyone.
Darwin Thusius/Ashland/Read excerpts of the letter to the Editor in the Ashland Daily Tidings that strongly opposed the
tower. He went to the websites of two of the studies referenced in the letter and found no evidence of what the letter
claimed. The conclusion in the studies was ambiguous. Everything was uncertain including the effects of radiation on
lab rats versus humans. Current data showed the present safety limit was acceptable. He was not taking a stance
either way but wanted to know the actual truth.
Ivy Ross/Ashland/Was part of Oregon for Safer Technology. Her group viewed this as a 5 to 10-year project. They
were planning on challenging the entire City code if needed. They were not concerned with aesthetics. They were going
to the next level of consciousness on the subject. Cities around the world were doing this research. They planned on
educating the community and challenging the federal law of 1996, the FCC, and the telecom industry. They would also
make sure SOU students and families understood what was happening with this facility. They questioned the $18,000
for such a large important issue.
Commissioner Mindlin asked if Ms. Ross had information on the notification of students. Ms. Ross had no knowledge if
SOU had notified their students.
Paul Sheldon/Ashland/Lived approximately 800 feet outside of the notification zone. He spoke of having the moral
courage to act. The moral courage to this is wrong. His house will be subject to
electromagnetic trespass from this tower. The law was not there to prohibit trespass in brain with electromagnetic
waves. The Commission would have to answer to their grandchildren on the decision made tonight. The McCarthy
hearings were within the law. Would the Commission have spoken up during that time? Or when smoking was allowed
in rooms in the 1950, or with the current housing of immigrant children? He urged the Commission to say no.
Gary Hrraz/Ashland/All visual aspects of the study were shown except for the view from the neighborhood above the
location. He provided day care for his grandchildren and an elderly woman. His concern went beyond money and what
the federal law thought. More studies were needed. They were in direct line of the site. Noise was also an issue at 45
decibels. There were already issues with noise never addressed. There was nothing to block the radiation that will
come from the tower to their neighborhood.
Chris Lucas/Ashland/Worked at SOU. University students were not notified in an official capacity but were talking
about the facility. There was a real need for greater capacity around SOU. He taught media production with classes in
advanced technology and citizen journalism. Students used their cell phones for reporting. The uses of this technology
were important for the students development and moving into world as media journalists, and story tellers. They needed
to rely on ability to keep facilities up to date. When it got crowded on campus, people lost coverage. Students
Ashland Planning Commission
June 26, 2018
Page 8 of 10
wanted more capacity. He had done the research and he was not worried. There was a good argument for building
capacity for the city and SOU as an instructional tool.
Tara Shea Aananda/Ashland/Expressed respect for the Commission. This was an opportunity to get involved in
something that could possibly go down in history. To make a huge difference not only socially but in human
consciousness. The 5G technology was an attack on physiology and consciousness. This kind of technology affected
the ability to dream, meditate, and connect to each other and whatever created us. She invited them to upstage William
Shakespeare and box the federal government. We do not have to roll over just because of the Telecom act of 1996.
Jim Fong/Ashland/Shared his background and credentials. He had previously worked with Rod Newton form the
Hidden Springs Wellness Center regarding a cell tower going on top of a nearby cinema. They worked closely with staff
to amend the current city ordinance. His wife was electromagnetic sensitive. He was very aware of the federal ban on
considering health concerns. The planning process executed by the City was fundamentally flawed. The assessment
and need for colocation options and stated needs and demands for the facility were unsubstantiated. They all knew the
third party evaluation process would result in efforts by telecommunication companies to throw it back as their validation.
In this case, it appeared the third party evaluation lacked sufficient expertise and knowledge.
Miriam Sundheim/Ashland/The FCC regulation that did not allow decisions made based on health issues was 22 years
old and maybe could now be challenged. She was concerned because they did not really know what the added
electromagnetic issues might mean. She suggested taking more time to consider whether or not to take this risk. She
supported using the precautionary principle.
Rebuttal by Applicant
Mr. Connors addressed testimony about need. There were no approval criteria that related to need. However, there
was evidence from their expert on need who had explained the particulars regarding colocation. This was reviewed by
the City expert. He took i
pushed back and wanted more supportive evidence to substantiate some of the statements Verizon had provided.
Additionally, his client would not be doing this unless there was a need.
Apparently, the notice was not sent to the students because it was specific to property owners. He emailed the
consultant and her understanding was that SOU provided a general notice to the students.
With the screening wall, the noise would be half the maximum allowed.
Lastly, was testimony on health concerns. He reiterated this was not 5G, it was 4G. LTE was an acronym for 4G. Most
of the testimony did not relate to the approval criteria. The Commission had to apply the facts of the law and were not
policy makers. They were constrained in their role. There were venues for someone wanting to challenge the law.
Commissioner Dawkins asked if there were plans to go from 4G to 5G. Mr. Connors responded there was no plan to do
that. He could not say never, 5G was very early in the process. It would be a long evolution and possibly take many
years.
Commissioner Norton wanted to know if Verizon had panels on either of the two existing sites. Mr. Connor did not think
Verizon had panels at either of the sites. They looked at them both for colocation purposes. The conclusion was they
did not satisfy or cover the intended coverage area and were too close to existing facilities and that would create
interference. Mr. Connors did not know where
report.
Questions of Staff
Commissioner Norton asked if the two existing facilities had site design permits and the process for modifying facilities.
Mr. Severson explained there were eight providers at the Ashland Springs Hotel facility. If they wanted to modify that,
Ashland Planning Commission
June 26, 2018
Page 9 of 10
they would have to check with the City. Altering the exterior of the building would require a new process. Replacing an
older system with a new system in the same place would not require the applicant to go through a planning process.
Deliberations & Decision
Chair Pearce noted the Commission was severely constrained. Most of the testimony spoke to health concerns and the
Commission was not the venue to make challenges. Congress was the appropriate entity. Commissioner Dawkins
spoke to the cell tower facility at the cinema eight years before. He had sympathized with testimony against the facility.
He could not vote for it or abstain so he had walked out. Commissioner Mindlin had done the same and both were
reprimanded by the mayor. The Commission governed by being quasi-judicial. They had to uphold same standards as
judges. He noted comments made on the McCarthy hearings about moral responsibility. The criteria stated they could
not deny the application based on health issues per federal law. It was a symbolic gesture but not a legal one. It went
against why the Commission was there and their responsibility here.
Commissioner Mindlin spoke to cognitive dissonance and being constrained by federal law. The reason she kept asking
about the students was that she found it disturbing there was not a single student present for or against the facility. The
students may want more coverage. School was out but some students lived in town. She thought if the students were
aware they would have had the opportunity to go to their administration and oppose the application. That would be within
the legal parameters of what was possible. She did not think sufficient public process was followed in this case.
Commissioner Brown wondered where was the speakers regarding the wildfire ordinance. He acknowledged public
concern regarding the cell facility. However, the Planning Commission had a job that was relatively simple. When an
applicant came in with an application, there are required criteria. The Commission played a role in that process. The
Commission had no control over the cell facility at SOU. They did have 100% control over the wildfire issue. But no one
was talking to that topic. They were speaking to things the Commission had no control over and reprimanding the
Commission. He found it interesting.
Commissioner Norton was not concerned with the roof and screening. He focused on the significant service gap. Both
letters from Mr. Thatcher and Mr. Johnson agreed there was a gap. Tonight, he received the graph, but wished it had
gone back to Mr. Thatcher and Mr. Johnson for a response. Commissioner Brown noted the existing coverage maps in
the packet. Commissioner Norton thought the graph contradicted the information in the packet. Chair Pearce added
there were two hired experts and both agreed there was a coverage gap. There was substantial material that showed
the criteria was met. Commissioner Norton noted there was not enough time to review the graph but hoped next time,
this kind of information was submitted earlier in the process. Commissioner Dawkins agreed it came late but this was a
de novo hearing and the next step was LUBA.
Goal 1 issue. The City complied with the ordinance for noticing.
Commissioners Brown/Dawkins m/s to deny the appeal and approve the application with conditions in the staff
report. Roll Call Vote: Commissioners Norton, Pearce, Brown, and Dawkins, YES. Commissioner Mindlin NO.
Motion passed 4-1.
ADJOURNMENT
Meeting adjourned at 9:30 p.m.
Submitted by,
Dana Smith, Executive Assistant
Ashland Planning Commission
June 26, 2018
Page 10 of 10
Planning Commission Report
DATE: July 10, 2018
TO: Ashland City Council
FROM: Ashland Planning Commission
RE: Planning Commission Recommendation
Ordinance Amendments for Wildfire Development Standards Ordinance
(PA-L-2018-00003)
Summary
The Planning Commission unanimously recommends approval of Planning Action PA-L-2018-
00003. This legislative action includes proposed amendments to the Physical and Environmental
the entire City; amendments to the Ashland Land Use Ordinance to implement new standards for
fire prevention and control plans and fuels reduction associated with development; amendments
to the Tree Removal permit requirements; and a Resolution to establish a Prohibited Flammable
Plant list and a municipal Code amendment to declaration that such plants as a fire hazard.
The Commission found that wildfire poses a risk to persons and property throughout the entire
community and therefore determined that the designated wildfire lands boundary, and the
development standards for wildfire lands, should be applied city wide to mitigate for the
potential adverse effects of wildfire. The commission found that the Wildfire Hazard Zone
Evaluation in 2014 demonstrated that the existing Wildfire Lands overlay boundary does not
incorporate all areas within the City that meet the criteria to be considered a Wildfire Hazard
Zone as set forth by OAR Chapter 629, Division 044, and that that frequency, spread,
acceleration, intensity, and size of fires that have occurred outside the existing wildfire lands
overlay demonstrates that the expansion of the wildfire lands overlay boundary is warranted.
Ashland Fire and Rescue presented a map to the Commission that identified where individual
fire ignition points and larger wildfires have occurred since 1959. This map showed that the risk
of wildfire has not been isolated to the existing wildfire lands overlay area.
-
2-
Ashland wildfires and ignitions:
Pink polygon = Existing wildfire lands designation
Green stars = ignitions
Blue, green, and red polygons = wildfires occurring in 1959, 1973, 2008, 2010
In review of the existing development standards for Wildfire Lands, the Planning Commission
identified a number of potential changes to the existing code to be considered as part of the
legislative amendment process. Draft code revisions were presented at numerous study sessions
throughout 2017 and 2018, and were discussed by the Planning Commission, Tree Commission,
Wildfire Mitigation Commission, and an ad-hoc wildfire hazard committee convened by the
Mayor (comprised of City staff, representatives from the Tree, Planning, and Wildfire Mitigation
Commissions). Through these study sessions the Commissions aimed to clarify the submittal
requirements for a Fire Prevention and Control Plan, as well as revise or establish requirements
for the implementation of required General Fuel Modification Areas not presently codified
within the currently adopted Land Use Ordinance.
The Planning Commission found that if approved the proposed ordinance amendments, and
expansion of the Wildfire Lands boundary, would address Statewide Planning Goal 7 as a local
effort to implement measures to reduce risk to people and property from natural hazards
including wildfire. Further the Commission found that the 2017 Climate and Energy Action
Plan (CEAP) identified that regulation of new development within the Wildfire Fire Overlay was
considered necessary to be more resilient to climate change impacts, and that adoption of the
proposed ordinances would address this CEAP goal. The Commission further acknowledges that
the City Council had an established an explicit
Ashland Planning Commission
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
-
3-
wildfire hazard zone to accurately reflect risk. Update the Wildfire Hazard Zone ordinance to
. This Council goal is
directly addressed through
consideration.
The Commission held a public hearing and deliberations on the proposed amendments on June
th
26, 2018. Prior to the public hearing, the Planning Commission held study sessions on June 24,
2014, February 24, 2015, November 24, 2015, February 23, 2016, and February 27, 2018.
Recommendation
AMC 18.5.9.020.B permits legislative amendments to meet changes in circumstances and
conditions. As discussed earlier, the Planning Commission finds the proposed amendments to the
land use ordinance relating to wildfire development standards and the wildfire lands overlay map
are necessary and are supported by the Planning Staff Report dated June 26, 2017, the 2014 City
of Ashland Wildfire Hazard Zone Evaluation, the Community Planning Assistance for Wildfire
(CPAW) Ashland Ordinance Review (dated January 10, 2017), the CPAW report titled Best
Practices Compilation for Ashland (dated April 2017), and the minutes from the prior study
sessions as included in the record.
The Planning Commission reviewed the recommendations of the City of Ashland Tree and
Wildfire Mitigation Commissions as included in the Planning Staff Report dated June 26, 2018,
and considered the public testimony and written comments provided at the public hearing.
After careful thought and consideration, the Commission voted to recommend the City Council
approve first reading of the ordinances and resolution as follows:
Approval of the proposed map amendment to the Physical and Environmental Constraints
Wildfire Lands Map to designate the entire Urban Growth Boundary and City Limits as
Wildfire Lands.
Approval of the proposed ordinance amending Chapter 18 of the Ashland Land Use
Ordinance to amend the development standards for wildfire lands, and the applicability of
tree removal permits.
Approval of the proposed ordinance amending Chapter 9 of the Ashland Municipal Code
to declare Prohibited Flammable Plants a nuisance.
Approval of the resolution establishing the proposed General Fuel Modification Area
Prohibited Flammable Plant List Wildfire Lands.
Ashland Planning Commission
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us