HomeMy WebLinkAboutThornton_464_PA-T1-2024-00225IYA -1 SH'LAN-
March
22, 2024
Notice of Final Decision
On March 22, 2024, the Community Development Director approved the request for the following:
Planning Action.: PA -T1-2024-00225
Subject Property: 464 Thornton Way
Applicant/Owner: Carlos Delgado/ Brad and Tania Tona
Description: A request for a Physical & Environmental Constraints Permit (P&E) for the
construction of a new single-family home on severely constrained hillside lands (slopes greater than 3 5
percent). The application includes an exception for solar setback standards, an exception to development
standards for hillside lands, and a request for tree removal permits for seven significant trees. The
exception to hillside lands standards is to the maximum height on a section of wall facing downhill; the
requested exception is for a 14 foot section of wall that is 28 feet 6 inches above the finished grade at the
southeast corner of the proposed residence. COMPREHENSIVE PLAN DESIGNATION: Single Family
Residential; ZONING: R-1-7.5; MAP: 39 -IE -05 -CA; TAX LOT: 602
The Community Development Director's decision becomes final and is effective on the 12t1i day after
the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of
approval identified on the attached Findings are required to be met prior to project completion.
The application, all associated documents and evidence submitted, and the applicable criteria are
available for review at the Ashland Community Development Department, located at 51 Winburn Way.
Copies of file documents can be requested and are charged based on the City of Ashland copy fee
schedule.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a
reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(1~)
and/or file an appeal to the Ashland Plam-ling Commission as provided in ALUO 18.5.1.050(G). The
ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be
made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact Jennifer Chenoweth in the Community
Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.468.5305
Ashland, Oregon 97520 Fax: 541.552.2050
ashland.or.us TTY: 800.735.2500
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA -T1-2024-00225
SUBJECT PROPERTY: 464 Thornton Way
APPLICANTh Carlos Delgado
OWNER: Brad and Tania Tong
DESCRIPTION: A request for a Physical & Environmental Constraints Permit
(P&E) for the construction of a new single-family home on severely constrained hillside lands
(slopes greater than 35 percent). The application includes an exception for solar setback
standards, an exception to development standards for hillside lands, and a request for tree
removal permits for seven significant trees. The exception to hillside lands standards is to the
maximum height on a section of wall facing downhill; the requested exception is for a 14 foot
section of wall that is 28 feet 6 inches above the finished grade at the southeast corner of the
proposed residence.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5
MAP: 39 -1E -05 -CA; TAX LOT: 602
SUBMITTAL DATE:
February 6, 2024
NOTICE OF COMPLETE APPLICATION:
February 15, 2024
STAFF APPROVAL DATE:
March 22, 2024
APPEAL DEADLINE (4:30 P.M.):
April 3, 2024
FINAL DECISION DATE:
April 4, 2024
APPROVAL EXPIRATION DATE:
October 4, 2025
DECISION
Proposal
The application requests a Physical & Environmental (P&E) Constraints Review Permit to
construct a new single-family residence on severely constrained hillside lands, containing slopes
greater than 35 percent. The application also includes two exceptions: 1). Solar setback
exception, and 2). Exception to development standards for hillside lands. The exception is to the
maximum height of 20 feet on a 14 foot long section of wall which is requested to be 28 feet 6
inches above the finished grade at the southeast corner of the proposed residence. Additionally,
the applicant is requesting an address change and a permit for the removal of seven significant
trees.
Subject Property
The property is part of the Thornton Subdivision created in 1966. The property is zoned R-1-7.5
single-family residential which has a maximum lot coverage of 45 percent. The vacant property
is .24 acres or about 10,454 square feet. Although the property abuts Prim Street, access is from
Thornton Way by an existing 20 -foot access easement as shown on the 1966 subdivision survey.
The application states that the average slope of the property is 40 percent. There is no location on
the site where a home could be placed without crossing areas of slopes greater than 35 percent.
Although the proposed homesite contains slopes over 35 percent, it is the only natural "flat" area
464 Thornton/jnc
PA #T1-2024-00225
Page I 1
on the lot. The lot was created before the Hillside Ordinance was adopted. The ordinance
typically requires that all new construction occur on slopes less than 35 percent, however
Ashland Municipal Code (AMC) 18.3.10.090.A.1. allows for "Existing parcels without adequate
buildable area less than or equal to 35 percent shall be considered buildable for one single-
family dwelling and an accessory residential unit or a duplex." The proposed construction would
be within steep slopes 35 percent and over, therefore, a Physical and Environmental Constraints
Review Permit is required.
Physical & Environmental (PSE) Constraints Review Permit
The purpose of the Physical and Environmental permit process is to ensure development within
Hillside Lands (per AMC 18.3.10.090) occurs in such a manner as to protect the natural and
topographic character and by ensuring that development does not create sod erosion,
sedimentation of lower slopes, slide damage, flooding problems, and severe cutting or scarring.
The subject properly is proposing development on lands classified as Hillside Lands with Severe
Constraint Lands. The majority of the properly consists of slopes ranging from 25 percent which
are considered "Hillside Lands" to greater than 35 percent which are considered "Severe
Constraint Lands," The application materials explain that the proposed development is occurring
on slopes of 35 to 90 percent.
Table 1: Severe Constraint Slopes Legend
Severe Constraints, slope
0-15
16-25
26-30 (hillside lands)
31-35 (hiflsfde lands)
> 35 (severe constraints)
Figure 1: Plgsical and Environmental Overlay Map of 464
Thornton. See legend for slopeleolor reference.
The application states that the building envelope has been designed to minimize impacts to
natural resources and minimize hillside erosion. The design includes preservation of a 24 -inch
diameter at breast height (DBH) heritage oak. The driveway is proposed in a pre-existing
easement that has an average slope of 25 percent and does not cross any slopes greater than 35
percent. Staff notes that developing the existing access fiom Thornton Way would result in fewer
impacts to hillside lands than if a new access from Prim Street were to be constructed. The
464 Thomtonljnc
PA #T1-2024-00225
Page 12
application includes a geotechnical report which indicates that the property is suitable for
development. The application states, "The geotechnical engineer has reviewed the grading, erosion
control, drainage and retaining wall plans that have been designed by himself and others with
demonstrable expertise in the development of Hillside Lands. The plans provided demonstrate
compliance with the standards from the Land Use Ordinance. The proposed erosion control
measures are consistent with the provisions of this ordinance and that the site has been developed
with cut pad foundation and structural retaining walls which minimize the solids and runoff from
disturbed areas. Refer to graphic plans and geotechnical report."
The property was the remnant of a larger subdivision and therefore, no prescribed building
envelopes were identified. Per Ashland Municipal Code, Chapter 18.3.10.090.A.1, a pre-existing
legal lot of record is buildable for one single-family dwelling and an accessory residential unit
or a duplex in accordance with the standards in sections 18.2.3.040 and 18.2.3.110. The
application shows a building envelope designed to minimize impacts by concentrating the
building footprint to an area near the access easement. The Development Standards for Hillside
Lands also require that a portion of the lot remain in its undisturbed natural state as a function of
the average slope of the property. The property has an average slope of 40 percent. The code
requires that average slope plus 25 is the percentage of the lot that must be retained in its natural
state; in this case 65 percent. The application shows that 70.8 percent of the total lot area would
remain undisturbed, thus exceeding the 65 percent requirement.
The application materials include grading, drainage, retaining walls, and erosion control plans
designed in accordance with the geotechnical engineers' recommendations. A condition has been
included below to require that a geotechnical report be submitted with the building permit along
with a proposed inspection schedule during the foundation excavation and construction.
The application includes a site plan showing the tree inventory, tree preservation and protection,
and proposed tree removal plan. Prior to issuance of a building permit the required Tree
protection fencing shall be installed and be maintained during construction until there is no
additional site disturbance.
The erosion control plan shows temporary and permanent measures to minimize erosion.
Temporary measures include silt fencing, installation of a temporary catchment at the low point
in the silt fence, and a construction entrance to be installed prior to and maintained throughout
construction. Permanent erosion control measures include preserving existing trees and
vegetation as much as feasible and hydroseeding disturbed areas. A condition has been included
that all temporary erosion control measures shall remain in place and be regularly maintained
throughout construction. The site plan shows that stormwater would be collected in four -inch
hard pipes and directed to two catch basins in the driveway parking area, which would connect to
the existing city storm drain system. The nearest stonn drain infrastructure is at an adjacent
property on Thornton Street. Work within the public right of way would be need to be reviewed
and permitted by the Public Works Department.
A wildfire prevention and control plan was included with the application. Eight oak trees ranging
from 6 inches DBH to 12 inches DBH are proposed to be removed for wildfire fuel reduction. In
addition, four trees: two oak and two pine ranging from 7 inches DBH to 10 inches DBH are
464 Thormton/jnc
PA #T1-2024-00225
Page 13
proposed to be removed due to their location within the existing road easement and for wildfire
fuel reduction.
Exceptions to the Development Standards for Hillside Lands (AMC 18.3.10.090.H)
The application includes an Exception to certain Development Standards for Hillside Lands. An
exception under this section is not subject to the variance requirements of chapter 18.5.5,
Variances. The application requests an exception to the design standards for Hillside Lands per
18.3.10.090.E.2.c. The exception speaks to the maximum height of 20 feet on the vertical
downhill wall. The request states, "An exception is requested for a 14 foot section of wall that is
28 feet 6 inches above the finished grade at the southeast corner of the proposed residence."
Chapter 18.3.10.090.H provides that "exception(s) to the Development Standards far Hillside
Lands may be granted if there are unique or unusual aspects of the site; the exception will result
in equal or greater protection of resources; and the exception is consistent with the Purpose and
Intent Chapter 18.3.10." When considering the site conditions and the owner's desire to
minimize disturbance by keeping the property in its most natural state, staff determined that the
exception to the vertical maximums are justified. Staff notes that the average slope of the
property exceeds what the code considers buildable. Based on the above, the proposal to exceed
the vertical wall standards would reduce the overall impacts to the natural resources on these
hillside lands than would occur if the building were to be constructed in a different configuration
on the property.
Variance to Solar Sethack (AMC 18.4.8.020. C)
The application includes a request for an exception to the solar setback. The findings state that
the home site is the only "natural meadow" or "flat" area on the lot which allows for the greatest
potential for solar energy systems with the least amount of tree coverage. A solar access waiver
agreement was signed by the neighbor to the north and notarized, allowing the shade from this
development to encroach onto the adjacent property. The solar waiver was included with
application.
Tree Removal
Development shall be designed to preserve the maximum number of trees on a site; and shall
follow the standards for fuel reduction if the development is within Wildfire Lands. The
application includes a request for Tree Removal Permits for seven significant trees. A significant
tree is defined as conifers that are 18 inches DBH and broadleaf trees that are 12 inches DBH.
Tree removal on a vacant parcel requires the issuance of a tree removal permit. The trees
proposed for removal are shown on the site plan to be within the development footprint and for
wildfire thinning. The application states the besides the removal of the trees and vegetation
within the building envelope and for wildfire prevention, that the remaining trees and vegetation
on the property are to be preserved. Minor landscaping is proposed around the residence once the
development is completed. Mitigation is required for significant tree removal pursuant to AMC
section 18.5.7.050. No mitigation was proposed by the applicant. Therefore, to meet mitigation
requirements a condition of approval is included below. The condition is that to mitigate the loss
of seven significant trees, one of the following options below must be included with the building
464 Thomton/jnc
PA #T1-2024-00225
Page 14
permit submittal and approved prior to issuance of the building permit. 1). Onsite mitigation by
installing replacement trees at a one-to-one ratio (seven total), or 2). Offsite mitigation by
arranging for the replacement of seven trees off-site; this could be arranged with the Parks
Department, or 3) Because the site plan shows that several trees are being removed for wildfire
fuel reduction, an additional option is to provide a letter froze. the Fire Department which states
that the tree removal is being completed in accordance with an approved Wildfire Prevention and
Control Plan. Proof that the mitigation occurred must be submitted and approved prior to
certificate of occupancy.
During the regular March 2024 meeting of the City of Ashland Tree Management Advisory
Committee (Tree MAC), the Tree MAC reviewed the submitted site plans. After discussion, the
Tree MAC recommended to staff to add a condition that the stumps of all trees proposed for
removal be left in place with the exception of the area for house excavation.
Public Comments
After a determination of complete application was made a notice was posted at the property
frontage on Thornton Way as well as on Prim Street. In addition, the notice was mailed to all
property owners of record within two hundred feet of the subject property. During the two-week
public comment period no written comments were received either in favor or opposed to the
application.
The approval criteria for a Physical & Environmental (P&E) Constraints Review Permit for the
development of Hillside Lands are detailed in AMC Section 18.3.10.050 as follows:
An application for a Physical Constraints Review Permit is subject to the Type I procedure in
section 95.5.1.050 and shall be approved if the proposal meets all of the following criteria.
A. Through the application of the development standards of this chapter, the potential
impacts to the property and nearby areas have been considered, and adverse impacts
have been minimized.
B. That the applicant has considered the potential hazards that the development may
create and implemented measures to mitigate the potential hazards caused by the
development.
C. That the applicant has taken all reasonable steps to reduce the adverse impact on the
environment. Irreversible actions shall be considered more seriously than reversible
actions. The Staff Advisor or Planning Commission shall consider the existing
development of the surrounding area, and the maximum development permitted by this
ordinance.
The approval criteria for an Exception to the Development Standards for Hillside Lands are
detailed in AMC Section 18.3.10.090.H as follows:
An exception under this section is not subject to the variance requirements of chapter 18.5.5
Variances. An application for an exception is subject to the Type I procedure in section
18.5.1.050 and may be granted with respect to the development standards for Hillside Lands if
the proposal meets all of the following criteria.
464 Thomton/jnc
PA #T1-2024-00225
Page 15
1. There is demonstrable difficulty in meeting the specific requirements of this chapter due
to a unique or unusual aspect of the site or proposed use of the site.
2. The exception will result in equal or greater protection of the resources protected under
this chapter.
3. The exception is the minimum necessary to alleviate the difficulty.
4. The exception is consistent with the stated Purpose and Intent of chapter 18.3.10
Physical and Environmental Constraints Overlay chapter and section 18.3.10.090
Development Standards for Hillside Lands.
The approval criteria for an Exception to the Solar Setback in AMC Section I8.4.2.020.0 are as
follows:
Requests to depart from section 18.4.8.030, Solar Setbacks, are subject to
subsection 18.4.8.020.0.1, Solar Setback Exception, below. Deviations from the standards in
section 18.4.8.050, Solar Orientation Standards, are subject to subsection 18.5,2.050.E,
Exception to the Site Development and Design Standards.
1. Solar Setback Exception. The approval authority through a Type I review pursuant to
section 18.5.1.050 may approve exceptions to the standards in 18.4.8.030, Solar
Setbacks, if the requirements in subsection a, below, are met and the circumstances in
subsection b, below, are found to exist.
a. That the owner or owners of all property to be shaded sign, and record with the
County Clerk on the affected properties` deed, a release form supplied by the City
containing all of the following information:
i. The signatures of all owners or registered leaseholders holding an interest in the
property in question.
ii. A statement that the waiver applies only to the specific building or buildings to
which the waiver is granted.
iii. A statement that the solar access guaranteed by this section is waived for that
particular structure and the City is held harmless for any damages resulting from
the waiver.
iv. A description and drawing of the shading which would occur.
b. The approval authority finds all of the following criteria are met.
i. The exception does not preclude the reasonable use of solar energy (i.e.,
passive and active solar energy systems) on the site by future habitable
buildings.
ii. The exception does not diminish any substantial solar access which benefits a
passive or active solar energy system used by a habitable structure on an
adjacent lot.
iii. There are unique or unusual circumstances that apply to this site which do not
typically apply elsewhere. (Ord. 3147 § 8, amended, 1112112017)
The approval criteria for a Tree Removal Permit are detailed in AMC Section 1$.5.7.040.13 as
follows:
Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority
finds that the application meets all of the following criteria or can be made to conform
through the imposition of conditions.
464 Thomton/jnc
PA #T1 -2024-00225
Page 16
a. The applicant must demonstrate that the condition or location of the tree presents
a clear public safety hazard (i.e., likely to fall and injure persons or property) or a
foreseeable danger of property damage to an existing structure or facility, and
such hazard or danger cannot reasonably be alleviated by treatment, relocation,
or pruning. See definition of hazard tree in part 18.6.
b. The City may require the applicant to mitigate for the removal of each hazard tree
pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition
of approval of the permit.
2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall
be granted if the approval authority finds that the application meets all of the following
criteria or can be made to conform through the imposition of conditions.
a. The tree is proposed for removal in order to permit the application to be
consistent with other applicable Land Use Ordinance requirements and
standards, including but not limited to applicable Site Development and Design
Standards in part 18.4 and Physical and Environmental Constraints in part 18.10.
b. Removal of the tree will not have a significant negative impact on erosion, soil
stability, flow of surface waters, protection of adjacent trees, or existing
windbreaks.
C. moval of the tree will not have a significant negative impact on the tree densities,
sizes, canopies, and species diversity within 200 feet of the subject property. The
City shall grant an exception to this criterion when alternatives to the tree
removal have been considered and no reasonable alternative exists to allow the
property to be used as permitted in the zone.
d. Nothing in this section shall require that the residential density to be reduced
below the permitted density allowed by the zone. In making this determination,
the City may consider alternative site plans or placement of structures of
alternate landscaping designs that would lessen the impact on trees, so long as
the alternatives continue to comply with the other provisions of this ordinance.
e. The City shall require the applicant to mitigate for the removal of each tree
granted approval pursuant to section 18.5.7,050. Such mitigation requirements
shall be a condition of approval of the permit.
Decision
In the staff's final assessment, we find that the proposal including the requested exceptions,
seeps to minimize the extent of disturbance to a severely constrained site. The applicant has
provided a detailed set of findings addressing each of the relevant approval criteria and by its
reference is incorporated herein as if set out in full.
Staff finds that the application with the attached conditions complies with applicable ordinances
and meets all required criteria. Planning Action ##PA -T1-2024-00225 is therefore approved. If
any one or more of the following conditions are found to be invalid for any reason whatsoever,
then Planning Action #PA -T 1 -2 024-00225 is denied. The following are the conditions, and they
are attached to the approval:
1. That all proposals of the applicant be conditions of approval unless otherwise modified
464 Thornton/jnc
PA #TI -2024-00225
Page 17
here.
2. That the plans submitted for the building permit shall be in substantial conformance with
those approved as part of this application. If the plans submitted for the building permit
are not in substantial conformance with those approved as part of this application, an
application to modify this land use approval shall be submitted and approved prior to
issuance of a building permit.
3. That the building permit submittals shall include the following:
a. Final lot coverage calculations including all building footprints, driveways, parking,
and circulation areas. Lot coverage shall be limited to that described in the application
materials.
b. That storinwater from all new imperious surfaces and run-off associated with peak
rainfalls must be collected on site and channeled to the City storm water collection
system (i.e., curb gutter at public street, public storm pipe or public drainage way) or
through an approved alternative in accordance with Ashland Building Division policy
BD -PP -0029. Onsite collection systems shall be detailed on the building permit
submittals.
c. That the building foundation shall be designed by an engineer or architect with
demonstrable geotechnical design experience in accordance with AMC
18.3.10.090.F.
d. A geotechnical report speaking to the suitability of the site for the development
proposed and written verification from the project geotechnical expert confirming that
the building permit submittals provided are consistent with the geotechnical report
and its recommendations (e.g., grading plan, storm drainage plan, foundation plan,
etc.), and a proposed inspection schedule during the foundation excavation and
construction.
e. To mitigate the loss of seven significant trees, one of the following options must be
included with the building permit submittal and approved by Planning prior to
issuance of the building permit. 1). Onsite mitigation by installing replacement trees
at a one-to-one ratio (seven total), or 2). Offsite mitigation by arranging for the
replacement of seven trees off-site; this could be arranged with the Parks Department
and requires proof of purchase, or 3) Provide a letter from the Fire Department which
states that the tree removal is being completed in accordance with an approved
Wildfire Prevention and Control Plan.
f. If mitigation includes onsite replacement trees, then trees shall be planted and
irrigated according to the approved plan. The plan must be submitted with the
building permit and approved by planning prior to issuance of the building permit.
g. For tree preservation, the required tree protection fencing shall be installed and be
maintained during construction until there is no additional site disturbance.
4. That a final erosion control plan shall be provided for review and approval of the
Planning, Building, and Engineering Divisions prior to the issuance of an excavation
permit or commencement of any site work. Temporary erosion control measures (i.e., silt
fence, wattles, or similar) shall be installed according to the approved plan prior to any
464 Thomton/jnc
PA #T1-2024-00225
Page 18
site work, storage of materials, or issuance of an excavation or building permit.
5. Temporary erosion control measures shall remain in place and be regularly maintained
throughout construction.
b. That a Tree Verification Permit shall be applied for and approved by the Staff Advisor
prior to permit issuance, tree removal, or any site work including demolition, staging,
storage of materials, or excavation. The Tree Verification Permit is to inspect the
identification of the tree to be removed and the installation of tree protection fencing for
the trees to be protected on and adjacent to the site. The tree protection shall be generally
consistent with the requirements of AMC 18.4.5.030, with the understanding that more
flexible fencing that typical chain link panels may be necessary as tree protection due to
the site's steep slopes.
7. To minimize hillside erosion, all tree stumps from cut trees that are outside of the
building envelope shall remain in place.
8. That a `General Fuel Modification Area' fuel reduction plan addressing the requirements
in AMC 18.3.10.100.B shall be provided for the review and approval of the Fire
Department prior to bringing combustible materials onto the property, and any new
landscaping proposed shall comply with the wildfire overlay zone standards and shall not
include plants listed on the Prohibited Flannnable Plant List per Resolution 2018-028.
9. That Public Works permits and associated inspections shall be obtained prior to any work
occurring within the public right-of-way. Where public improvements are required or
completed, the developer shall submit reproducible as -built drawings and an electronic
file of all public improvements constructed during and in conjunction with the project to
the City of Ashland. As built drawings shall be submitted prior to final acceptance of the
construction, initiating the one-year maintenance period.
10. All work within the public right of way must be reviewed and pennitted by the Public
Works Department.
11. That prior to final inspection approval or the issuance of a certificate of occupancy:
a. Prior to the issuance of the certificate of occupancy or final Building Division
inspection approvals, the project geo-technical expert shall provide a final report
indicating that the approved grading, drainage and erosion control measures were
installed as per the approved plans, and that all scheduled inspections were conducted
by the project geotechnical expert periodically throughout the project.
b. Prior to the issuance of certificate of occupancy proof of mitigation for tree removals
must be submitted and approved by a Planner.
CZIrandon Goldman, eirector
Department of Community Development
Date
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PA #TI -2024-00225
Page 19
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On 3122124 1 caused to be mailed, by regular mail, in a sealed envelope
with postage fully prepaid, a copy of the attached planning action notice to each
person listed on the attached mailing list at such addresses as set forth on this list
under each person's name for Planning Action #PA -T1-2024-00225, 464 Thornton.
� i zac"
Signature of Employee
Dacumeul5 312212024
PA -T1-2024-00225 391 E05CA603
BERNOULLI RICHARD JIJENNIFER
460 THORNTON WAY
ASHLAND, OR 97520
PA -T1-2024-00225 391 E05CA904
BUHL MICHAEL IMEANI G
519 PRIM ST
ASHLAND, OR 97520
PA -T1-2024-00225 391 E05CA509
CURTIS FRANCES H TRUSTEE ETA
470 PRIM ST
ASHLAND, OR 97520
PA -T1-2024-00225 391 E05CA501
HARDISON LIVING TRUST
509 WALNUT ST
ASHLAND, OR 97520
! PA -T1-2024-00225 391 E05CA704
MCLAUGHLIN MICHAEL D ET AL
450 THORNTON WAY
ASHLAND, OR 97520
PA -T1-2024-00225 391 E05CA600
THORNTON ADLEEN A TRUSTEE ET
490 THORNTON WAY
ASHLAND, OR 97520
PA -T1-2024-00225 391 E05CA511
BOARDMAN M LOU
446 PRIM ST
ASHLAND, OR 97520
PA -T1-2024-00225 39IE05CA510
CHAMPION TONY
490 PRIM ST
ASHLAND, OR 97520
PA -T1-2024-00225 391E05CA801
GERGEN RICHARD L TRUSTEE ETA
499 THORNTON WAY
ASHLAND, OR 97520
PA -T1-2024-00225 391E05CA604
KALUZA ERNA
470 THORNTON WAY
ASHLAND, OR 97520
PA -T1-2024-00225 391E05CA506
MORALES PEDRO/HONG
351 WIMER ST
ASHLAND, OR 97520
PA -T1-2024-00225 391E05CA602
TONG TANIA LIBRADLEY E
4770 ANDREWS RD
MEDFORD, OR 97501
Go to avery.com/templates
Use AveryTemplate5160: €
PA -T1-2024-00225 391 E05CA802
BOLSTAD RONALD S ET AL
481 THORNTON WAY
ASHLAND, OR 97520
PA -T1-2024-00225 391E05CA515
CHOW CRAIG C
454 PRIM ST
ASHLAND, OR 97520
PA -T1-2024-00225 391 E05CA136
GREENWELL WILLIAM A TRUSTEE E
35695 ROYAL SAGE CT
PALM DESERT, CA 92211
PA -T1-2024-00225 391 E05CA902
KREUTZ BRIGITTE R/FARMER JERR
520 THORNTON WAY
ASHLAND, OR 97520
i
PA -T1-2024-00225 391 E05CA121
SCHLESINGER PAUL/JANE EMKES
525 DOGWOOD WAY
ASHLAND, OR 97520
PA -T1-2024-00225 391E05CA700
WAGENSELLER NICHOLAS TRUSTEE
449 PRIM ST
ASHLAND, OR 97520
PA -T1-2024-00225 391 E05CA803 PA -T1-2024-00225 PA -T1-2024-00225
WESTHELLE PAUL A ET AL KENCAIRN LANDSCAPE ARCHITECTURE CARLOS DELGADO ARCHITECT
465 THORNTON WAY 545 A STREET, STE 3 200 CLEAR CREEK DR, STE C
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
464 Thornton
NOD 3122124
22
- Hw L A IN T
NOTICE OF APPLICATION
PLANNING ACTION: PA -T1-2024-00225
SUBJECT PROPERTY: 464 Thornton Way
OWNER/APPLICANT: Carlos Delgado for Brad and Tania Tana
DESCRIPTION: A request for a Physical & Environmental Constraints Permit (P&E) for the construction of a new
single-family home on severely constrained hillside lands (slopes greater than 35%). The application includes an
exception for solar setback standards, an exception to development standards for hillside lands, and a request for
tree removal permits for seven significant trees. The exception to hillside lands standards is to the maximum height
on a section of wall facing downhill; the requested exception is for a 14 foot section of wall that is 28 feet 6 inches
above the finished grade at the southeast corner of the proposed residence. COMPREHENSIVE PLAN
DESIGNATION: Single Family Residential; ZONING: R-1-7.5; MAP: 391E 05 CA; TAX LOT: 602.
NOTICE OF COMPLETE APPLICATION: February 15, 2024
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: February 29, 2024
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97520 Fax: 541.552.2050 IrF�01
oshiand.or.us TTY: 800,735.2900
_�CIITY OF
4""`ff
The Ashland Planning Division Staff has received a complete application for the property noted on Page 1 of this notice.
A copy of the application, including all documents, evidence and applicable criteria are available online at "What's
Happening in my City" at htt s:11gis..ashland.or.us/developmentproposals/. Copies of application materials will be provided
at reasonable cost, if requested. Application materials may be requested to be reviewed in-person at the Ashland
Community Development & Engineering Services Building, 51 Winburn Way, via a pre -arranged appointment by calling
(541) 488-5305 or emailing planning@ashland.or.us.
Any affected property owner or resident has a right to submit written comments within the 14 -day comment period to
planning anashland.or.us or to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30
p.m. on the deadline date shown on Page 1.
Ashland Planning Division Staff determine if a land use application is complete within 30 days of submittal. Upon
determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting the
application. After the comment period and not more than 45 days from the application being deemed complete, the Planning
Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5
days of decision. An appeal to the Manning Commission of the Planning Division Staffs decision must be made in writing to
the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.G)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an
objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an
opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue.
Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that
criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with
sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
If you have questions or comments concerning this request, please feel free to contact Jennifer Chenoweth at #541-552-
2045 or Jennifer.Chenoweth(o)ashland.or.us.
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City
Administrator's office at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the
City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title 1).
PHYSICAL & ENVIRONMENTAL CONSTRAINTS
18.3.10,050
An application for a Physical Constraints Review Permit is subject to the Type I procedure in section 18.5.1.050 and shall be approved if the proposal meets all
of the following criteria,
A, Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and
adverse impacts have been minimized,
B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards
caused by the development.
C. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more
seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the
maximum development permitted by this ordinance.
EXCEPTION TO SOLAR SETBACKS
18.4.8.020.0
C. Exceptions and Variances. Requests to depart from section 18.4.8.030 Solar Setbacks are subject to 18.4.8.020.0.1 Exception to the Solar Setback,
below. Deviations from the standards in section 18.4.8.050 Solar Orientation Standards are subject to subsection 18.5.2.050.E Exception to the Site
Development and Design Standards,
1. Solar Setback Exception. The approval authority through a Type I review pursuant to section 18.51.050 may approve exceptions to the standards
in 18.4.8.030 Solar Setbacks if the requirements in subsection a, below, are met and the circumstances in subsection b, below,
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97520 Fax: 541.552.2050
ashlandLQL. s TTY: 800.735.2900
CITY OF
Asr-11LAN" LJ
are found to exist.
a. That the owner or owners of all property to be shaded sign, and record with the County Clerk on the affected properties' deed, a release form
supplied by the City containing all of the following information.
i. The signatures of all owners or registered leaseholders holding an interest in the property in question.
ii. A statement that the waiver applies only to the specific building or buildings to which the waiver is granted.
iii. A statement that the solar access guaranteed by this section is waived for that particular structure and the City is held harmless for any
damages resulting from the waiver.
iv. A description and drawing of the shading which would occur.
b. The approval authority finds all of the following criteria are met.
i. The exception does.not preclude the reasonable use of solar energy (i.e., passive and active solar energy systems) on the site by future
habitable buildings,
ii. The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable
structure on an adjacent lot.
iii. There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere.
EXCEPTION TO THE DEVELOPMENT STANDARDS FOR HILLSIDE LANDS
18.3.10.090.H
An exception under this section is not subject to the variance requirements of chapter 18.5.5 Variances. An application for an exception is
subject to the Type I procedure in section 18,51,050 and may be granted with respect to the development standards for Hillside Lands if
the proposal meets all of the following criteria,
1. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the
site.
2. The exception will result in equal or greater protection of the resources protected under this chapter.
3. The exception is the minimum necessary to alleviate the difficulty.
4. The exception is consistent with the stated Purpose and Intent of chapter 18.3.10 Physical and Environmental Constraints Overlay chapter and section
18.3.10.090 Development Standards for Hillside Lands.
TREE REMOVAL PERMIT (AMC 18.5.7.040.8)
1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or
can be made to conform through the imposition of conditions,
a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure
persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot
reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6.
b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.53,050, Such mitigation
requirements shall be a condition of approval of the permit.
2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application
meets all of the following criteria, or can be made to conform through the imposition of conditions.
a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements
and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental
Constraints in part 18,10.
b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees,
or existing windbreaks.
C. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of
the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no
reasonable alternative exists to allow the property to be used as permitted in the zone,
d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making
this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen
the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance.
e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation
requirements shall be a condition of approval of the permit.
COMMUNITY DEVELOPMENT DEPARTMENT qra
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 9752D Fax: 541.552.2050
ashlond.or.us TTY: 600.735.2900
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On 2115124 i caused to be mailed, by regular mail, in a sealed envelope
with postage fully prepaid, a copy of the attached planning action notice to each
person listed on the attached mailing list at such addresses as set forth on this list
under each person's name for Planning Action #PA -T1-2024-00225, 464 Thornton.
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Signature of Employee
GAcomm-devWanningftnning ArgonslPAS 6y SireetkIAThomtonlTharnton_462_4644Thomton_464_PA-Tt-2024-002251No1 cinglNOCIThornlon_464_PA-T1-2624-06225_Affidavtt of Mailing.dou 211 512 0 24
SRN-Tt-?, 322400225 391 E05CA603 PA-T'l -202400225 391 E05CA904 PA -T1-2024-00225 391 E05CA510
(,E-flULLI RICHARD JIJENNIFER BUHL MICHAEL IIJCANI G CHAMPION TONY
460 THORNTON WAY 519 PRW ST 490 PRIM ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
/P&'F1 2024-00225 39IE05CA515 PA -T1-2024-00225 391E05CA509 PA -T1-2024-00225 391 E05CAI36
CHOW ,CRAIG C CURTIS FRANCES H TRUSTEE ET A GREENWELL WILLIAM A TRUSTEE E
454 PRIM ST 470 PRIM ST 35695 ROYAL SAGE CT
;ASH -LAND, OR 97520 ASHLAND, OR 97520 PALM DESERT, CA 92211
-PAJ1=2024-00225 391 E05CA604 PA -T1-2024-00225 391 E05CA902 PA -T1-2024-00225 391 E05CA704
KALUZA-ERNA KREU T Z BRIGITTE RIFARMER JERR MCLAUGHLIN MICHAEL D ET AL
470'-,THORNTON WAY 520 THORNTON WAY 450 THORNTON WAY
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 -
PAL T 12024-00225 391 E05CA600 PA -T1-2024-00225 391 E05CA602 PA -T1-2024-00225 391 E05CA700
�THORINTON ADLEEN A TRUSTEE ET TONG TANIA LiBRADLEY E WAGENSELLER NICHOLAS TRUSTEE
11,90 TH0RNTON WAY 4770 ANDREWS RD 449 PRIM ST
ASHLAND, OR 97520 MEDFORD, OR 97501 ASHLAND, OR 97520
:F'A 11-2024-00225 PA -T1-2024-00225 464 THORNTON
XENCAIRN LANDSCAPE ARCHITECT CARLOS DELGADO ARCHITECT NOC 2115124
:545 A,ST, STE #3 200 CLEAR CREEK DR, STE C 14
ASHLAND, OR 97520 ASHLAND, OR 97520
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AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On 2116124 1 caused to be mailed, by regular mail, in a sealed envelope
with postage fully prepaid, a copy of the attached planning action notice to each
person listed on the attached mailing list at such addresses as set forth on this list
under each person's name for Planning Action #PA -T1-2024-00225, 464 Thornton.
.Lag"
Signature of Employee
GAcomm-de4lanning0anning AdonsTAs by StreetlWhomlonMornton_462 4641Thornien 464_PA-T1-2024-00225WotcingMCghomton_464—PA-i1-2024-00225_NOC_Affidavitof Mailing.docx 2116!2024
PA -T1-2024-00225 391E05CA511 PA -T1-2024-00225 391E05CA802 PA -T1-2024-00225 391E05CA801
BOARDMAN M LOU BOLSTAD RONALD S ET AL GERGEN RICHARD L TRUSTEE ET A
446 PRIM ST 481 THORNTON WAY 499 THORNTON WAY
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA -T1-2024-00225 391E05CA501
HARDISON LIVING TRUST
509 WALNUT ST
ASHLAND, OR 97520
PA -T1-2024-00225 391 E05CA803
WESTHELLE PAUL A ET AL
465 THORNTON WAY
ASHLAND, OR 97520
PA -T1-2024-00225 391E05CA506
MORALES PEDROMONG
351 WIMER ST
ASHLAND, OR 97520
PA -T1-2024-00225 391 E05CAl 21
SCHLESINGER PAUL/JANE EMKES
525 DOGWOOD WAY
ASHLAND, OR 97520
464 Thornton
NOC 2116124
7
Planning Divisiora
5.1 11 hiburrl 1Vcr Ashland OR z)75 ()
M -'s Pla.ona : 5 tt45�-5305 Fax: 541-4"_6006
Email: Pi,rn�ista�(�rirslalaia�i.c�(.ua
DESCRIPTION OF PROJECT
- 'eEs5tO
DESCRIPTION OF PROPERTY
Street Address
ZONING PERMIT APPLICATION
FILE
Pursuing LEEDS? Certification? Ci YES ZNO
Assessor's Map No. 391E 0S CA, Sax t_ot(s) -ate -- - --
Zoning Camp Plan Designation
APPLICANT
Name 11 Phone {( 5�?, 4 -Mail
41-1Address 900 L A1;:C!?*, ' City Als� Zip CI-75—Lo
PROPERTY OWNER
Name
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SURVEYOR ENGINEER, ARCHITECT LANDSCAPE ARCHITECT OTHER
Tiiie -C. Name 4 p; -C _ Phone 6805 Z'" 0Z_ E -Mail � ��� .'fir
Address �+y ° _ i;ity..�. Zip
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I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and coifed. l understand that all prt pedy pins must be shovin on the dravrings and visible upon the site inspection, ln.the event the pins are not shown or their
location found to be incorrect, the owner assu:rres full responsibility. f further understand that if this request .is subsequently contested, the burden will be on me to
establish:
?) that f produced sufficient factual evidence at ft-- hearing M support this request,
2) that the findings of tact furnishedjustifies the granting of the request:
3) that the findings of fact furnished by me are adequate; and further
4) that all structures orirnprodernents are properly located on the ground,
Failure in this regard. witl result most likely in not only tiro request being set aside: but also possibly in my structures boing With in roliar:ce thereon being required to
be removed at rr exfrense, if t have. any doubts, f airy advised to seek competent professional advice and assistance.
Applic ignature Date
As owner of the property involved in this request. l have read and understood the complete application and its consequences to me as a property
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Planning Application Submittal —
ADDRESS:
Zoning:
Owner
Tania and Brad Tong
4770 Andrews Road
Medford, OR 97502
541.621.2881
Landscape Architect and Planning
Kerry KenCairn
KenCairn Landscape Architect
147 Central Ave
Ashland, OR 97520
541.488-3194
New Residence in Environmental Constraints
Hillside Lands — Severe Constraints
464 Thornton Way, Ashland OR MAP 391E 05 CA, TL
R-1-7.5 Residential
Architect
Carlos Delgado
Carlos Delgado Architect LLC
200 Clear Creek Drive, Ste C
Ashland, Oregon 97520
541552 9502
Reauired Findings addressing the following Ashland Land Use Ordinance Sections
18.2.4
General Regulations for Base Zones
18.2.5
Standards for Residential Zones
18.3.10
Physical and Environmental Constraints -Hillside
Severe Constraints
18.3.10.090.E
Exception to the Development Standards for Hillside Lands
18.3.10.100
Wildfire Lands
18.3.10.110
Development Standards for Severe Constraint Lands
18.4.3.080.D
Driveways and Turn -Around Design
18.4.5
Tree Preservation and Protection
18.4.8
Solar Access
18.4.8.020.C.
Solar Setback Exceptions
18.5.7
Tree Removal Permits
ATTACHMENTS
464 Thornton_ Planning Application submittal form
464 Thornton_ Geotechnical Report
464 Thornton ^Landscape Plans (11x17)
464 Thornton _AS1.0 Architectural Site Plan (1.1x.17)
464 Thornton A2.1 Exterior Elevations (11x17)
464 Thornton A2.2 Exterior Elevations (11x17)
464 Thornton Solar Waiver notarized
Wildfire Mitigation Submittal Form Updated i 2023
The following exceptions are requested and are addressed in these findings per the
ALUO in this application:
1) Solar Setback Exception per 18.4.8.020.C. These findings address the non-
compliance and provides the required signed documentation to be granted per
Section (refer to Sheet ASLO — Architectural Site Plan)
2) Exception to the Development Standards for Hillside Lands per 18.3.10.030.E
Exception to the maximum height of 20 feet on a section of wall facing downhill.
An exception is requested far a 14 foot section of wall that is 28'-6" above the
finished grade at the southeast corner of the proposed residence. (refer to Sheet
A2.1— East Elevation)
3) Additionally, the owner is requesting an address change from
462 Thornton Way to 464 Thornton Way
Project Description
This is a proposed new single level residence of 1,205 SF for the owners to "age in place"
and has been strategically sited on the uphill portion of the property.
This project falls under the severe constraints category of the Hillside ordinance on a lot
created before the hillside ordinance was in ordinance. The residence location takes the
best advantage of the existing access cut on the uphill portion and is designed to be
situated on the only natural clearing on the property. The proposed floor elevation is 2'
downhill below an established access easement through the west side of property. The
project proposes a driveway to access the residence as well as preserving the future
access to the adjacent property to the north. The residence will also have a 120 SF
covered entry porch and 498 SF outdoor deck area.
The Owner's desire is to create as little disturbance on the property as possible to keep
it in its most natural state. Therefore, the residence is located on the uppermost and
western location along the access easement to minimize driveway access, parking area,
and to orient the residence along a consistent ground contour elevation to minimize
slope and site disturbance. The residence with living on a single level and optimal
location of the residence from both properties to the north and south creates the
minimal disturbance on the property yet is non compliant with the solar ordinance.
Additionally, the project in non compliant with the maximum height from a minimal
portion of the southeast corner of the structure
Chapter 18.2.4
GENERAL REGULATIONS FOR BASE ZONES
18.2.4.010 Access and Minimum Street Frontage
Each lot shall abut a public street other than an alley for a width of not less than 40 feet;
except, where a lot is part of an approved flag partition or abuts a cul-de-sac vehicle turn-
around area, the minimum width is 25 feet.
Complies: lot abuts Prim Street and has a width of 99.94 feet and 99.99 feet and depth
of 106.49 and 106.56 feet. Although the property abuts Prim street it takes access
through an existing access easement off of Thornton
Chapter 18.2.5
STANDARDS FOR RESIDENTIAL ZONES
18.2.5.030 Unified Standards for Residential Zones
This property is in a residential zone (R-1.7'.5) with a proposed single family home on .24 Acre
and complies with all set back requirements for the front (Prim Street), side, and rear
(Thornton way). This is a pre-existing lot and is narrower than it is deep.
Chapter 18.3.10
PHYSICAL AND ENVIRONMENTAL CONSTRAINTS
18.3.10.050 Approval Criteria
Adverse impacts to the site and the surrounding areas have been minimized to the
greatest extent possible, site disturbance has been held close to the home and drive.
The proposed development minimizes fire hazard through the implementation of afire
management plan, minimizes slope failure through the implementation of appropriate
drainage and retaining wall construction, and feasible storm water management
through proper drainage and conveyance through the property and utility easements to
the City Storm water system.
18.3.10.060 Land Classifications
B. Hillside Lands.
This property falls under the Hillside Lands category, it is identified in the hillside lands
overlay map, is visible from Prim Street, it also contains slopes greater than 25% throughout
the site.
C. Wildfire Lands.
This property is classified as Wildfire Lands by city of Ashland maps.
D. Severe Constraint Lands.
The property is considered Severe Constraints due to its predominant slope which is greater
than 35%
18.3.10.090 Development Standards for Hillside Lands
A. General Requirements.
1. Buildable Area. All development shall occur on lands defined as having buildable area.
Slopes greater than 35 percent shall be considered unbuildable except as allowed below.
Exceptions may be granted to this requirement only as provided in subsection
18.3,10.090.H.
This lot has been previously approved for a homesite in slopes greater than 35% the lot
was created before the Hillside Ordinance was put in place. This project meets the
requirement language for an exception as there is no location on the site where a home
could be paced without crossing areas of slope greater than 35%. The proposed home is
located in the area that contains the least amount of slopes over 35% possible
2. Building Envelope.
The building envelope is in slopes of 35% to 40% which except for an area right at the PUE
are the gentlest slopes on the property. The location of the home is also responsive to one
of the few large (24 inch) heritage oaks on the property. The tree sits in the front yard of
the residence and is protected and highlighted through the use of retaining wall and
appropriate grading.
3. New Streets and Driveways.
The proposed driveway is existing within the pre-existing access easement with grades on
average 25% slope — it does not cross any slopes greater than 35°x.
4. Geotechnical Studies.
Refer to submitted geotechnical study dated Sep 23, 2023 by Applied Geotechnical
Engineering and additional information provided by geotechnical engineer.
B. Hillside Grading and Erosion Control. All development on lands classified as Hillside
shall provide plans conforming to the following items:
The geotechnical engineer has reviewed the grading, erosion control, drainage and
retaining wall plans that have been designed by himself and others with demonstrable
expertise in the development of Hillside Lands. The plans provided demonstrate
compliance with the standards from the Land Use Ordinance. The proposed erosion
control measures are consistent with the provisions of this ordinance and that the site has
been developed with cut pad foundation and structural retaining walls which minimize
the solids and runoff from disturbed areas. Refer to graphic plans and geotechnical report
2. Timing of Improvements.
This is a single family home and does not have to comply with "timing of Improvements"
standards.
3. Retention in Natural State.
The average slope on this property is 40°0
40% of the 43,652 (1 acre) lot is 17,461 square feet
25% of the 43,652 (1 acre) lot is 10,913 square feet
Required total natural state is 65% - 28,374
***The total area being affected by grading and other disturbance is 12,750, therefore
maintaining 70.8% in natural state.
4. Grading —Cuts. On all cut slopes on areas classified as Hillside Lands, the following
standards shall apply:
a. All cut slopes are contained by a segmental retaining wall system.
b. There will be no exposed fill slopes on this project.
c. Not applicable
d. Revegetation of cut slope terraces shall include the provision of a planting plan,
introduction of top soil where necessary, and the use of irrigation if necessary.
Please see graphic submittal sheet L 2.0
5. Grading-- Fill. On all fill slopes on lands classified as Hillside Lands, the following
standards shall apply:
a. Complies, see grading plan sheet L 1.3
b. Complies, see grading plan sheet L 1.3
c. Complies, all utilities will take advantage of the driveway for access to the
homesite.
6. Revegetation Requirements.
7. Maintenance Security, and Penalties for Erosion Control Measures.
8. Site Grading. The grading of a site on Hillside Lands shat! be reviewed considering the
following factors:
All grading, retaining wall design, drainage and erosion control has been designed
based on standards designed by the project geo-technical expert and then reviewed
and approved by them as part of this submittal. Erosion control practices have been
designed to minimize solids in runoff from disturbed areas and any tracking from the
site.
9. Inspections and Final Report.
Not Applicable
C. Surface and Groundwater Drainage
All the stormwater on the site is directed to surface drains and collection behind walls. The
water is ultimately taken through the site to the storm water system in Prim Street. No water
will travel over cut faces or fill areas. It is not feasible to install detention on this site due to
steepness and the adjacency if the developed area to the existing system on Prim Street. As
designed, this project will minimize erosion and storm flow increases to the greatest extent
possible.
D. Tree Conservation, Protection and Removal. All development on Hillside Lands shalt
conform to the following requirements:
Please refer to provided graphic tree inventory, sheet L 1.1.
E. Building Location and Design Standards.
1. Building Envelopes.
a. The building envelope shall contain a buildable area with a slope of 35 percent or less.
This is a pre-existing lot with an average of 40% slope and complies as best -as possible to
the Hillside Lands Location standards and the proposed location is within all the required
setbacks.
b. Building envelopes and lot design shall address the retention of a percentage of the lot in
a natural state as required in subsection 18.3.1O.O9O.B.3.
Refer to section above
c. Building envelopes shall be designed and located to maximize tree conservation as
required in subsection 18.3.10.090.01.3 while recognizing and following the standards for
fuel reduction if the development is located in Wildfire Lands.
Refer to section above
d. It is recommended that building envelope locations should be located to avoid ridgeline
exposures, and designed such that the roofline of a building within the envelope does not
project above the ridgeline as illustrated in Figure 18.3.10.090.E.1.d.
Not applicable
2. Building Design. To reduce hillside disturbance through the use of slope responsive
design techniques, buildings on Hillside Lands, excepting those lands within the designated
Historic District, shall incorporate the following into the building design and indicate
features on required building permits:
a. The height of all structures shall be measured vertically from the natural grade to the
uppermost point of the roof edge or peak, wall, parapet, mansard, or other feature
perpendicular to that grade. Maximum hillside building height shall be 35 feet. See
Figure 18.3.10.090.E.2.a.i and Figure 18.3.10.090.E.2.a.ii
Complies — refer to Sheet A2.1
Cut buildings into hillsides to reduce effective visual bulk.
Minimally complies due to location and feasibility of a single level "age in place"
home. Due to the pre -development of the access from the uphill side from Thornton
Way, it is not feasible or practical for a below grade cut into the hillside
i. Split pad or stepped footings shall be incorporated into building design to allow the
structure to more closely follow the slope.
Complies —stepped footings are proposed
ii. Reduce building mass by utilizing below grade rooms cut into the natural slope.
Minimally complies due to location and feasibility of a single level "age in place"
home. Due to the pre -development of the access from the uphill side from Thornton
Way, it is not feasible or practical for a below grade cut into the hillside
A building step -back shall be required on all downhill building walls greater than 20 feet
in height, as measured above natural grade. Step -backs shall be a minimum of six feet.
Decks projecting out from the building wall and hillside shall not be considered a
building step -back. No vertical walls on the downhill elevations of new buildings shall
exceed a maximum height of 20 feet above natural grade. See Figure 18.3.10.090.E.2.c.
Per discussions and review with planning staff, the proposed residence has been
designed with the downhill facing deck with post supports to conceptually mimic the
verticality of trees as well as provide interest rather than a to// solid wall. The design
strategy is to have the placement of the taller walls facing Prim street the furthest
distance from the street.
d. Continuous horizontal building planes shall not exceed a maximum length of 36 feet.
Planes longer than 36 feet shall include a minimum offset of six feet. See
Figure 18.3.10.090.E.2.d.
Complies (refer to Sheet ASI. 0 for dimensions of horizontal planes)
e. It is recommended that roof forms and roof lines for new structures be broken into a
series of smaller building components to reflect the irregular forms of the surrounding
hillside. Long, linear unbroken roof lines are discouraged. Large gable ends on downhill
elevations should be avoided; however, smaller gables may be permitted. See
Figure 18.3.10.090.E.2.c.
Complies -- The design of the roof form and roof lines have been broken into 3
components with the longest roof form (edge of eave) of 26 feet. The tall end of the
shed roof (Scallion form) is east facing for the optimal view, privacy, and optimal
passive solar gain. The west faces nearby uphill neighbors, has minimal solar gain
potential due to uphill trees, and limited view into uphill slope of the adjacent
property. The maximum height of the horizontal edge of the shed roof is 14' flanked
by 13'roof heights to the north and south (refer to Sheet A3.1). This height is well
below a 1-1/2 story roof as well as a peaked gable roof form in the same location.
f. It is recommended that roofs of lower floor levels be used to provide deck or outdoor
space for upper floor levels. The use of overhanging decks with vertical supports in
excess of 12 feet on downhill elevations should be avoided.
Complies - Refer to section c. above and Sheet A2.1
g. It is recommended that color selection for new structures be coordinated with the
predominant colors of the surrounding landscape to minimize contrast between the
structure and the natural environment.
Complies - Refer to Sheets A2.1 and A2.2. Refer to material and finish submittal for
colors.
F. All structures on Hillside Lands shall have foundations designed by an engineer or architect
with demonstrable geotechnical design experience. A designer, as defined, shall not complete
working drawings without having foundations designed by an engineer.
Refer to submitted geotechnical study dated Sep 23, 2023 by Applied Geotechnical
Engineering and additional information provided by geotechnical engineer. A structural
engineering firm has been retained for the design of the foundation.
G. All newly created lots or lots modified by a lot line adjustment must include building
envelopes containing a buildable area less than 35 percent slope of sufficient size to
accommodate the uses permitted in the underlying zone, unless the division or lot line
adjustment is to provide open space or for conservation purposes.
Not applicable
H. Exception to the Development Standards for Hillside Lands.
An exception under this section is not subject to the variance requirements of chapter 185.5,
Variances. An application for an exception is subject to the Type I procedure in
section.18.5.1.05 0 and may be granted with respect to the development standards for Hillside
Lands if the proposal meets all of the following criteria:
1. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a
unique or unusual aspect of the site or proposed use of the site.
The applicant is requesting an exception to the maximum height of 20 feet on a section of
wall facing downhill on the southeast corner of the residence
a) This parcel created in 1966 would not be approved for development under
current standards in the ALUO due to the fact that it does not have a
buildable area <35% slope.
b) A reasonable footprint of 1205 SF, with only a 2 room depth in the
structure — specifically designed for single level "age in place" living. The
design is the smallest viable structure in compliance with hillside
development, any rotation, or reconfiguration of a reasonable residential
floor plan would create a larger disturbance of the existing hillside.
2. The exception will result in equal or greater protection of the resources protected under this
chapter.
a) When this lot was created in 1966, its Access was made to be from
Thornton Way through an access easement to this lot which necessitates
the residence be accessed at a higher finished floor height. All other lots
abutting Prim St. are accessed from Prim St. which creates a substantial
amount of lot disturbance in retaining walls for driveways to access the
parking area as well as turnaround areas to enter back on to Prim St. The
requested exception to the downhill wall height, allows for a finished floor
level closer to that of Thornton Way and will not negatively impact
protected resources.
3. The exception is the minimum necessary to alleviate the difficulty.
a) This is necessary to retain the finished main floor level of the
proposed residence. The wall is at the tallest point is 25.5 feet above the
finished grade. The wall is south facing and continues uphill towards the west
and reduces down to a single story wall height of 13 feet. The southeast
corner exception as summarized in the minimum necessary to alleviate the
difficulty of the site condition.
4. The exception is consistent with the stated Purpose and Intent of chapter 18.3.10, Physical
and Environmental Constraints Overlay, and section 18.3.10.090, Development Standards for
Hillside Lands. (Ord. 3199 § 18, amended, 06/15/2021; Ord. 3191 § 18, amended, 11/17/2020;
Ord. 31.58 § 4, amended, 09/18/2018)
The allowed increase in the downhill wall height allows far reduction to the
amount of disturbance area by creating additional step backs into the
steeper portions of the property. The exception also allows for the creation of
below grade crawlspace and the structural retaining wall of the footing
constructed on the native grade and not fill, increases the downhill wall
height since the finished floor of the structure, especially the entry is dictated
by the elevation and slope of Hitt Road and the building envelope.
The proposed wall height increase and the alteration of more than the
maximum required area of natural slope retention protects the topographic
character and integrity of the hillside lands. The proposal reduces the amount
of cutting, scarring and when considering the difficulty of constructing in the
neighborhood, the proposal is sensitive to the adjacent properties and the
impacts of construction by locating the residence on the most western
hillslope of the property —furthest from Prim Street.
The exceptions allow far a reasonable use that complements the natural and
visual character of the City on a challenging site.
18.3.10.100 Development Standards for Wildfire Lands —
A Wildfire Prevention and Control plan has been provided with this application, please see
sheet L 1.1
It is the purpose of the development standards for Wildfire Lands to provide supplementary
development regulations to underlying zones to reduce or minimize the potential impacts of
wildfire on properties, the occupants of properties and the occupants of adjacent properties.
These standards function to balance the need to preserve natural habitat, prevent erosion,
provide for aesthetic and functional landscaping, and to facilitate access to manmade
structures by firefighters in the event of a wildfire.
A. Requirements for Subdivisions, Performance Standards Developments, Site Design Review
or Partitions.
Not applicable
B. Requirements for Construction of All Buildings and Decks.
1. Applicability. A "fuel modification area" is defined as an area either natural or manmade,
where material capable of allowing a fire to spread unchecked has been treated, cleared or
modified to slow the rate and intensity of an advancing wildfire and to create an area for fire
suppression operations. Establishment of a fuel modification area does not involve stripping
the ground of all native vegetation. A fuel modification area shall be required for the
following construction:
A Wildfire Prevention and Control plan has been provided with this application, please see
sheet L 1.1. This sheet in conjunction with the requirement shall serve as the specifications
and proposal for compliance. Please refer to architectural plans for appropriate building
specifications to this ordinance requirement.
Per QRSC R327.4 Wildfire Hazard Mitigation requirements, Exterior patios and porch ceilings,
floor projections (N/A), Enclosed roof eaves, soffits will comply with requirements for
noncombustible material or ignition resistant materials or with 1 layer of S/S" Type X exterior
gypboard. The deck proposed in this application is higher than 12 ft above grade —thus
exempt from these requirements.
Please refer to the City of Ashland Wildfire Mitigation Plan Submittal Form submitted in this
application for intended materials to meet compliance. The applicant requests a deferred
submittal for exact specifications. The following excerpts from ALUO chapter 18.3.10.100 is
provided as reference and specifications for compliance.
a. Ali new buildings located on a vacant lot, that increase lot coverage by 200 square feet or
greater, shall have a General Fuel Modification Area covering the full extent of the property.
The applicable fire prevention measures as outlined on Sheet L1.1 shall apply.
b. Decks, additions to existing buildings, and detached accessory structures which increase lot
coverage by 200 square feet or greater, shall have a General Fuel Modification Area extending
30 feet from the furthest extent of the addition, deck, or accessory structure, or to the property
line, whichever is less.
480 SF of deck is proposed in'the application. The applicable fire prevention measures as
outlined on Sheet L1.1 shall apply to the 30 foot requirement beyond the footprint of the
deck.
2. General Fuel Modification Area Standards. To reduce fire spread both from and to
structures on the property, and to adjoining properties, the establishment and maintenance
of a fuel modification area requires the following:
a. All standing dead and dying vegetation shall be removed from the property, except when
considered ecologically beneficial.
b. Newly planted vegetation within 30 feet of any building or deck shall not include species
listed on the City's Prohibited Flammable Plant List. This setback distance shall be increased by
ten feet for each ten percent increase in the average slope of the property over ten percent.
c. Within five feet of a new building, addition, or deck, existing vegetation listed on the City's
Prohibited Flammable Plant List shall be removed, with the exceptions of significant trees as
defined in part 18.6.
d. Within five feet of a new building, addition, or deck, combustible manmade and natural
materials are prohibited, including but not limited to bark mulch, stored wood, and
accumulation of dry leaves and needles, except when permitted as follows;
i. Combustible materials may be permitted within five feet of a structure when the Staff
Advisor, in consultation with the Fire Code Official, has determined the portion of the
structure adjoining the combustible material is constructed with ignition -resistant
building materials sufficient to reduce the spread of fire from the combustible materials.
e. Existing trees which are identified on the City's Prohibited Flammable Plant List shall be
maintained to provide a clearance from new structures and additions, as follows:
i. Ten feet horizontal clearance from a chimney outlet. At no time shall tree crowns or
limbs extend into the vertical plane of a chimney outlet.
ii. Ten feet above the roof of a new building or addition.
iii. Ten feet from the furthest extension of a new building or addition or deck.
iv. In circumstances where pruning a tree to meet the clearance from structures
requirements of subsections 18.3.10.100.B.2.e.i-iii would compromise the health and
survival of existing trees, the Staff Advisor may modify those requirements, but at a
minimum the trees shall be pruned to maintain a ground clearance consistent with
subsection 18.3.10.100.B.2.i.
f. Canopy spacing of the outermost limbs of trees on the City's Prohibited Flammable Plant List
shall be separated by at least ten feet at mature size.
L Groups of trees in immediate proximity to each other may be considered as one tree
canopy when approved by the Staff Advisor in consultation with the Fire Code Official.
ii. Canopy spacing requirements do not apply to significant trees, as defined in
part 18.6, or trees that are not listed on the City's Prohibited Flammable Plant List.
g. Fire resistant trees, those not listed on the City's Prohibited Flammable Plant List, shall be
maintained to provide clearance from structures as follows:
L Ten feet horizontal clearance from a chimney outlet. At no time shall tree crowns or
limbs extend into the vertical plane of a chimney outlet.
ii. Tree limbs shall be pruned to ensure they do not touch any part of a structure
including but not limited to roofs, eaves, and decks.
h. Existing trees which are identified on the City's Prohibited Flammable Plant List shall be
pruned to provide a ground clearance of a minimum eight feet above the ground, or one-third
of the tree height, whichever is less.
i. Existing shrubs which are identified on the City's Prohibited Flammable Plant List shall be
maintained to provide a clearance from new structures and other flammable vegetation as
follows:
i. Five feet clearance from the furthest extension of a new building, addition or deck.
ii. Separation from other listed flammable shrubs within the General Fuel Modification
Area shall be a minimum of two times the shrub's height at maturity.
j. Newly planted shrubs which are identified on the City's Prohibited Flammable Plant List shall
be:
i. A minimum of 30 feet from the furthest extension of any building, addition or deck.
ii. Separated from other listed flammable shrubs by a minimum of two times the
shrub's height at maturity.
iii. Located outside of the drip line of a tree which is listed on the City's Prohibited
Flammable Plant List.
k. The vertical clearance between the top of understory vegetation within the drip line of a
tree and the lowest tree limbs shall be at least three times the height of vegetation where
either the tree or vegetation is listed on the City's Prohibited Flammable Plant List.
I. Where necessary for erosion control, slope stability, riparian and wetland preservation and
enhancement, performing functions considered beneficial in water resource protection, or
aesthetic purposes, existing vegetation may be allowed to be retained consistent with an
approved Fire Prevention and Control Plan, or upon written approval of the Staff Advisor in
consultation with the Fire Code Official.
m. Fuel modification 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 section 18.3.11.110.
n. The General Fuel Modification Area standards outlined in subsection 18.3.10.100.B.2 may be
reduced or waived when approved by the Staff Advisor in consultation with the Fire Code
Official, provided it is demonstrated that the fire risk has been reasonably reduced such as in
cases where ignition -resistant materials and construction methods, or vegetation type and
separation, function to enhance the structure's protection from exterior wildfire exposure.
3. Roofing. Where 50 percent or more of a structure's roof area is replaced within a five-year
period, the roof covering shall be constructed or reroofed with a Class B or better roof
covering.
4. Fencing. Where fencing is attached to a building or deck, the fencing shall be made of
noncombustible materials within five feet of the connection to the structure in compliance
with the requirements in section 18.4.4.060.
C. Implementation.
1. For lands required to comply with subsection 18.3.10.100.A that have been partitioned,
subdivided or received Site Design Review, all requirements of the Fire Prevention and Control
Plan shall be complied with prior to bringing combustible materials onto the property.
2. The Fire Prevention and Control Plan must be implemented during installation of public or
private utilities and site improvements required of a subdivision, partition, Site Design Review
or Performance Standards development, and shall be considered part of the applicant's
obligations for land development.
a. The plan shall be implemented prior to final plat approval for lots created by
partitions and for subdivisions or Performance Standards developments not requiring
public improvements. The Fire Code Official, or designee, shall inspect and approve the
implementation of the Fire Prevention and Control Plan and provide written notice to
the Staff Advisor that the plan was completed as approved by the hearing authority, or
as amended in accordance with subsection 18.3.10.100.D.
b. Final inspection of requisite fuel modification areas will be conducted prior to
bringing combustible materials onto the property to verify compliance with the fuel
reduction standards set forth in subsection 18.3.10.100.6.
3. For construction of buildings and decks requiring a General Fuel Modification Area, the
establishment of the fuel modification area provided for in subsection 18.3.10.100.6 shall be
completed before bringing combustible materials onto the property. Upon completion of the
construction, all General Fuel Modification Area tree and shrub clearance standards shall be
verified. The property owner, or subsequent property owners, shall be responsible for
maintaining the property in accord with the General Fuel Modification Area standards as
defined in subsection 18.3.10.100.6.2.
18.3.10.110 Development Standards for Severe Constraint Lands
This project falls under the severe constraint category. The project has been designed to
minimize disturbance and maximize slope and site stability.
A. Severe Constraint Lands are extremely sensitive to development, grading, filling, or
vegetation removal and, whenever possible, alternative development should be
considered.
B. Development of floodways is not permitted except for bridges and road crossings. Such
crossings shall be designed to pass the 100 -year flood without raising the upstream flood
height more than six inches.
C. Development on lands greater than 35 percent slope shall meet all requirements of
section 18.3.10.090 Development Standards for Hillside Lands in addition to the
requirements of this section.
D. Development of land or approval for a planning action shall be allowed only when the
following study has been accomplished. An engineering geologic study approved by the
Public Works Director and Planning Director establishes that the site is stable for the
proposed use and development. The study shall include the following information.
1. Index map.
2. Project description to include location, topography, drainage, vegetation, discussion of
previous work and discussion of field exploration methods.
3. Site geology, based on a surficial survey, to include site geologic maps, description of
bedrock and surficial materials, including artificial fill, locations of any faults, folds, etc., and
structural data including bedding, jointing and shear zones, soil depth, and soil structure.
4. Discussion of any off-site geologic conditions that may pose a potential hazard to the
site, or that may be affected by on-site development.
5. Suitability of site for proposed development from a geologic standpoint.
6. Specific recommendations for cut slope stability, seepage and drainage control, or other
design criteria to mitigate geologic hazards.
7. If deemed necessary by the engineer or geologist to establish whether an area to be
affected by the proposed development is stable, additional studies and supportive data
shall include cross-sections showing subsurface structure, graphic logs with subsurface
exploration, results of laboratory test and references.
8. Signature and registration number of the engineer and/or geologist.
9. Additional information or analyses as necessary to evaluate the site.
Proposed development on the severe constraint land is compliant with this section by
providing a geotechnical study dated Sep 23, 2023 by Applied Geotechnical Engineering.
PARKING, ACCESS, AND CIRCULATION
18.4.3.080 Vehicle Area Design
A. Parking Location.
The two parking spaces for this home are adjacent to the front entry, which is in the technical
rear of the lot.
B. Parking Area Design.
The two adjacent spaces are 10 by 20 feet each, and back up into the driveway access as a
turn around and/or exit.
D. Driveways and Turn -Around Design. Driveways and turn -grounds providing access to
parking areas shall conform to the following provisions.
18.4.5.030 Tree Protection
A. Tree Protection Plan. A tree protection plan shall be approved by the Staff Advisor
concurrent with applications for Type 1, Type II, and Type Il[ planning actions. If tree removal is
proposed, a Tree Removal Permit pursuant to chapter 18.5.7 may be required.
B. Tree Protection Plan Submission Requirements. In order to obtain approval of a tree
protection plan, an applicant shall submit a plan to the City, which clearly depicts all trees to be
preserved and/or removed on the site. The plan must be drawn to scale and include the
following:
These measures have been identified in this submittal. Please refer to graphic response
Sheet L 1.1
C. Tree Protection Measures Required.
These measures have been identified in this submittal. Please refer to graphic response
Sheet L 1.1
D. Inspection. A tree protect removal plan shall be requested prior to commencing with any
work other than the installation of the erosion control measure.
Chapter 18.4.8
SOLAR ACCESS
The project is designed to conform to solar setback A to the best extent feasible and does not
meet all the required standards for this category and is therefore submitting for an exception
to the standard.
All other portions of roof and structure comply with the exception of the following (refer to
site plan)
Height of roof
34'— 2"
Type, slope of roof 1:2 slope
Setback standard Table A
Setback required per standard
(2262.17 (-) 2228) = 34.17' (-)6'/ (.45) = 62'-$" SSB REQUIRED
(2261.17 (-) 2232) = X9.17' (-)6'/ (.45) = 61'-6" SSB REQUIRED
(2256.08 () 2242) =14.08' (-)6'/ (.45) =18'-0"" SSB REQUIRED
**AVG. 150' SLOPE TO NORTH IS (2250.50'2149.75'= -.75') (2212'=+1') (.75'
(f).2'/2=. 625'/150'
(+.004 slope)
**AVG NOR TH/SOUi H LOT DIMENSION + 100'
[.445+(+.004) =.45]
FORMULA 1 (30'/45) = 66.60' (1F<100' = STD 'A' (-6)
18.4.8.020.C. Solar Setback Exceptions
1. Solar Setback Exception. The approval authority through a Type I review pursuant to section
18.5.1.050 may approve exceptions to the standards in 18.4.8.030 Solar Setbacks if the
requirements in subsection a, below, are met and the circumstances in subsection b, below, are
found to exist.
a.That the owner or owners of all property to be shaded sign, and record with the County Clerk
on the affected properties' deed, a release form supplied by the City containing all of the
following information.
L The signatures of all owners or registered leaseholders holding an interest in the
property in question.
ii. A statement that the waiver applies only to the specific building or buildings to
which the waiver is granted.
iii. A statement that the solar access guaranteed by this section is waived for
that particular structure and the City is held harmless for any damages
resulting from the waiver.
iv. A description and drawing of the shading which would occur
b. The approval authority finds all of the following criteria are met.
The exception does not preclude the reasonable use of solar energy (i.e., passive
and active solar energy systems) on the site by future habitable buildings.
The location of the proposed residence on this site is in the only 'natural meadow' of the lot
therefore allowing the greatest potential for solar energy systems possible with the least
amount of tree disturbance.
The exception does not diminish any substantial solar access which benefits
passive or active solar energy system used by a habitable structure on an
adjacent lot.
The area shaded on the Architectural Site Plan demonstrates shadow encroachment on the
adjacent lot. This shaded area is within a dense grove of healthy shade trees (up to 30 feet in
height). Additionally, the adjacent lot has more suitable building slopes and ease of
development on other areas of the property and so the shaded area is an unlikely location for
future development.
iii. There are unique or unusual circumstances that apply to this site which do not
typically apply elsewhere.
a) This parcel created in 1966 would not be approved for development under
current standards in the ALUO due to the fact that it does not have a buildable
area <35% slope.
b) There are many competing and conflicting codes for a viable development
including steepness of drive, proportion of lot disturbance, lot coverage, tree
removal and solar access.
c) Solar access does not take into account the steepness of east and west slope.
This steepness precludes efficient, cost effective development compared to
more efficient and ecological strategies with grading and development on
consistent site topography (along contours in the north and south direction).
d) A reasonable footprint of 1205 SF, with only a 2 room depth in the structure —
we have created the smallest viable structure in compliance with hillside
development, any rotation, or reconfiguration of a reasonable residential floor
plan would create a larger disturbance of the existing hillside.
e) When this lot was created in 1965, its Access was made to be from Thornton
Way through an access easement to this lot which necessitates the residence
be accessed at a higher finished floor height. All other lots abutting Prim
Street are accessed from Prim Street which creates a substantial amount of lot
disturbance in retaining walls for driveways.
18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria
This flag drive is an access easement owned by each adjacent land owner with cross
easements in place for all lots to access their properties. The development of this lot will be
the second property accessed off this flag.
The existing access easement is 20 feet wide and is currently unpaved. Regulation for a drive
of this length (250 feet) is a 15 foot wide paved surface. This easement is full of trees on both
the uphill and downhill side of the easement and to protect those trees to the greatest extent
possible we are requesting a exception of to make gravel the final driving surface other than
the curb cut on Thornton Drive to protect the trees and minimize runoff. This 15 foot wide
drive is shown in the drawing set and the grading and tree preservation issues are best
exemplified by the tree preservation plan and the grading plan. At the sharp turn in the drive
the drive has been widened to the greatest extent possible, this is constrained by the actual
easement boundaries. The drive does not exceed 15% slope in any portion of sits length. The
gravel driving surface will assist in maintaining current drainage patterns on the site.
Chapter 18.5.7
TREE REMOVAL PERMITS
A. General Submission Requirements.
There are a total of 23 trees proposed for removal on this property. 13 of the trees proposed
for removal lie within the excavation and development of the proposed driveway and/or
homesite footprint. 10 trees are identified for removal to comply with wildfire guidelines as
their removal separates canopies into distinct zones. Tree removal will most likely occur in
March 2024. The project was designed to preserve the greatest number of trees possible.
There are no trees proposed as mitigation, the site already sits within an over forested area.
A11 trees slated for removal are tagged with orange survey tape, and all trees on the site are
tagged and numbered with aluminum arborist tags. Please see graphic response Sheets L 1.2
Tree Protection and Removal Plan which identifies trees to be removed.
18.5.7.040 Approval Criteria
B. Tree Removal Permit.
All trees proposed for removal are to allow for consistency with the development
standards. Removal of these trees will have not effect the stability of the site as their
locations will be integrated into the site development construction for this project which
in itself will define an upgraded site stability and erosion control. Surface waters will not
be greatly disturbed by the placement of the home and driveway, the improvements are
all at the bottom of the site. the density and species diversity within 200 feet of the site is
predominantly scrub oak, ponderosa pine and incense cedar, the surrounding area is if
anything overly forested. This project will not greatly affect canopy density or diversity,
and will instead add to both.
18.5.7.050 Mitigation Required
A. Replanting On Site.
There is no room on this property far mitigation planting of new trees. 10 of the trees
removed are to comply with Wildfire Safety so of the 23 trees being removed 13 would
require mitigation
D. Mitigation Plan.
The city of Ashland will have to determine an appropriate off site location for the mitigation
trees, and/or invoice the landowner for payment in lieu of planting.
CITY Of
-ASHLAND
Granter:
Property Owner: Adleen Thornton
Property Owners Address: 490 & 466 Thornton Way
Grantee:
Property Owner: Tania and Bradley Tong
Property Owners Address: 464 Thornton St.
After Recording Return To:
City of Ashland
City Recorders Office
2€1 Bast Main Street, Ashland, OR 97520
Unless a change is requested all taxes shalt be sent to:
Grantor
AGREEMENT - SOLAR ACCESS WAIVER
Planning Action # PRE -2023-00393
Address of Property Requesting Solar Waiver. 464 Thorton Way
Tax Lot # of Property Requesting Solar Waiver: 39 -E1 -05 -CA TL 602
Address of Property Agreeing to Solar Waiver, 466 Thorton Way
Legal Description of Property Agreeing to Solar Waiver; (see Exhibit A)
For County Use
The undersigned, for themselves, their heirs, successors and assigns, consent to permit obstruction of their solar access
rights described in Chapter 18.4.8 of the Ashland Municipal Codeon that portion of property in Township 39, mange 1 East,
Section 39 -EI -05 -CA Tax Lot # 605), further described by legal description in the attached Exhibit "A"
The undersigned certify and agree to the following:
1. This agreement shall be binding upon their heirs, successors and assigns and shall run with the land.
2. The undersigned are the owners of the property described on Exhibit "A"_
3. This waiver applies only to the specific building(s) noted in the attached Exhibit "B"; and to the shadow(s) cast by
such building(s) As noted in Exhibit "B".
4. the solar access rights described in Chapter 18.70 of the Ashland Municipal Code are waived only for that
buildable space shown on Exhibit "B" and the City of Ashland is indemnified and shall be held harmless for any
damages resulting to any person or property resulting from this waiver.
5. The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is
acknowledged by the undersigned:.
Property Owner(s) Agreeing to Solar Waiver; Adleen Thornton
Signature Gated-'�A
State of Oregon )
County of Jackson
On this,_ clay oZ Kk� 20 L--!Sbefore me personally
to be the parson(s) whose name(s) is (are) subscribed
OFFICLALVAMP
NWA VASUEVABOUM Nt
*my COMMS" DPM WNUM K 2W
NOTARY PUBLIC - OREGON
C,0MMW10t4 NOi 10425=
Approved by City of Ashland Planning Staff
t to me on the basis of satisfactory evidence
that he (she) (they) executed the same.
k k - Lo - �
Commission Expiration Date
Date
SCIR' W Y2, I V2ii2023
CA / 60(
iCA 1604 "391 �-05CA 1-602
11
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CITY OF
-ASHLAND
Exhibit A
Lot 3. Block 1, Thomton. Subdivision, in the City of Ashland, Jackson County Oregon, according
to the official plat thereof
Exhibit B
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.Pplied
E�eotechnical
gnrn
Tania Tong
Prim 'Street
Ashland, OR
SUBJECT: Geotechnical
Tax Lot 602,
Ashland, Oro
At your request, Applied Geote
completed a geotechnical inves_
family home to lie located on T
Location of the site is shown on
geotechnical recommendations
control. Our work included a i
property and vicinity, a ground -
analyses. Our report describes
proposed new home,
Septc-tuber 23, 2Q23
Ligation and Geologic Hazard Study
Street
ucal.Engineering .and Ge ogle Consulting LLC (A.GEGC) has
ition and geologic hazard study f'or your proposed new single -
Lot 602 on Prim. Street in Ashland, Oregon, The approxiinate
gore 1, the Vicinity Map. The intent of our work is to .provide
design and construction of the new home, including erosion
iew of available geotechnical and geologic information for the
'CI reconnaissance of the property and vicinity,. and engineering
work accomplished and provides our recommendations For the
We understand the home will be a single-family, wood -frame structure. The home will not have a
basement. We anticipate that the, r4jority.of the home will be constructed with. a crawlspace; possibly
including a structural floor for the garage. Retaining walls will be regtiured along the uphill side of
the borne to retain cut areas fromxcavation of the home's building pad,
A licensed geotechnieal.engineer',and geologist provided by AGEGC completed a Bite visit to the
property on September 9, 2023. The site slopes moderately down to the east.. The downhill edge of
the let along Prin Street has been graded with significant cut. Groundwater seepage was not observed
on the lot, the surficial soils appeax to be .relatively dry. The site is wooded.:
Geologic maps of the area indicate the site is underlain by granite. Granite rock is exposed in the
Prim Street cut with varying degrees. of weathering, local :zones of very hard,. slightly weathered
granite were observed in the cut Slope. Given the steepness of the lot, we anticipate. that hard rock
occurs at relatively shallow depths
There are no mapped active faults in the area of the site. Native slopes in the vicinity of the proposed
home site are relatively uniform atd no indications of deep-seated slope failures were observed.
1314B Center Drive; No. 452, Medford, Oregon 9'750]
(541.) 226-6.658
CONCLUSIONS AND RECI
In our opinion,. the lot is suitable
.main geotechnical and geologic c
slopes, the potential for shallow h
seasonal perched groundwater.. If
are followed, in our opinion, then
due to the fill. Recommendations.
below,
Lot Development
I ) Given the steepness
supported with retain.
thar11 1.5H:1V.. Temp
be excavated at a slof
be removed from the.
5866-23 Prim street.
►MMENDATIONS
For development with the proposed single-family residence. The
>nsiderations for development of the lot are the moderately steep
rd rock (requi-ring rock excavation methods), and. the potential for
liegeotechnical recommendations for development of the property
is no significant risk of slope instability on t e lot or :settlement
for developmen. tand erosion control of the property are provided
'the lot, we recommend that: all -ill placed tin existing slopes be,
Ig walls. Final graded cut slopes on. the lot should. be no steeper
'ary cut slopes up to 15 ft high completed during dry weather may
of 0.5H:1V.. We recommend that.t e Mai ority ofexeavated.spoil.
2) Relatively hard ;granite rook incurs at shallow depths trader. the site. It is relatively
expensive to: excavate hard rock. To reduce the risk of encountering expensive rock
excavation, cuts across the site for the home and the access drive should be minimized
where.possil7le,
3) Structural :fill tinder buildings and concrete flatwork should consist of imported crushed
room (such as'/-in.-m)nus crushed rock) compacted to at least 95% of the maximum dry
density as defermznedby ASl'NM D 598. Prior to placeanenfi of any fill, the ground surface
iii the fill:area shouldbe stripped of organics, dry soil., and existing fill. The strippings.
are not suitable for use as compacted fill and should be removed from the lot. Slopes to
receive fall should be benched with relatively flat areas during fill placement. The
benches should be a Minimum of 12: ft wide.
4) The on-site decomposed granite soil (without deleterious material) may be used as
structural fill for driveways if properly moisture conditioned and compacted; However,
it is typically not practical to use the on-site. materials as structural fill during periods of
wet weather. Driveway structural fill must be compacted to at least 95% of the maximum
dry density as. determined by ASTM D 698, at a moisture content within 3 % of optimum.
The ground surface within all areas to receive fill should be stripped of surficial organics
prior to placement of the fill..
5) .Subsurface (French) drains may be required in the toe of fills, depending on the depth of
the Ml arid. location oil tlae property, The location of the drains should be determ ned by
the geotechnical engineer during construction. The drains°should consist of a petforated
PVC drainpipe placed in clean, angular drain rink, The draiaipipe and. crushed rock
should be wrapped in a noxa -woven geotext le (minimum weight of.6 oz.)
6) Structural loads may be supported on continuous spread footing foundations founded oil
stiff native, undisturbed silty sand soils or on minor structural fill over undisturbed native
soils.. We recommeri' that pad foundations not be used for support of the residence;
Where practical, continuous spread footing foundations should be, oriented perpendioular
to the slope (oriented east -west): Foundation excavations should be completed us ng a
5856-23 Prim Street
backhoe or trackhoe ;equipped with a smooth -lip bucket. The downhill edge of any
:Foundation roust be set back an equivalent horizontal distance of at least 10. fl From the
Face of any slope. This setback may be obtained by embedding the foundation below
grades. On a 2H lVslope, the downhill edge of a foundation must be embedded 5 f
below grade to obtain the recommended slope setback, Spread footing foundations may
be designed for an allowable soil bearing pressurc.of Lw to 2,000 psi.. This allowable
soil bearing pressure assumes all footings will be founded as recommended in this report.
The minimum width of any footing should not be less than 12 in., and footings should
be established a minimum of 18 in; below the lowest adjacent exterior grade.
7) The site should be graded to provide positive drainage away from footings and exterior.
walls. Subsurface drains (foundation drains) should be provided adjacent to. all exterior
foundations,
8) Spread footing foundations should be underlain by a minimmn of 4 in. of compacted 3/a,
in. -minus, compacted.crushed rock on the foundation subgrade to protect the subgrade
from disturbance 60Q construction. The thickness of the crushed rock may need to ire:
increased during wet weather construction. The crushed rock should be compacted with
several passes with a smooth -plate vibratorycompactor:
9) Concrete slab -on -grade floors should be underlain by a minimum of 9 in. of 1/4n. -minus
imported crushed rock. We recommend installation of a moisture retarding membrane
under`concrete slabs to minimize wicking of moisture up through the slab. Iftkgarage
Moor slab will_be located below adjacent exterior grades, to reduce the risk of hydrostatic
pressure on; the underside of the slab, we recommend drainpipes be installed in the
aggregate base for the'slab on about 10 ft center to center spacing. The drainpipes should
be hard -piped to drain away from the home,
10) We anticipate that retaining walls may be. constructed.aspart of the home and will be
constructed across the site including as part of the access driveway. Rigid (such as
concrete cantilevered. walls) retaining. wall. foundations should have. the. same. slope
setback requirements; as .the house foundations: MSE walls (which are 'relatively
flexible) can have a minimum embedment below grades .as required by the design for
the wall's stability if settlement is not a significant concern. The following embedded
wall design recommendations 'assume that the wall backfill consists of clean granular
;material (sand or crushed rock) within at least 2 ft of the'wall, the backfill is compacted
to. 90. to 95/0 of ASTM D 698, the backfill is level within 10 it of .the wall, and the
embedded wall is fully drained, i.e., hydrostatic pressure cannot act on. the wall. Walls
that are allowed to yield by tilting about their base (cantilevered retaining and MSE walls
are typically considered yielding) should be designed using a Lateral earth pressure based
on an equivalent fluid ;Having a unit weight of 35 pc£ We further .recon n end that
hotizontal earth pressures. due to surcharge .loads be taken as an additional uniform
horizontal pressure (rcetangular pressure diagram) of 0.5 times the intensity of the
.surcharge load acting over the entire height of the wall.
Horizontal shear forces can be resisted partially or completely by frictional forces
developed. betweenthe Base of spread Fbottngs andthe underlying soil and by pamive
soil resistance. The total. frictional. resistance. between the footing and thesail is :tlie
3
586&23 Prim Street
normal force tics the coefficient of friction between the soil and the base of the footing,
We recommend an
is the sum of the ve
11) We estimate that rel
our opinion, seismic
material.
12) A: qualified gee
compaction, and
construction of tl
Mechanically Stabilized
Mechanically stabilized earth,
ate value of 0.4 for the coefficient of ffiction} the normal force
forces (dead load plus real live load).
hard rock occurs at a depth of less than 10 ft at the site. In
for the new home can be completed based on a Site Class B
1 engineer should evaluate structural rill placement and
the foundation excavations and evaluate the subgrade prior to
(MSE) Retaining Walls
retaining: walls may be used along the driveway cut and hill
slopes, and uphill of the homes to provide
with several closely placed walls lin a set..
and a fac'lug to retain the till. We `anticipat
will consist of imported crushed ;rock fill
internal friction of 35° quid a dry unit weigh
soils should trot be used for wall coristructio
dry density as determined by ASI
In ureas where the MSE walls
D 698,
level areas. In Ashland, MSE wallas are typically tiered
MSE walls typically include compacted (structural)-fill
e that the structural. fill for construction of the MSE walls
(3%crus
'lied c�hed rock). with a mni wnu angle of
t of between 120 and 140 pcF Silty decomposed unite
n.. The backfill should be compacted to about 95% of the
up to 4 f _high and are located against competent native
(undisturbed) decomposed granite; the wall backfill can consist of angular drain rock.(1/a-to-3/a in. in
size). capped with'3/4-itis-minus crushed rock. Geogdds will not. be required,.
For MSE walls supporting significant fills, the walls. will require geogrid placed in %-in.minus
crushed rock fill with the geogrids extending back from the face a Linimimum distance equal to 75%o.
of the total wall height. The total wall height for design purposes should be measured Lin the toe
of the wall to the top of the highest; wall in. the tiered set. The MSE wall reinforcement should consist
of Miragfid 2XT geogrd (or equivalent) installed -with the higher strength perpendicular to. the face
of the wall. For 8-in.»high block facing, the l eogrid should be installed every third block'from the
bottom of wall.
The blocks -should be underlain bya. inininium of 6 in.. of compacted 3/4 -in. -Minus crushed rock placed
as structural fill. A minirnuin of two blocks should be embedded below final. grades. The toe of each
wall should be embedded. at a depth to provide a horizontal distance no less than 6 ft .from the face of
tlie.slope.
A 12 -in. -wide drainage layer should be installed behind the lower 2.5 fl of each MSE wall. The
remainder of the backfill should consist of -/44h.-minus crushed rock: Where the drain rock is
adjacent to the native silty sand soils, :a non -woven geotextile (5 .oz riiriimurn Weight) must be placed
to separate tho soils from the drain rock to prevent erosion oftle soil into the rock, A 4-in.-darrieter
perforated drain should be placed* the bottom of the drain rock section acid connected to the storm
water system..
Erosion control
The intent of the erosion control
be aworaplished by decreasing
coverings or cl►eckdms; holdir
practical; and by directing surfa(
1) We nticipste thata. por
proposed structures, drh
vegetation is disturbed or
{decomposed granitic k
Mulch consisting of either
in areas where landscapi
mulch should be applied
other drains should be col
5866-23 Pim. Street
.anis to decrease erosion and off-site migration of sails. This can
irface water runoff by means of vegetation; hay .bales and rock
the sail in. place by establishing a vegetation cover as soon as
water flow away from areas disturbed by construction activities.
in of the property will be disturbed during construction of the
Nay, and site grading. Landscape areas on the lot where. the
;moved should be rev egetated. as soon aspractical. The silty sand
3) is easily eroded when. disturbed by construction activities.
Craw, wood cellulose fiber or other similar materials can be placed
;,will. not be established prior to September 15.: If required, the
a rate of approximately 2;00 pounds per sere. Downspouts and
.ected (hard -piped) to the storm water system as soon as practical.
2) During construction (prior to paving of the driveway), the driveway should be graded with a
minimurn of 12 in. of crushed rock for a minimum distance of 30 ft from the access point to
the lot. Periodic cleaning of the surface of the rock will be required as it becomes
contaminated with soils from site work and. construction traffic. The rate of the 'required
cleanings will be significantly greater during wet heather cQ. tr€�ction.
3) We. recommend all exposed soil areas (all graded areas) be graded such that surface water
upslope of the disturbed area is directed away from the exposed soil. Any surface water flow
on the exposed soil should move as sheet flow rather than concentrated flow. This may
include construction of a ;ditch. above both home sites to direct sheet flows away °from the
home sites.
4) Runoff ftom the disturbed. portion .of the. site may contain some soil Material. To further
xeduce the risk. of sediment leaving the site during periods of wet weather (typically winter
and spring: months), small settling basins can be installed at the start of the wet season below
the site at discharge end of graded areas, ditches, and Swale areas. Straw bales should be
staked along the downhill edge. of the settling basin, Water can be discharged from. the
settling basin rising 4 -in. -diameter flex pipe. The settling basins should be installed no later
than September 30.
5) Straw bales or silt fencing should be installed along the downhill edge of. the proposed
construction. The silt fence should be embedded at least 4 in.. into the ground and should be
staked in place. The straw bales should be placed end-to-end and stared in place.to prevent
separation betweenthebales. The silt fence and straw bales shouldbe placed to direct surface
water runoff from the site Towards the settlement basins.
6) During construction and prior to establishment of the site landscaping, the erosion control
measures Must be monrtcsred and will require periodic maintenance. Maintenance may
include removal of sedit#ent from upslope of 'the straw bales or silt fence, removal of
sediment from the settlement basins, and theplacement of additionalstraw bales or sediment
fence. The amount.of regldred maintenance of the erosion control measures will decrease
sigjnficantly as the landscaping becomes established -
5
7) The project geotechnical i
• :during construction, inclu
LIMITATIONS
5856-23 Prim Street
eer should evaluate the erosion control measures periodically
on about September 30 and after storm events.
Tliis report has been prepared to aid the owner's design team'in the design and consti-nction of the
proposed improvements ort the referenced building lot, .The scope is lix,�.ited to the specific proj ea
and location described herein, and our description of the project represents our -understanding of the
significant aspects of the project relevant to the design and construction of the. improvements.
The conclusions and recommendations submitted in this report are based on the information
described above. It should be understood that variations in subsurface conditions may be present. if
subsurface conditions different (than those described in this report are encowntered during
construction, AGEGC should be notified to evaluate and change our recommendations as needed.
We have performed these servic
practices in southern Oregon at
expressed or.iplied, are provid
Please contact AGEGC if you
Sincerely,
Applied Geotechnical Engini
Robin L. Wwren, GE, R,G.
Principal
in accordance with generallyaccepted geotechnical.engineering
time the study was accomplished. No other warranties, either
any questions or require additional information.
and Geologic Consulting LLC
Renewal. June 2024
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City of Ashland Building Safety Division
51 Winburn Way • Ashland, OR 97520
Phone (541) 488-5305 • Fax (541) 488-6066
� `jn.. �•� Email: Building pashland.or.us
Wildfire Mitigation Plan Submittal Form
Instructions: Identify in each section how compliance with R327.4 Wildfire Hazard Mitigation
requirements are achieved (Check and fill in information for all that applies).
Roofing (R327.4.3)
Note: There are additional requirements for preventing intrusion of embers and flames in open spaces
between roofing and roof deciding and additional flashing requirements
Rain Gutters (R327.4.3.1)
✓ I Non-combustible rain gutter with non-combustible corrosion -resistant screening
Vents (Flame and Ember -Resistant): Eave, Soffit, Cornice, and Ceiling <12 feet above grade or
surface below (R327.4.4.1)
Vented Roof (vents that are listed and tested by ASTM 1=2886, or Building Official approval)
✓ Unvented Roof (see attachment, all conditions shall be met)
All Other Vents (R327.4.4)
Corrosion -resistant with maximum 118" non-combustible corrosion -resistant metal mesh
Exterior Wall Covering (R327.4.5)
Note: There are additional requirements for how wall coverings terminate. For combustible sidinglwall
covering, fill out the following table or explain how you will achieve requirements:
City of Ashland Building Safety Division
51 Winburn Way • Ashland, OR 97520
Phone (541) 488-5305 • Fax (541) 488-6066
Email: Buildinggashland.or.us
Overhan-ging Pro'ections Roof Eaves Soffits Cornices Patio/Porch Ceilings, or Underfloor
Protection of Elevated Structures (R327.4.6.1.41
Note: Gable end overhangs beyond an ext wall other than at the lower end of rafter tails are exempt.
Walking Surfaces (R327.4.7)
Note: Fill this in for any combustible surface decking material planned. If none, label NIA.
COMPOSITE DECKING I AZEKITMBERTECH
Glazing in Windows, Doors,_SkTights (R327.4.8)
All. dual glazi
Applicant Name
lass
Carlos Delgado
Applicant Signature
Date Feb 1, 2024
block. or a fire resistance rating of not less than 20 min.
a
City of Ashland Building Safety Division
51 Winburn Way • Ashland, OR 97520
Phone (541) 488-5305 • Fax (541) 488-6066
Email: Buildinggashland.orus
Attachment: Unvented Roofs
R806.5 Unvented attic and unvented enclosed rafter assemblies.
Unvented attics and unvented enclosed roof framing assemblies created by ceilings that are applied
directly to the underside of the roof framing members and structural roof sheathing applied directly to the
top of the roof framing members/rafters, shall be permitted where all the conditions are met:
1. The unvented attic space is completely within the building thermal envelope.
2. Interior Class I vapor retarders are not installed on the ceiling side (attic floor) of the unvented attic
assembly or on the ceiling side of the unvented enclosed roof framing assembly.
3. A minimum insulation level of R-20 air -impermeable or rigid board insulation embedded into air -
permeable insulation shall be installed above all recessed fixtures, such as recessed lights and
exhaust fans.
4. Where wood shingles or shakes are used, a minimum %/ inch (6.4mm) vented airspace separates the
shingles or shakes and the roofing underlayment above the structural sheathing.
5. Any air -impermeable insulation shall be a Class 11 vapor retarder, or shall have a Class II vapor
retarder coating or covering in direct contact with the underside of the insulation.
6. Insulation shall comply with Item 6.1, 6.2, or 6.3. Where preformed insulation board is used as the air-
impermeable
irimpermeable insulation layer as specified in the items below, it shall be sealed at the interior perimeter
or each individual sheet to form a continuous layer.
6.1 Where only air -impermeable insulation is provided, it shall be applied in direct contact with the
underside of the structural roof sheathing.
6.2 Where air -permeable insulation is installed directly below the structural sheathing, rigid board or
sheet insulation shall be installed directly above the structural roof sheathing to an insulation level not
less than R-20 for condensation control
6.3 Where both air -impermeable and air -permeable insulation are provided, the air -impermeable
insulation shall be applied in direct contact with the underside of the structural roof sheathing to an
insulation level not less than R-20 and shall be in accordance with the R -values in Table R806.5 for
condensation control. The air -permeable insulation shall be installed directly under the air -
impermeable insulation.
R327.4 Wildfire Hazard Mitigation Construction Guide for Wildfire Hazard Zones
All Vents.
Roofing shall be asphalt, slate,
Underfloor area of elevated
structures shalt be enclosed or meet
ion-co3nbustibie €naterial, ignition -
resistant material, ASTM E2957
compliant, ane layer of ininimum
5/8" exterior grade Type X app tied
behind the exterior covering of the
underside, or i -hour fire resistive
exterior wall assembly.
Exterior windows, windows within
exterior doors, and skylights shall he
temperer) glass, multilayered glazed
panels (typical dual pane}, glass Mock,
or have a minimuln fire-resistant rating
of 20 minutes.
All enclosed roof eaves, soffits, cornices,
exterior patio/porch ceilings and floor
projections less than 12' above grade or
the surface below shall be covered with
either non-combustible material, ignition -
resistant rnatefial, ASTivI E2957 compliant, .
one layer of minimum 5/8" ext, Type X
applled behind the exterior covering, or 1 -
hour fire resistive exterior wail assembly
(Gable end oycrha cgs are excmpt),
Deck, porch, and balcony walking
surfaces greater than 3tl" and less
than 12' above grade or the surface
below shall be constructed of
minimum 2" € o ninal lumber for
decks — 200 sq. ft., non-
combustible, ignition -resistant
conforming to ASTM E84 or UL 723,
exterior fire retardant treated wood,
meets ASTIvt E2M. and ASTM 2726
Criteria, or Meet, ASTM E2632 with
ignition -resistant wall covering.
Wafl covering materials shall be
noncombustible, ignition -resistant,
heavy timber, log wail, or wall
assemblles tested in accordance
with ASTM E2707. Alternatively, one
layer of minimum 5/$" exterior
grade. Type X applied behind the
exterior wall coveting or cladding or
1 -hour fire resistive exterior wall
assernbly. Exterior wail coverin,,
shall extend From the top of the
foundation to the roof, and
terminate at 2" norninai solid wood
blocking between rafters at all roof
overhangs, or in the case of
enclosed eaves or soffits, shall
terminate at the underside of the
enrlosure.
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The comments of thispre-application arepreliminary in nature and subject to change based upon the
submittal of additional or different information. The Planning Commission or City Council are the
final decision making authority of the City, and are not bound by the comments made by tlxe Staff as
part of this pre -application.
ASHLAND PLANNING DEPARTMENT
PRE -APPLICATION CONFERENCE
COMMENT SHEET
November 14, 2023
PLANNING DIVISION COMMENTS:
SITE: 462 Thornton
APPLICANT: Carlo Delgado / Tong
REQUEST: Physical & Environmental
Constraints Review Permit for Hillside
Development w/ exceptions and Solar Waiver
This pre -application conference is intended to highlight significant issues before the applicant prepares
and submits a formal application.
The property located at 462 Thornton is a steeply
sloped lot. With much of the lot is `severely
constrained' (slopes greater than 35%). On the image
to the right (generated by City GIS) the dark magenta
are slopes greater than 35%, and light magenta
showing slopes greater than 25%. The land use
ordinance requires all new construction to happen on
slopes less than 35%, however AMC 18.3.10.090.A. La
allows for "Existing parcels without adequate
buildable area less than or equal to 35 percent shall be
considered buildablefor one unit." Because of
steepness of the property and the presence of slopes
greater than 35% a Physical and Environmental
Constraints Review Permit is required.
In general staff is supportive of such an application provided it can be demonstrated that the Hillside
standards are met or that exceptions have been addressed and justified. In addition to the downhill wall
height staff feels that the application should specifically address the building form / roof shape.
18.3.10.118 Development Standards for Severe Constraint Lands
An engineering geologic study to establish that the site is stable for the proposed use
and development. See AMC 18.3.10.110.D for additional information.
A final application will be required to include:
• An inventory of existing trees and tree protection plan / tree removal plan
• Landscape and irrigation plan
• Grading and Erosion & Sediment control plan
• Detailed narrative regarding the building design vis a via the Hillside Design Standards and
explaining any required exceptions.
462 Thornton /aa
November 14, 2023
Page 1
Zoning: The property is zoned R-1-7.5 which has a maximum lot coverage of 45%. The application
materials indicate a proposed 20% lot coverage.
Note: Front yard setback is measured from the street.
Discussion points:
• Sewer connection to prim? Excavation and related tree removals?
• Storm Drain?
* Tree removals — typically on vacant residential only significant but ME _ <6"
* Are there any proposed retaining walls / steps / pedestrian paths to the lower part of the home?
* Driveway standards and turn around? The easement was not fully developed and there was no
dedicated turn around with the subdivision. At present no input from Fire Dept. (Potential
variance for paving??)
AMC 18.4.3.080.D. Driveways and Turn -Around Design. Driveways and turn -grounds providing
access to parking areas shall conform to the following provisions.
1. A driveway for a single-family dwelling or a duplex shall be a minimum of nine feet in width
except that driveways over 50 feet in length or serving a flag lot shall meet the width and design
requirements of section 18.5.3.060. Accessory residential units are exempt from the
requirements of this subsection.
From AMC 18.5.3.060.D "width of 20 -feet, with a 15 -foot paved driving surface.
From AMC 18.5.3.060.) When required by the Oregon Fire Code, flag drives greater than 150 feet in
length shall provide a turnaround (see Figure 18.4.6.040.6.5). The Staff Advisor, in coordination with
the Fire Code Official, may extend the distance of the turnaround requirement up to a maximum of 250
feet in length as allowed by Oregon Fire Code access exemptions.
5. 69 ° 59' 15" W, 293.6€
462 Thornton /aa
November I4, 2023
Page 2
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462 Thornton /aa
November I4, 2023
Page 2
Building Envelope: The property is very steep with many areas identified as "Severely constrained
land" (slopes greater than 35%). It appears that the proposed building envelope is designed and located
to maximize conservation of trees. An inventory of all trees 6"dbh or greater is required with the
application — the inventory must identify species and approximate extent of tree canopy. The survey
must clearly identify trees to be removed and retained. Because the proposed building encroaches on
lands identified as severely.constrained a Geotech report will be required pursuant to AMC 18.3.10.110.
Building Design:
2. Building Design. To reduce hillside disturbance
through the use of slope responsive design
techniques, buildings on Hillside Lands, excepting
those lands within the designated Historic District,
shall incorporate the following into the building
design and indicate features on required building'
permits: .--' .. 20 foot
-', Orient roofline
with the hillside c2
N IPI!W
a. The height of all structures shall be 35 Max,
measured vertically from the natural feet height 6 foot
grade to the uppermost point of the roof minimum setback
edge or peak, wall, parapet, mansard, or
other feature perpendicular to that grade. Maximum hillside building height shall be 35 feet. See
Figure 18.3.10.090.E.2.a.and Figure 18.3.10.090.E.2.a.ii
b. Cut buildings into hillsides to reduce effective visual bulk.
i. Split pad or stepped footings shall be incorporated into building design to allow the structure to
more closely follow the slope.
il. Reduce building mass by utilizing below grade rooms cut into the natural slope.
c. A building step -back shall be required on all downhill building walls greater than 20 feet in height, as
measured above natural grade. Step -backs shall be a minimum of six feet. Decks projecting out from the
building wall and hillside shall not be considered a building step -back. No vertical walls on the downhill
elevations of new buildings shall exceed a maximum height of 20 feet above natural grade. See
Figure 18.3.10.090.E.2. .
Solar Standards
1. Solar Setback Exception. The approval authority through a Type I review pursuant to section 18.5.1.050 may
approve exceptions to the standards in 18.4.8.030, Solar Setbacks, if the requirements in subsection a, below,
are met and the circumstances in subsection b, below, are found to exist.
a. That the owner or owners of all property to be shaded sign, and record with the County Clerk on the
affected properties' deed, a release form supplied by the City containing all of the following information:
i. The signatures of all owners or leaseholders holding an interest in the property in
- - -
question.
ii. A statement that the waiver applies only to the specific building or buildings to which
the waiver is granted.
iii. A statement that the solar access guaranteed by this section is waived for that particular
structure and the City is held harmless for any damages resulting from the waiver.
iv. A description and drawing of the shading which would occur.
The approval authority finds all of the following criteria are met.
i. The exception does not preclude the reasonable use of solar energy (i.e., passive and
active solar energy systems) on the site by future habitable buildings.
ii. The exception does not diminish any substantial solar access which benefits a passive or
active solar energy system used by a habitable structure on an adjacent lot.
iii. There are unique or unusual circumstances that apply to this site which do not typically apply
elsewhere. (Ord. 3147 § 8, amended, 1112112017)
462 Thornton laa
November 14, 2023
Page 3
Hillside Grading and Stormwater Management
All facilities for the collection of stormwater runoff shall be, to the greatest extent feasible, the
first improvements constructed on the development site. While there is existing storm drain
infrastructure in Ashland Creek Dr. the elevation differential may require that the storrnwater be
diverted to the existing natural drainage system to the south. Stornawater facilities shall be designed,
constructed and maintained in a manner that will avoid erosion on-site and to adjacent and downstream
properties. These shall be designed by a registered engineer or geotechnical expert and approved by the
Public Works Department or Building Official.
Tree Conservation, Protection and Removal.
Additional attention to Tree protection and removal will be required for a successful application.
The submitted plans indicate several trees to be retained that are too close to the building to be properly
protected. A complete inventory of all trees greater than DBH is required, however portions of the lot or
not to be disturbed by development need not be included in the inventory.
All trees indicated on the inventory of existing trees shall also be identified as to their suitability
for conservation. Significant conifer trees having a trunk 18 caliper inches or larger in diameter at breast
height (DBH), and broadleaf trees having a trunk 12 caliper inches or larger in diameter at breast height
(DBH), shall be protected and incorporated into the project design whenever possible.
Tree removal would be considered both in terms of Tree Removal Permit requirements found in
AMC 18.5.7, which regulates the removal of significant trees from the property, and more broadly in
terms of the impacts of tree removal to the hillside lands as part of a Physical & Environmental
Constraints Review Permit, which requires building design and site planning to be planned to preserve
the maximum number of trees possible. A report from an arborist should be provided to address any tree
removal permit request and should respond to the applicable criteria, and any hillside tree removals
should also be addressed in terms of the Hillside Development Standards and by the geotechnical expert.
All planning actions are required to include a tree preservation/protection plan; this is intended to
ensure that trees on and near the property are protected during all site disturbance (including demolition,
construction, driveway/parking installation, staging of materials, etc.). The trees identified to be
preserved during the course of development shall be required to be protected in accordance with the tree
protection standards in AMC 18.3.10.090.D4.
Development Standards for Wildfire Lands AMC 18.3.1.0.1.00
The property is located within the designated Wildfire Lands Overlay. As a result, a Fire
Prevention and Control Plan, prepared at the same scale as the development plans, addressing the
General Fuel Modification Area requirements in AMC 18.3.10.1OO.B is required with the application.
Additionally, any new landscaping proposed is required to meet the General Fuel Modification Area
standards and not include plants listed on the Prohibited Flammable Plant List per Resolution 2018-028.
• All structures on Hillside Lands shall have foundations designed by an engineer or architect with
demonstrable geotechnical design experience. A designer, as defined, shall not complete working
drawings without having foundations designed by an engineer.
Additional items to be addressed in a final planning application: A final planning application should
address the wildfire fuel modification area and tree protection plan, including all proposed tree
removals. The final planning application should address lot coverage including, any proposed walking
paths, patios, and landings associated with the proposed house.
462 Thorriton /aa
November 14, 2023
Page 4
Grading and Erosion Control: A grading plan including the location of all areas of land disturbance,
including cuts, fills, driveways, building sites, and other construction areas is required. The total area of
disturbance, total percentage of project site proposed for disturbance, and maximum depths and heights
of cuts and fill must be included. An erosion control plan must be submitted with the application. The
erosion control measures are required to minimize the solids in run off from disturbed area as required
Exposed cut slopes, such as those for yard areas, greater than seven feet in height are required to be
terraced. Cut faces cannot exceed a maximum height of five feet. Terrace widths shall be a minimum of
three feet to allow for the introduction of vegetation for erosion control. Total cut slopes shall not exceed
a maximum vertical height of 15 feet. The grading plan, erosion control plan and retaining walls must be
designed and stamped by an engineer with experience in geologic hazards evaluation and geotechnical
engineering
Storni Drainage: Storm drainage plan must be submitted with the application. Storm drainage facilities
must direct surface water away from cut faces of fill slopes and be designed to avoid erosion on-site and
to adjacent downstream properties.
Planting and Irrigation Plan: A planting/irrigation plan is required to demonstrate the manner in
which cut slope terraces and fill slopes will be revegetated. The vegetation used for these areas must be
native or species similar in resource value, which will survive, help reduce the visual impact of the
cut/fill slopes and assist in providing long-term slope stabilization.
Tree Inventory & Evaluation: The tree survey must locate all trees greater than six inches d.bh. and
identify the species of each tree and approximate extent of the tree canopy. Trees to be removed and in
areas that will be disturbed must be clearly identified. The name, signature and address of the person
preparing the tree survey must be indicated on the tree survey. The application must also address the
suitability of trees for conservation and demonstrate that the trees to be preserved have been
incorporated into the design. Trees to be removed, unless diseased, dead or a hazard must be replaced.
A tree -replanting plan must be submitted with the application.
Inspection Schedule: An inspection schedule for the geotechnical expert must be submitted with the
application. The project geotechnical expert must provide a final report indicating that the approved
grading, drainage and erosion control measures were installed as per the approved plans and all
scheduled inspections were conducted throughout the project.
A completed application will be required to include a geotechnical study with all of the items listed
in AMC 18.3.10.110.1)
Inspections and Final Report: Prior to the certificate of occupancy for individual structures, the project
geotechnical expert shall provide a final report indicating that the approved grading, drainage, and
erosion control measures were installed as per the approved plans, and that all scheduled inspections, as
per I &.3.10.090.A.4.j were conducted by the project geotechnical expert periodically throughout the
project.
Neighborhood Outreach: Staff always recommends that applicants approach the affected neighbors,
particularly those who are likely to receive notice of an application, in order to make them aware of the
proposal and to try to address any concerns that may arise as early in the process as possible. Notices are
typically sent to neighboring property owners within a 200 -foot radius of the perimeter subject property.
462 Thornton /aa
November 14, 2023
Page 5
Written Findings/Burden of Proof. This pre -application conference is intended to highlight significant
issues of concern to staff and bring them to the applicant's attention prior to their preparing a formal
application submittal. Applicants should be aware that written findings addressing the ordinance and
applicable criteria are required, and are heavily depended on when granting approval for a planning action. In
addition, the required plans are explained in writing below. The burden of proof is on the applicant(s) to
ensure that all applicable criteria are addressed in writing and that all required plans, written findings, and
other materials are submitted even if those items were not discussed in specific, itemized detail during this
initial pre -application conference.
18.3.10.050 Approval Criteria
An application for a Physical Constraints Review Permit is subject to the Type I procedure in section 18.5.1.050
and shall be approved if the proposal meets all of the following criteria.
A. Through the application of the development standards of this chapter, the potential impacts to the property
and nearby areas have been considered, and adverse impacts have been minimized.
B. That the applicant has considered the potential hazards that the development may create and implemented
measures to mitigate the potential hazards caused by the development,
C. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment.
Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning
Commission shall consider the existing development of the surrounding area, and the maximum development
permitted by this ordinance.
18.3.10.090 Development Standards for Hillside Lands
[not all provisions from 18.3.90.090 are listed here individually]
A. General Requirements. The following general requirements shall apply in Hillside Lands.
1. Buildable Area. All development shall occur on lands defined as having buildable area. Slopes greater
than 35 percent shall be considered unbuildable except as allowed below. Exceptions may be granted to this
requirement only as provided in subsection 18.3.10.090.H.
B. Hillside Grading and Erosion Control. All development on lands classified as Hillside shall provide plans
conforming to the following items.
I. All grading, retaining wall design, drainage, and erosion control plans for development on Hillside Lands
shall be designed by a geotechnical expert. All cuts, grading or fills shall conform to the International Building
Code and be consistent with the provisions of this ordinance. Erosion control measures on the development
site shall be required to minimize the solids in runoff from disturbed areas.
2. Timing o�provements. For development other than single family homes on individual lots, all grading,
drainage improvements, or other land disturbances shall only occur from May 1 to October 31. Excavation
shall not occur during the remaining wet months of the year. Erosion control measures shall be installed and
functional by October 31. Up to 30 day modifications to the October 31 date, and 45 day modification to the
May 1 date may be made by the Planning Director, based upon weather conditions and in consultation with
the project geotechnical expert. The modification of dates shall be the minimum necessary, based upon
evidence provided by the applicant, to accomplish the necessary project goals.
18.3.10.110 Development Standards for Severe Constraint Lands
A. Severe Constraint Lands are extremely sensitive to development, grading, filling, or vegetation removal and,
whenever possible, alternative development should be considered.
B. Development of floodways is not permitted except for bridges and road crossings. Such crossings shall be
designed to pass the 100 -year flood without raising the upstream flood height more than six inches.
462 Thornton /aa
November 14, 2023
Page 6
C. Development on lands greater than 35 percent slope shall meet all requirements of section 18.3.10.090
Development Standards for Hillside Lands in addition to the requirements of this section.
D. Development of land or approval for a planning action shall be allowed only when the following study has
been accomplished. An engineering geologic study approved by the Public Works Director and Planning Director
establishes that the site is stable for the proposed use and development. [see code for submittal requirements.]
OTHER DEPARTMENTS' COMMENTS:
BUILDING: No comments at this time. Please contact the Building Division for any building codes -
related questions at 541-488-5305.
CONSERVATION: For more information on available water conservation programs, including any
available appliance rebates or assistance with landscaping and irrigation system requirements, please
contact Water Conservation Specialist Julie Smitherman of Conservation Division at 541-552-2062 or
via e-mail to 'ulie.smitherman ashland.or.us . For information on any financial or technical assistance
available for the construction of Earth Advantage/Energy Star buildings, please contact Conservation
Analyst/Inspector Dan Cunningham at 541-552-2063 or via e-mail to dan.cunninghalu@ashland.or.us
ENGINEERING: Please contact Karl Johnson of the Engineering Division for any Public
Works/Engineering information at 541-552-2415 or via e-mail to karl.johnson@ashland.or.us.
FIRE: Please contact Mark Shay from the Fire Department for any Fire Department -related information
at 541-552-2217 or via e-mail to mark. shay a,ashland.or.us
WATER AND SEWER SERVICE: If the project requires additional water services or upgrades to
existing services the Ashland Water Department will excavate and install in the city right of way all
water services up to and including the meter on domestic and commercial water lines. If a fire line is
required, the water department will also only install a stub out to the location where the double detector
check assembly complete with a Badger brand cubic foot bypass meter should be placed in a vault
external to the building. The vault and the DCDA device housed in it are the responsibility of the
property owner and should be placed at the property line. bees for these installations are paid to the
water department and are based on a time and materials quote to the developer or contractor. Meter sizes
and fire line diameters will need to be provided to the Water Department at the time of a quote being
requested. Please Contact Steve Walker at 541-552-2326 or ( walkers cr,ashland.or.us) with any
questions regarding water utilities.
ELECTRIC SERVICE: "If existing service needs to be upgraded or existing underground service is
not large enough, excavation and conduit may be required from transformer." Please contact Dave
Tygerson in the Electric Department for service requirements and connect fee information at (541) 552-
2389 or via e-mail to tygersod cr,ashland.or.us. Dave will arrange an on-site meeting, and develop a
preliminary electrical service plan for the site. Please allow additional time to accommodate scheduling
of this on-site meeting and preparing the preliminary plan. Submittals will not be deemed complete
without a preliminary approved plan from. the Electric Department
462 Thornton /aa
November 14, 2023
Page 7
APPICATION REQUIREMENTS
Submittal Information.
The application is required to include all of the following information.
a. The information requested on the application form at
http://Www.ashland.or.us/Files/Zoninq°/`20Permit%20APplication.pdf .
b. Plans and exhibits required for the specific approvals sought (see below).
c. A written statement or letter explaining how the application satisfies each and all of the relevant
criteria and standards in sufficient detail (see below).
d. Information demonstrating compliance with all prior decision(s) and conditions of approval for
the subject site, as applicable.
e. The required fee (see below).
The Ashland Land Use Ordinance, which is Chapter 18 of the Municipal Code, is available on-line in its
entirety at: htt s://ashland.munici al.codes/LandUse
Written Statements
Please provide two copies of a written statements explaining how the application meets the approval
criteria from the sections of the Ashland Municipal Code listed below. These written statements provide
the Staff Advisor or Planning Commission with the basis for approval of the application:
o Physical & Environmental Constraints: 18.3.10.050
o Solar Waiver approval criteria: 18.4.8.020.C.b
o Development Standards for Hillside Lands: 18.3,10,090
o Development Standards for Severe Constraint Lands: 18.3,10.110
Plans & Exhibits Required
Please provide two sets of exhibits (plans or drawings) addressing the submittal requirements from the
sections of the Ashland Municipal Code listed below. These exhibits are used to copy the Planning
Commission packets and for notices that are mailed to neighbors. Please provide two copies on paper no
larger than 11 -inches by 17 -inches and reproducible copies that are drawn to a standard architect's or
engineer's scale.
o Physical & Environmental Constraints: 18,3.10.040
o Tree Preservation and Protection: 18.4.5.030, 18.3.10.090.D
PLANNING APPLICATION FEES:
P&E Constraints Permit $1,271.25
Solar Setback Variance $1,271.25
Depending on Type
Variance Type 1 $1,271.25 OR
Variance Type II $2663.25
NOTE: Applications are accepted on a first come -first served basis. All applications received are reviewed and must be found
to be complete before being processed or scheduled at a Planning Commission meeting. Applications will not be accepted
without a complete application form signed by the applicant(s) and property owner(s), all required materials and full payment.
Applications are reviewed for completeness in accordance with OAS 227.178.
For further information,_ please contact: November 14, 2023
Aaron Anderson, Senior Planner- Date
City of Ashland, Department of Community Development
Phone: 541-552-2052 or e-mail: aaron.anderson@ashland.or.us
462 Thomton /aa
November 14, 2023
Page 8
The comments of this pre -application are preliminary in nature and subject to change based upon the
submittal of additional or different information. The Planning Commission or City Council are the
final decision making authority of the City, and are not bound by the comments made by the Staff as
part of this pre -application.
ASHLAND PLANNING DEPARTMENT
PRE -APPLICATION CONFERENCE
COMMENT SHEET
November 14, 2023
SITE: 462 Thornton
APPLICANT: Carlo Delgado I Tong
REQUEST: Physical & Environmental
Constraints Review Permit for Hillside
Development w/ exceptions and Solar Waiver
PLANNING DIVISION COMMENTS:
This pre -application conference is intended to highlight significant issues before the applicant prepares
and submits a formal application.
The property located at 462 Thornton is a steeply
`severely
z
sloped lot. With much of the lot is
constrained' (slopes greater than 35%). On the image
to the right (generated by City GIS) the dark magenta
are slopes greater than 35%, and light magenta
.
showing slopes greater than 25%. The land use
0°'
ordinance requires all new construction to happen on
P
slopes less than 35%, however AMC 18.3.10.090.A.1.a
_ ro
allows for "Existing parcels without adequate
buildable area less than or equal to 35 percent shall he
considered buildable for one unit." Because of
steepness of the property and the presence of slopes
greater than 35% a Physical and Environmental
Constraints Review Permit is required.x
In general staff is supportive of such an application provided it can be demonstrated that the Hillside
standards are met or that exceptions have been addressed and justified. In addition to the downhill wall
height staff feels that the application should specifically address the building form / roof shape.
18.3.10.110 Development Standards for Severe Constraint Lands
An engineering geologic study to establish that the site is stable for the proposed use
and development. See AMC 18.3.10.110.D for additional information.
A final application will be required to include:
• An inventory of existing trees and tree protection plan / tree removal plan
Landscape and irrigation plan
Grading and Erosion & Sediment control plan
Detailed narrative regarding the building design vis a via the Hillside Design Standards and
explaining any required exceptions.
462 'niornton /aa
November 14, 2023
Page I
Zoning: The property is zoned R-1-7.5 which has a maximum lot coverage of 45%. The application
materials indicate a proposed 20% lot coverage.
Note: Front yard setback is measured from the street.
Discussion points:
• Seaver connection to prim? Excavation and related tree removals?
• Storm Drain?
• Tree removals — typically on vacant residential only significant but P&E = <6"
• Are there any proposed retaining walls 1 steps / pedestrian paths to the lower part of the home?
• Driveway standards and turn around? The easement was not fully developed and there was no
dedicated turn around with the subdivision. At present no input from Fire Dept. (Potential
variance for paving??)
AMC 18.4.3.080.D. Driveways and Turn -Around Design. Driveways and turn-arounds providing
access to parking areas shall conform to the following provisions.
1. A driveway for a single-family dwelling or a duplex shall be a minimum of nine feet in width
except that driveways over 50 feet in length or serving a flag lot shall meet the width and design
requirements of section 18.5.3.06 . Accessory residential units are exempt from the
requirements of this subsection.
From AMC 18.5.3.060.D "width of 20 -feet, with a 15 -foot paved driving surface.
From AMC 18.5.3.060.J When required by the Oregon Fire Code, flag drives greater than 150 feet in
length shall provide a turnaround (see Figure 18.4.6.040.6.5). The Staff Advisor, in coordination with
the Fire Code Official, may extend the distance of the turnaround requirement up to a maximum of 250
feet in length as allowed by Oregon Fire Code access exemptions.
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462 Thornton /aa
November 14, 2423
Page 2
Building Envelope: The property is very steep with many areas identified as "Severely constrained
land" (slopes greater than 35%). It appears that the proposed building envelope is designed and located
to maximize conservation of trees. An inventory of all trees 6"dbh or greater is required with the
application — the inventory must identify species and approximate extent of tree canopy. The survey
must clearly identify trees to be removed and retained. Because the proposed building encroaches on
lands identified as severely constrained a Geotech report will be required pursuant to AMC 18-3. 10.110.
Building.Bld
Design: SUON
2Design. To reduce hillside disturbance `r'��t�- o Y
through the use of slope responsive design
techniques, buildings on Hillside Lands, excepting, '`' ;, Orient roof ne
those lands within the designated Historic District, with the hillside 12
shall incorporate the following into the building Jfoot
�design and indicate features on required building
permits: ! a. The height of all structures shall be 35measured vertica€ly from the natural feet S foot
grade to the uppermost point of the roof minimum setback
edge or peak, wall, parapet, mansard, or
other feature perpendicular to that grade. Maximum hillside building height shall be 35 feet. See
Figure 118.3. 10.090. L, a, and Figure 18.3.1t3.090.E.2.aJi
b. Cut buildings into hillsides to reduce effective visual bulk.
i. Split pad or stepped footings shall be incorporated into building design to allow the structure to
more closely follow the slope.
ii. Reduce building mass by utilizing below grade rooms cut into the natural slope.
c. A building step -back shall be required on all downhill building walls greater than 20 feet in height, as
measured above natural grade. Step -backs shall be a minimum of six feet. Decks projecting out from the
building wall and hillside shall not be considered a building step -back. No vertical walls on the downhill
elevations of new buildings shall exceed a maximum height of 20 feet above natural grade. See
Figure 118.3.10.090.E.2. .
Solar Standards
1. Solar Setback Exception. The approval authority through a Type I review pursuant to section 18.5.1.050 may
approve exceptions to the standards in 118.4.8.030, Solar Setbacks, if the requirements in subsection a, below,
are met and the circumstances in subsection b, below, are found to exist.
a. That the owner or owners of all property to be shaded sign, and record with the County Clerk on the
affected properties' deed, a release form supplied by the City containing all of the following information:
i. :The signatures of all owners or registered leaseholders holding an interest in. the. property in
question.
ii. A statement that the waiver applies only to the specific building or buildings to which
the waiver is granted.
iii. A statement that the solar access guaranteed by this section is waived for that particular
structure and the City is held harmless for any damages resulting from the waiver.
iv. A description and drawing of the shading which would occur.
b. The approval authority finds all of the following criteria are met.
i. The exception does not preclude the reasonable use of solar energy (i.e., passive and
active solar energy systems) on the site by future habitable buildings.
ii. The exception does not diminish any substantial solar access which benefits a passive or
active solar energy system used by a habitable structure on an adjacent lot.
iii. There are unique or unusual circumstances that apply to this site which do not typically apply
elsewhere. (Ord. 3147 § 8, amended, 1112112017)
462 Thornton /aa
November 14, 2023
Page 3
Hillside Grading and Stormwater Management
All facilities for the collection of stormwater runoff shall be, to the greatest extent feasible, the
first improvements constructed on the development site. While there is existing storm drain
infrastructure in Ashland Creek Dr. the elevation differential may require that the stormwater be
diverted to the existing natural drainage system to the south. Stormwater facilities shall be designed,
constructed and maintained in a manner that will avoid erosion on-site and to adjacent and downstream
properties. These shall be designed by a registered engineer or geotechnical expert and approved by the
Public Works Department or Building Official.
Tree Conservation, Protection and Removal.
Additional attention to Tree protection and removal will be required for a successful application.
The submitted plans indicate several trees to be retained that are too close to the building to be properly
protected. A complete inventory of all trees greater than DBH is required, however portions of the lot or
not to be disturbed by development need not be included in the inventory.
All trees indicated on the inventory of existing trees shall also be identified as to their suitability
for conservation. Significant conifer trees having a trunk 18 caliper inches or larger in diameter at breast
height (DBH), and broadleaf trees having a trunk 12 caliper inches or larger in diameter at breast height
(DBH), shall be protected and incorporated into the project design whenever possible.
Tree removal would be considered both in terms of Tree Removal Permit requirements found in
AMC 18.5.7, which regulates the removal of significant trees from the property, and more broadly in
terms of the impacts of tree removal to the hillside lands as part of a Physical & Environmental
Constraints Review Permit, which requires building design and site planning to be planned to preserve
the maximum number of trees possible. A report from an arborist should be provided to address any tree
removal permit request and should respond to the applicable criteria, and any hillside tree removals
should also be addressed in terms of the Hillside Development Standards and by the geotechnical expert.
All planning actions are required to include a tree preservation/protection plan; this is intended to
ensure that trees on and near the property are protected during all site disturbance (including demolition,
construction, driveway/parking installation, staging of materials, etc.). The trees identified to be
preserved during the course of development shall be required to be protected in accordance with the tree
protection standards in AMC 18.3.10.090.D4.
Development Standards for Wildfire Lands AMC 18.3.10.100
The property is located within the designated Wildfire Lands Overlay. As a result, a Fire
Prevention and Control Plan, prepared at the same scale as the development plans, addressing the
General Fuel Modification Area requirements in AMC 18.3.10.100.B is required with the application.
Additionally, any new landscaping proposed is required to meet the General Fuel Modification Area
standards and not include plants listed on the Prohibited Flammable Plant List per Resolution 2018-028.
• All structures on Hillside Lands shall have foundations designed by an engineer or architect with
demonstrable geotechnical design experience. A designer, as defined, shall not complete working
drawings without having foundations designed by an engineer.
Additional items to be addressed in a final planning application: A final planning application should
address the wildfire fuel modification area and tree protection plan, including all proposed tree
removals. The final planning application should address lot coverage including, any proposed walking
paths, patios, and landings associated with the proposed house.
462 Thornton /aa
November 14, 2023
Page 4
Grading and Erosion Control: A grading plan including the location of all areas of land disturbance,
including cuts, fills, driveways, building sites, and other construction areas is required. The total area of
disturbance, total percentage of project site proposed for disturbance, and maximum depths and heights
of cuts and fill must be included. An erosion control plan must be submitted with the application. The
erosion control measures are required to minimize the solids in run off from disturbed area as required
Exposed cut slopes, such as those for yard areas, greater than seven feet in height are required to be
terraced. Cut faces cannot exceed a maximum height of five feet. Terrace widths shall be a minimum of
three feet to allow for the introduction of vegetation for erosion control. Total cut slopes shall not exceed
a maximum vertical height of 15 feet. The grading plan, erosion control plan and retaining walls must be
designed and stamped by an engineer with experience in geologic hazards evaluation and geotechnical
engineering
Storm Drainage: Storm drainage plan must be submitted with the application. Storm drainage facilities
must direct surface water away from cut faces of fill slopes and be designed to avoid erosion on-site and
to adjacent downstream properties.
Planting and Irrigation Plan: A planting/irrigation plan is required to demonstrate the manner in
which cut slope terraces and fill slopes will be revegetated. The vegetation used for these areas must be
native or species similar in resource value, which will survive, help reduce the visual impact of the
cut/fill slopes and assist in providing long-term slope stabilization.
Tree Inventory & Evaluation: The tree survey must locate all trees greater than six inches d.bh. and
identify the species of each tree and approximate extent of the tree canopy. Trees to be removed and in
areas that will be disturbed must be clearly identified. The name, signature and address of the person
preparing the tree survey must be indicated on the tree survey_ The application must also address the
suitability of trees for conservation and demonstrate that the trees to be preserved have been
incorporated into the design. Trees to be removed, unless diseased, dead or a hazard must be replaced.
A tree -replanting plan must be submitted with the application.
Inspection Schedule: An inspection schedule for the geotechnical expert must be submitted with the
application. The project geotechnical expert must provide a final report indicating that the approved
grading, drainage and erosion control measures were installed as per the approved plans and all
scheduled inspections were conducted throughout the project.
A completed application will he required to include a geotechnical study with all of the items listed
in AMC 18.3.10.110.13
Inspections and Final Report: Prior to the certificate of occupancy for individual structures, the project
geotechnical expert shall provide a final report indicating that the approved grading, drainage, and
erosion control measures were installed as per the approved plans, and that all scheduled inspections, as
per 18.3.10.090.A.4.j were conducted by the project geotechnical expert periodically throughout the
project.
Neighborhood Outreach: Staff always recommends that applicants approach the affected neighbors,
particularly those who are likely to receive notice of an application, in order to make them aware of the
proposal and to try to address any concerns that may arise as early in the process as possible. Notices are
typically sent to neighboring property owners within a 200 -foot radius of the perimeter subject property.
462 Thornton /aa
November 14, 2023
Page 5
Written Findings/Burden of Proof. This pre -application conference is intended to highlight significant
issues of concern to staff and bring them to the applicant's attention prior to their preparing a formai
application submittal. Applicants should be aware that written Endings addressing the ordinance and
applicable criteria are required, and are heavily depended on when granting approval for a planning action. In
addition, the required plans are explained in writing below. The burden of proof is on the applicant(s) to
ensure that all applicable criteria are addressed in writing and that all required plans, written findings, and
other materials are submitted even if those items were not discussed in specific, itemized detail during this
initial pre -application conference.
18.3.10.050 Approval Criteria
An application for a Physical Constraints Review Permit is subject to the Type I procedure in section 18.5.1.050
and shall be approved if the proposal meets all of the following criteria.
A. Through the application of the development standards of this chapter, the potential impacts to the property
and nearby areas have been considered, and adverse impacts have been minimized.
B. That the applicant has considered the potential hazards that the development may create and implemented
measures to mitigate the potential hazards caused by the development.
C. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment.
Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning
Commission shall consider the existing development of the surrounding area, and the maximum development
permitted by this ordinance.
18.3.10.090 Development Standards for Hillside Lands
[not all provisions from 98.3.10.090 are listed here individually]
A. General Requirements. The following general requirements shall apply in Hillside Lands.
1. Buildable Area. All development shall occur on lands defined as having buildable area_ Slopes greater
than 35 percent shall be considered unbuildable except as allowed below. Exceptions may be granted to this
requirement only as provided in subsection 18.3.10.090.H.
B. Hillside Grading and Erosion Control. All development on lands classified as Hillside shall provide plans
conforming to the following items.
1. All grading, retaining wall design, drainage, and erosion control plans for development on Hillside Lands
shall be designed by a geotechnical expert. All cuts, grading or fills shall conform to the International Building
Code and be consistent with the provisions of this ordinance. Erosion control measures on the development
site shall be required to minimize the solids in runoff from disturbed areas.
2. Timing of Improvements. For development other than single: family homes on individual lots, all grading,
drainage improvements, or other land disturbances shall only occur from May 1 to October3l. Excavation
shall not occur during the remaining wet months of the year. Erosion control measures shall be installed and
functional by October 31. Up to 30 day modifications to the October 31 date, and 45 day modification to the
May 1 date may be made by the Planning Director, based upon weather conditions and in consultation with
the project geotechnical expert. The modification of dates shall be the minimum necessary, based upon
evidence provided by the applicant, to accomplish the necessary project goals.
18.3.10.110 Development Standards for Severe Constraint Lands
A. Severe Constraint Lands are extremely sensitive to development, grading, filling, or vegetation removal and,
whenever possible, alternative development should be considered.
S. Development of floodways is not permitted except for bridges and road crossings. Such crossings shall be
designed to pass the 100 -year flood without raising the upstream flood height more than six inches.
462 Thornton /aa
November t4, 2023
Page 6
C. Development on lands greater than 35 percent slope shall meet all requirements of section 18.3.10.090
Development Standards for Hillside Lands in addition to the requirements of this section.
D. Development of land or approval for a planning action shall be allowed only when the following study has
been accomplished. An engineering geologic study approved by the Public Works Director and Planning Director
establishes that the site is stable for the proposed use and development. [see code for submittal requirements.]
OTHER DEPARTMENTS' COMMENTS:
BUILDING: No comments at this time. Please contact the Building Division for any building codes
related questions at 541-488-5305.
CONSERVATION: For more information on available water conservation programs, including any
available appliance rebates or assistance with landscaping and irrigation system requirements, please
contact Water Conservation Specialist Julie Smitherman of Conservation Division at 541-552-2062 or
via e-mail to julie.smithermannashland.or.us . For information on any financial or technical assistance
available for the construction of Earth Advantage/Energy Star buildings, please contact Conservation
Analyst/inspector Dan Cunningham at 541-552-2063 or via e-mail to dan.cunninghal-n@ashland.or.us
ENGINEERING: Please contact Karl Johnson of the Engineering Division for any Public
Works/Engineering information at 541-552-2415 or via e-mail to karl.johnson a,ashland.or.us .
FIRE: Please contact Mark Shay from the Fire Department for any Fire Department -related information
at 541-552-2217 or via e-mail to mark.sh4y@ashland.or.us
WATER AND SEWER SERVICE: If the project requires additional water services or upgrades to
existing services the Ashland Water Department will excavate and install in the city right of way all
water services up to and including the meter on domestic and commercial water lines. If a fire line is
required, the water department will also only install a stub out to the Iocation where the double detector
check assembly complete with a Badger brand cubic foot bypass meter should be placed in a vault
external to the building. The vault and the DCDA device housed in it are the responsibility of the
property owner and should be placed at the property line. Fees for these installations are paid to the
water department and are based on a time and materials quote to the developer or contractor. Meter sizes
and fire line diameters will need to be provided to the Water Department at the gime of a quote being
requested. Please Contact Steve Walker at 541-552-2326 or ( walkersnashland.or.us ) with any
questions regarding water utilities.
ELECTRIC SERVICE: "If existing service needs to be upgraded or existing underground service is
not large enough, excavation and conduit may be required from transformer." Please contact Dave
Tygerson in the Electric Department for service requirements and connect fee information at (541) 552-
2389 or via e-mail to lygersodgasliland.orms. Dave will arrange an on-site meeting, and develop a
preliminary electrical service plan for the site. Please allow additional time to accommodate scheduling
of this on-site meeting and preparing the preliminary plan. Submittals will not be deemed complete
without a preliminary approved plan from the Electric Department
462 Thomton /aa
November 14, 2023
Page 7
APPICATION REQUIREMENTS
Submittal Information.
The application is required to include all of the following information.
a. The information requested on the application form at
http://www.ashland.or.us/Files/Zoninq%20Permit%2OAppiication.pdf .
b. Plans and exhibits required for the specific approvals sought (see below).
c. A written statement or letter explaining how the application satisfies each and all of the relevant
criteria and standards in sufficient detail (see below).
d. Information demonstrating compliance with all prior decision(s) and conditions of approval for
the subject site, as applicable.
e. The required fee (see below).
The Ashland Land Use Ordinance, which is Chapter 18 of the Municipal Code, is available on-line in its
entirety at: htt s://ashland.munici al.codes/LandUse
Written Statements
Please provide two copies of a written statements explaining how the application meets the approval
criteria from the sections of the Ashland Municipal Code listed below. These written statements provide
the Staff Advisor or Planning Commission with the basis for approval of the application:
o Physical & Environmental Constraints: 18.3.10.050
o Solar Waiver approval criteria: 18.4.8.020.C.b
o Development Standards for Hillside Lands: 18.3.10.090
o Development Standards for Severe Constraint Lands: 18.3.10.110
Plans & Exhibits Required
Please provide two sets of exhibits (pians or drawings) addressing the submittal requirements from the
sections of the Ashland Municipal Code listed below. These exhibits are used to copy the Planning
Commission packets and for notices that are mailed to neighbors. Please provide two copies on paper no
larger than 11 -inches by 17 -inches and reproducible copies that are drawn to a standard architect's or
engineer's scale.
o Physical & Environmental Constraints: 18.3.10.040
o Tree Preservation and Protection: 18.4.5.030, 18.3.10.090.D
PLANNING APPLICATION FEES:
P&E Constraints Permit $1,271.25
Solar Setback Variance $1,271.25
Depending on Type
Variance Type 1 $1,271.25 OR
Variance Type It $2663.25
NOTE: Applications are accepted on a first come -first served basis. All applications received are reviewed and must be found
to be complete before being processed or scheduled at a Planning Commission meeting. Applications will not be accepted
without a complete application form signed by the applicant(s) and property owner(s), all required materials and full payment.
Applications are reviewed for completeness in accordance with ORS 227.178.
For further information, please -contact: November 14, 2023
Aaron Anderson, Senior Planner Date
City of Ashland, Department of Community Development
Phone: 541-552-2052 or e-mail: aaron.anderson@as]-iland.or.us
462 Thornton /aa
November 14, 2423
Page 8
From:
Mark Shay
To:
Aaron Anderson
Subject:
RE: 462 thornton
Date:
Wednesday, November 15, 2023 12:43:19 PM
Attachments:
image006.ono
1mage007.on4
image008.ano
Hi Aaron,
Here are Fire's requirements for access based on a quick review of the project and with the
understanding it's in the pre -application phase. I'm willing to take another evaluation of the project
and /or have further conversation, but wanted to get this to you before your 1:00 meeting.
Access requirements:
Maintain the 20' easement for the driveway in accordance with OFC 503.2.1
The surface for the easement access shall be compliant with OFC 503.2.3 and able to support 50,000
pounds. Hard packed gravel is acceptable.
Driveway turnaround requirements per QFC 503.2.5 will not be enforced with the installation of an
NFPA 13D sprinkler system.
M cwk, shay
Fire Marshal
(541) 552-2217
Ashland Fire & Rescue
455 Siskiyou Boulevard
Ashland, OR 97520
From: Aaron Anderson <aaron.anderson@ashland.or.us>
Sent: Wednesday, November 15, 2023 11:19 AM
To: Mark Shay <mark.shay@ashland.or_us>
City of Ashland Planning Division
'2a
51 Winburn Way • Ashland, OR 97520
Phone (541) 488-5305 - Fax (541) 488-6066
i:. Email: Plannia ag@.ashland.ar.us
DESCRIPTION OF PROJECT
Project Description -S `S
re' -'.t C_
APPLICANT zvle—G�,s�� �1
- ��/'.�'r�� •.??ADZ....
Name - _ �• $ Phone E -Mail _
Address , Z� r Cit Zip
PROPERTY OWNER
Day Time Phone
-7 `7 0
Address � /�Lv<, City Zip q 7'�'0
DESCRIPTION OF
Street Address I
SUBMITTAL. REQUIREMENTS
i/
Map No. 391Eg:E64 TaxLot(s) &02—
To request a pre -application conference, submit this form with true scale PDF drawings to Planninc()-ashland.or,us. The
application will need to include plans addressing the application submission requirements including site and landscaping plans
drawn to a standard scale and formatted to print to scale on paper no larger than 11 -inches by 17 -inches.
1. Completed Application.
2. Narrative - Provide a written description of proposal and request. (If in Historic District, provide pictures of existing
structures, elevations of proposed structures and details of planned exterior design features and materials)
3. Site Plan -- The site plan should contain all applicable elements in the Site Plan Checklist (see page 2) plus any other
information pertinent to this proposal. The site plan will be checked to insure all applicable information is included at the time
the pre -application date is set.
4. Additional information - Provide in the narrative or with the site plan:
1) Number of acres In development
2) Total gross square footage of all structures
3) Number of stories on each structure
4) Indicate number of and square footage of:
a) Dwelling Units (include the units by the number of bedrooms in each unit- e.g. 10 1 -bedroom, 25 2 -bedroom, etc)
b) Office Spaces
c) Retail Units
d) Other Spaces
City of Ashland Planning Division
51 Winburn Way • Ashland, OR 97520
Phone (541) 488-5305 - Fax (541) 488-6066
Email: Planning@ashland.or.us
PRE APPLICATION BUILDING INFORMATION
Please attempt to indicate the following (Note: if information is not known please leave blank)
1. Current Building Occupancy Type (select one):
Assembly = More than 50 occupants
Theaters, Restaurants, Nightclubs, Taverns and Bars, Community Halls, Art Galleries, Places of Worship,
Arenas, Bleacher's, etc.
Business = Less than 50 occupants
Professional Service Office, Barber and Beauty Salons, Training and Skill Development not within a school
or academic program, Bank, Print Shop, etc.
Educational
Schools K -12th Grade, Religious Educational Rooms and Auditoriums, Day Care Facilities
Factor
(F- Occupancy's include, among others, the use of a building or structure or portion thereof, for assembling,
disassembling, fabricating, finishing, manufacturing, packaging, repair or processing operations that are not
classified as Group H -Hazardous or Group S -Storage Occupancy's
High Hazard
H- Occupancy's includes, among others, the use of a structure, or a portion thereof, that involves the
manufacturing, processing, generation or storage of materials that constitute a physical or health hazard in
quantities allowed in control areas complying with section 494 of the Oregon Structural Specialty Code.
Institutional
]-Occupancy's includes, among others, the use of a building or structure or a portion thereof for more than 16
persons, excluding staff, who reside on a 24 hr. basis in a supervised environment and receive custodial
care. Detoxification Facilities, Hospitals, Medical Care, Nursing Homes, Congregate Living Facilities, Social
Rehabilitation Facilities, Assisted Living Facilities, Alcohol and Drug Centers, Correction Centers, ,fails,
Reformatorles, Adult and Child Day Care Facilities.
Mercantile
Department Stores, Drug Stores, Markets, Motor Fuel -Dispensing f=acilities, Retail or Wholesale Stores,
Sales Rooms.
�Resldential
Single Family gesidence, Hotels, Motels, Apartment Houses, Vacation Time Shares, Congregate Living
Facilities (more than 16 occupants), Assisted Living Facilities (with or without a Memory Care Endorsement),
Residential Treatment Facilities, etc.
2. Is a Change of Occupancy being req sted2
Assembly
Business
Educational
Factory
If yes, please indicate the proposed Occupancy Type:
High Hazard
Institutional
Mea 'e
nt�a
l
3. If Residential please indicate which type (select one):
R-1 Occupancy
Hotels (transient), Motels (transient), Boarding Houses (transient) with more than 10 occupants.
R-2 Occupancy
Apartment Houses, Congregate Living Facilities (non -transient) with more than 16 occupants, Dormitories,
Hotels (non -transient), Motels (non -transient), Vacation Time Share Properties, Boarding Houses (non-
transient) with more than 16 occupants, etc.
City of Ashland Planning Division
51 Winburn Way - Ashland, OR 07520
Phone (541) 488-5305 • Fax (541) 488-6058
ITmail: Planninaf�c shfand.ar.us
5) Percentage of lot coverage by:
a) Structures e) Landscaping
b) Streets & Roads fl Number of parking spaces
c) Parking Areas/Driveways g) Total square footage of landscaped areas.
d) Recreation Areas h) Other pertinent information of the proposed development
S. LEEDO Certification -- Indicate whether project will be pursuing LEEDO certification.
6. Submittal Fee - $200.00
PRE -APPLICATION SITE PLAN CHECKLIST
YES
NO
NIA
1.
Prolect Name
2.
Owner Name
C
3.
Site Address and Map & Taxlot Number
r
4.
Vicinity Map - with street names and locations of all existing and proposed streets
within or on the boundary of the proposed development
5.
Scale & North Arrow
6.
Lot Layout with approximate dimenslons for all lot lines
7.
Zoning Designations in proposed development and surrounding properties
r
8.
Location & Use of all proposed and existing building, fences and structures
9.
Indicate which buildings are to remain and which are to be removed
10.
Location of all landscaped areas. Indicate existing trees, size, species, and
approximate drip line outer branch location), Identify trees to be removed.
11.
Location and size of all public utilities in and adjacent to the proposed development
including water line and meter size, sewer lines, storm drain lines, nearest fire
hydrant.
12.
Locations of drainage ways or public utility easements in and adjacent to proposed
development.
r
13.
Location, size and use of all contemplated and existing public areas
14.
Approximate topography_sloe of the site
15.
Location of all parking areas and individual and handicap parking spaces, ingress
and egress on the site and on-site circulation
16.
Use designation for the areas not covered by buildings (e.g. loading, storage,
vacant, open space, etc.
17.
Elevations of the building(s)
18.
Construction materials --wood frame, masonry, etc. (if project is in a Historic District
provide pictures of existing structures and indicate proposed exterior materials for
sidin , wlndows, trim and roofing)
/
City of Ashland Planning Division
51 Winburn Way • Ashland, OR 97520
Phone (541) 488-5305 • Fax (541) 488-5066
Email: Planning@ashland,or.us
�_icu ancV
Detached One and Two Family Dwellings and Townhouses, Adult Care Facilities (six or fewer persons of any
age less than 24 hrs.), Adult Foster Homes as defined in ORS Chapter 443, or Family Child Care Homes
located in a private residence as defined in the Oregon Structural Specialty Code section 310.2. Buildings
that do not contain more than two dwelling units, Boarding Houses (non -transient), Child Care Facilities that
provide accommodations for six or fewer persons of any age for less than 24 hrs., Congregate Living
Facilities (non -transient) with 16 or fewer occupants, Lodging Houses, etc.)
R-4 Occupancy
This occupancy shall include buildings, structures or portions thereof for more than five but not more than 16
persons, excluding staff, who reside on a 24 -hr. basis in a supervised residential environment and receive
custodial care, Congregate Living Facilities, Halfway Houses, Social Rehabilitation Facilities, Alcohol and
Drug Centers Assisted Living Facilities (with or without a Memory Care Endorsement), Residential Care
Facilities (with or without a Memory Care Endorsement), Residential Treatment Facilities, Group Homes and
Facilities, etc.)
4. Type of Building Construction:
Types I and tt construction are those types of construction in which the building elements listed in Table 601 of
the Oregon Structural Specialty Code are of noncombustible materials, Type III construction is that type of
construction in which the exterior walls are of noncombustible materials and the interior building elements are of
any material permitted by the Oregon Structural Specialty Code. Type IV Construction (Heavy Timber) is that
type of Construction in which the exterior walls are of noncombustible materials and the interior building
elements are of solid or laminated wood without concealed spaces. Type V Construction is that type of
construction in which the structural elements, exterior wails and interior walls are of any materials permitted by
the Oregon Structural Specialty Code,
Type l Type 1V
Type 11 ape V
Type III
5. Is the building equipped or proposed to be equipped with a Fire Protection System? (e.g., Fire Sprinklers
or F rms)
es No
Any questions regarding the pre -application conference or the formal land use application submittal can be directed to
the Ashland Planning Division at (541) 488-5305. The City of Ashland Land Use Code can be found online at
www.ashland.or.uslcode.asp by clicking on Chapter 18 and selecting the desired section.
Carlos Delgado
ARC H ITEC T
Pre -Application Findings of Fact
addressing Ashland Land Use Ordinance:
18.4.8.020.C. Solar Setback Exception
18.3.10.090.E Exception to the Development Standards for Hillside Lands
Subject Property: Thornton Way, Assessor's Map 39 1 E 05CA Tax Lot 602,
Zone: RR -1-7.5
Proposed Use:
Submitted for:
Prepared by:
Date:
Project Summary:
Single Family Residence
Brad and Tania Tong
Carlos Delgado Architect LLC
Oct 23, 2023
This is a proposed new single level residence of 1,205 SF for the owners to "age
in place". The proposed floor elevation is 2' downhill below an established access
easement through the west side of property that also serves the adjacent
property to the north. The residence will also have a 120 SF covered entry porch
and 498 SF outdoor deck area.
The Owner's desire is to create as little disturbance on the property as possible
to keep it in its most natural state. Therefore, the residence is located on the
uppermost and western location along the access easement to minimize
driveway access, parking area, and to orient the residence along a consistent
ground contour elevation to minimize slope and site disturbance. The residence
with living on a single level and optimal location of the residence from both
properties to the north and south creates the minimal disturbance on the property
yet is non compliant with the solar ordinance (refer to sheet AS 1.0 Site Plan for
elevations and solar calculations). Additionally, the owner is requesting an
exception to the maximum height of 20 feet on a section of wall facing downhill
on the southeast corner of the residence (refer to Sheet A2.1 — East Elevation)
exception is requested for a 14 foot section of wall that is 28'-6" above the
finished grade.
200 Clear Creek Dr. # C • Ashland, Oregon 97520 carlos(0)CarlosDelgadoArchitect.com
42517 Gull Road • Port Orford, Oregon 97465 541.531.9502
18.4.8.020.C. Solar Setback Exceptions
1. Solar Setback Exception. The approval authority through a Type I review
pursuant to section 18.5.1.050 may approve exceptions to the standards in
18.4.8.030 Solar Setbacks if the requirements in subsection a, below, are met
and the circumstances in subsection b, below, are found to exist.
a. That the owner or owners of all property to be shaded sign, and record
with the County Clerk on the affected properties' deed, a release form
supplied by the City containing all of the following information.
i. The signatures of all owners or registered leaseholders holding an
interest in the property in question.
ii. A statement that the waiver applies only to the specific building or
buildings to which the waiver is granted.
iii. A statement that the solar access guaranteed by this section is waived
for that particular structure and the City is held harmless for any
damages resulting from the waiver.
iv. A description and drawing of the shading which would occur
b. The approval authority finds all of the following criteria are met.
i. The exception does not preclude the reasonable use of solar energy
(i.e., passive and active solar energy systems) on the site by future
habitable buildings.
The location of the proposed residence on this site is in the only `natural
meadow' of the lot therefore allowing the greatest potential for solar
energy systems possible with the least amount of tree disturbance.
ii. The exception does not diminish any substantial solar access which
benefits passive or active solar energy system used by a habitable
structure on an adjacent lot.
The area shaded on the Site Plan demonstrates shadow encroachment on
the adjacent lot This shaded area is within a dense grove of healthy shade
trees (up to 30 feet in height). Additionally, the adjacent lot has more
suitable building slopes and ease of development on other areas of the
property and so the shaded area is an unlikely location for future
development.
200 Clear Creek Dr. # C • Ashland, Oregon 97520 carlos@ Carlos Del adoArchiwct.corn
42517 Gull Road • Port Orford, Oregon 97465 541.531.9502
iii. There are unique or unusual circumstances that apply to this site ►which
do not typically apply elsewhere.
a) This parcel created in 1966 would not be approved for development
under current standards in theALUO due to the fact that it does not
have a buildable area X35% slope.
b) There are many competing and conflicting codes for a viable
development including steepness of drive, proportion of lot disturbance,
lot coverage, tree removal and solar access.
c) Solar access does not take into account the steepness of east and west
slope. This steepness precludes efficient, cost effective development
compared to more efficient and ecological strategies with grading and
development on consistent site topography (along contours in the north
and south direction).
d) A reasonable footprint of 1205 SF, with only a 2 room depth in the
structure — we have created the smallest viable structure in compliance
with hillside development, any rotation, or reconfiguration of a
reasonable residential floor plan would create a larger disturbance of
the existing hillside.
e) When this lot was created in 1966, its Access was made to be from
Thornton Way through an access easement to this lot which
necessitates the residence be accessed at a higher finished floor height.
All other lots abutting Prim Street are accessed from Prim Street which
creates a substantial amount of lot disturbance in retaining walls for
driveways.
200 Clear Creek Dr. # C • Ashland, Oregon 97520 carlos@CarlosDelgadoArchitect_com
42517 Gull Road • Port Orford, Oregon 97465 541.531.9502
18.3.10.090.E Exception to the Development Standards for Hillside Lands
An exception under this section is not subject to the variance
requirements of chapter 18.5.5, Variances. An application for an
exception is sub'ect to the Type I procedure in
section 18.5.1.05 and may be granted with respect to the
development standards for Hillside Lands if the proposal meets all
of the following criteria:
1. There is demonstrable difficulty in meeting the specific
requirements of this chapter due to a unique or unusual aspect of
the site or proposed use of the site.
a) This parcel created in 1966 would not be approved for development
under current standards in the AL UO due to the fact that it does not
have a buildable area C35% slope.
b) A reasonable footprint of 1205 SF, with only a 2 room depth in the
structure — we have created the smallest viable structure in
compliance with hillside development, any rotation, or
reconfiguration of a reasonable residential floor plan would create
a larger disturbance of the existing hillside.
2. The exception will result in equal or greater protection of the
resources protected under this chapter.
a) When this lot was created in 1966, its Access was made to be from
Thornton Way through an access easement to this lot which
necessitates the residence be accessed at a Higher finished floor
height. All other lots abutting Prim st. are accessed from Prim St.
which creates a substantial amount of lot disturbance in retaining
walls for driveways
3. The exception is the minimum necessary to alleviate the
difficulty.
a) The southeast corner exception as summarized in the minimum
necessary to alleviate the difficulty
4. The exception is consistent with the stated Purpose and Intent
of chapter 18.3.1 , Physical and Environmental Constraints
Overlay, and section18.3.10.09 , Development Standards for
Hillside Lands. (Ord. 3199 § 18, amended, 0611512021; Ord. 3191
§ 18, amended, 1111712020; Ord. 3158 § 4, amended, 0911812018)
200 Clear Creek Dr. # C • Ashland, Oregon 97520 carlos � Carl osDelgadoArchitect.corn
42517 Gull Road • Port Orford, Oregon 97465 541.531.9502
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