HomeMy WebLinkAbout2016-02-23 Planning PACKET
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ASHLAND PLANNING COMMISSION
STUDY SESSION
FEBRUARY 23, 2016
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. DISCUSSION ITEMS
A.Development Standards for Wildfire Lands ordinance amendments.
VI. ADJOURNMENT
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Memo
DATE: 2/23/2016
TO: Planning Commission
FROM: Brandon Goldman, Senior Planner
RE: Development Standards for Wildfire Lands ordinance amendments
SUMMARY
General discussion regarding modification of the adopted Wildfire Lands boundary map, and potential
amendments to the Development Standards for Wildfire Lands (Chapter 18.3.10.100)
Currently requirements for Fire Prevention and control Plans, and Fuel Breaks, only apply to properties
within the existing Wildfire Lands area. It is the recommendation of Ashland Fire & Rescue that all
areas within the city limits be declared a wildfire lands, amending the current Wildfire Lands boundary
as set forth in 1992.
BACKGROUND
Ashland Fire and Rescue originally presented a proposal to the City Council on April 15, 2014
th
requesting staff prepare a modification of the Physical and Environmental Constraints Map to expand
the boundary of Ashland’s designated Wildfire Lands to incorporate the entire City (attached map).
Such a map amendment is a legislative Land Use action requiring the approval of an ordinance, with
public hearings before the Planning Commission and City Council.
In review of the existing development standards for Wildfire Lands, Ashland Fire and Rescue identified
a number of potential changes to the existing code to be considered as part of the legislative
amendment process underway. Proposed code revisions would serve to both clarify the submittal
requirements for a Fuel Prevention and Control Plan, as well as establish new requirements for the
implementation of required fuel breaks not presently codified within the currently adopted Land Use
Ordinance (18.3.10.100 attached).
The Planning Commission discussed the expansion of the Wildfire Lands boundary at Study Sessions
on June 24, 2014, February 24, 2015, and November 24, 2015. The Tree Commission discussed
potential changes on April 9, 2015, and held a special meeting to evaluate the initial draft ordinance on
December 10, 2015.
The expansion of the Wildfire Lands boundary would have development implications for all properties
within the City Limits that due to their inclusion they would become regulated under AMC Chapter
18.3.10.100 \[Development Standards for Wildfire Lands\].
A Fire Prevention and Control Plan would be required with applications to partition properties,
subdivisions, or to obtain site review approval (commercial or multi-family developments).
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
A Fuel Break would be required of all properties obtaining building permits for new construction,
as follows:
All new structures, including decks and accessory structures, that increase lot coverage
o
by 200 square feet or greater;
Additions to existing buildings which increase the gross floor area by 200 square feet or
o
greater;
Conversions of existing detached buildings into new habitable floor area.
o
New or re-roofed structures could not use combustible roofing material as defined by the
Oregon Revised Specialty building code.
The version of the ordinance presented to the Planning and Tree Commission at prior study sessions
has been substantially modified to address vegetation management standards in consideration of the
potential impacts upon small parcels within the City, as was an expressed concern at the Commission
meetings. Specifically a number of revisions to the draft fuel break standards aim to establish fuels
reduction requirements that more clearly distinguish between the risk posed by highly flammable plants
and trees and those shrubs and trees that are more fire resistant.
Trees listed on the draft Fuel Break Prohibited Plant List (e.g. Pine, Fir, Cypress):
The separation from structures has been reduced from 10’ to 5’, except a 10’ clearance
o
from a chimney is required in the draft ordinance.
The separation between the canopies has been reduced from 10’ to 5’.
o
shall be pruned up to a minimum eight feet, or 1/3 of the tree height, whichever is less
o
Ashland Fire and Rescue continues to recommend the ordinance provide for the 10’
o
clearances presented in the prior draft ordinance.
Trees that are fire resistant trees (e.g. Oak, Madrone):
The 10’ separation between fire resistant trees and structures has been eliminated, now
o
it simply requires limbs not be in direct contact with the roof or structure, with the
exception of a required 10’ clearance from a chimney.
The separation between the canopies of fire resistant trees has been eliminated, thereby
o
allowing such trees to have interlocking canopies.
Shrubs and bushes, which are identified on the City’s Fuel Break Prohibited Plant List, shall be
separated by a minimum of two times the shrub’s height at maturity.
Fire resistant shrubs and bushes have no separation requirement so could form hedges and
privacy screens.
The vertical clearance between the top of understory vegetation 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 Fuel break Prohibited Plan list. If both the tree and the shrub are fire resistant, then
no ladder fuel vertical clearance would be required.
The prior draft ordinance’s prohibition of any combustible natural or manmade material within
three feet of a structure has been amended to allow fire resistant shrubs and ground covers
within this area. Plants listed on the fuel break prohibited plant list would still be prohibited
within 3 feet of a structure. However, in the event the structure has a fire resistant exterior (i.e.
stucco, brick, concrete block, metal siding, etc), then combustible material such as bark could
be located within 3’ of the structure.
In review of the existing Development Standards for Wildfire Lands, the provision relating to roofing
(18.3.10.100.B.3) is no longer compliant with State building codes in that Ashland’s existing ordinance
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
precludes wood roof coverings in wildfire lands. In the last decade fire retardant treated wood roofing
materials have been tested and approved by the State Building Codes Division as acceptable roofing in
wildfire areas. In consultation with Ashland’s Building Code Official the Land Use Code should not be
in conflict with State law. Our local Fire Department has concern regarding the durability of these new
wood roofing materials over time, and thus in order to preclude these materials locally, the City would
have to amend its local building code obtaining approval from the State. As this process is separate
from the Land Use ordinance amendment process the draft code has been amended to be consistent
with the State of Oregon Revised Structural Code at this time, requiring Class B or better roofing, but
eliminating the prior “non-wood” qualification.
The proposed Fuel Break Prohibited Plant List is presented to identify which plants should not be newly
planted, would need to be thinned, or potentially removed within a general fuel break area in
conjunction with the issuance of a building permit. This limitation regarding species that could be
included in landscape plan would apply to construction activity that triggers the fuel break requirement
(18.3.10.100.B.1) and would have to be addressed on a required Fire Prevention and Control Plan. As
a policy decision the City could further consider implementing the prohibition on such highly flammable
plants city-wide, independent of the development review process. Such a broad application would bettr
ensure that residents do not continue to plant fire prone species in proximity to structures. Such a city-
wide prohibition would best be codified the Public Health and Safety chapter (ch.. 9) of the Municipal
Code, if so directed by Council as a new policy.
Members of Wildfire Mitigation Commission and Tree Commission have been invited to attend the
Planning Commission Study Session this evening to review the draft ordinance as presented.
Additionally, Ashland Fire and Rescue is holding an open house on Thursday February 25 from 5:00-
7:00 pm in the Gresham Room at the Ashland Public Library to present the draft ordinance to
landscaping professionals and the general public.
A public hearing before the Planning Commission is scheduled for April 12, 2016, to be followed with a
hearing before the City Council on May 3, 2016.
Attachments
:
Draft Amendments to 18.3.10.100 - Development Standards for Wildfire Lands
Draft Amendments to other sections of the Ashland Land Use Ordinance relating to Wildfire
Fuel break requirements.
Draft Amendments to 18.3.10.090 – Development Standards for Hillside Lands
o
Draft Amendments to 18.4.3.080 - Vehicle Area Design
o
Draft Amendments to 18.5.3.060 - Additional Preliminary Flag Lot Partition Plat Criteria
o
Draft Amendments to 18.5.7 –Tree Removal Permits
o
Draft Resolution establishing a Fuel Break Prohibited Plant List
Draft Wildfire Lands Map
Draft Ordinance Comparison Matrix
Minutes from the Tree Commission Special Meeting 12/10/2015
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
Planning Commission Study Session
DISCUSSION DRAFT AMENDMENTS
February 23, 2016
18.3.10.100 Development Standards for Wildfire Lands
It is the purpose of the Development Standards for Wildfire Lands to provide
supplementary development regulations to underlying zones to reduce or minimize the
potential impacts of wildfire on properties, the occupants of properties and the
occupants of adjacent properties, as well as 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. 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, Site Design Review or land partition.
2. The Staff Advisor shall forward two copies of the Fire Prevention and Control Plan
to the Fire Code Official within three days of the receipt of a completed application.
The Fire Code Official shall review the Fire Prevention and Control Plan, and
submit a written report to the Staff Advisor no less than 10 days before a scheduled
hearing, or notice of decision in the case of a Partition or Site Design Review
process through a Type I procedure. The Fire Code Official’s report shall be a part
of the record of the Planning Action.
3. The Fire Prevention and Control Plan, prepared at the same scale as the
development plans, shall include the following items:
a. 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.
d. A tree and vegetation management plan showing:
i Trees to be retained including the species, location and diameter at
breast height (DBH),
ii. Trees to be removed including the species, location and diameter at
breast height (DBH),
iii. New trees to be planted,
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iv.. Areas to be thinned to reduce interlocking tree canopies,
v. Shrubs and bushes to be retained, including the species, location
and expected size at maturity,
vi. New shrubs and bushes to be planted,
vii. Dead, dying, or severely diseased, shrubs, bushes and trees to be
removed.
viii. Heavily forested parcels greater than one acre in size may show on
the Fire Prevention and Control Plan only trees, shrubs, and bushes
requested for removal, upon approval of the Staff Advisor in
consultation with the Fire Code Official.
h. The location of and information addressing required general fuel break
setback areas as described in subsection 18.3.10.100.B.
i. 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.
4. Approval Criteria. The hearing authority, in consultation with the Fire Code Official,
shall approve the Fire Prevention and Control Plan when, in addition to
demonstrating compliance with the standards required by this chapter, it is found
that the wildfire hazards present on the property have been reduced to a
reasonable degree, balanced with the need to preserve and/or plant a sufficient
number of trees and plants for erosion prevention, wildlife habitat, enhancement of
water resources, and aesthetics.
5. 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 requirements
through the imposition of conditions attached to the approval.
a. Delineation of areas of heavy vegetation to be thinned and a formal plan for
such thinning.
b. Clearing of sufficient vegetation to reduce fuel load.
c. Removal of all dead and dying trees.
d. Relocation of proposed structures and roads to reduce the risks of wildfire
and improve the chances of successful fire suppression.
6. Provisions for the maintenance of a required Fire Prevention and Control Plan shall
be included in the covenants, conditions and restrictions for the development and
the City shall be named as a beneficiary of such covenants, restrictions, and
conditions.
7. 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
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requirements of the Fire Prevention and Control Plan approved by the hearing
authority.
B. Requirements for Construction of All Structures.
1. A fuel break covering the full extent of the property, as defined below, shall be
required for the following:
a. All new structures, including decks and accessory structures, that increase
lot coverage by 200 square feet or greater
b. Additions to existing buildings which increase the gross floor area by 200
square feet or greater.
c. Conversions of existing detached buildings into new habitable floor area.
2. General Fuel Break Requirements. A fuel break is defined as an area where the
overall intensity of wildfire is reduced through fuels control and that is free of dead
or dying vegetation, and has a reduced concentration of flammable plant species
and ladder fuels which would promote the spread of fire. Establishment of a fuel
break does not involve stripping the ground of all native vegetation. To reduce fire
spread both from and to structures on the property, and to adjoining properties, the
establishment and maintenance of a fuel break is required as follows:
a. All standing dead and dying vegetation shall be removed from the property,
except when approved to carry out ecological functions considered beneficial
within water resource protection areas.
b. Within three feet of a structure existing vegetation which isidentified on the
City’s Fuel Break Prohibited Plant List shall be removed, with the following
exceptions;
i. Significant trees as defined in part 18.6
ii. Established landscaping installed prior to the effective date of this
ordinance in conformance with a landscape plan approved as part
of a Site Design Review or Performance Standards Subdivision.
c. Within three feet of a structure combustible man-made and natural materials
are prohibited including but not limited to bark mulch, and accumulation of
dry leaves and needles.
i. Fire resistant shrubs and ground covers, which are free of dead or
dying material, may be maintained within 3 feet of a structure.
ii. Combustible materials may be permitted within three feet of a
structure when approved by the Staff Advisor in consultation with
the Fire Code Official, provided the structure has a fire resistant
exterior, and is constructed of stucco, brick, tile, adobe, concrete
block, metal siding or comparable fire and ignition resistant
materials.
d. Existing trees which areidentified on the City’s Fuel Break Prohibited Plant
List, shall be maintained to provide a clearance from structures as follows:
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i. 10 feet horizontal clearance from a chimney. At no time shall tree
crowns or limbs extend into the vertical plane of a chimney outlet.
ii. 5 feet above the roof.
iii. 5 feet from the furthest extension of the structure.
iv. In circumstances where meeting the clearance from structures
requirements of 18.3.10.100.B.2.d. i-iii, would compromise the
health and survival of existing trees, at a minimum the trees shall be
maintained consistent with 18.3.10.100.B.2.h.
e. Canopy spacing of the outermost limbs of trees identified on the City’s Fuel
Break Prohibited Plant List shall be separated by at least 5 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 Fuel
Break Prohibited Plant List.
f. Fire resistant trees, those not listed on the City’s Fuel Break
Prohibited Plant List, shall be maintained to provide clearance
from structures as follows:
i. 10 feet horizontal clearance from a chimney. At no
time shall tree crowns or limbs extend into the vertical
plane of a chimney outlet.
ii. Tree limbs shall be pruned to ensure they do not
touch any part of a structure including but not limited
to roofs, eaves, and decks.
g. Shrubs and bushes which are identified on the City’s Fuel Break Prohibited
Plant List, shall be separated by a minimum of two times the shrub’s height
at maturity.
h. Existing trees which are identified on the City’s Fuel Break Prohibited Plant
List shall be pruned up to a minimum eight feet, or 1/3 of the tree height,
whichever is less.
i. 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
Fuel break Prohibited Plan list.
j. Newly planted vegetation within 30 feet of any structure shall not include
species listed on the City’s Fuel Break Prohibited 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.
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
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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 breaks in areas which are also classified as Hillside Lands or Water
Resource Protection Zones, shall be included in the erosion control
measures outlined in section 18.3.10.090 Development Standards for
Hillside Lands and Management Plan for Water Resource Protection Zones
in 18.3.11.110.
m. Fuel breaks may include other structures, and shall not limit distance
between structures and residences beyond that required by other sections of
this ordinance.
n. Properties may limit the fuel break area to lands within 130 feet of any
structure consistent with an approved Fire Prevention and Control Plan, or
upon written approval of the Staff Advisor in consultation with the Fire Code
Official.
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.
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 plan
shall be complied with prior to bringing combustible materials onto the property.
2. For all other structures, the general fuel break requirements of subsection
18.3.10.100.B, above, shall be complied with before bringing combustible materials
onto the property.
3. The Fire Prevention and Control Plan must be implemented during installation of
public or private utilities and site improvements required of a subdivision, partition,
Site Design Review or Performance Standards Development, and shall be
considered part of the applicant’s obligations for land development.
a. The plan shall be implemented prior to final plat approval for lots created by
partitions and for subdivisions or Performance Standards developments not
requiring public improvements. The Fire Code Official, or designee, shall
inspect and approve the implementation of the Fire Prevention and Control
Plan, and the Plan shall not be considered fully implemented until the Fire
Code Official has given written notice to the Staff Advisor that the plan was
5
completed as approved by the hearing authority, or as amended in
accordance with subsection 18.3.110 D.
b. Final inspection of requisite fuel breaks will be conducted prior to bringing
combustible materials onto the property to verify compliance with the fuel
reduction standards set forth in subsection 18.3.10.100B.
4. As of November 1, 1994, existing residences in subdivisions developed outside of
the Wildfire Lands Zone, but later included due to amendments to the zone
boundaries shall be exempt from the requirements of this zone, with the exception
of subsection 18.3.10.100.B.5, above. All new residences, and additions to existing
structures greater than 200 square feet, shall comply with all standards for new
construction in subsection 18.3.10.100.B.
5. Subdivisions developed outside of the wildfire lands zone prior to November 1,
1994, but later included as part of the zone boundary amendment, shall not be
required to prepare or implement Fire Prevention and Control Plans outlined in
subsection 18.3.10.100.A.
D. Minor Amendments.
Changes to an approved Fire Prevention and Control Plan
and General Fuel Break requirements shall comply with the following procedures:
1. The following minor amendments are subject to ministerial approval by the Staff
Advisor with written concurrence from the Fire Code Official:
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 plants, or planting of new non-fire
resistant plants, within thirty (30) feet of a structure.
d. A reduction of the requisite fuel break to address observed field conditions
including preservation of riparian, wetland, and slope stabilizing vegetation.
e. A change in the Fire Prevention and Control Plan that results in a tree canopy
separation of less than 5 feet between the outermost limbs of trees which are
identified on the City’s Fuel Break Prohibited Plant List.
f. The temporary storage of combustible materials on a property prior to
completion of a Fuel Fire Prevention and Control Plan or establishment of a
required fuel break.
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.
The following exceptions are subject to approval through a Type I
Procedure:
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1. An action prescribed by 18.3.10.100 that includes the removal of trees designated
to be retained as part of an approved Planning Action.
2. A change that includes the removal of native vegetation within a Water Resources
Protection Zone.
3. A change in the Plan not specifically listed under 18.3.10.100 D1
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.
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Ashland Land Use Ordinance Sections to be amended in association with the
proposed Wildfire Standards.
18.3.10.090 Development Standards for Hillside Lands
D. Tree Conservation, Protection and Removal.
having 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.
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.
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.
6. Walls and Hedges
a. Where a parking facility is adjacent to a street, a decorative masonry wall or
evergreen site-obscuring fire resistant
hedge screen between 30 and 42
inches in height and a minimum of 12 inches in width shall be established
parallel to and not nearer than two feet from the right-of-way line, pursuant to
the following requirements.
i. The area between the wall or hedge and street line shall be landscaped.
ii. Screen planting shall be of such size and number to provide the required
screening within 12 months of installation.
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iii. All vegetation shall be adequately maintained by a permanent irrigation
system, and said wall or hedge shall be maintained in good condition.
iv. Notwithstanding the above standards, the required wall or screening shall be
designed to allow access to the site and sidewalk by pedestrians, and shall
and
meet the vision clearance area requirements in section 18.2.4.040,
shall not obstruct fire apparatus access, fire hydrants, or other fire
appliances.
b. In all zones, except single-family zones, where a parking facility or driveway is
adjacent to a residential or agricultural zone, school yard, or like institution, a
evergreenfire resistant
sight-obscuring fence, wall, or hedge shall be
provided, pursuant to the following requirements.
i. The fence, wall or hedge shall be placed on the property line and shall be
between five feet and six feet in height as measured from the high grade
side of the property line, except that the height shall be reduced to 30
inches within a required setback area and within ten feet of a street property
line.
ii. Screen plantings shall be of such size and number to provide the required
screening within 12 months of installation.
iii. Adequate provisions shall be made to protect walls, fences, or plant
materials from being damaged by vehicles using said parking area.
iv. Notwithstanding the above standards, the required wall or screening shall be
designed to meet the vision clearance area requirements in section
18.2.4.040.
v. The fence, wall, or hedge shall be maintained in good condition.
18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria
N.
Both sides of the flag drive have been screened with a site-obscuring fence, wall or
evergreenfire resistant
hedge to a height of from four to six feet, except in the front
yard setback area where, starting five feet from the property line, the height shall be
from 30 to 42 inches in the remaining setback area. Such fence or landscaping shall be
to ensure fire apparatus access is not obstructed by the encroachment of
placed
mature landscapingat the extreme outside of the flag drive in order to ensure
.
adequate fire access
.
18.5.7 – Tree Removal Permits
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.
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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, except as otherwise regulated by chapters 18.3.10Physical
and Environmental Constraints and 18.3.11Water Resource Protection
Zones.
3. Removal of trees in multi-family residential zones on lots occupied only
by a single family detached dwelling and associated accessory
structures, except as otherwise regulated by chapters 18.3.10Physical
and Environmental Constraints and 18.3.11Water Resource Protection
Zones.
4. Removal of trees less than six-inches DBH in any zone, excluding those
trees located within the public right of way or required as conditions of
approval with landscape improvements for planning actions.
.
5. Removal of trees less than 18inches DBH on any public school lands,
Southern Oregon University, and other public land, excluding Heritage
trees.
in single family zones
6. Removal of trees , within the Wildfire Lands area
of the City, as defined on adopted maps, for the purposes of wildfire fuel
management, and in accord with the requirements of chapters 18.3.10
Physical and Environmental Constraints and 18.3.11Water 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.
Additional Ordinance amendments or resolutions
Definition of “Fire Code Official” (18.6)
Definition of “Fire Resistant Landscaping” (18.6)
Definition of “highly flammable landscaping” (18.6 – listed on the Fuel Break Prohibited Plant List.
Definition of “Fuel Break Prohibited Plant List” (18.6)
Ordinance and Resolution adopting Fuel Break Prohibited Plant List per Chapter 9 Health and
Safety
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Definition of “fire resistant exterior” (18.6)
Definition of “Fire and Ignition resistant materials” (18.6)
Amendments to procedures table 18.5.1.010 (exceptions and minor amendments)
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RESOLUTION NO. 2016-
A RESOLUTIONADOPTING THE CITY OF ASHLAND FUEL BREAK
PROHIBITED PLANT LIST FOR APPLICATION IN THE WILDFIRE
STANDARDS OVERLAY ZONE:
RECITALS:
A.The Ashland City Council on February __, 2016 adopted Ordinance No. ____, amending
development standards within the City of Ashland Wildfire Standards Overlay Zone, which
shall be codified as Chapter 18.3.10.100 of 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 recognizes establishment of fuel breaks around structures is a vital
wildfire mitigation action that will reduce the potential for harmful impacts of wildfire upon
properties and the occupants of properties,
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 recognizes that the establishment of a Fuel Break Prohibited Plant List
will promote landscapes that do not include highly flammable plants in the immediate
proximity of structures, which will reduce the risk of the spread of wildfires.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Pursuant to Section 18.3.10.100 of the Ashland Municipal Code, the City Council
of the City of Ashland establishes a Fuel Break Prohibited Plant List as follows:
Fuel Break Prohibited Plant List
The use of the following landscape plants is restricted within the City of Ashland
Wildfire Lands overlay area per the general fuel break requirements set forth in Chapter
18.3.10.100 of the Ashland Land Use Ordinance.
Trees
Acacia (Acacia sp.)
ArborvitaeThuja sp.)
Cedar(Cedrus sp.)
Cedar/Cypress(Chamaecyparis sp.)
Cypress (Cupressus sp.)
Douglas fir (Pseudotsuga menziesi)
Fir(Abies sp.)
Resolution No. 2015- Page 1 of 2
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.)
Laurel sumac (Malosma laurina)
Manzanita*(Arctostaphylos sp.) *except for Kinnikinnick
Oregon grape* (Mahonia aquifolium) *except for ‘Compacta’
Rosemary* (Rosmarinus sp.) *except for ‘Prostratus’
Sagebrush(Artemisia sp.)
Scotch broom (Cytisus scoparius)
Scrub oak (Quercus sp.)
Wild Lilac (Ceanothus sp.)
Grasses and Ground Cover
Pampas grass (Cortaderia selloana)
This resolution was duly PASSED and ADOPTED this _________ day of _____________,
2016, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of , 2016.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
2- 20151118_Draft_FlamablePlantList_RESOLUTION
G:\\legal\\PAUL\\FORMS\\resolution form.wpd
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.
Development Standards for Wildfire Lands - code amendment comparison matrix
Fire Prevention and Control Plan requirements
Potential amendments Existing Ordinance Comments
18.3.10.100 A.1
A Fire Prevention and Control Plan shall be Subdivisions, Performance Standards Newly adds “Site Review” as
When a plan is
required with the submission of any Developments, and Partitions. threshold for submission of a Fire
required :
application for an outline plan approval of a Prevention and Control Plan due to
Performance Standards Development, the addition of Multi-family (R-2, R-
preliminary plat of a subdivision, Site Design 3) and Commercially zoned
Review or land partition. properties (C-1, C-1-D, E-1, CM,
NM-C, M-1) within the Wildfire
Lands designation.
18.3.10.100 A.2
Establishes that a Fire Department report on Report to be submitted no less than seven (7) Advancing the time period for
Fire
the Fire Control and Prevention Plan shall be days before a hearing. receipt of the completed report, from
Department
submitted to be submitted no less than ten 7 to 10 days, is necessary to have
review and
(10) days before a hearing or notice of information in the record to inform
report:
decision. Site Review application decisions
that may not have a scheduled
public hearing.
18.3.10.100 A.3
Details Fire Control and Prevention Plan Generally outlines Fire Control and Prevention
Plan
requirements to newly include greater Plan requirements.
submissionspecificity including:
requirements:
Location and dimension of all
structures on the property and those
within 30’ of the property;
Grade and elevation details;
Tree and vegetation management
plan;
Schedule and timetable for vegetation
removal.
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18.3.10.100 A.4
“The hearing authority shall approve the Fire The code amendment newly
“Approval Criteria. The hearing authority, in
Approval
consultation with the Fire Code Official, shall Prevention and Control Plan when, in addition includes “in consultation with the
Criteria
approve the Fire Prevention and Control Plan to the findings required by this chapter, the Fire Code Official” to ensure the
when, in addition to demonstrating compliance additional finding is made that the wildfire hearing authority will consult with
with the standards required by this chapter, it hazards present on the property have been the Fire Code Official as part of
is found that the wildfire hazards present on reduced to a reasonable degree, balanced with planning action reviews regarding
the property have been reduced to a the need to preserve and/or plant a sufficient Fire Prevention and Control Plans..
To acknowledges Ashland Water
reasonable degree, balanced with the need to number of trees and plants for erosion
Resource Protection Zones the
preserve and/or plant a sufficient number of prevention, wildlife habitat, and aesthetics.”
amended language inserts
trees and plants for erosion prevention, wildlife
habitat, enhancement of water resources, and “enhancement of water resources”
aesthetics.” as a factor in evaluating the balance
between fire mitigation and
vegetation retention
18.3.10.100 A.5
“In order to meet the purpose and standards of “The hearing authority may require, through the The list of the potential conditions
Hearing
this chapter the hearing authority, in imposition of conditions attached to the that can be attached to an approval
Authority
consultation with the Fire Code Official, may approval, the following requirements as is consistent with the existing code
conditions
require the following requirements through the deemed appropriate for the development of the
The code amendment newly
imposition of conditions attached to the property.
includes “in consultation with the
approval.a. Delineation of areas of heavy vegetation to
a. Delineation of areas of heavy vegetation be thinned and a formal plan for such Fire Code Official” to ensure the
to be thinned and a formal plan for such thinning.hearing authority will consult with
thinning.b. Clearing of sufficient vegetation to reduce the Fire Code Official as part of
b. Clearing of sufficient vegetation to fuel load. planning action reviews regarding
reduce fuel load. c. Removal of all dead and dying trees. Fire Prevention and Control Plans..
c. Removal of all dead and dying trees. d. Relocation of structures and roads to
d. Relocation of proposed structures and reduce the risks of wildfire and improve the The code amendment introduces
roads to reduce the risks of wildfire and chances of successful fire suppression.”“proposed structures and roads” to
clarify that it is not the intent to
improve the chances of successful fire
condition approval upon the
suppression.”
relocation of existing structures or
existing roads on the property.
Implementation
The implementation provisions within the previously included in 18.3.10.100 A.6relocated to Consolidation of implementation
C
provisions 18.3.10.100
existing code were removed from this provisions into 18.3.10.100 C
relocated
amended section. They have been provides for better consistency
incorporated into the Implementation section within the code.
(18.3.10.100 C)
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Potential amendments Existing Ordinance Comments
Maintenance
18.3.10.100 A.6 18.3.10.100 A.7 Revisions eliminate wording that
provisions to
“Provisions for the maintenance of a required “In subdivisions or Performance Standards limits application to subdivisions and
be included in
Fire Prevention and Control Plan shall be Developments, provisions for the maintenance performance standards projects due
CC&Rs
included in the covenants, conditions and of the Fire Prevention and Control Plan shall be to the new potential to have CC&Rs
restrictions for the development and the City included in the covenants, conditions and on mixed use projects, commercial
shall be named as a beneficiary of such restrictions for the development, and the City site reviews, or other actions
covenants, restrictions, and conditions.”shall be named as a beneficiary of such requiring a Fire Prevention and
Control Plan.
covenants, restrictions, and conditions”
Responsible
18.3.10.100 A.7 18.3.10.100 A.8 Clarifies that an HOA will be
party for responsible for maintenance of
The property owner of a lot, or Home Owners “On lots created by partitions, the property
maintenance of common areas where applicable.
Association for areas held in common, shall be owner shall be responsible for maintaining the
property
responsible for maintaining the property in property in accord with the requirements of the
accord with the requirements of the Fire Fire Prevention and Control Plan approved by
Prevention and Control Plan approved by the the hearing authority.”
hearing authority.
General Fuel Break Requirements
Potential amendment Existing Ordinance Comments
18.3.10.100 B.1
1. A fuel break covering the full extent of the “All new construction and any construction Newly establishes a 200 sq.ft.
Applicability
property, as defined below, shall be expanding the size of an existing structure threshold for additions, deck area
required for the following: shall have a fuel break as defined below.” (coverage), or conversions to
a. All new structures, including decks and habitable space as opposed to “any
accessory structures, that increase lot construction expanding the size of
coverage by 200 square feet or greater an existing structure”.
b. Additions to existing buildings which
increase the gross floor area by 200
square feet or greater.
c. Conversions of existing detached
buildings into new habitable floor area.
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18.3.10.100 B.2
2 General Fuel Break Requirements. A fuel General Fuel Break Requirements. A fuel The amendments consolidate both
break is defined as an area where the break is defined as an area that is free of dead
Fuel Break the “Primary Fuel Break” and
overall intensity of wildfire is reduced or dying vegetation, and has native, fast-
Requirements “Secondary Fuel Break”
through fuels control and that is free of dead burning species sufficiently thinned so that
subsections into one section. As a
or dying vegetation, and has a reduced there is no interlocking canopy of this type of
number of the fuels reduction
concentration of flammable plant species vegetation. Where necessary for erosion
strategies are applicable both areas
and ladder fuels which would promote the control or aesthetic purposes, the fuel break
in immediate proximity of a
spread of fire. Establishment of a fuel break may be planted in slow-burning species.
does not involve stripping the ground of all Establishment of a fuel break does not involve
structure (30’ buffer) and the
native vegetation. To reduce fire spread stripping the ground of all native vegetation.
remainder of the property,
both from and to structures on the property, Fuel breaks may include structures, and shall
consolidating the specific
and to adjoining properties, the not limit distance between structures and
requirements into one outlined
establishment and maintenance of a fuel residences beyond that required by other
section aim to provide greater
break is required as follows: sections of this ordinance.
clarity and consistency.
18.3.10.100 B.3
Primary Fuel Break.
A primary fuel break will be installed,
maintained and shall extend a minimum of 30
feet, or to the property line, whichever is less,
in all directions around structures, excluding
fences, on the property. The goal within this
area is to remove ground cover that will
produce flame lengths in excess of one foot.
Such a fuel break shall be increased by ten
feet for each ten percent increase in slope over
ten percent. Adjacent property owners are
encouraged to cooperate on the development
of primary fuel breaks.
18.3.10.100 B.4.
Secondary Fuel Break. A secondary fuel break
will be installed, maintained and shall extend a
minimum of 100 feet beyond the primary fuel
break where surrounding landscape is owned
and under the control of the property owner
during construction. The goal of the secondary
fuel break is to reduce fuels so that the overall
intensity of any wildfire is reduced through
fuels control.
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Potential amendment Existing Ordinance Comments
a. All standing dead and dying vegetation 18.3.10.100 B2 General Fuel Break
shall be removed from the property, except
Requirements.
when approved to carry out ecological “A fuel break is defined as an area that is free
functions considered beneficial within water of dead or dying vegetation…”
resource protection areas.
b. Within three feet of a structure existing No such provision in existing code
vegetation which is identified on the City’s
Fuel Break Prohibited Plant List shall be
removed, with the following exceptions;
i. Significant trees as defined in part 18.6
ii. Established landscaping installed prior
to the effective date of this ordinance in
conformance with a landscape plan
approved as part of a Site Design
Review or Performance Standards
Subdivision.
c. Within three feet of a structure combustible
man-made and natural materials are
prohibited including but not limited to bark
mulch, and accumulation of dry leaves
and needles.
i. Fire resistant shrubs and ground
covers, which are free of dead or dying
material, may be maintained within 3
feet of a structure.
ii. Combustible materials may be
permitted within three feet of a
structure when approved by the Staff
Advisor in consultation with the Fire
Code Official, provided the structure
has a fire resistant exterior, and is
constructed of stucco, brick, tile, adobe,
concrete block, metal siding or
comparable fire and ignition resistant
materials.
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Potential amendment Existing Ordinance Comments
No such provision in existing code Ashland Fire and Rescue suggests
d. Existing trees which are identified on the
City’s Fuel Break Prohibited Plant List, that the clearance requirements
shall be maintained to provide a clearance from structures be at least 10 feet
from structures as follows: from chimneys and 10 feet any part
i. 10 feet horizontal clearance from a of the structure or roof.
chimney. At no time shall tree crowns
or limbs extend into the vertical plane Planning Staff has proposed the
of a chimney outlet. requisite clearance be 5 feet, other
ii. 5 feet above the roof. than from chimneys, in
iii. 5 feet from the furthest extension of consideration of relatively small
urban lots with minimum side and
the structure.
rear yards which make a 10’
iv. In circumstances where meeting the
separation problematic.
clearance from structures
requirements of 18.3.10.100.B.2.d. i-
iii, would compromise the health and
survival of existing trees, at a
minimum the trees shall be maintained
consistent with 18.3.10.100.B.2.h.
e. Canopy spacing of the outermost limbs of No explicit canopy spacing provision in Ashland Fire and Rescue suggests
trees identified on the City’s Fuel Break existing code , however the General Fuel that the clearance requirements
Prohibited Plant List shall be separated by Break definition above (18.3.10.100 B.2) between canopies should be least
stipulates the following:
at least 5 feet at mature size. 10feet.
i. Groups of trees in immediate proximity
to each other may be considered as Planning Staff has proposed the
“…free of dead or dying vegetation, and has
one tree canopy when approved by requisite canopy separation be 5
native, fast-burning species sufficiently thinned
the Staff Advisor in consultation with feet, in consideration of dense
so that there is no interlocking canopy of this
the Fire Code Official. existing canopy coverage on small
type of vegetation.”
ii. Canopy spacing requirements do not lots. Planning Staff has been
apply to significant trees, as defined in concerned that meeting a 10’
part 18.6, or trees that are not listed separation between canopies of
on the City’s Fuel Break Prohibited conifers may necessitate tree
Plant List. removal, as opposed to pruning
limbs.
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Potential amendment Existing Ordinance Comments
No explicit canopy spacing provision in
f. Fire resistant trees, those not listed on
the City’s Fuel Break Prohibited Plant existing code , however the General Fuel
List, shall be maintained to provide Break definition above (18.3.10.100 B.2)
clearance from structures as follows: stipulates the following:
i. 10 feet horizontal clearance from a
chimney. At no time shall tree
“…free of dead or dying vegetation, and has
crowns or limbs extend into the
native, fast-burning species sufficiently thinned
vertical plane of a chimney outlet.
so that there is no interlocking canopy of this
ii. Tree limbs shall be pruned to ensure
type of vegetation.”
they do not touch any part of a
structure including but not limited to
roofs, eaves, and decks.
g. Shrubs and bushes which are identified on No such provision in existing code
the City’s Fuel Break Prohibited Plant List,
shall be separated by a minimum of two
times the shrub’s height at maturity.
No such provision in existing code
h. Existing trees which are identified on the
City’s Fuel Break Prohibited Plant List shall
be pruned up to a minimum eight feet, or 1/3
of the tree height, whichever is less.
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Potential amendment Existing Ordinance Comments
No such provision in existing code The proposed “3 times the height of
i. The vertical clearance between the top of
understory vegetation within the drip line of vegetation” distance between limbs
a tree, and the lowest tree limbs shall be at and understory vegetation may
least three times the height of vegetation result in significant pruning of both
where either the tree or vegetation is listed existing trees and shrubs, or
on the City’s Fuel break Prohibited Plan list. removal in the event this standard
could not be met when vegetation is
within the drip line of a tree.
However, as drafted this standard
would only apply in circumstances
when either the tree or shrub is
identified on the Fuel Break
Prohibited Plant List. This ladder
fuel standard would not apply when
both the shrub and tree are fire
resistant species.
j. Newly planted vegetation within 30 feet of 18.3.10.100 B.3
any structure shall not include species listed Primary Fuel Break.
on the City’s Fuel Break Prohibited Plant A primary fuel break will be installed,
List. This setback distance shall be maintained and shall extend a minimum of 30
increased by ten feet for each ten percent feet, or to the property line, whichever is less,
increase in the average slope of the property in all directions around structures, …Such a
over ten percent. fuel break shall be increased by ten feet for
.each ten percent increase in slope over ten
percent.
The General Fuel Break section above
k. Where necessary for erosion control, slope
(18.3.10.100 B.2) includes the following:
stability, riparian and wetland preservation
and enhancement, performing functions Where necessary for erosion control or
considered beneficial in water resource aesthetic purposes, the fuel break may be
protection, or aesthetic purposes, existing planted in slow-burning species. Establishment
vegetation may be allowed to be retained of a fuel break does not involve stripping the
consistent with an approved Fire Prevention ground of all native vegetation.
and Control Plan, or upon written approval
of the Staff Advisor in consultation with the
Fire Code Official.
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Potential amendment Existing Ordinance Comments
l. Fuel breaks in areas which are also 18.3.10.100 B.2 C.
classified as Hillside Lands or Water Fuel breaks in areas which are also Erosive or
Resource Protection Zones, shall be Slope Failure Lands shall be included in the
included in the erosion control measures erosion control measures outlined in section
outlined in section 18.3.10.090 Development 18.3.10.090 Development Standards for
Standards for Hillside Lands and Hillside Lands.
Management Plan for Water Resource
Protection Zones in 18.3.11.110.
m. Fuel breaks may include other structures, The General Fuel Break section above
and shall not limit distance between (18.3.10.100 B.2) includes the following:
structures and residences beyond that “Fuel breaks may include structures, and shall
required by other sections of this ordinance. not limit distance between structures and
residences beyond that required by other
sections of this ordinance.”
n. Properties may limit the fuel break area to
lands within 130 feet of any structure
consistent with an approved Fire Prevention
and Control Plan, or upon written approval
of the Staff Advisor in consultation with the
Fire Code Official.
18.3.10.100 B.3
Roofing. Where 50% or more of a structure’s Roofing. All structures shall be constructed or Alternative wood roofing materials
(new)
roof area is replaced within a five year period, re-roofed with Class B or better non-wood roof that have been tested and approved
18.3.10.100 B.5 the roof covering shall be constructed or re-coverings, as determined by the Oregon as fire resistant under the Oregon
(existing) roofed with a Class B or better roof covering. Structural Specialty Code. All re-roofing of Specialty Structural Code (in
All re-roofing of existing structures in the addition to Class B non-wood
existing structures in the Wildfire Lands area
Roofing
Wildfire Hazard Zone shall be done under for which at least 50 percent of the roofing area coverings) would be permissible
approval of a zoning permit. requires re-roofing shall be done under under State Law.
approval of a zoning permit. No structure shall
be constructed or re-roofed with wooden The code needs to be consistent
shingles, shakes, wood-product material or with the Oregon Specialty Structural
other combustible roofing material, as defined Code. The inclusion of “non-wood”
in the City's building code. as requirement would necessitate
amendment to the Building Code,
not the land use ordinance.
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Potential amendment Existing Ordinance Comments
18.3.10.100 C 18.3.10.100 C. Amended to include “site design
18.3.10.100 D.
(new)
1. For lands required to comply with 1. For land that have been subdivided and review” due to the addition of Multi-
18.3.10.100 D
subsection 18.3.10.100.A. that have been required to comply with subsection family and Commercial properties
(existing)
partitioned, subdivided or received site 18.3.10.100.A.6, above, all requirements of within the Wildfire Lands
design review, all requirements of the plan the plan shall be complied with prior to the designation.
Implementation
shall be complied with prior to bringing commencement of construction with
combustible materials onto the property..combustible materials. Modifies section to require
compliance “prior to bringing
combustible materials onto the
property” rather than
“commencement of construction” as
existing.
ImplementationModifies section to require
2. For all other structures, the general fuel 2. For all other structures, the vegetation
compliance “prior to bringing
break requirements of subsection control requirements of subsection
18.3.10.100.B, above, shall be complied 18.3.10.100.B, above, shall be complied combustible materials onto the
with before bringing combustible materials with before the commencement of property” rather than
onto the property. construction with combustible materials on “commencement of construction” as
the lot. existing.
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Potential amendment Existing Ordinance Comments
Implementation
3. The Fire Prevention and Control Plan must 18.3.10.100 A.6
be implemented during installation of The Fire Prevention and Control Plan shall be
public or private utilities and site implemented during the public improvements
improvements required of a subdivision, required of a subdivision or Performance
partition, Site Design Review or Standards Development, and shall be
Performance Standards Development, and considered part of the subdivider's obligations
shall be considered part of the applicant’s for land development. The plan shall be
obligations for land development. implemented prior to the issuance of any
a. The plan shall be implemented prior to building permit for structures to be located on
final plat approval for lots created by lots created by partitions and for subdivisions
partitions and for subdivisions or or Performance Standards developments not
Performance Standards developments requiring public improvements. The Fire Chief,
not requiring public improvements. or designee, shall inspect and approve the
The Fire Code Official, or designee, implementation of the Fire Prevention and
shall inspect and approve the Control Plan, and the Plan shall not be
implementation of the Fire Prevention considered fully implemented until the Fire
and Control Plan, and the Plan shall Chief has given written notice to the Staff
not be considered fully implemented Advisor that the plan was completed as
until the Fire Code Official has given approved by the hearing authority.
written notice to the Staff Advisor that
the plan was completed as approved
by the hearing authority, or as
amended in accordance with
subsection 18.3.110 D.
b. Final inspection of requisite fuel
breaks will be conducted prior to
bringing combustible materials onto
the property to verify compliance with
the fuel reduction standards set forth
in subsection 18.3.10.100B.
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Potential amendment Existing Ordinance Comments
Implementation
4. As of November 1, 1994, existing 3. As of November 1, 1994, existing
residences in subdivisions developed residences in subdivisions developed
outside of the Wildfire Lands Zone, but outside of the Wildfire Lands Zone, but
later included due to amendments to the later included due to amendments to the
zone boundaries shall be exempt from the zone boundaries shall be exempt from the
requirements of this zone, with the requirements of this zone, with the
exception of subsection 18.3.10.100.B.5, exception of subsection 18.3.10.100.B.5,
above. All new residences, and additions above. All new residences shall comply
to existing structures greater than 200 with all standards for new construction in
square feet, shall comply with all standards subsection 18.3.10.100.B.
for new construction in subsection
18.3.10.100.B. 4. Subdivisions developed outside of the
wildfire lands zone prior to November 1,
1994, but later included as part of the zone
5. Subdivisions developed outside of the boundary amendment, shall not be
wildfire lands zone prior to November 1, required to prepare or implement Fire
1994, but later included as part of the zone Prevention and Control Plans outlined in
boundary amendment, shall not be subsection 18.3.10.100.A.
required to prepare or implement Fire
Prevention and Control Plans outlined in
subsection 18.3.10.100.A.
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Exceptions and 18.3.10.100. D Minor Amendments.
No such provision in existing code Existing standards are not as clear
Minor
Changes to an approved Fire Prevention and and objective as those proposed.
Amendments.
Control Plan and General Fuel Break With fairly prescriptive standards it
requirements shall comply with the following is essential to allow for changes to
procedures: an approved plan or fuel break
1. The following minor amendments are standard to accommodate unique
circumstances on individual
subject to ministerial approval by the Staff
properties in consideration of actual
Advisor with written concurrence from the
Fire Code Official: fire risk.
a. A change in the implementation schedule
provided within an approved Fire Enacting an expedited minor
Prevention and Control Plan. amendment procedure (ministerial
b. A delay in the implementation of required approval) affords the applicant the
fuels reduction in consideration of flexibility to request in writing relief
weather conditions, and fire hazard from a specific requirement.
potential, during the period of
construction.
c. The retention of existing non-fire resistant
plants, or planting of new non-fire
resistant plants, within thirty (30) feet of a
structure.
d. A reduction of the requisite fuel break to
address observed field conditions
including preservation of riparian,
wetland, and slope stabilizing vegetation.
e. A change in the Fire Prevention and
Control Plan that results in a tree canopy
separation of less than 5 feet between
the outermost limbs of trees which are
identified on the City’s Fuel Break
Prohibited Plant List.
f. The temporary storage of combustible
materials on a property prior to
completion of a Fuel Fire Prevention and
Control Plan or establishment of a
required fuel break.
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.
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Potential amendment Existing Ordinance Comments
No such provision in existing code This section was newly added to
E. Exceptions.
The following exceptions are subject to clarify that in the event trees were
approval through a Type I Procedure: identified to be kept as part of an
1. An action prescribed by 18.3.10.100 that approved planning action that those
includes the removal of trees designated trees could not then be
to be retained as part of an approved subsequently removed without
Planning Action. review and approval through a Type
2. A change that includes the removal of I planning action. Additionally as
native vegetation within a Water the Wildfire Lands overlay would
Resources Protection Zone. newly include multifamily and
commercially zoned properties, the
3. A change in the Plan not specifically
Tree Removal Permit requirements
listed under 18.3.10.100 D1
within those zones would remain in
4. Tree removal on C-1, C-1-D, E-1, CM,
M-1, HC, R-2, R-3, and NN-2, zoned effect due to E.4
properties subject to Tree Removal
Permit requirements set forth in chapter
18.5.7.
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TREE COMMISSION MINUTES
December 10, 2015 Study Session
CALL TO ORDER
Gregg Trunnell called the study session to order at 6:05 p.m. in the Siskiyou Room of the Community
Development and Engineering Services building located at 51 Winburn Way.
Commissioners Council Liaison
Ken Schmidt (absent) Carol Voisin (absent)
Gregg TrunnellStaff
Casey Roland Brandon Goldman, Senior Planner
Maureen Battistella Chris Chambers, AF&R
Russell Neff Alison Lerch, AF&R
Christopher John (absent)
Mike Oxendine
DISCUSSION TOPIC:
Development Standards for Wildfire Zones
Brandon Goldman, Senior Planner, provided an overview of the existing land use standards for wildfire
lands, and outlined potential changes to requirements for Fuel Breaks and Fuel Prevention and Control
Plans in the code presented for discussion.
Goldman explained that presently just over 1250 acres are within the existing Wildfire Lands area, this
accounts for over 25% of the Urban Growth boundary. He noted that with approval of expansion of the
Wildfire Lands area boundary the entire City would be subject to the standards of 18.3.10.100 which
presently require:
Fuel Prevention and Control Plan for subdivisions and partitions (creating new lots)
Hearing authority makes a determination that “the wildfire hazards present on the property
have been reduced to a reasonable degree, balanced with the need to preserve and/or plant a
sufficient number of trees and plants for erosion prevention, wildlife habitat, and aesthetics”.
Maintenance of the fire prevention and control plan required. (completed thinning)
For all new construction and additions expanding the size of an existing structure are required to have a
fuel breaks around the structure. Goldman noted that current requirements stipulate that the general fuel
break area be “Sufficiently thinned so there is no interlocking canopy of fast growing vegetation”.
He stated that the goal of the Primary Fuel Break area in the existing code is to “remove ground cover
that will produce flame lengths in excess of one foot”. He explained that the secondary fuel break area
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extends 100’ beyond primary fuel break and has a stated goal in the existing code to “to reduce fuels so
that the overall intensity of any wildfire is reduced through fuels control”
Goldman presented the primary elements of the discussion Draft Ordinance Standards clarifying that the
Fire Prevention and control Plan requirements would apply to Partitions and subdivisions as they had
previously, but due to the expansion the requirement to develop such a plan would newly be applied to
Site Reviews for Multifamily and Commercial developments as part of those future planning actions.
He further clarified that neither Single family homes on existing lots, nor additions to existing structures
would require the development of a Fire Prevention and Control Plan, although they would be subject to
fuels reductions through establishment of a fuel break.
Goldman explained that Ashland Fire and Rescue (AF&R) has been using a checklist that helps them
evaluate the potential risk of wildfire spread on properties when inspecting properties for compliance
with the existing fuel break standards, and that Planning Staff and AF&R Staff have been working to
develop clear and objective fuel break standards for consideration. He said revising the existing code
provides the opportunity to clarify precisely what is meant by a number of specific terms used in the
existing code including:
”fast burning species”
Fuel Break Prohibited Plan list
Apply to all new plantings within 30’ of a structure as part of a development
proposal, Should it also apply to existing?
“Sufficiently thinned so there is no interlocking canopy of this type of vegetation”
Applies to “fast burning species” which would be newly defined as those trees,
shrubs, and groundcovers listed on the Fuel Break prohibited list
As written the discussion draft stipulates that a minimum 10’ separation
from structure (roof, chimney, decks, and outbuildings) for all tree
canopies is required. Chris Chambers, Forestry Division Chief with
Ashland Fire and Rescue, clarified that fire resistant tree canopies could
be retained even if within 10’ of a structure , other than chimneys,
provided the limbs do not touch the structure. A 10’ canopy separation
from chimneys for all tree varieties would still be a proposed ordinance
amendment.
AF&R clarified that if highly flammable species met, or could be trimmed
to meet, canopy spacing requirements the intent was that they could be
retained in the fuel break area.
“remove ground cover that will produce flame heights in excess of 1 foot.”
Within the discussion draft there is potential language that would disallow
combustible materials within 3’ of a structure (bark mulch, plantings along a wall,
accumulation of leaves etc).
Chambers clarified that AF&R would be amenable to fire resistant plants being
retained within 3’ of a structure through revisions to the draft ordinance.
“all new construction, and any construction expanding the size of an existing structure”
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Goldman described how the newly proposed 200 sq.ft. of increased lot coverage
trigger for fuel break requirements was derived, as outbuildings less than
200sq.ft. do not require building permits. He further explained that AF&R has
indicated they would like this changed to include any change of use within an
existing structure (garage becoming habitable space)
Alison Lerch, Fire Adapted Communities Coordinator, discussed an internationally recognized interface
code standards for wildfire protection. She explained that as the entirety of Ashland is in close
proximity to wild lands there is a threat of wildfire citywide. Lerch noted that the City of Ashland has 23
Firewise communities, has established an evacuation program, and has undertaken forestry fuels
reduction within the urban-forest interface area. She explained that adopting codes and ordinances is
another stead in ensuring that Ashland is a “Fire Adapted Community”. She explained that Firewise is a
voluntary program, and in spite of considerable success in getting neighborhoods to participate, the area
included in the 23 designated neighborhoods only accounts for 7% of the city.
Commissioner Greg Trunnell said his neighborhood was one of Ashland’s participating Firewise
Communities, and that there are substantial difference between the draft code, and the Firewise
Program.
Chambers discussed incidents of wildfire within the community that were outside the existing wildfire
overlay area, and expressed that these incidents were the motivation to manage vegetation and roof
materials throughout the City. He elaborated on past initiatives presented to the City Council relating to
vegetative management that were not moved forward, and explained that adopting a citywide wildfire
area would address the threat of wildfire from such things as wood shingled roofs, which are presently
allowed outside the hazard area boundary.
Commissioner Mike Oxendine questioned how the Wild Fire Hazard Evaluation report was conducted
in assigning the Wildfire Hazard f values and is establishing the geographic sections of the City
considered. He noted that in his review of OAR chapter 629 division 044 that the preparation of the
Wildfire Hazard Evaluation should have been completed by an accredited assessor as defined by the
OAR. He explained that he sees a conflict of interest in the Fire Department designating areas based
solely on fire risk. He expressed concern over the impact of the draft ordinance on large established
trees next to concrete buildings and metal roofs. Using Green Springs dormitories as an example
Oxendine noted that the adjacent trees touch the building and provide a reduction of about 20% in
cooling costs. He stressed that many areas of town, including SOU, may not be high risk hazard areas.
Chambers responded that Ashland Fire and Rescue prepared the Wild Fire Hazard Evaluation and that
both he and Alison Lerch are employees of AF&R and have extensive experience in wildfire
suppression, landscape vegetation, and forestry. He addressed the geographic boundaries of the
proposed wildfire hazard area in stating embers from an active fire can travel up to 1.5 miles, and can
ignite buildings far from the initial fire, therefore all areas within Ashland are at risk of wildfire. He
provided a recent example in Wenatchee Washington where an industrial area was ignited due to such
embers generated a mile away. He provided the local example of the Oak Knoll fire that resulted in the
loss of 11 homes even though the area was not within the current wildfire overlay boundaries. He spoke
to how such an urban conflagration can be exacerbated by vegetation such as juniper and columnar
cedar, and wooden roofs.
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Chambers explained that the Fire Departments sees some areas of flexibility regarding provisions within
the discussion draft ordinance. He reaffirmed that if someone does not build an addition they would not
have to do anything, explaining the fuel break standards would only apply on new construction and
additions. Oxendine postulated that the draft standards could impact peoples decision to pursue a permit.
Commissioner Maureen Battistella asked how the draft standards would have impacted the Siskiyou,
Oak Knoll, and Railroad fires had they been in effect at the time of those fires. Chambers explained that
the Siskiyou fire was outside the City, so the standards would not have been applied, and that in the Oak
Knoll fire a row of Leland cypress, which are on the prohibited plant list proposed, were a significant
heat source once engulfed in flames. Battistella noted that if those houses had no additions, then the
existing conditions would not have changed. Chambers acknowledged that as fuel breaks are only
required as part of new construction and additions, that is is a small percentage of lots that are impacted
in any given year.
Chambers clarified the areas of draft code that could be modified. He explained that the Fire
Department is agreeable to the 200sq.ft. addition as a threshold. Although AF&R originally proposed
100sq.f.t they are ok with 200 sq.ft. provided it includes any additional floor area including an added
story that does not change the footprint. Goldman explained the distinction between a foot print
expansion and the conversion of existing unheated space into habitable area such as an attic or garage
conversion.
In addressing proposed tree canopy spacing requirements for fire prone trees, Oxendine said he did not
want to discourage people from planning from planting young conifers. He cited that the new conifers
would replace old conifers 100 years from now, and that there are many ways they provide value
including heating and cooling benefits, and increases in property value. He questioned who would
enforce the fuels reduction requirements, and Chambers indicated that Fire Marshal Hickman, Alison
Lerch, and he would be responsible for enforcement.
Chambers clarified that the 10’ clearance from a chimneys should apply to all tree varieties, but fire-
resistant trees could be trimmed only so that they do not physically touch adjacent structures, and that
fire resistant trees would not need to meet the canopy spacing standards other than to avoid interlocking.
Fire prone trees \[those on the prohibited plant list\] should meet the proposed standards for canopy
separation, as well as maintaining a 10 separation from structures. He also explained that the shrub
spacing requirements in the draft ordinance are not intended to apply to privacy screening, or parking
screening, and thus those areas could be amended.
Commissioner Oxendine introduced LEED certification standards which include a scoring system for
using vegetation to help sites reduce heating and cooling, and provide storm water management benefits.
He questioned whether a similar numeric scoring system to rate fire mitigation factors had been
considered. Chambers explained that AF&R had reviewed score based strategies but felt some
minimum requirements were more appropriate.
Commissioner Battistella asked how such standards would apply to mobile home parks. Goldman
explained that if a new unit were added, not a replacement unit, then the park owner would be subject to
a site review planning action and be required to have a Fire Prevention and Control Plan, and address
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fuel breaks for the entire park. He noted that how fuel break requirements would be applied to a single
manufactured home adding a carport addition or deck, is an area that Staff would need to look at closer.
Chambers clarified that the 3’ buffer around homes would necessitate the removal of flammable plants
and accumulation of materials allowing for a gap between mulch and the structure. He reiterated that the
intent is not to disallow fire resistant plants that are maintained. He said there may be further flexibility
regarding bark being adjacent to non-flammable structures.
Commissioner Oxendine suggested that a ten year review of application of the ordinance be conducted
to evaluate the impacts on water resource protection zones, including evaluation from outside experts
such as BLM. Goldman explained that the code provision in 18.3.10.100.A.4 adding water resource
protection was intended to allow reviews to consider vegetation such as interlocking tree canopies over
streams that provide riparian functions. Goldman further noted that the Department of State Lands
reviews development projects that involve any alteration to designated wetlands. Battistella noted that
the language proposed strengthens protections for water resources.
Commissioner Battistella expressed that she thought the trigger for fuel breaks in 18.3.10.100.B.1
should include all floor area, including a second story as it could change the building’s proximity to tree
canopies.
Commissioner Oxendine suggested a 10 year review of the final ordinance, to evaluate its impacts on
water resource protection zones.
The Commission discussed a reduction of fuel break requirements to within 130’ of a structure.
Goldman noted that the draft language allows for such exemptions for lots larger than 1 acre. The
Commission discussed allowances for the retention of dead material on site when serving ecological
functions.
The Commission discussed the exemption for “significant trees” of 18”dbh or greater. Commissioners
discussed other classifications such as heritage trees, tree of the year recipients, unique specimens, and
socially or culturally significant trees, as also potentially being considered for exemption from the fuels
reduction requirements. They further questioned how mitigation would work when a tree removal permit
is required. The mitigation requirements were discussed and it was noted if trees had to be removed for
fuels reduction, there may not be a suitable location to replace them on small parcels, as such mitigation
may be problematic. It was noted that a potential exemption from mitigation requirements could be
possible, or alternatively payment into an in-lieu fee.
Commissioner Oxendine expressed that the cost of fuels reduction could be cost prohibitive for some,
and that a fund to help with trimming or vegetation removal would be helpful. Overall he indicated his
support for an ordinance as in the event a wildfire burns the City, existing trees would be lost as well.
Goldman noted that the draft ordinance would be revised before a citywide notice is sent and the public
hearing process is initiated for ordinance review and adoption. The Commission expressed an interest
in having an opportunity to review the final draft.
Meeting Adjourned
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9:05 pm
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