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Home My WebLink About2008-0317 Study Session/Special Mtg PACKET CITY OF ASHLAND CITY COUNCIL STUDY SESSION AGENDA Monday, March 17,2008 at 6:00 p.m. Council Chambers, 1175 E. Main Street 6:00 p.m. Study Session 1. Look Ahead Review 2. Review of regular meeting agenda for March 18, 2008 CITY COUNCIL SPECIAL MEETING AGENDA Monday, March 17,2008 at 7:00 pm Council Chambers, 1175 E. Main Street 6:30 p.m. Special Meeting I. CALL TO ORDER II. ROLL CALL III. NEW 1. Should the Council conduct first reading of an Ordinance titled, "An Ordinance Amending Chapter 18 of the Ashland Municipal Code, providing for revisions to definitions and zoning district classifications, providing for revisions to conditional use standards and general regulations for the following zoning districts: woodland residential, rural residential, single family residential, suburban residential, low density multi-family residential, high density multi family residential, North Mountain neighborhood, retail commercial, employment, industrial, health care services and Southern Oregon University; providing for revisions to chapters for tree preservation and protection, physical and environmental contraints, general regulations, site design review, partitions, performance standards option, parking, signage, procedures and enforcement, providing also for corrections to and adoption of official maps, including zoing and overlay maps in digital format"? IV. ADJOURNMENT In compliance with the Americans 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 I). COUNC:IL MEE'rINCiS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AI' WWW.ASHLAND.OR.LJS CITY OF ASHLAND AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL March 18, 2008 Council Chambers 1175 E. Main Street 6:00 p.m. Executive Session - to consult with legal council regarding pending litigation pursuant to ORS 192.660(2)(h) 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes] 1 . Study Session of March 3, 2008 2. Executive Session of March 4, 2008 3. Regular Council of March 4, 2008 4. Executive Session of March 10,2008 VI. SPECIAL PRESENTATIONS & AWARDS 1 . Mayor's Proclamation of Autism Month VII. CONSENT AGENDA [5 minutes} 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Will the Council, acting as the Local Contract Review Board, consent to extend an existing Intergovernmental Agreement #2005-2006-09 between Jackson County, Community Justice, and the City of Ashland until 6/30/2010? 3. Does the Council wish to accept the recommendation of the Public Art Commission to accept the Lloyd Haines paintings as a gift of public art? 4. Will the Council authorize a contract with Carollo Engineers P.C. in the amount of $83,195 to complete the Wastewater Treatment Plant (WWTP) Permit Renewal with Temperature Solution and Update to the Facilities Plan? COUNCIL MJ:E"fJNCJS ARE BROADCAST LIVJ: ON CHANNJ:L 9 VISrr 'TTIE Crry OF ASHLAND'S WEB SIlT A'f WWW.ASIILAND.OR.US VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC S2.04.040}) 1. Will Council adopt a resolution authorizing and ordering the improvement of the alley between Harrison and Morton Streets by formation of a Local Improvement District? Will Council adopt the findings and orders pertaining to the formation of the Harrison to Morton Alley Local Improvement District? 2. Does the Council want to approve a resolution removing the BPA Surcharge (current average impact is 10.8% per account) and raising electric rates for usage by 8.7% for accounts subject to the electric user's tax and 10.8% for accounts not subject to the tax? IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.) [15 minutes maximum] X. UNFINISHED BUSINESS None. XI. NEW AND MISCELLANEOUS BUSINESS 1. Which of the public art funding options does the Council wish to explore through the public hearing process? 2. Will Council review the Traffic Safety Commission's recommendations to improve pedestrian safety on Siskiyou Boulevard and provide input for additional measures? 3. Does the Council want to authorize the City Administrator to sign the Standstill & Interim Relief Payment Agreement with the Bonneville Power Administration? How much of the moneys distributed with this agreement should be distributed to the General Fund? How much should be distributed to the Electric Fund? XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Does the Council wish to approve second reading of a proposed Ordinance titled, "An Ordinance amending the Ashland Municipal Code, Chapter 2.12, City Planning Commission"? XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT In compliance with the Americans 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 I). COUNCIL MEEIINCiS ARE BROADCAST LIVE ON CHANNEL 9 V[Srr TIlE crrv OF' ASHLAND'S\.VEB SUE AT W'vVW.ASIILAND.OR.US ~ '" <0 ~ ~ ~ ~ ~ ~ ~ :::: ~ CD '" ..... OJ 01 ./> "" '" ~ 0 '" ..... OJ 01 ./> "" '" 0 0 )> };" C a ~Q 0 "'U (J) "'U "'U G) 0 '2:::C -)> S::)> '2)> a"'U s:: <.., "'U .., "'U L"O _. 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"0 '" ~ ~"E 5 ~ 9 lfJ 12 '" lD m ~ I~ g,u.m:J to a5~6~ ~ x5~g~ro Ql'~5lC:~1: Z c: Q.l ~ c: Q) o.Q~E'6E 6~gQlO~ '00 Ql....J a.. c: > ~ ~ ~ ~ '~I ~ .~ 3 .~ ~ I.~ ~ oC/)~a..~_ T"""NM'<;fL()\D '" ~ <( x N-o N m .. " 0-", ~~ :g 8 0-' ~~ ~ c -=> M 0 u ~6 .~~ a:::c !!l- I qj 01 c:: ClI .c:: (,) .e - (,) CIl :Q' ~ II) 'b c:: ClI """ LI.. ~ Q ClI .!!! II) ~ ~ o c:: CIl II) ClI it CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Ashland Land Use Ordinance Amendments March 18, 2008 Primary Staff Contact: Bill Molnar Community Development E-Mail: bill@ashland.or.us Legal Secondary Contact: Richard Appicello f;6-'J.- Estimated Time: 1 hour Question: Should the amendments to the Ashland Land Use Ordinance that implement many of the changes described in Phase 1 of the Siegel report and proposes changes to the city's permitting and appeal procedures be approved? Staff Recommendation: These amendments are recommended by the Ashland Planning Commission and Planning Division staff after several hearings, discussion and deliberation. Background: Staff handed out a summary of key issues at the January 15, 2008 Council meeting. The summary was used to focus Council discussion and deliberation on specific areas believed to represent the most significant changes contained within the package of proposed ALUO amendments. The following recap of Council action on each of these items has been provided. Does the Council want to adopt the provisions that would make the Planning Commission's decision on Type I applications final, with the next appeal to the Land Use Board of Appeals? " The Council approved, by a motion, the amendment as proposed, which would make the Planning Commission's decision final in the case of an appeal of a Type I application. Further appeal of the Planning Commission's decision would be to the State Land Use Board of Appeals (LUBA). Does the Council want to adopt provisions that allow a building with a 100-[00t length or width, and that is less than 10,000 square feet in size to become a Type I decision (with appeal to the Commission)? The Council, by a motion, decided not to incorporate the proposed change, but rather retain the existing language in the Land Use Ordinance that requires a public hearing under a Type II Procedure for buildings longer than 100 feet in length or width and located within the Detail Site Review Zone (18.72.050). Additionally, the Council decided to make conditional use permit applications involving an "Electrical Substation" within a Commercial or Industrial Zone subject to a public hearing Page 1 of3 CC - ALUO Amendments - Feb 19,2008 rA' CITY OF ASHLAND under the Type II procedure, rather than an administrative approval by the Community Development Director under a Type I procedure. Does the Council want to permit there to be an Evidentiary Hearing by stafffor Type II decisions? If so, does the Council wish to define specific criteria for these hearings? While there was some discussion, the Council did not make a decision on this item. Does the Council wish to adopt the provisions that allow for an application for an interpretation of the Land Use Code? The Council, by motion, took action to delete the amendments proposed to 18.108.160- Interpretations, which would have allowed the filing of a request for an interpretation when accompanied by a fee and submitted on a written form approved by the City Administrator. Consequently, existing language concerning ordinance interpretations will be retained. This maintains the Community Development Director's current authority to interpret the Land Use Ordinance and render a written interpretation at his/her discretion. The Director's interpretation is forwarded on to the Commission and Council for review, where it is subject to being modified or approved as presented. Does the City Council want to adopt a process that requires appeals to the City Council from the Planning Commission to be held "on-the-record?" If yes, then the Council needs to discuss the scope of the proceedings, as well as define the criteria that the City Administrator would use when making a decision to allow a partial de-novo hearing? There has been considerable discussion on this item. Additional language (18.1 08.11 0) concerning on-the-record appeals and the scope of the proceedings was suggested at the February 5th Council meeting that addressed a number of Council's questions and concerns. Some of the changes include: ot' A reopening of the record to consider new evidence on a limited basis; ot' An opportunity for oral arguments from the applicant, appellant and other parties. However, a party would not be permitted oral argument if written arguments had not been submitted within 14 days prior to Council's consideration; and ot' Upon recommendation of the City Administrator, the Council to remand the matter back to the Planning Commission in the case where new evidence was entered into the record. Related City Policies: City of Ashland Comprehensive Plan Page 2 of3 CC - ALUO Amendments - Feb 19,2008 r., CITY OF ASHLAND Potential Motions: 1. Move to approve first reading that includes the proposed amendments to the Land Use Ordinance as recommended by the Planning Commission and Staff, and request that the ordinance be brought back for second reading. 2. Move to approve first reading that includes the proposed amendments to the Land Use Ordinance as recommended by the Planning Commission and Staff with the revisions as suggested by the Council, and request that the ordinance be brought back for second reading. 3. Move to table the proposed ordinance amendments. Attachments: . ALUO Amendments - Ordinance for 1 sl reading . Questions from Councilor Hartzell . Summary of Key Issues - January 15, 2008 - meeting handout Page 3 of3 CC - ALUO Amendments - Feb 19,2008 rA' ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 OF THE ASHLAND MUNICIPAL CODE; PROVIDING FOR REVISIONS TO DEFINITIONS AND,ZONING DISTRICT CLASSIFICATIONS, PROVIDING FOR REVISIONS TO CONDITIONAL USE STANDARDS AND GENERAL REGULATIONS FOR THE FOLLOWING ZONING DISTRICTS: WOODLAND RESIDENTIAL, RURAL RESIDENTIAL, SINGLE FAMILY RESIDENTIAL, SUBURBAN RESIDENTIAL, LOW DENSITY MUL TI- FAMILY RESIDENTIAL, HIGH DENSITY MULTI FAMILY RESIDENTIAL, NORTH MOUNTAIN NEIGHBORHOOD, RETAIL COMMERCIAL, EMPLOYMENT, INDUSTRIAL, HEALTH CARE SERVICES AND SOUTHERN OREGON UNIVERSITY; PROVIDING FOR REVISIONS TO CHAPTERS FOR TREE PRESERVATION AND PROTECTION, PHYSICAL AND ENVIRONMENTAL CONSTRAINTS, GENERAL REGULATIONS, SITE DESIGN REVIEW, PARTITIONS, PERFORMANCE STANDARDS OPTION , PARKING, SIGNAGE, PROCEDURES AND ENFORCEMENT, PROVIDING ALSO FOR CORRECTIONS TO AND ADOPTION OF OFFICAL MAPS, INCLUDING ZONING AND OVERLAY MAPS IN DIGITAL FORMAT (PA: 2007-01283). Annotated to show deletions and additions to the code sections being modified. Deletions are bold struck through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop 20 Or. App. 293,531 P 2d 730, 734 (1975; and WHEREAS, pursuant to ORS 227.186 the Ashland Planning Department provided written individual notice of the initial hearing of the above-described proposed changes to all property owners in the City of Ashland; and WHEREAS, the City of Ashland Planning Commission considered the above-referenced ordinance amendments and recommended approval to the City Council on October 23, 2007; and Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 1 WHEREAS, the City Council of the City of Ashland conducted a public hearing on the above- referenced amendments on December 18, 2007 and left the record open until January 15, 2008. WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Land Use Ordinance in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. NOW THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1, Section 18.08.019 - Definition: Accessory Residential Unit, is added to the Ashland Municipal Code, and reads as follows: 18.08.019 Accessorv Residential Unit, A second dwellina unit either attached to a sinale familv dwellina or located on the same lot with a sinale familv dwellina and havina an independent means of access. SECTION 2, Section 18.08.078 - Definition: Basement, is added to the Ashland Municipal Code, and reads as follows: 18.08.078 Basement. That portion of a buildina with a floor-to-ceilina heiaht of not less than 6.5 feet and where fiftv percent (500/0) or more of its perimeter walls are less than six (6) feet above natural arade and does not exceed twelve (12) feet above finish arade at anv point. SECTION 3, Section 18.08.090, Boarding-room house, of the Ashland Municipal Code, is amended to read as follows: 18.08.090, Boarding-room house. A dwelling or part thereof, other than a hotel or motel, where lodging with or without means is provided, for compensation, for three (3) or more persons, for a minimum period of thirtv (30) davs. SECTION 4, Section 18.08.160 - Definition: Coverage, lot or site, of the Ashland Municipal Code, is amended to read as follows: 18.08.160, Coverage, lot or site...T()t.i:lI..area of all strl:letl:lres, buildinas. parkina areas, l'a...eEl driveways, allllllllllll1 other solid surfaces sail E1istl:lrba..ees that will not allow normal water infiltration to the around. UJp to five percent (50/0) of the lot area havina porous solid surfaces, such as paths, patios, decks, and similar surfaces is exempt from lot coveraae reauirements:}The coverage is expressed as a percentage of such area in relation to the total gross area of the lot or site. Landscaping which does not negatively impact the natural water retention and soil characteristics of the site shall not be deemed part of the lot or site coverage. SECTION 5, SectionI8.08.256 - Definition: Floor areas, gross habitable, is added Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 2 - To the Ashland Municipal Code, and reads as follows: 18.08.256 Floor areas, aross habitable. The total area of all floors in a dwellina measured to its outside surfaces that are under the horizontal oroiection of the roof or floor above with at least seven (7) feet of head room, excludina uninhabitable soaces accessed solely by an exterior door. SECTION 6, Section 18.08.257 - Definition: Floor area, gross, is added to the Ashland Municipal Code, and reads as follows: 18.08.257 Floor Area, aross. The total area of all floors in a buildina measured to the outside surfaces that are under the horizontal oroiection of the roof or floor above. SECTION 7, Section18.08.281 - Definition: Ground floor, is added to the Ashland Municipal Code, and reads as follows: 18.08.281 Ground Floor. The first floor of a buildina other than a cellar or basement. SECTION 8, Section 18.08.291 - Definition: Historic District, is added to the Ashland Municipal Code, and reads as follows: 18.08.291 Historic District. A district identified as historically sianificant under the City of Ashland Comorehensive Plan and its imolementina reaulations (e.a. overlay zones). SECTION 9, Section 18.08.485 - Definition: Mechanical Equipment, of the Ashland Municipal Code, is amended to read as follows: 18.08.485, Mechanical equipment. Equipment or devices installed for a use appurtenant to the primary use. Such equipment shall include heating and air conditioning equipment, solar collectors, parabolic antennas, disc antenna, radio or TV receiving or transmitting antennas, and any power generating devices. tfle following eqtlil'ftu:nt or devices are exeMl't: A. Prh..ate, non cOMMercial radio and tele-..ision antennas not exceeding a height of sevent", (79) feet above grade or thirtt' (39) feet abo....e an existing strtldtlre, whichever height is greater. No I'art of stich antenna shall be vJithin the "iards reqtlired by this Chal'ter. A btlilding l'erMit shall be reqtlired for an, antenna Mast, or tower o....er fiftt (59) feet abo..-e grade or thirt', (30) feet abo....e an existing strtlcttlre when the saMe is constrtleted on the roof of the strtlcttlre. B. Parabolic antennas tinder three (3) feet in diaMeter. SECTION 10, Section 18.05.530 - Definition: Parking Space, of the Ashland Municipal Code, is amended to read as follows: 18.05.530, Parking Space. A soace desianed and desianated to orovide oarkina for a motor vehicle and in comoliance with Chaoter 18.92 oarkina standards. A rectangle not less than eighteen (18) feet long and nine (9) feet wide together "'"ith access and Manetlvering sl'ace stlffieient to l'erMit a standard atltoMobile to be I'arl(ed within the rectangle withotlt the Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 3 - necessit". af ma';,-ing ather vehieles, said rectangle ta be laeated aft af the street right af v;ay. SECTION 11, Section 18.08.595 - Definition: Planning Application, Planning Action, of the Ashland Municipal Code, is amended to read as follows: 18.08.595, Planning aoolication: olannina action, A olannina aoolication is an aoolication. other than an aoolication for leaislative amendment. filed oursuant to the reauirements of this ordinance. A olannina action is a proceeding pursuant to this ordinance in which the legal rights, duties or privileges of specific parties are determined, and any appeal or review of such proceeding, pursuant to the provisions of this ordinance. A planning action does not include a ministerial action or a legislative amendment. SECTION 12, Section 18.08.601 - Definition: Porch, enclosed/unenclosed, is added to the Ashland Municipal Code, and reads as follows: 18.08.601 Porch. enclosed/unenclosed. Covered oorches. exterior balconies. or other similar areas attached to a buildina and havina dimensions of not less than six (6) feet in deoth bv eiaht (8) feet in lenath. "Enclosed means the Dorch contains wall(s) that are more than forty-two (42) inches in heiaht measured from finished floor level. for fifty oercent (500/0) or more of the Dorch oerimeter. "Unenclosed" means the Dorch contains no such walls. but it may be covered. SECTION 13, Section 18.08.602 - Definition: Porous Solid Surface, is added to the Ashland Municipal Code, and reads as follows: 18.08.602 Porous Solid Surface. Porous solid surface is a oermeable surface built with an underlvina stone reservoir that temoorarilv stores surface runoff before it infiltrates into the subsoil. Porous solid surfaces include oervious asohalt. Dervious concrete. arass or oermeable oavers. or decks that allow runoff to infiltrate the subsoil beneath the deck. SECTION 14, Section 18.08.616 - Definition: Reconstruct, is added to the Ashland Municipal Code, and reads as follows: 18.08.616 Reconstruct. To recreate or reassemble a structure or buildina with a new or reolacement structure that recreates or reoroduces its form. shaoe and location as oriainallv built. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 4 - SECTION 15, Section 18.08.650 - Definition: Setback, of the Ashland Municipal Code, is amended to read as follows: 18.08.650, Setback. The horizontal oeroendicular distance from a lot line to the closest oart of a buildina or structure that is subiect to a setback or yard reauirement. Architectural oroiections may intrude into reauired setbacks as set forth in Section 18.68.040. When multi-story setbacks are soecified. the setback for a story above the around floor is measured horizontallY from the lot line to the olane of the nearest wall of the uooer story. The distance between the center line at a street and the special base line setbacl( tram which ,,'ard measurements are made, measured harizantally and at right angles tram said center line. SECTION 16, Section 18.08.651 - Definition: Setback, Special, is added to the Ashland Municipal Code, and reads as follows: 18.08.651 Setback. Soecial. The distance between the center line of a street and the soecial base line setback from which yard measurements are made. measured horizontallY and at riaht anales from said center line. SECTION 17, Section 18.08.661 - Definition: Story, half, is added to the Ashland Municipal Code, and reads as follows: 18.08.661- Story. half. A half story is a soace under a slooina roof that has the line of intersection of the roof and exterior wall face not more than three (3) feet above the floor leyel below and in which soace the floor area with head room of five (5) feet or more occuoies no more than fifty oercent (500/0) of the total floor area of the story directly beneath. .,. ~ IT eM_.) ----...oIe..._ T .'rC~y 1 "''''~C--AitilteA,'' tS'"' Sloping Roof Half Story. If Floor Area "AU is no more than 50% of Floor Area "6u - then "AU is a half story. If the wall face is more than three (3) feet above the floor level below at the rear or side yard setback line, then it shall be considered a full story for purposes of setback measurements. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 5 - SECTION 18, Section 18.08.662 - Definition: Story, of the Ashland Municipal Code, is added to read as follows: 18.08.662 Story. That Dortion of a buildinQ included between the UDDer surface of any floor and the UDDer surface of the floor next above. exceDt that the tOD story shall be that Dortion of a buildinQ included between the UDDer surface of the tOD floor and the ceilinQ above. A basement shall not be considered a story. If the wall face of the UDDer most floor at the rear or side yard setback line is more than three (3) feet above the floor level below. the UDDer floor shall be considered a story for DurDoses of setbacks. Unenclosed decks. Dorches. balconies and similar features are not considered stories. SECTION 19, Section 18.08.740 - Definition: Story, of the Ashland Municipal Code, is amended to read as follows: 18.98.749. Steril'. That pertien ef a building included between the upper surface ef an,. fleer and the upper surface ef the fleer next abe'..e, except that the tel' ster., shall be that pertien ef a building included between the upper surface ef the tel' fleer and the ceiling abeye. If the finished fleer le~el directly abeve a basement er cellar is mere than six (6) feet abe~e grade, the basement er cellar shall be censidered a sterf. SECTION 20, Section 18.08.750 - Definition: Structure or building, of the Ashland Municipal Code, is amended to read as follows: 18.08.750, Structure or building. That which is built or constructed; an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner and which requires location on, in, or above the ground or which is attached to something having a location on, in or above the ground. Structures eighteen thirty (30) f!-8t inches in height or less. includinQ entry stairs. uncovered Dorches. Datios and similar structures. are exempt from the side and rear yard setback requirements and from half (1/2) the yard requirements for the front yard and side yard abutting a public street. SECTION 21, Section 18.08.795 - Definition: Traveler's Accommodations, of the Ashland Municipal Code, is amended to read as follows: 18.08.795, Traveler's Accommodations, Any establishment in a residential zone having rooms or dwellings rented or kept for rent to travelers or transients for a charge or fee paid or to be paid for rental or use of such facilities for a period of less than thirty (30) days. SECTION 22, Section 18.08.830 - Definition: Yard, of the Ashland Municipal Code, is amended to read as follows: 18.08.830, Yard - An open space on a lot which is unobstructed by a structure freM the greundupward. SECTION 23, Section 18.12.020, Classification of Districts, of the Ashland Municipal Code, is amended to read as follows: Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 6 - 18.12.020. Classification of Districts. For the purpose of this Title, the City is divided into zoning districts designated as follows: Zoning Districts and Overlays Map Symbol and Abbreviated Designation Airport Overlay Residential - Rural Residential - Single Family Residential - Low Density Multiple Family Residential - High Density Multiple Family Commercial Commercial - Downtown Employment Industrial Woodland Residential SOU - Southern Oregon UniversityState Cellege Performance Standards (P} - Overlay Detail Site Review Zone Health Care Services Zone North Mountain Neiahborhood Residential Overlay Freeway Sian Overlay A RR R-1 R-2 R-3 C-1 C-1-D E-1 M-1 WR SOU P DSR HC NM R f SECTION 24, Section 18.12.030, Zoning Map, of the Ashland Municipal Code, is amended to read as follows: 18.12.030, Zoning and Land Use Control Maps. A. The location and boundaries of the zonina districts designated in Section 18.12.020... Dhysical and environmental constraints desianated in Section 18.62.060. Detail Site Review Zone desianated in ChaDter 18.72 are established as shown on the map entitled "Zoning and Land Use Control Map~ of the City of Ashland," dated with the effective date of the ordinance codified herein, and signed by the Mayor and City Recorder and hereafter referred to as the "2~oning and Land Use ControIIftMap~. " B. The signed copy of said ~~oning and Land Use ControllftMap~ shall be maintained on file in the office of the City Recorder and is made a part of this Title. SECTION 25, Section 18.14.030, W-R, Conditional Uses, of the Ashland Municipal Code, is amended to read as follows: 18.14.030 Conditional Uses. The following uses and their accessory uses are permitted when authorized in accordance with Chapter 18.104, Conditional Use Permits: A. Churches and similar religious institutions. B. Public and public utility buildings, structures and uses, but not including corporation, storage or repair yards, warehouses and similar uses. C. Private recreational uses and facilities, provided that the forested character of the area is not disturbed. D. Public and quasi-public halls, lodges and clubs. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 7 - E. Schools, both public and private. F. Daycare centers. G. Homes for the elderly and nursing homes. H. AA}" remeiral ef three (3) er mere Ih.iAg trees ef e"..er six (6) iAehes iA diameter frem aA}" tax let duriAg aA", eAe (1) ealeAdar ",ear, er aA}" ferm ef eemmereial leggiAg. Sueh use shall be I'ermitted eAly wheA, iA additieA te the CeAditieAal Use Permit fiAdiAgs, the fellewiAg fiAdiAgs have beeA determiAed: 1. TraASl'ertatieA te aAd frem the site eaA be aceeml'lished safel", aAd "..,itheut disturbaAce te resideAts. 2. That adeEluate I'reYisieAS ha',,"e bee A made fer eresieA eeAtrel. 3. That adeEluate I're'.i'isieAS ha"."e bee A made fer referestatieA. 4. That al'l'reval has bee A ebtaiAed frem all al'l'rel'riate CeuAt"y", State aAd Federal ageAeies. 5. That there is Ae I'rebable daAger ef wildfire. 6. That there is adeEluate suret"y" beAdiAg I're""ided te the Cit", te eAsure that aAY reEluired rderestatieA aAd eresieA eeAtrel will be acceml'lished. H. Disc antenna for commercial use. I. Nonconforming use or structure changes reguired bv Section 18.68.090. J. TemDorarv uses. K. Wireless Communication Facilities when attached to existing structures and authorized Dursuant to Section 18.72.180. SECTION 26, Section 18.16.030, R-R, Conditional Uses, of the Ashland Municipal Code, is amended to read as follows: 18.16.030 Conditional Uses. The following uses and their accessory uses are permitted outright: The following uses and their accessory uses are permitted when authorized in accordance with Chapter 18.104, Conditional Use Permits: A. Churches and similar religious institutions. B. Hospitals, rest, nursing and convalescent homes. C. Parochial and private schools, including nursery schools, kindergarten, and day nurseries; business, dancing, trade technical, or similar school. D. Public and public utility buildings, structures and uses; but not including corporation, storage or repair yards, warehouses, and similar uses. E. Private recreational uses and facilities, including country clubs, golf courses, swimming clubs, and tennis clubs, but not including such intensive commercial recreational uses as a driving range, race track, or amusement park. F. Riding instructions and academies. G. Cemeteries, mausoleums, columbariums, crematoriums. H. Excavation and removal of sand, gravel, stone, loam, dirt, or other earth products, subject to Section 18.68.080, Commercial Excavation. I. Public and quasi-public halls, lodges and clubs. J. Accessory residential units, subject to the Type I procedure and criteria, and the following additional criteria: 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of dwelling units shall not exceed 2 per lot. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 8 - 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA. 4. Additional parking shall be in conformance with the off-street Parking provisions for single-family dwellings of this Title. 5. If the accessory residential unit is not part of the primary dwelling, all construction and land disturbance associated with the accessory residential unit shall occur on lands with less than 25% slope. 6. If located in the Wildfire zone, the accessory residential unit shall have a residential sprinkler system installed. 7. The lot on which the accessory residential unit is located shall have access to an improved city street, paved to a minimum of 20' in width, with curbs, gutters, and sidewalks. 8. No on-street parking credits shall be allowed for accessory residential units in the RR-.5 zone." K. Disc antenna for commercial use. L. NonconforminQ use or structure chanQes required by Section 18.68.090. M. Temporary uses. N. Wireless Communication Facilities when attached to existinQ structures and authorized pursuant to Section 18.72.180. SECTION 27, Section 18.16.040, R-R, General Regulations, of the Ashland Municipal Code, is amended to read as follows: 18.16.040 General Regulations A. Minimum lot area: Minimum lot areas in the RR zone may be one-half ('12), one (1), and two and one-half (2 V2) acres, depending on the topographic nature, service availability and surrounding land uses, and other relevant characteristics of the area. B. Maximum lot coverage: 1. One-half (V2) acre lots (RR-.5): twenty (20%) percent maximum. 2. One (1) acre lots (RR-1): twelve (12%) percent maximum. 3. Two and one-half (2 1f2) acre lots (RR-2.5): seven (7%) percent maximum. C. Minimum lot width: All lots shall be at least one hundred (100) feet in width. D. Lot depth: All lots shall be at least one hundred fifty (150) feet in depth. No lot depth shall be more than three (3) times its width. E. Minimum front yard: There shall be a front yard of at least twenty (20) feet. F. Minimum side yard: There shall be a minimum side yard of five six (~5) feet, except ten (10) feet along the side yard facing the street on a corner lot. G. Minimum rear yard: There shall be a minimum rear yard of ten (10) feet plus ten (10) feet for each story in excess of one (1) story. H. Maximum building height: No structure shall be over thirty-five (35) feet or two and one-half (2 '12) stories in height, whichever is less. This does not include agricultural structures fifty (50) feet or more from any property line. SECTION 28, Section 18.20.030, R-l, Conditional Uses, of the Ashland Municipal Code, is amended to read as follows: 18.20.030 Conditional Uses The following uses and their accessory uses are permitted when authorized in accordance with Chapter 18.104, Conditional Use Permits. A. Churches and similar religious institutions. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 9 - B. Hospitals, rest, nursing or convalescent homes. C. Parochial and private schools, including nursery schools, kindergartens, day nurseries, business, dancing, trade, technical or similar schools. D. Public and public utility buildings, structures and uses. (Ord. 2121 52, 1981) E. Recreational uses and facilities, including country clubs, golf courses, swimming clubs and tennis clubs; but not including such intensive commercial recreational uses as a driving range, race track or amusement park. F. Off-street parking lots adjoining a C or M district subject to the provisions of Chapter 18.92, Off-Street Parking. G. Public and quasi-public halls, lodges and clubs. H. Accessory residential units, subject to the Type I procedure and criteria, and the following additional criteria: 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of dwelling units shall not exceed 2 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA. 4. Additional parking shall be in conformance with the off-street Parking provisions for single-family dwellings of this Title. I. Group Homes. (Ord. 2348 51, 1985; Ord. 2624 51, 1991) J. Disc antenna for commercial use. K. Dwellinas in the Historic District exceedina the maximum Dermitted floor area Dursuant to Section 18.20.040. L. Nonconformina use or structure chanaes reauired by Section 18.68.090. M. TemDOrary uses. N. Wireless Communication Facilities when attached to existina structures and authorized Dursuant to Section 18.72.180. Section 29, Section 18.22.030, R-1-3.S, Conditional Uses, of the Ashland Municipal Code, is amended to read as follows: 18.22.030 Conditional Uses A. Churches and similar religious institutions. B. Hospitals, rest, nursing or convalescent homes. C. Parochial and private schools, including nursery schools, kindergartens, day nurseries, dancing, trade, technical or similar schools. D. Public and public utility buildings, structures and uses. E. Recreational uses and facilities, including country clubs, golf courses, swimming clubs and tennis clubs, but not including such intensive commercial recreational uses as a driving range, race track or amusement park. F. Public and quasi-public halls, lodges and clubs. G. Limited personal service establishments in the home, such as beauticians, masseurs, etc. H. Disc antenna for commercial use. I. Nonconformina use or structure chanaes reauired by Section 18.68.090. J. TemDOrary uses. K. Wireless Communication Facilities when attached to existina structures and authorized Dursuant to Section 18.72.180. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 10 - SECTION 30 Section 18.22.040, R-1-3.S, General Regulations, of the Ashland Municipal Code, is amended to read as follows: 18.22.040 General Regulations A. Minimum Lot Area. The minimum lot area shall be five thousand (5,000) square feet, fer the first dwdliAg uAit aAd exceDt that a lot three thousand five hundred (3,500) square feet or laraer may be created fer eaeh additieAal when the lot with contains an existing single-family residence which meetseA it; beth the existiAg aAd Aew strl:letl:lres "'l:Ist ",eet the setback, density, and lot coverage aAd let size requirements.aAd criteria ef Chapter 18.76,the P4iAer LaAd PartitieA SedieA ef the OrdiAaAce, jl:lst as if each strl:ldl:lre ...lel:lld be leeated eA its eWA let, regardless ef .....hdher a Aej,., parcel is beiAg created er Aet. IA the AshlaAd Histerie Distrid, all resideAtial strl:ldl:lres shall alse be subjed te these reEll:lire",eAts. Variances under this Section are subject to Type I procedures. B. Minimum Lot Width. The minimum lot width shall be fifty (50) feet. C. Lot Depth. All lots shall have a minimum depth of eighty (80) feet. No lot depth shall be more than two and one-half (2 '12) times its width. D. Standard Yard Requirements. Front yard, twenty (20) feet; side yards, six (6) feet; rear yard, ten (10) feet plus ten (10) feet for each story in excess of one (1) story. In addition, the setbacks must comply with Section 18.70 which provides for solar access. The side yard of a corner lot abutting a public street shall have a ten (10) foot setback. E. Special YardsnDistances Between Buildings. 1. The distance between any principal building and an accessory building shall be a minimum of ten (10) feet. 2. An inner court providing access to a double-row dwelling group shall be a minimum of twenty (20) feet. 3. The distance between principal buildings shall be at least one-half ('12) the sum of the height of both buildings; provided, however, that in no case shall the distance be less than twelve (12) feet. F. Maximum Height. No structure shall be over thirty-five (35) feet or two and one-half (2 V2) stories in height, whichever is less. G. Maximum Coverage. Maximum lot coverage shall be fifty-five (55%) percent. (Ord. 2228, 1982) SECTION 31, Section 18.24.030, R-2, Conditional Uses, of the Ashland Municipal Code, is amended to read as follows: 18.24.030, Conditional Uses The following uses and their accessory uses are permitted when authorized in accordance with the chapter on conditional use permits: A. Churches and similar religious institutions. B. Parochial and private schools, business, dancing, trade, technical, or similar schools. C. Manufactured housing developments subject to Chapter 18.84. D. Public and quasi-public halls, lodges and clubs. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 11 - E. Professional offices or clinics for an accountant, architect, attorney, dentist, designer, doctor or other practitioner of the healing arts, engineer, insurance agent or adjuster, investment or management counselor or surveyor. F. Hospitals, rest, nursing and convalescent homes. G. Limited personal service establishments in the home, such as beauticians, masseurs and the uses listed in subsection E above. H. Wholesale plant nurseries, including accessory structures. I. Retail commercial uses located in a dwelling unit within the Railroad Historic District as identified by the Ashland Histerie Ce",,,,issien and approved by the City Council. Such business shall be no greater than six hundred (600) sq. ft. in total area, including all storage and accessory uses, and shall be operated only by the occupant of the dwelling unit uses, and the equivalent of one (1) half (V2) time employee (up to twenty-five (25) hours per week). Such use shall be designed to serve primarily pedestrian traffic, and shall be located on a street having a fully improved sidewalk on at least the side occupied by the business. The street shall be a fully improved street of residential City standards or greater. J. (Ord. 262452, 1991; deleted Ord. 294252, 2007) K. Traveler's accommodations, subject to the following: 1. That all residences used for travelers accommodation be business-owner occupied. The business-owner shall be required to reside on the property occupied by the accommodation, and occupancy shall be determined as the travelers accommodation location being the primary residence of the owner during operation of the accommodation. "Business-owner" shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement to specifically state that the property owner is not involved in the day to day operation or financial management of the accommodation, and that the business-owner is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. (ORD 2806 51, 1997) 2. That each accommodation unit shall have 1 off-street parking space, and the owners shall have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Title. 3. That only one ground or wall si.gn, constructed of a non-plastic material, non- interior illuminated of 6 sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers's accommodation in violation of 18.72.110. 4. That the number of accommodation units allowed shall be determined by the following criteria: a. That the total number of units, including the owner's unit, shall be determined by dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed 9 per approved travelers accommodation with primary lot frontage on arterial streets. The maximum number of units shall be 7 per approved travelers accommodation with primary lot frontage on designated collector streets; or for travelers's accommodations not having primary frontage on an arterial and within 200 feet of an arterial. Street designations shall be as determined by the Ashland Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 12 - b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 5. That the primary residence on the site be at least 20 years old. The primary residence may be altered and adapted for travelers's accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setbacks and lot coverages of the underlying zone. 6. Transfer of business-ownership of a traveler's accommodation shall be subject to all requirements of this section, and subjed te Cenditienal Use Perft'tit al'l're,,'al and conformance with the criteria of this section. All traveler's accommodations receiving their initial approvals prior to the effective date of this ordinance shall be considered as approved, conforming uses, with all previous approvals, conditions and requirements remaining in effect upon change of business-ownership. Any further modifications beyond the existing approvals shall be in conformance with all requirements of this section. 7. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. 8. That the property on which the travelers accommodation is operated is located within 200 feet of a collector or arterial street as designated in the City's Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial. L. Hostels, I're...ided that the fadlity be subjed te an annual TO'l'e I review fer at least the first three (3) }'ears, after whif:h tift'te the Planning Ceft'tft'tissien ft'taot' al'l're"J'e, under a TVl'e II I'ref:edure, a I'erft'tanent I'erft'tit fer the faeility. M. Disc antenna for commercial use. N. NonconforminQ use or structure chanQes reQuired by Section 18.68.090. O. New structures and additions to existinQ structures within a desiQnated Historic District which exceeds the Maximum Permitted Floor Area (MPFA). subiect to the Qeneral reQulations set forth in Section 18.24.040. P. TemDOrary uses. O. Wireless Communication Facilities when attached to existinQ structures and authorized Dursuant to Section 18.72.180. SECTION 32, 18.24.040 A.(l), R-2, General Regulations, Permitted Density, of the ~ Ashland Municipal Code, is amended to read as follows: 18.24.040 General Regulations A. Permitted Density and Minimum Lot Dimensions. 1. Base Densities and Minimum Lot Dimensions. The density of the development, including the density gained through bonus points, shall not exceed the density established by this section. The density shall be computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public. The minimum density shall be 80% of the calculated base density. Fractional portions of the answer shall not apply towards the total density. Base density for the R-2 zone shall be 13.5 dwelling units per acre, in addition to the followinQ standards and exceDtions: a. An accessory residential unit is not reQuired to meet density or minimum lot area reQuirements. Drovided the unit is not Qreater than fifty Dercent (500/0) of the Qross habitable floor area of the sinQle Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 13 - family residence on the lot and does not exceed 500 scuare feet of cross habitable floor area. IL-hewe'.;er, uUnits. not considered as an accessory residential unit and at less than 500 square feet of gross habitable area shall count as 0.75 units for the purposes of density calculations, '.vith the fellewiAg restridieAs. ~a. Minimum lot area for less than 2 units ttAtt--l shall be 5000 sq. ft. with a minimum width of 50' and minimum depth of 80'. ge.Minimum lot area for 2 units shall be 7,000 sq. ft. with a minimum width of 50' and a minimum depth of 80'. ge. Developments of 3 units or greater shall have minimum lot area in excess of 9000 sq. ft. itftEI. exceDt as determined by the base density and allowable bonus point calculations, and shall have a minimum width of 50' and a minimum depth of 80'. SECTION 33, 18.24.0401.1., R-2, General Regulations, Maximum Permitted Floor Area for single family dwellings on indiyiduallots within the Historic District, of the Ashland Municipal Code, is amended to read as follows: 18.24.040 General Regulations I. Maximum Permitted Floor Area for single family dwellings on individual lots within the Historic District. The maximum permitted floor area for single family primary dwellings on individual lots within the an Historic District shall be determined by the following: 1. The maximum permitted floor area shall include the total floor space of all floors (gross floor area) of the primary dwelling measured to the outside surfaces of the building, including but not limited to exterior walls, potential living spaces within the structure with at least 7' of head room and attached garages. The floor area shall not include basements, detached garages, detached accessory structures, or detached accessory residential units. Detached garages, accessory structures, or accessory residential units shall be separated from other structures by a minimum of 6', except that unenclosed breezeways or similar open structures may connect the structures. SECTION 34, 18.24.040 J.l., R-2, General Regulations, Maximum Permitted Floor Area for multiple dwellings on a single lot and new residential construction in Performance Standards Options land divisions created within an Historic District., of the Ashland Municipal Code, is amended to read as follows: 18.24.040 General Regulations J. Maximum Permitted Floor Area for multiple dwellings on a single lot and new residential construction in Performance Standards ODtions land divisions created within the an Historic District. The MPFA fer ",ultiple dwelliAgs eA a siAgle let withiA the Histerie District shall be determined by the following: 1. The MPFA shall include the total floor space of all floors (gross floor area) of the pri",ar't. dwelling units measured to the outside surfaces of the building1U, including but not limited to exterior walls, potential living spaces within the structure with at least 7' of head room and attached garages. The floor area shall not include basements, detached garages, detached accessory structures, or detached accessory residential units. Detached garages, accessory structures, or accessory residential units shall be separated from other structures by a Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 14 - minimum of 6', except that unenclosed breezeways or similar open structures may connect the structures. SECTION 35, Section 18.28.030, R-3, Conditional Uses, of the Ashland Municipal Code, is amended to read as follows: 18.28.030 Conditional Uses The following uses and their accessory uses are permitted when authorized in accordance with the Chapter on Conditional Use Permits: A. Churches and similar religious institutions. B. Parochial and private schools, business, dancing, trade, technical or similar schools. C. Manufactured housing developments, subject to Chapter 18.84. D. Public and quasi-public halls, lodges and clubs. E. Professional offices or clinics for an accountant, architect, attorney, dentist, designer, doctor, or other practitioner of the healing arts, engineer, insurance agent or adjuster, investment or management counselor or surveyor. F. Hospitals, rest, nursing and convalescent homes. G. Limited personal service establishments in the home, such as beauticians, masseurs, and the uses listed in subsection E above. H. Wholesale plant nurseries, including accessory structures. I. (Ord. 262453, 1991; DELETED Ord 294255;2007) J. Travelers accommodations, subject to the following: 1. That all residences used for travelers accommodation be business-owner occupied. The business-owner shall be required to reside on the property occupied by the accommodation, and occupancy shall be determined as the travelers accommodation location being the primary residence of the owner during operation of the accommodation. "Business-owner" shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement to specifically state that the property owner is not involved in the day to day operation or financial management of the accommodation, and that the business-owner is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. (ORD 2806 52, 1997) 2. That each accommodation unit shall have 1 off-street parking space, and the owners shall have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Title. 3. That only one ground or wall sign, constructed of a non-plastic material, non- interior illuminated of 6 sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers's accommodation in violation of 18.72.110. 4. That the number of accommodation units allowed shall be determined by the followi ng criteria: a. That the total number of units, including the owner's unit, shall be determined by dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed 9 per approved travelers accommodation with primary lot frontage on arterial streets. The maximum number of units shall be 7 per approved travelers accommodation with primary lot frontage on designated collector streets; or Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 15 - for travelers's accommodations not having primary frontage on an arterial and within 200 feet of an arterial. Street designations shall be as determined by the Ashland Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial. b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 5. That the primary residence on the site be at least 20 years old. The primary residence may be altered and adapted for travelers's accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setbacks and lot coverages of the underlying zone. 6. Transfer of business-ownership of a travelers accommodation shall be subject to all requirements of this section, al'ul suhjed to COAditioAal Use PerMit appro'."al and conformance with the criteria of this section. All travelers's accommodations receiving their initial approvals prior to the effective date of this ordinance shall be considered as approved, conforming uses, with all previous approvals, conditions and requirements remaining in effect upon change of business-ownership. Any further modifications beyond the existing approvals shall be in conformance with all requirements of this section. L. Hostels, pro"."ided that the facilit., he suhjed to aA aAAual T',pe I re'..iew for at least the first three (3) ,'ears, after which tiMe the PlaAAiA!I COMMissiOA MaY' appro~'e, uAder a T,'pe II procedure, a perMaAeAt perMit for the facility. M. Disc antenna for commercial use. N. Enlaraement. extension. reconstruction. substitution. structural alteration or reactivation of nonconformina uses and structures oursuant to Section 18.68.090. O. New structures and additions to existina structures within a desianated Historic District which exceeds the Maximum Permitted Floor Area (MPFA). subiect to the aeneral reaulations set forth in Section 18.28.040. P. Temoorarv uses. O. Wireless Communication Facilities when attached to existina structures and authorized oursuant to Section 18.72.180. SECTION 36, Section 18.28.040 A.l., R-3, General Regulations, Permitted Density, of the Ashland Municipal Code, is amended to read as follows: 18.28.040 General Regulations A. Permitted Density and Minimum Lot Dimensions 1. Base Densities and Minimum Lot Dimensions. The density of the development, including the density gained through bonus points, shall not exceed the density established by this section. The density shall be computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public. The minimum density shall be 80% of the calculated base density. Fractional portions of the answer shall not apply towards the total density. Base density for the R-3 zone shall be 20.0 dwelling units per acre, in addition to the followina standards and exceotions: a. An accessory residential unit is not reauired to meet density or minimum lot area reauirements orovided the unit is not areater than fifty oercent (SO%) of the aross habitable floor area of the sinale Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 16 - familv residence on the lot and does not exceed 500 scuare feet of cross habitable floor area. b. hevJe.,;er, uUnits, not considered as an accessory residential unit and ef-Iess than 500 square feet of gross habitable area shall count as 0.75 units for the purposes of density calculations, with the fellewing restrietiens. ~a. Minimum lot area for less than two (2) unit~ -1: shall be 5000 sq. ft. with a minimum width of 50' and minimum depth of 80' ,de. Minimum lot area for 2 units shall be 6,500 sq. ft. with a minimum width of 50' and a minimum depth of 80'. ge. Developments of 3 units or greater shall have minimum lot area in excess of 8000 sq. ft. aftEI exceDt as determined by the base density and allowable bonus point calculations, and shall have a minimum width of 50' and a minimum depth of 80'. SECTION 37, Section 18.28.0401.1., R-3, General Regulations, Maximum Permitted Floor Area for single family dwellings on individual lots within the Historic District of the Ashland Municipal Code, is amended to read as follows: I. Maximum Permitted Floor Area for single family dwellings on individual lots within the Historic District. The maximum permitted floor area for single family primary dwellings on individual lots within Nte--.ML-Historic District shall be determined by the following: 1. The maximum permitted floor area shall include the total floor space of all floors (gross floor area) of the primary dwelling measured to the outside surfaces of the building, including but not limited to exterior walls, potential living spaces within the structure with at least 7' of head room and attached garages. The floor area shall not include basements, detached garages, detached accessory structures, or detached accessory residential units. Detached garages, accessory structures, or accessory residential units shall be separated from other structures by a minimum of 6', except that unenclosed breezeways or similar open structures may connect the structures. SECTION 38, Section 18.28.040 J.l., R-3, General Regulations, Maximum Permitted Floor Area for multiple dwellings on a single lot and new residential construction in Performance Standards Options land divisions created within an Historic District. of the Ashland Municipal Code, is amended to read as follows: J. Maximum Permitted Floor Area for multiple dwellings on a single lot and new residential construction in Performance Standards Options land divisions created within tfte an Historic District. The MPFA fer It1l:1lti('le dT....ellings en a single let within the Histerie Distriet shall be determined by the following: 1. The MPFA shall include the total floor space of all floors (gross floor area) of the ('rilt1ar'; dwelling units measured to the outside surfaces of the buildingli), including but not limited to exterior walls, potential living spaces within the structure with at least 7' of head room and attached garages. The floor area shall not include basements, detached garages, detached accessory structures, or detached accessory residential units. Detached garages, accessory structures, or accessory residential units shall be separated from other structures by a minimum of 6', except that unenclosed breezeways or similar open structures may connect the structures. SECTION 39, Section 18.30.020, NM General Regulations, of the Ashland Municipal Code, is amended to read as follows: Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 17 - 18.30.020 , NM General Regulations A. Conformance with North Mountain Neighborhood Plan. Land uses, streets, alleys and pedestrian/bicycle access ways shall be located in accordance with those shown on the North Mountain Neighborhood Plan adooted bv Ordinance No. 2800. 1. Major and Minor Amendments a. Major amendments are those which result in any of the following: (1) A change in land use. (2) A change in the street layout plan that requires a street to be eliminated or to be located in such a manner as to not be consistent with the neighborhood plan. (3) A change in the North Mountain Neighborhood Design Standards. (4) A change in planned residential density. (5) A change not specifically listed under the major and minor amendment definitions. b. Minor amendments are those which result in any of the following: (1) Changes related to street trees, street furniture, fencing, or signage. (2) A change in the street layout that requires a local street, alley, easement, pedestrian/bicycle accessway or utility to be shifted more than 50 feet in any direction, as long as the change maintains the connectivity established by the neighborhood plan. 2. Major Amendment Type II Procedure. A major amendment to the neighborhood plan shall be processed as a Type II planning action concurrently with specific development proposals. In addition to complying with the standards of this section, findings must demonstrate that: a. The proposed modification maintains the connectivity established by the neighborhood plan; b. The proposed modification furthers the design and access concepts advocated by the neighborhood plan, including but not limited to pedestrian access, bicycle access, and de-emphasis on garages as a residential design feature; c. The proposed modification will not adversely affect the purpose, objectives, or functioning of the neighborhood plan. d. The proposed modification is necessary to adjust to physical constraints evident on the property, or to protect significant natural features such as trees, rock outcroppings, wetlands, ete...-or similar natural features, or to adjust to existing property lines between project boundaries. 3. Minor Amendment Type I Procedure. A minor amendment to the neighborhood plan may be approved as a Type I planning action concurrently with specific development proposals. The request for a minor amendment shall include findings that demonstrate that the change will not adversely affect the purpose, objectives, or functioning of the neighborhood plan. 4. Utilities shall be installed underground to the greatest extent feasible. Where possible, alleys shall be utilized for utility location, including transformers, pumping stations, etc... B. Lots With Alley Access. If the site is served by an alley, access and egress for motor vehicles shall be to and from the alley. In such cases, curb openings along the street frontage are prohibited. C. Street, Alley and Pedestrian/bicycle Accessway Standards. The standards for street, alley, and pedestrian/bicycle accessway improvements shall be as designated in the North Mountain Neighborhood Design Standards. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 18 - D. Minimum Density. Proposals resulting in the creation of additional parcels or greater than three units on a single parcel shall provide for residential densities between 75 to 110 percent of the base density for a given overlay, unless reductions in the total number of units is necessary to accommodate significant natural features, topography, access limitations or similar physical constraints. (Proposals involving the development of neighborhood commercial businesses and services shall be exempt from the above requirements). E. Density Transfer. Density transfer within a project from one overlay to another may be approved if it can be shown that the proposed density transfer furthers the design and access concepts advocated by the neighborhood plan, and provides for a varietv of residential unit sizes. tVDes and architectural stvles. a Elh..ersit',. iR size aREI stv1e at housing t~.pes. F. Drive-Up Uses. Drive-Up uses are not permitted within the North Mountain Neighborhood Plan area. G. Performance Standards Overlay. All applications involving the creation of three or more lots shall be processed under the Performance Standards Option chapter 18.88. H. Fencing. No fencing exceeding three feet in height shall be allowed in the front lot area between the structure and the street. No fencing shall be allowed in areas designated as Floodplain Corridor. I. Adjustment of Lot Lines. As part of the approval process for specific development proposals, adjustments to proposed lot lines may be approved consistent with the density standards of the neighborhood plan zoning district. SECTION 40, Section 18.30.030, NM-C Neighborhood Central Overlay, of the Ashland Municipal Code, is amended to read as follows: 18.30.030, NM-C Neighborhood Central Overlay A. Permitted Density. The density shall be computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public. Fractional portions of the answer shall not apply towards the total density. Base density for the Neighborhood Central Overlay shall be 20 units per acre, however, units of less than 500 square feet of gross habitable area shall count as 0.75 units for the purposes of density calculations. B. Off-Street Parking. In all areas within the Neighborhood Central Overlay, all uses are not required to provide off-street parking or loading areas, except for residential uses where one space shall be provided per residential unit. All parking areas shall comply with the Off-Street Parking chapter and the Site Review chapter. C. Area, Yard Requirements: There shall be no minimum lot area, lot coverage, front yard, side yard or rear yard requirement, except as required under the Off-Street Parking Chapter or where required by the Site Review Chapter. D. Solar Access: The solar setback shall not apply in the Neighborhood Central Overlay. E. Permitted Uses. The following uses are permitted in the NM-C overlay subject to conditions limiting the hours and impact of operation; 1. Residential Uses, subject to the above density requirements. 2. Home Occupations. 3. Parks and Open Spaces. 4. Agriculture. 5. Neighborhood Oriented Retail Sales and Personal Services, with each building limited to 3,500 square feet of total floor area. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 19 - 6. Professional Offices, with each building limited to 3,500 square feet of total floor area. 7. Restaurants. 8. Manufacturing or assembly of items sold in a permitted use, provided such manufacturing or assembly occupies 600 square feet or less, and is contiguous to the permitted retail outlet. 9. Basic Utility Providers, such as telephone or electric providers, with each building limited to 3,500 square feet of total floor area. 10. Community Services, with each building to 3,500 square feet of total floor area. 11. Churches or Similar Religious Institutions, when the same such use is not located on a contiguous property, nor more than two such uses in a given Overlay. 12. Neighborhood Clinics, with each building limited to 3,500 square feet of total floor area. F. Conditional Uses. 1. Temporary Uses. 2. Public Parking Lots. G. Lot Coveraae: Maximum lot coveraae shall be seventv-five (75) oercent. SECTION 41, Section 18.30.040. C., NM-MF Neighborhood Core Overlay, Yard Requirements, of the Ashland Municipal Code, is amended to read as follows: 18.30.040, Neighborhood Core Overlay NM-MF C. Yard Requirements 1. Front Yards. Front vard setbacks sShall be a minimum of ten (101 feet and a maximum of twentv-five (251 feet, excluding garages. Front yards may be reduced to five (51 feet for unenclosed porches with a minimum depth of six ~feet and a minimum width of eiaht (8) feet. Garages shall be setback a minimum of fifteen (151 feet from the front building facade and twentv (201 feet from the sidewalk. No greater than 50 percent (500/0) of the total lineal building facade facing the street shall consist of garage, carport or other covered parking space. 2. Side Yards. Side vard setbacks shall be a minimum of fFive ill feet Jtef" for the first story, excluding half-stories and upper floor dormer space. five (5) feet for each additional storv. and. =F ~en U.Q1Jeet when abutting a public street. Single story, detached garages and accessory structures shall have a minimum three Q,Lfoot side yard, except that no side yard is required for accessory buildings sharing a common wall. 3. Rear Yards. Ten feet per story, with the exception of upper floor dormer space which may be setback 15 feet. Single story, detached garages and accessory buildings, and two story accessory buildings adjacent to an alley shall have a minimum rear yard of four feet. SECTION 42, Section 18.30.050.C. and F, NM-R-1-5 Neighborhood General Overlay, Yard Requirements, and Lot Coverage of the Ashland Municipal Code, is amended to read as follows: 18.30.050, Neighborhood General Overlay NM-R-1-5 C. Yard Requirements Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 20 - 1. Front Yards. Front yard setbacks sShal1 be a minimum of ten (101 feet and a maximum of twenty-five (251 feet, excluding garages. Front yards may be reduced to five (51 feet for unenclosed porches with a minimum depth of six ~feet and a minimum width of eiaht (8) feet. Garages shall be setback a minimum of fifteen (151 feet from the front building facade and twenty (201 feet from the sidewalk. No greater than 50 percent (500/0) of the total lineal building facade facing the street shall consist of garage, carport or other covered parking space. 2. Side Yards. Side yard setbacks shall be a minimum of fFive ill feet pet" for the first story, excluding half-stories and upper floor dormer space, five (5) feet for each additional story, and. =F .ten f!.Ql.feet when abutting a public street. Single story, detached garages and accessory structures shall have a minimum three Ul..foot side yard, except that no side yard is required for accessory buildings sharing a common wall. 3. Rear Yards. Ten feet per story, with the exception of upper floor dormer space which may be setback 15 feet. Single story, detached garages and accessory buildings, and two story accessory buildings adjacent to an alley shall have a minimum rear yard of four feet. D. Permitted Uses. 1. Residential Uses, subject to the above density requirements. 2. Home Occupations. 3. Parks and Open Spaces. 4. Agriculture. E. Special Permitted Uses. 1. Accessory Residential Units, subject to the following requirements: a. The proposal must comply with lot coverage and setback requirements of the underlying zone. b. That the maximum number of dwellings not exceed two per lot. e. That the maximum gross habitable floor area (GHFA) of the accessory residential unit not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 750 sq. ft. GHFA. Second story accessory residential units constructed above a detached accessory building shall not exceed 500 sq. ft. GHFA. d. Additional parking shall be in conformance with the Off-Street Parking provisions for single-family dwellings of this title. 2. Community Services, with each building limited to 2,500 square feet of total floor area. F. Lot Coverage: Maximum lot coverage shall be fifty percent (500/0). SECTION 43, Section 18.30.060.C.and G, NM-R-1-7.5 Neighborhood Edge Overlay, Yard Requirements and Lot Coverage, of the Ashland Municipal Code, is amended to read as follows: 18.30.060, Neighborhood Edge Overlay NM-R-1-7.5 C. Yard Requirements Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 21 - 1. Front Yards. Front yard setbacks sShall be a minimum of ten (101 feet and a maximum of twenty-five (251 feet, excluding garages. Front yards may be reduced to five (5} feet for unenclosed porches with a minimum depth of six ~feet and a minimum width of eiaht (8) feet. Garages shall be setback a minimum of fifteen (151 feet from the front building facade and twenty (201 feet from the sidewalk. No greater than 50 percent (500/0) of the total lineal building facade facing the street shall consist of garage, carport or other covered parking space. 2. Side Yards. Side yard setbacks shall be a minimum of fFive ~feet ~ for the first story, excluding half-stories and upper floor dormer spaceL five (5) feet for each additional story. and. =F ten .L!Ql..feet when abutting a public street. Single story, detached garages and accessory structures shall have a minimum three Ql.foot side yard, except that no side yard is required for accessory buildings sharing a common wall. 3. Rear Yards. Ten feet per story, with the exception of upper floor dormer space which may be setback 15 feet. Single story, detached garages and accessory buildings, and two story accessory buildings adjacent to an alley shall have a minimum rear yard of four feet. D. Permitted Uses. 1. Residential Uses, subject to the above density calculations. 2. Home Occupations. 3. Parks and Open Spaces. 4. Agriculture E. Special Permitted Uses. 1. Accessory Residential Units, subject to Site Review approval under a Type I Procedure and the following requirements: a. The proposal must comply with lot coverage and setback requirements of the underlying zone. b. That the maximum number of dwellings not exceed two per lot. e. That the maximum gross habitable floor area (GHFA) of the accessory residential unit not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 750 sq. ft. GHFA. Second story accessory residential units constructed above a detached accessory building shall not exceed 500 sq. ft. GHFA. d. Additional parking shall be in conformance with the Off-Street Parking provisions for single-family dwellings of this title. F. Floodplain Corridor 1. Developments including lands within the identified floodplain corridor, including street development, shall comply with the following requirements: a. A hydrologic study prepared by a geotechnical expert shall be submitted concurrently with specific development proposals indicating the impact of the development on the floodplain corridor, and all efforts to be taken to mitigate negative impacts from flooding in the area of the floodplain corridor and areas of historic flooding. b. The design of Greenway Drive, as indicated on the neighborhood plan, shall incorporate flood protection measures, as determined by a geotechnical expert, in the overall design of the new street. Such protection measures shall address flooding in the floodplain corridor and in areas of historic flooding. c. A grading plan for the overall development, indicating grade relationships between the development and the floodplain corridor, shall be included with the specific development proposal. A statement shall be included, prepared by a geotechnical expert or licensed surveyor, indicating that the finish grade for all buildable areas outside of the floodplain corridor shall be at or above the Ashland floodplain corridor elevations indicated on the officially adopted city maps. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 22 - G. Lot CoveraQe: Maximum lot coveraQe shall be forty-five oercent (450/0 ). SECTION 44, 18.32.025.0., C-1, Retail Commercial District, Special Permitted Uses, Residential Uses, of the Ashland Municipal Code, is amended to read as follows: 18.32.025 Special Permitted Uses D. Residential uses. 1. At least 65% of the total gross floor area of the ground floor, or at least 50% of the total lot area if there are multiple buildings shall be designated for permitted or special permitted uses, excluding residential. 2. Residential densities shall not exceed 30 dwelling units per acre in the C-l District, and 60 dwelling units per acre in the C-l-D District. For the ouroose of density calculations, units of less than 500 square feet of Qross habitable floor area shall count as 0.75 of a unit. 3. Residential uses shall be subject to the same setback, landscaping, and design standards as for permitted uses in the underlying C-l or C-l-D District. 4. Off-street parking shall not be required for residential uses in the C-l-D District. 5. If the number of residential units exceeds 10, then at least 10% of the residential units shall be affordable for moderate income persons in accord with the standards established by resolution of the Ashland City Council through procedures contained in the resolution. The number of units required to be affordable shall be rounded down to the nearest whole unit. SECTION 45, 18.32.025.E., C-1, Retail Commercial District, Special Permitted Uses, Drive Up uses, of the Ashland Municipal Code, is amended to read as follows: 18.32.025 Special Permitted Uses E. Drive-up uses as defined and regulated as follows: 1. Drive-up uses may be approved in the C-l District only, and onlv in the area east of a line drawn oeroendicular to Ashland Street at the intersection of Ashland Street and Siskiyou Boulevard. 2. Drive-up uses are prohibited in Ashland's Historic Interest Area as defined in the Comprehensive Plan. a. Dri'J'e up t1ses rna', a..I", be alla".tieEl i.. the C 1 Elistrids east af a Ii..e Elrai"" perpe..Elietllar ta Ashla..EI Street, at the i..tersedia.. af Ashla..EI Street a..EI Sisld"latl Batlle'J'arEl. 3.4 Drive-up uses are subject to the following criteria: a. The average waiting time in line for each vehicle shall not exceed five minutes. Failure to maintain this average waiting time may be grounds for revocation of the approval. b. All facilities providing drive-up service shall provide at least two designated parking spaces immediately beyond the service window or provide other satisfactory methods to allow customers requiring excessive waiting time to receive service while parked. c. A means of egress for vehicular customers who wish to leave the waiting line shall be provided. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 23 - d. The grade of the stacking area to the drive-up shall either be flat or downhill to eliminate excessive fuel consumption and exhaust during the wait in line. e. The drive-up shall be designed to provide as much natural ventilation as possible to eliminate the buildup of exhaust gases. f. Sufficient stacking area shall be provided to ensure that public rights-of-way are not obstructed. g. The sound level of communications systems shall not exceed 55 decibels at the property line and shall otherwise comply with the Ashland Municipal Code regarding sound levels. h. The number of drive-up uses shall not exceed the 12 in existence on July 1, 1984. Drive-up uses may be transferred to another location in accord with all requirements of this section. The number of drive-up window stalls shall not exceed 1 per location, even if the transferred use had greater than one stall. SECTION 46, 18.32.030, C-l, Retail Commercial District Conditional Uses, of the Ashland Municipal Code, Is amended to read as follows: 18.32.030 Conditional Uses. The following uses and their accessory uses are permitted when authorized in accordance with the chapter on Conditional Use Permits: A. Electrical substations. B. Automobile fuel sales, and automobile and truck repair facilities, except as allowed as a special permitted use in 18.32.025. C. New and used car sales, boat, trailer, and recreational vehicles sales and storage areas, except within the Historic Interest Area as defined in the Comprehensive Plan. D. Hotels and motels. E. Temporary uses. F. Outdoor storage of commodities associated with a permitted, special permitted or conditional use. G. Hostels, provided that the facility be subject to an annual Type I review for at least the first three years, after which time the Planning Commission may approve, under a Type II procedure, a permanent permit for the facility. H. Building material sales yards, but not including concrete or asphalt batch or mixing plants. I. Churches or similar religious institutions. J. Wireless Communication Facilities not oermitted outriQht and authorized oursuant to Section 18.72.180. K. Structures which are Qreater than fortv (40) feet in heiQht. but less than fiftv-five (55) feet. in the "0" Downtown Overlav District. SECTION 47, 18.40.020, E-l, Employment District, Permitted Uses, of the Ashland Municipal Code, is amended to read as follows: 18.40.020 Permitted Uses. The following uses and their accessory uses are permitted outright, subject to the requirements of Chapter 18.72, Site Design and Use Standards: A. Professional, financial, and business and medical offices, and personal service establishments. B. Stores, shops and offices supplying commodities or performing services, except that retail uses shall be limited to no greater than 20,000 sq. ft. of gross leasable floor space per lot. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 24 - C. Restaurants. (Ord 2812, S4 1998) D. Electrical, furniture, plumbing shop, printing, publishing, lithography or upholstery. E. Light manufacturing, assembly, fabricating, or packaging of products from previously prepared materials, such as cloth, plastic, wood (not including saw, planing, or lumber mills or molding plants), paper, cotton, precious or semi-precious metals or stone. F. Manufacture of electric, electronic, or optical instruments and devices. G. Administrative or research establishments. H. Motion picture, television, or radio broadcasting studios operating at an established or fixed location. 1. Mortuaries and crematoriums. J. Building material sales yards, but not including concrete or asphalt batch or mixing plants. K. Kennels and veterinary clinics, with all animals housed within structures. L. Bakeries M. Public and quasi-public utility and service buildings and yards, structures, and public parking lots, but excluding electrical substations. N. Manufacture of pharmaceutical and similar items. O. Wireless Communication Facilities Dermitted outright Dursuant to Section 18.72.180. SECTION 48, 18.40.030.E., E-1, Employment District, Special Permitted Uses, Residential Uses, of the Ashland Municipal Code, is amended to read as follows: 18.40.030, Special Permitted Uses E. Residential uses. 1. At least 65% of the total gross floor area of the ground floor, or at least 50% of the total lot area if there are multiple buildings shall be designated for permitted or special permitted uses, excluding residential. 2. Residential densities shall not exceed 15 dwelling units per acre. For the DurDose of density calculations. units of less than 500 sguare feet of gross habitable floor area shall count as 0.75 of a unit. 3. Residential uses shall be subject to the same setback, landscaping, and design standards as for permitted uses in the E-1 District. 4. Residential uses shall only be located in those areas indicated as R-Overlay within the E-1 District, and shown on the official zoning map. 5. If the number of residential units exceed 10, then at least 10% of the residential units shall be affordable for moderate income persons in accord with the standards established by resolution of the Ashland City Council through procedures contained in the resolution. The number of units required to be affordable shall be rounded down to the nearest whole unit. SECTION 49, 18.40.040, E-1,Employment District, Conditional Uses, of the Ashland Municipal Code, is amended to read as follows: 18.40.040 Conditional Uses The following uses and their accessory uses are permitted when authorized in accordance with the chapter on Conditional Use Permits: A. Electrical substations. B. Mini-warehouses and similar storage areas. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 25 - C. Contractor equipment storage yards or storage and rental of equipment commonly used by a contractor. D. Automobile fuel sales. E. New and used car sales, boat, trailer and recreational vehicles sales and storage areas, provided that the use is not located within the Historic Interest Area as defined in the Comprehensive Plan. F. Hotels and motels. G. Any use which involves outside storage of merchandise, raw materials, or other material associated with the primary use on the site. H. Private college, trade school, technical school, or similar school. I. Cabinet, carpentry, machine, and heating shops, if such uses are located less than or equal to 200' from the nearest residential district. J. Cold storage plants, if such uses are located less than or equal to 200' from the nearest residential district. K. Automotive body repair and painting, including paint booths. 1. The use shall not be located within 200' of the nearest residentially zoned property. 2. All objectionable odors associated with the use shall be confined to the lot, to the greatest extent feasible. For the purposes of this provision, the standard for judging "objectionable odors" shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected. 3. The use shall comply with all requirements of the Oregon Department of Environmental Quality. L. Churches and similar religious institutions M. Nightclubs and Bars. N. Theaters (excluding drive-in) and similar entertainment uses. O. TemDorarv uses. P. Wireless Communication Facilities not Dermitted outriaht and authorized Dursuant to Section 18.72.180. SECTION 50, 18.52.030, M-l, Industrial District, Conditional Uses, of the Ashland Municipal Code, is amended to read as follows: 18.52.030 Conditional Uses. The following uses and their accessory uses are permitted when authorized in accordance with the chapter on Conditional Use Permits: A. Junkyard and auto wrecking yards. B. Kennels and veterinary clinics. C. Banks, restaurants or other convenience establishments designed to serve persons working in the zone only. D. Concrete or asphalt batch or mixing plants. E. TemDorarv uses. F.. Wireless Communication Facilities not Dermitted outriaht and authorized Dursuant to Section 18.72.180. SECTION 51, 18.54.030, HC, Health Care Services Zone, Conditional Uses, of the Ashland Municipal Code, is amended to read as follows: 18.54.030 Conditional Uses Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 26 - The following uses and their accessory uses are permitted when authorized in accordance with the Chapter on Conditional Use Permits: A. Limited personal service providers in the home, such as beauticians and masseurs. B. Travelers' accommodations, subject to the requirements of the R-2 zone. C. Professional offices for an accountant, architect, attorney, designer, engineer, insurance agent or adjuster, investment or management counselor or surveyor. D. Any medically-related use, located on City-owned property, that is not specifically allowed by the Ashland Community Hospital Master Facility Plan. E. Wireless Communication Facilities authorized pursuant to Section 18.72.180. SECTION 52, 18.61.020.A., Tree Preservation and Protection, , Definitions, of the Ashland Municipal Code, is amended to read as follows: 18.61.020 Definitions. A. Arborist means a person licensed bv the State of OreQon State Landscape Contractors Board or Construction Contractors Board who has Met the criteria far ~certified catia.. as an arborist from the International Society of Arboriculture or American Society of Consulting Arborists, a..d Mai..tai..s his ar her aeereditatia... SECTION 53, 18.61.020.E., Tree Preservation and Protection, Definitions, of the Ashland Municipal Code, is amended to read as follows: 18.61.020 Definitions. D. Diameter at breast height or DBH means the diameter of the trunk thiftIt, at its maximum cross section, measured 54 inches (4 1/2 feet) above Mea.. ground level at the base of the trunk. On sloped lands. the measurement shall be taken on the uphill side of tree. SECTION 54, 18.61.035, Tree Preservation and Protection, Exempt Tree Removal Activities, of the Ashland Municipal Code, is amended to read as follows: 18.61.035 Exempt Tree Removal Activities. The following activities are exempt from the requirement for tree removal permits: A. Those activities associated with the establishment or alteration of any public park under the Ashland Parks and Recreation Commission. However, the Ashland Parks and Recreation Department shall provide an annual plan in January to the Tree Commission outlining proposed tree removal and topping activities, and reporting on tree removal and topping activities that were carried out in the previous year. B. Removal of trees in single family residential zones on lots occupied only by a single family detached dwelling and associated accessory structures, except as otherwise regulated by the Physical and Environmental Constraints ordinance (18.62. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 27 - C. Removal of trees in multi-family residential zones on lots occupied only by a single family detached dwelling and associated accessory structures, except as otherwise regulated by the Physical and Environmental Constraints ordinance (18.62). D. Removal of trees less than 6" DBH in any zone, excluding those trees located within the public right of way or required as conditions of approval with landscape improvements for planning actions. E. Removal of trees less than 18" DBH on any public school lands, Southern Oregon University, and other public land,.,....&ttt-excluding Heritage trees aAd street trees ...",ithiA the l't1bUe right af Via",.. F. Removal of trees within the Wildfire Lands area of the City, as defined on adopted maps, for the purposes of wildfire fuel management, and in accord with the requirements of the Physical and Environmental Constraints Chapter- 18.62. G. Removal of dead trees. H. Those activities associated with tree trimming for safety reasons, as mandated by the Oregon Public Utilities Commission, by the City's Electric and Telecommunication Utility. However, the Utility shall provide an annual plan to the Tree Commission outlining tree trimming activities and reporting on tree trimming activities that were carried out in the previous year. Tree trimming shall be done, at a minimum, by a Journeyman Tree Trimmer, as defined by the Utility, and will be done in conformance and to comply with OPUC regulations. I. Removal of street trees within the DubUc riaht-of-wav subiect to street tree removal Dermits in AMC 13.16. SECTION 55, 18.61.042.8., Tree Preservation and Protection, Approval and Permit Required, Verification Permit, of the Ashland Municipal Code, is amended to read as follows: 18.61.042, Approval and Permit Required B. TREE REMOVAL - VERIFICATION PERMIT: 1. If a site has received development approval through a planning action consistent with the standards of this chapter, then a Verification Permit shall be required for those trees approved for removal through that process. To obtain a verification permit, an applicant must clearly identify on the property the trees to be removed by tying pink tagging tape around each tree and submitting a site plan indicating the location of the requested trees. Vegetation 4" to 6" DBH that is to be removed shall also be marked with pink tagging tape. The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application. The Staff Advisor will then verify that the requested trees match the site plan approved with the planning action. The City shall require the applicant to mitigate for the removal of each tree pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the original development permit. 2. Verification permits shall be required prior to the issuance of an excavation Dermit or building permit and Drior to anv site disturbance and/or storaae of materials on f&f' the subject property. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 28 - SECTION 56, 18.61.042.0., Tree Preservation and Protection, Approval and Permit Required, Tree Removal, staff Permit, of the Ashland Municipal Code, is amended to read as follows: D. TREE REMOVAL - STAFF PERMIT: 1. Tree Removal-SHtH Permits are required for the following activities: a. Removal of trees greater than 6" DBH on any private lands zoned C-I, E-I, M- I, or He. b. Removal of trees greater than 6" DBH on multi-family residentially zoned lots (R-2, R-3, and R-1-3.5) not occupied solely by a single family detached dwelling. c. Removal of significant trees on vacant property zoned for residential purposes including but not limited to R-I, RR, WR, and NM zones. d. Removal of significant trees on lands zoned SOU, on lands under the control of the Ashland School District, or on lands under the control of the City of Ashland. 2. Applications for Tree Removal - SHtH Permits shall be reviewed and approved by the Staff Advisor pursuant to AMC 18.61.080 (Approval Criteria) and 18.108.0a~0 (~ I ProcedureNetiee RequiremeAts). If the tree removal is part of another planning action involving development activities, the tree removal application, if timely filed, shall be processed concurrently with the other planning action. SECTION 57, 18.61.050.A., Tree Preservation and Protection, Plans Required, of the Ashland Municipal Code, is amended to read as follows: 18.61.050 PIafts Submittal Requirements.a A. An application for all Tree Removal and Tree Topping Permits shall be made I:Il'eA ferms I'rescribed b"," the Cit't". The al'l'lieatieA fer a Tree RemeV'al Permits include: a. Plans drawn to scale shaH contain.in9..-a..t=Fhe number, size, species and location of the trees proposed to be removed or topped on a site plan of the property. b. The anticipated date of removal or topping. c. A statement of the reason for removal or topping. d. Information concerning proposed landscaping or planting of new trees to replace the trees to be removed, and e. Evidence that the trees proposed for removal or toppinaed have been clearly identified on the property for visual inspection. f. A Tree Protection Plan that includes trees located on the subiect site that are not DroDosed for removal. and anv off-site trees where driD lines extend into DroDosed landscaDed areas on the subiect site. Such Dlans shall conform to the Drotection reauirements under Section 18.61.200, 9:-Any other information reasonably required by the City. SECTION 58, 18.61.080.8., Tree Preservation and Protection, Criteria for Issuance of Tree Removal Staff Permit, of the Ashland Municipal Code, is amended to read as follows: 18.61.080 Criteria for Issuance of Tree Removal Staff Permit Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 29 - An applicant for a Tree Removal Staff Permit shall demonstrate that the following criteria are satisfied. The Staff Advisor may require an arborist's report to substantiate the criteria for a permit. B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following: 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards. including but not limited to . (e.g. ather applicable Site Design and Use Standards and Phvsical and Environmental Constraints). The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application; and 2. 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; and 3. 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. Nothing in this section shall require that the residential density 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 or alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Ashland Land Use Ordinance. 4. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall be.a condition of approval of the permit. SECTION 59, 18.61.084, Tree Preservation and Protection, Mitigation Required, of the Ashland Municipal Code, is amended to read as follows: 18.61.084, Mitigation Required An applicant ft'tity shall be required to provide mitigation for any tree approved for removal. The mitigation requirement shall be satisfied by one or more of the following: A. Replanting on site. The applicant shall plant either a minimum 1 'f2-inch caliper healthy and well-branched deciduous tree or a 5-6 foot tall evergreen tree for each tree removed. The replanted tree shall be of a species that will eventually equal or exceed the removed tree in size if appropriate for the new location. Larger trees mav be reguired where the mitigation is intended, in Dart, to reDlace a visual screen between land uses. "Suitable" sDecies means the tree's growth habits and environmental reguirements are conducive to Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 30 - the site. aiven the existina toooaraohv. soils. other veaetation. exoosure to wind and sun. nearby structures. overhead wires. etc. The tree shall be planted and maintained according to the specifications in the City Tree Planting and Maintenance Guidelines as approved by the City Council. B. Replanting off site. If in the City's determination there is insufficient available space on the subject property, the replanting required in subsection A shall occur on other property in the applicant's ownership or control within the City, in an open space tract that is part of the same subdivision, or in a City owned or dedicated open space or park. Such mitigation planting is subject to the approval of the authorized property owners. If planting on City owned or dedicated property, the City may specify the species and size of the tree. Nothing in this section shall be construed as an obligation of the City to allow trees to be planted on City owned or dedicated property. C. Payment in lieu of planting. If in the City's determination no feasible alternative exists to plant the required mitigation, the applicant shall pay into the tree account an amount as established by resolution of the City Council. D. An aooroved mitiaation olan shall be fullv imolemented within one vear of a tree beina removed unless otherwise set forth in a tree removal aoolication and aooroved in the tree removal oermit. SECTION 60, 18.61.092, Tree Preservation and Protection, Expiration of Tree Removal Permits, of the Ashland Municipal Code, is amended to read as follows: 18.61.092, Expiration of Tree Removal Permits Tree removal permits shall remain valid for a period of one vear189 days from the date of issuance or date of final decision by a hearing body, if applicable. A 30 day extension shall be automatically granted by the Staff Advisor if requested in writing before the expiration of the permit. Permits that have lapsed are void. Trees removed after a tree removal permit has expired shall be considered a violation of this Chapter. SECTION 61, 18.62.040.H., Physical and Environmental Constraints, Approval and Permit Required, Plans Required of the Ashland Municipal Code, is amended to read as follows: 18.62.040 Approval and Permit Required. H. Plans Required. The following plans shall be required for any development requiring a Physical Constraints Review: 1. The plans shall contain the following: a. Project name. b. Vicinity map. c. Scale (the scale shall be at least one inch equals 50 feet or larger) utilizing the largest scale that fits on 22" x 34" paper. Multiple plans or layers shall be prepared at the same scale, excluding detail drawings. The Staff Advisor may authorize different scales and olan sheet sizes for oroiects. orovided the olans orovide sufficient information to c1earlv identify and evaluate the aoolication reauest. d. North arrow. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 31 - e. Date. f. Street names and locations of all existing and proposed streets within or on the boundary of the proposed development. g. Lot layout with dimensions for all lot lines. h. Location and use of all proposed and existing buildings, fences and structures within the proposed development. Indicate which buildings are to remain and which are to be removed. i. Location and size of all public utilities affected by the proposed development. j. Location of drainage ways or public utility easements in and adjacent to the proposed development. Location of all other easements. k. topographic map of the site at a contour interval of not less than two feet nor greater than five feet. The topographic map shall also include a slope analysis, indicating buildable areas, as shown in the graphic. I. Location of all parking areas and spaces, ingress and egress on the site, and on-site circulation. m Accurate locations of all existing natural features including, but not limited to, all trees as required in 18.62.080.D.1, including those of a caliper equal to or greater than six inches d.b.h., native shrub masses with a diameter of ten feet or greater, natural drainage, swales, wetlands, ponds, springs, or creeks on the site, and outcroppings of rocks, boulders, etc. Natural features on adjacent properties potentially impacted by the proposed development shall also be included, such as trees with driplines extending across property lines. In forested areas, it is necessary to identify only those trees which will be affected or removed by the proposed development. Indicate any contemplated modifications to a natural feature. n. The proposed method of erosion control, water runoff control, and tree protection for the development as required by this chapter. o. Building envelopes for all existing and proposed new parcels that contain only buildable area, as defined by this Chapter. p. Location of all irrigation canals and major irrigation lines. q. Location of all areas of land disturbance, including cuts, fills, driveways, building sites, and other construction areas. Indicate total area of disturbance, total percentage of project site proposed for disturbance, and maximum depths and heights of cuts and fill. r. Location for storage or disposal of all excess materials resulting from cuts associated with the proposed development. s. Applicant name, firm preparing plans, person responsible for plan preparation, and plan preparation dates shall be indicated on all plans. t. Proposed timeline for development based on estimated date of approval, including completion dates for specific tasks. 2. Additional plans and studies as required in Sections 18.62.070, 18.62.080, 18.62.090 and 18.62.100 of this Chapter. SECTION 62, 18.62.0S0.A., Physical and Environmental Constraints, Land Classifications, Flood plain Corridor Lands, of the Ashland Municipal Code, is amended to read as follows: 18.62.050 Land Classifications. The following factors shall be used to determine the classifications of various lands and their constraints to building and development on them: Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 32 - A. Flood plain Corridor Lands - Lands with potential stream flow and flood hazard. The following lands are classified as Flood plain Corridor lands: 1. All land contained within the 100 year Flood plain as defined by the Federal Flood Insurance Proaram Emerge.u:y ~4aRagemeRt AgeRe-j, and in maps adopted by Chapter 15.10 of the Ashland Municipal Code. 2. All land within the area defined as Flood plain Corridor land in maps adopted by the Council as provided for in section 18.62.060. 3. All lands which have physical or historical evidence of flooding in the historical past. 4. All areas within 20 feet (horizontal distance) of any creek designated for Riparian Preservation in 18.62.050.B and depicted as such on maps adopted by the Council as provided for in section 18.62.060. 5. All areas within ten feet (horizontal distance) of any drainage channel depicted on maps adopted by the Council but not designated as Riparian Preservation. SECTION 63, 18.62.070. A. , Physical and Environmental Constraints, Development Standards for Flood Plain Corridor Lands, Standards for Fill, of the Ashland Municipal Code, is amended to read as follows: 18.62.070 Development Standards for Flood plain Corridor Lands. For all land use actions which could result in development of the Flood plain Corridor, the following is required in addition to any requirements of Chapter 15.10: A. Standards for fill in Flood plain Corridor lands: 1. Fill shall be designed as required by the URiferm International Building Code and International Residential Code, Chapter 79, where applicable. 2. The toe of the fill shall be kept at least ten feet outside of floodway channels, as defined in section 15.10, and the fill shall not exceed the angle of repose of the material used for fill. 3. The amount of fill in the Flood plain Corridor shall be kept to a minimum. Fill and other material imported from off the lot that could displace floodwater shall be limited to the following: a. Poured concrete and other materials necessary to build permitted structures on the lot. b. Aggregate base and paving materials, and fill associated with approved public and private street and driveway construction. c. Plants and other landscaping and agricultural material. d. A total of 50 cubic yards of other imported fill material. e. The above limits on fill shall be measured from April 1989, and shall not exceed the above amounts. These amounts are the maximum cumulative fill that can be imported onto the site, regardless of the number of permits issued. 4. If additional fill is necessary beyond the permitted amounts in (3) above, then fill materials must be obtained on the lot from cutting or excavation only to the extent necessary to create an elevated site for permitted development. All additional fill material shall be obtained from the portion of the lot in the Flood plain Corridor. 5. Adequate drainage shall be provided for the stability of the fill. 6. Fill to raise elevations for a building site shall be located as close to the outside edge of the Flood plain Corridor as feasible. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 33 - SECTION 64, 18.62.070.G., Physical and Environmental Constraints, Development Standards for Flood Plain Corridor Lands, of the Ashland Municipal Code, is amended to read as follows: 18.62.070 Development Standards for Flood plain Corridor Lands. For all land use actions which could result in development of the Flood plain Corridor, the following is required in addition to any requirements of Chapter 15.10: G. New non-residential uses may be located on that portion of Flood plain Corridor lands that equal to or above the flood elevations on the official maps adopted in section 18.62.060. Second story construction may be cantilevered or suooorted bv oillars that will have minimal imoact on the flow of floodwaters over the Flood plain corridor for a distance of 20 feet if it does not imoact rioarian veQetation. and the clearance from finished grade is at least ten feet in height, and is stlpparted b",. pillars that will have minimal impact on the flow of floodwaters. The finished floor elevation may not be more than two feet below the flood corridor elevations. SECTION 65, 18.62.080.8.1., Physical and Environmental Constraints, Development Standards for Hillside Lands, Hillside Grading and Erosion Control, of the Ashland Municipal Code, is amended to read as follows: 18.62.080 Development Standards for Hillside Lands. B. Hillside Grading and Erosion Control. All development on lands classified as hillside shall provide plans conforming with 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 Chapter 79 af the UAifar", International Building Code and be consistent with the orovisions of this Title. Erosion control measures on the development site shall be required to minimize the solids in runoff from disturbed areas. SECTION 66, 18.62.080.0.4., Physical and Environmental Constraints, Development Standards for Hillside Lands, Tree Conservation, Protection and Removal, Tree Protection, of the Ashland Municipal Code, is amended to read as follows: 18.62.080 Development Standards for Hillside Lands. D. Tree Conservation, Protection and Removal. All development on Hillside Lands shall conform to the following requirements: 4. Tree Protection. On all properties where trees are required to be preserved during the course of development, the developer shall follow the following tree protection standards: a. All trees designated for conservation shall be clearly marked on the project site. Prior to the start of any clearing, stripping, stockpiling, trenching, grading, compaction, paving or change in ground elevation, the applicant shall install fencing at the drip line of all trees to be preserved adjacent to or Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 34 - in the area to be altered. perimeter of the dripline. fences may be inspected (see gral'hie18.61.200) Temporary fencing shall be established at the Prior to grading or issuance of any permits, the and their location approved by the Staff Advisor. '" Tree Conservat ion .:\, Guideline " '. Plannina Staff memo: above araDhic to be revised... b. Construction site activities, including but not limited to parking, material storage, soil compaction and concrete washout, shall be arranged so as to prevent disturbances within tree protection areas. / - ---~,Dripline Tree Car1()~E>I/ "':/ ~ I r I \ I \ , , , ......... --~--/ To provide minimum prol eel ion 10 I he root area, I ake I he greal esl radius from I runk I 0 dripline and creal e a regular circle, using I he longesl radius, ral her I han I 0 follow an irregular, above ground, exisl ing I ree dripline. c. No grading, stripping, compaction, or significant change in ground elevation shall be permitted within the drip line of trees designated for conservation unless indicated on the grading plans, as approved by the City, and landscape professional. If grading or construction is approved within the dripline, a landscape professional may be required to be present during grading operations, and shall have authority to require protective measures to protect the roots. d. Changes in soil hydrology and site drainage within tree protection areas shall be minimized. Excessive site run-off shall be directed to appropriate storm drain facilities and away from trees designated for conservation. e. Should encroachment into a tree protection area occur which causes irreparable damage, as determined by a landscape professional, to trees, the Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 35 - project plan shall be revised to compensate for the loss. Under no circumstances shall the developer be relieved of responsibility for compliance with the provisions of this chapter. SECTION 67, 18.64, SO, Southern Oregon State College District, of the Ashland Municipal Code, is amended to read as follows: CHAPTER 18.64, SO, SOUTHERN OREGON UNIVERSITY STATE COLLECE DISTRICT SECTION 68, 18.64.010, SO, Southern Oregon State College District, Purpose, of the Ashland Municipal Code, is amended to read as follows: 18.64.010 Purpose. This district is designed to provide for the unique needs of SGSG SOU as a State educational institution functioning within the planning framework of the City. It can be applied to all areas now or hereinafter owned by the State of Oregon acting by and through the State Board of Higher Education and Southern Oregon State Cellege Universitv and located within the SGSG SOU boundary, as shown on the SGSG SOU Comprehensive Plan, adopted by SGSG SOU and approved by the City. SECTION 69, 18.64.020, Southern Oregon State College District, Permitted Uses, of the Ashland Municipal Code, is amended to read as follows: 18.64.020 Permitted Uses. A. Uses permitted outright are all those which are directly related to the educational functions of SGSGSOU, provided that such uses are indicated and located in conformance with the adopted and City approved SOSC SOU Comprehensive Plan, and are greater than fifty (50) feet from privately owned property. B. Wireless Communication Facilities authorized Dursuant to Section 18.72.180. SECTION 70, 18.64.030, Southern Oregon State College District, Conditional Uses, of the Ashland Municipal Code, is amended to read as follows: 18.64.030 Conditional Uses. A. Any use, site design, or construction or alteration of same not agreed upon in advance by the City and SOSC SOU in the SGSG SOU Plan. B. Any use, site design, or construction within fifty (50) feet of privately-owned property. C. Any construction over forty (40) feet in height. D. Wireless Communication Facilities not Dermitted outriQht and authorized Dursuant to Section 18.72.180. SECTION 71, 18.64.040, Southern Oregon State College District, General Regulations, of the Ashland Municipal Code, is amended to read as follows: 18.64.040 General Regulations. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 36 - This Chapter, together with the Site Review, Sign and Off-Street Parking Chapters of this Title, are the only portions of the Title to be effective within the 59SE SOU zone, except for areas within fifty (50) feet of privately-owned land, which are subject to the Chapter on Conditional Use Permits.In addition, the creation or vacation of public streets or public ways shall be subject to mutual agreement between the City and 59SE SOU and all other applicable laws. SECTION 72, 18.68.040, General Regulations, Yard Measurements, of the Ashland Municipal Code, is amended to read as follows: 18.68.040, Yard ~4eaStlre....eAts Reauirements. All yard measurements to and between buildings or structures or for the purpose of computing coverage or similar requirements shall be made to the building or nearest projection.thereaf aAEI shall he t1AahstructeEl fra.... the gratlAEI t1l'warEl, exeel't tftat-8architectural projections may intrude eighteen (18) inches into Nte reauired yards. reEltlire....eAt. SECTION 73, 18.68.090, General Regulations, Nonconforming Uses and Structures, of the Ashland Municipal Code, is amended to read as follows: 18.68.090, Nonconforming Uses and Structures A. A non-conforming use or structure may not be enlarged, extended, reconstructed, substituted, or structurally altered, except as follows: 1. When authorized in accordance with the same procedure as provided in Conditional Use Chapter 18.104 and the criteria of Section 18.104.050(8 and Cl, a nonconforming use may be changed to one of the same or a more restricted nature. exceDt that a Conditional Use Permit need not be obtained when the use is chanaed to a Dermitted use within the zonina district. 2. When authorized in accordance with the same procedure as provided in Conditional Use Chapter 18.104 and the criteria of Section 18.104.050(8 and Cl, aft existiAg nonconformina structure may be enlarged, extended, reconstructed or the footDrint modified, ar strtlcttlrally altereEl, except that a Conditional Use Permit need not be obtained ta eAlarge ar exteAEI a siAgle fa....i1., ha....e iA the resiEleAtial Elistrict, I'ra-",.iEleEl that when the addition or extension meets all requirements of this Title. 3. A non-conforming structure may be eAlargeEl, reeaAstrtldeEl restored or rehabilitated ar strtlettlrally altereEl if its faatl'riAt is not changed in size or shape. Drovided that the use of the structure is not chanaed exceDt if in conformance with the Drocedures of Section 18.68.090.A.1 above. 4. Nothina in this section shall be deemed to Drevent the normal maintenance and reDair of a non-conformina structure or its restoration to a safe condition when declared to be unsafe bv any official charaed with Drotectina DubUc safety. 5. A leaal nonconformina structure or nonconformina use that is damaaed to an extent of 500/0 or more of its reDlacement cost may be restored only if the damaae was not intentionally caused by the DroDerty owner and the nonconformity is not increased. Any residential structure(sl, includina multiDle-family. in a residential zone damaaed beyond 500/0 of its reDlacement cost by a catastroDhe. such as fire that is not intentionally caused by the owner. may be reconstructed at the oriainal Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 37 - density Drovided the reconstruction is commenced within 2 years after the catastroDhe. B. Discontinuance. If the nonconforming use of a building structure, or premises ceases for a period of six (6) months or more, said use shall be considered abandoned; and said building, structure, or premises shall thereafter be used only for uses permitted in the district in which it is located. Discontinuance shall not include a period of active reconstruction following a fire or other result of natural hazard; and the Planning Commission may extend the discontinuance period in the event of special unique unforeseen circumstances. C. Reactivation. A non-conforming use, which has been abandoned for a period of more than six (6) months may be reactivated to an equivalent or more restricted use through the Conditional Use and Site Review process. In evaluating whether or not to permit the reactivation of a non-conforming use, the Planning Commission, in addition to using the criteria required for a Conditional Use Permit and Site Review, shall also use the following additional criteria: 1. That any improvements for the reactivation of the non-conforming use ta aA existiAg AaA caAfarmiAg strl:lctl:lre on the site shall be less than fifty (50%) percent of the value of the structure. The value of the structure shall be determined by either the assessed ....all:le accardiAg ta the Jael(SaA CauAty Assessar ar an independent real estate appraiser licensed in the State of Oregon. The value of the imDrovement shall be determined based uDon co Dies of the contractor's bid for said imDrovements. which shall be reauired with the Conditional Use Dermit aDDlication. Personal property necessary for the operation of the business or site improvements not included in the structure shall not be counted as improvements under this criterion~ eriteria. 2. An assessment that the traffic generated by the proposed use would not be greater than permitted uses on the site. In assessing the traffic generated by the proposed use, the Planning Commission shall consider the number of vehicle trips per day, the hours of operation, and the types of traffic generated; i.e., truck or passenger vehicle. The Planning Commission shall modify the Conditional Use Permit so that the operation of the non-conforming use is limited to the same traffic impact as permitted uses in the same zone. 3. That the noise generated by the proposal will be mitigated so that it complies with the Ashland Noise Ordinance, Chapter 9.08.170, and also that it does not exceed the average ambient noise level already existing in the area, as measured by this standard. 4. That there will be no lighting of the property which would have direct illumination on adjacent uses and that there would be no reflected light from the property greater than the amount of reflected light from any permitted use in that same zone. 5. In a residential zone the findings must further address that such reactivation will further implement Goal VI, Policy 2, Housing Chapter of the Ashland Comprehensive Plan. 6. Nothing herein shall apply to non-conforming signs, which are governed by the provisions of Section 18.96.150 of this Code. D. Building or structure: Nothing contained in this Title shall require any change in the plans, construction, alteration, or designated use of a structure for which a building permit has been issued and construction has commenced prior to the adoption of the ordinance codified herein and subsequent amendments thereto, except that if the designated use will be nonconforming, it shall, for the purpose of Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 38 - subsection (B) of this Section, be a discontinued use if not in operation within two (2) years of the date of issuance of the building permit. SECTION 74, 18.68.110, General Regulations, Front Yard - General Exception, of the Ashland Municipal Code, is amended to read as follows: 18.68.110. Front Yard-General Exception A. If there are dwellings or accessory buildings on both abutting lots (even if separated by an alley or private way) with front or side yards abuttina a oublic street with ef less than the required Ele"th setback for the district, the front yard for the lot need not exceed the average yard of the abutting structures. B. If there is a dwelling or accessory building on one (1) abutting lot with a front yard of less than the required depth for the district, the front yard need not exceed a depth one-half (112) way between the depth of the abutting lot and the required front yard depth. C. The front yard may be reduced to ten (10) feet on hillside lots where the terrain has an average steepness equal to, or exceeding a one (1) foot rise or fall in Me four (~~) feet of horizontal distance within the entire required yard, said vertical rise or fall to be measured from the natural ground level at the property line. SECTION 75, 18.68.140, General Regulations, Accessory Buildings and Structures, of the Ashland Municipal Code, is amended to read as follows: 18.68.140 Accessory Buildings, and Structures and Mechanical Eauioment. Accessory buildings and structures shall comply with all requirements for the principal use except where specifically modified by this Title and shall comply with the following limitations: A. A greenhouse or hothouse may be maintained accessory to a dwelling in an R district. B. A guest house may be maintained accessory to a single-family dwelling provided there are no kitchen cooking facilities in the guest house. C. Mechanical equipment shall be stlbjeet ta the "ravisiaAs af this SectiaA. Stleh eqtli"...eAt shall not be located between the main structure on the site and any street adjacent to a front or side yard, and every attempt shall be made to place such equipment so that it is not visible from adjacent public streets. Mechanical eauioment and associated enclosures. no taller than allowed fence heiahts. may be located within reauired side or rear yards. orovided such installation and ooeration is consistent with other orovisions of this Title or the Ashland Municioal Code. includina but not limited to noise attenuation. Any installation of mechanical equipment shall require a building permit. D. Regardless of the side and rear yard requirements of the district, in a residential district, a side or rear yard may be reduced to three (3) feet for an accessory structure erected more than fifty (50) feet from any street, other than alleys, provided the structure is detached and separated from other buildings and structures by ten (10) feet or more, and is no more than fifteen (15) feet in height. Any conversion of such accessory structure to an accessory residential unit shall conform to other reauirements of this Title for Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 39 - accessory residential units, includina any reauired olannina action and/or site review. SECTION 76, 18.68.160, General Regulations, Driveway Grades, of the Ashland Municipal Code, is amended to read as follows: 18.68.160 Driveway Grades. Grades for new driveways in all zones shall not exceed a grade of 20% for any portion of the driveway. All driveways shall be designed in accord with the criteria of the City of Ashland standardsPublie 'l:orl(s Departfftent and appro."ed installed prior to issuance of a certificate of occupancy for new construction. If required by the City, the developer or owner shall provide certification of driveway grade by a licensed land surveyor. All vision clearance standards associated with driveway entrances onto public streets shall not be subject to the Variance section of this title. SECTION 77, 18.72, Site Design and Use Standards, of the Ashland Municipal Code, is amended to read as follows: Chapter 18.72 SITE DESIGNREVIEW AND USE STANDARDS SECTION 78, 18.72.030, Site Design and Use Standards, Application, of the Ashland Municipal Code, is amended to read as follows: 18.72.030 ApplicabilitvOOfl Site design and use standards shall apply to all zones of the city as outlined below. and shall apply to all de".;elopfftent indicated in this Chapter, exeept for those deV'elopfftents which are regulated b"{ the Subdi"..isions (18.89), the Partitioning (18.76), ~lIanufadured Housing (18.84) and Perforfftance Standards (18.88). A. Aoolicabilitv. The followina develooment is subiect to Site Desian Review: 1. Commercial, Industrial, Non-Residential and Mixed uses: a. All new structures, additions or expansions in C-l, E-l, HC and M zones. b. All new non-residential structures or additions (e.a. oublic buildinas, schools, churches, etc. ). c. Exoansion of imoervious surface area in excess of 100/0 of the area of the site or 1,000 sauare feet, whichever is less. d. Exoansion of oarkina lots, relocation of oarkina soaces on a site, or other chanaes which affect circulation. e. Anv chanae of occuoancv from a less intensive to a more intensive occuoancv, as defined in the City buildina code, or any chanae in use which reauires a areater number of oarkina soaces. f. Anv chanae in use of a lot from one aeneral use cateaorv to another aeneral use cateaorv, e.a.. from residential to commercial, as defined bv the zonina reaulations of this Code. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 40 - g. Anv exterior chanae to a structure which reauires a buildina permit and is listed on the National Reaister of Historic Places or to a contributina property within an Historic District on the National Reaister of Historic Places. h. Mechanical eauipment not otherwise exempt from site desian review per Section 18.72.030(B). 2. Residential uses: a. Two or more residential units on a sinale lot. b. Construction of attached sinale-familv housina (e.a. town homes. condominiums. row houses. etc.) in all zonina districts. c. Residential development when off-street parkina or landscapina. in coniunction with an approved Performance Standards Subdivision reauired bv ordinance and not located within the boundaries of the individual unit parcel (e.a. shared parkina). d Anv exterior chanae to a structure which reauires a buildina permit and is individuallv listed on the National Reaister of Historic Places. e. Mechanical eauipment not otherwise exempt from site desian review per Section 18.72.030(B). B. Exemptions. The followina development is exempt from Site Desian Review application and procedure reauirements provided that the development complies with applicable standards as set forth bv this Chapter. 1. Detached sinale familv dwellinas and associated accessory structures and uses. 2. Land divisions reaulated bv the followina chapters: Partitionina (18.76). Subdivisions (18.80). Manufactured Housina (18.84) and Performance Standards (18.88). 3. The followina mechanical eauipment: a. Private. non-commercial radio and television antennas not exceedina a heiaht of seventy (70) feet above arade or thirty (30) feet above an existina structure. whichever heiaht is areater and provided no part of such antenna shall be within the yards reauired bv this Title. A buildina permit shall be reauired for any antenna mast. or tower over fifty (50) feet above arade or thirty (30) feet above an existina structure when the same is constructed on the roof of the structure. b. Not more than three (3) parabolic disc antennas. each under one (1) meter in diameter. on any one lot or dwellina unit. c. Roof-mounted solar collection devices in all zonina districts. with the exception of Emplovment and Commercial zoned properties located within desianated historic districts. The devices shall complv with solar setback standards described in 18.70 and heiaht reauirements of the respective zonina district. d. Installation of mechanical eauipment not exempted bv (a. b. c) above or (e) below. and which is not visible from a public riaht-of- way or adiacent residentiallv zoned property and consistent with other provisions of this Title. indudina solar access. noise. and setback reauirements of Section 18.68.140( C). e. Routine maintenance and replacement of existina mechanical eauipment in all zones. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 41 - "J' I SECTION 79, 18.72.040, Approval Process, ot the Ashland Municipal Code, is amended to read as tollows: 18.72.040, Approval Process. Develooment subiect to site desiQn review shall be reviewed in accordance with the orocedures set torth in Chaoter 18.108. A. Staff Perl'ftit. The fallavJiftg t'/pes at Ele.."elapl'fteftts shall be sl:lbjed ta appra.."al I:IftEler the Staff Perl'ftit PraceEll:lre. Afty Staff Perl'ftit I'fta", be praeesseEl as a Type I perl'ftit at the Eliscretiaft at the Staff AEI..-isar. 1. Afty ehaftge at aeel:lpaftev tral'ft a less iftteftshre ta a I'ftare iftteftsh"e accl:lpaftc)", as ElefifteEl ift the Cit"," bl:lilEliftg eaEle, ar afty ehaftge ift I:Ise which reql:lires a greater ftl:ll'ftber af parldftg spaces. 2. Aft"; aElElitiaft less thaft 2,599 sql:lare feet ar teft pereeftt at the bl:lilEliftg's sql:lare faatage, v;hiche..'er is less, ta a bl:lilEliftg. 3. AftV I:Ise which resl:llts ift three ar less EI",{;elliftg I:Iftits per lat, ather thaft siftgle fal'ftil"," hal'ftes aft iftEliviEll:lal lats. 4. All iftstallatiafts at I'fteehaftical eql:lipl'fteftt ift aft"; zafte. Iftstallatiaft at Elisc aftteftftas shall be sl:lbjed ta the reql:lirel'fteftts at Seetiaft 18.72.169. Aft.." Elisc aftteftfta far eal'ftl'ftereiall:lse ift a resiElefttial zafte shall alsa be sl:lbjeet ta a CaftElitiaftal Use Perl'ftit (18.194). (OrEl. 2289 55, 1984; OrEl. 2457 54, 1988). 5. All iftstallatiaft at viireless eal'ftl'ftl:lftieatiaft s";stel'fts shall be sl:lbjed ta the reql:lirel'fteftts af Sediaft 18.72.189, ift aElElitiaft ta all applieable Site Desigft aftEl Use StaftElarEls aftEl are sl:lbjed ta the tallawiftg appro1rfal proEess: Zaftiftg Desigftatiafts AttacheEl ta Alterftative FreestaftEliftg Existiftg Strl:ldl:lres Sl:Ippart Strl:letl:lres Strl:letl:lres ResiElefttial Zaftes~ EUP PrahibiteEl PrehibiteEl E4 EUP EUP PrahibiteEl C 1 D (Dawfttewft)ffl EUP PrahibiteEl PrehibiteEl C 1 Free"ua"j e..-erla"t" Site Re"...iew Site Re.."iew EUP E-!- Site Re.."iew Site Review EUP M-l- Site Re"..iew Site Review EUP 59 Site Re.iew EUP EUP N~' (Nerth ~4el:lfttaift) PrehibiteEl PrehibiteEl PrahibiteEl Histarie Distridffl EUP PrehibiteEl PrahibiteEl A 1 (Airpert Overla,) EUP EUP EUP HC (Health Care) EUP PrehibiteEl PrehibiteEl Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 42 - t!7 01'11 f allaweEl a.. existil'lg strtlettlres greater tha.. 45 feet il'l height. rar the !'tlr!,ases af this seetia.. i.. resiEle..tial Ea..i..g Elistriets, existi..g strtlettlres shall i..eluEle the re!,laee",e..t af existi..g !,ale, "'ast, ar tawer strtlettlres (stleh as staElitl'" light ta....ers) far the ea",bi..eEl !'tlr!,ases af their !,re. iatls use al'lEl wireless ea",,,,u..ieatia.. faeilities. ~ Per",itteEl a.. !,re existi..g struettlres with a height greater tha.. 59 feet i.. the Daw..ta..... Ca",,,,ereial Elistriet. PrehibiteEl i.. all ether Elistriets VJithi.. the Histerie: Distrie:t, as Elefil'leEl il'l the Ca",!,rehel'lsi'.'e Pia... 6. An', exterier change te an,' strtldtlre IisteEl en the Natienal Register ef Histeric Places." (ORD 2892, 52 1997) (OrEl 2852 53, 2999; OrEl 2858 56, 2990) B. T"'l'e I PreeeEltlre. The felle"'iing tYl'es ef EleYelel'ments shall be stlbjed te al'l're"4'altlnEler the T"'l'e I I'receEltlre: 1. Anv change in t1se ef a let frem ene general t1se eateger)" te anether general t1se eateger"f, e.g., frem resiElential te cemmereial as ElefineEl b'J" the zaRing regtllatiens ef this CeEle. 2. An",. resiElential t1se whieh restllts in fetlr Elv;elling t1nits er mere en a IM- 3. All new strtldtlres er aElElitiens greater than 2,599 sEltlare feet, exeel't fer EleYelel'ments ineluEleEl in 5eetien 18.72.949(A). SECTION 80, 18.72.050, Site Design and Use Standards, Detail Site Review Zone, of the Ashland Municipal Code, is amended to read as follows: 18.72.050 Detail Site Review Zone. A. The Detail Site Review Zone is that area defined in the Site Design Standards ursuant to Section 18.72.080. e C. Outside the Downtown Design Standards Zone, new buildings or expansions of existing buildings in the Detail Site Review Zone shall conform wftft to the following standards: 1. it. Buildings sharing a common wall or having walls touching at or above grade shall be considered as one building. b1.Buildings shall not exceed a building footprint area of 45,000 square feet as measured outside the exterior walls and including all interior courtyards. For the purpose of this section an interior courtyard means a space bounded on three or more sides by walls but not a roof. ~e. Buildings shall not exceed a gross floor area of 45,000 square feet, including all interior floor space, roof top parking, and outdoor retail and storage areas, with the following exception: Automobile parking areas located within the building footprint and in the basement shall not count toward the total gross floor area. Fer the l't1rl'ese ef this sedien, basement means any fleer le"."el belew the first ster", in a builEling. First stery shall ha"..e the same meaning as I're..:iEleEl in the builEling eeEle. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 43 - ~e.Buildings shall not exceed a combined contiguous building length of 300 feet. ~. Inside the Downtown Design Standards Zone, new buildings or expansions of existing buildings shall not exceed a building footprint area of 45,000 sq. ft. or a gross floor area of 45,000 sq. ft., including roof top parking, with the following exception: Automobile parking areas located within the building footprint and in the basement shall not count toward the total gross floor area. Far the pl:lrpase af this sedia.., base....e..t ....ea..s a..)" flaar le"."el bela".\'" the first stary i.. a bl:lildi..g. First star., shall ha.e the sa....e ....ea..i..g as pra.."ided i.. the bl:lildi..g eade. SECTION 81, 18.72.060, Site Design and Use Standards, Plans Required, of the Ashland Municipal Code, is amended to read as follows: 18.72.060, Plans Reauired The following submittals shall be required in order to determine the project's compliance with this Chapter: A site plan containing the following: A. Project name. B. Vicinity map. C. Scale (the scale shall be at least one (1) inch equals fifty (50) feet or larger.) The Staff Advisor may authorize different scales and Dlan sheet sizes for Droiects. Drovided the Dlans Drovide sufficient information to c1earlv identify and evaluate the aDDlication reauest. D. North arrow. E. Date. F. Street names and locations of all existing and proposed streets within or on the boundary of the proposed development. G. Lot layout with dimensions for all lot lines. H. Zoning designations of the proposed development. I. Zoning designations adjacent to the proposed development. J. Location and use of all proposed and existing buildings, fences and structures within the proposed development. Indicate which buildings are to remain and which are to be removed. K. Location and size of all public utilities in and adjacent to the proposed development with the locations shown of: 1. Water lines and meter sizes. 2. Sewers, manholes and cleanouts. 3. Storm drainage and catch basins. 4. Opportunity-to-recycle site and solid waste receptacle, including proposed screening. L. The proposed location of: 1. Connection to the City water system. 2. Connection to the City sewer system. 3. Connection to the City electric utility system. 4. The proposed method of drainage of the site. M. Location of drainage ways or public utility easements in and adjacent to the proposed development. N. Location, size and use of all contemplated and existing public areas within the proposed development. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 44 - O. All fire hydrants proposed to be located near the site and all fire hydrants proposed to be located within the site. P. A topographic map of the site at a contour interval of at least five (5) feet. Q. Location of all parking areas and all parking spaces, ingress and egress on the site, and on-site circulation. R. Use designations for all areas not covered by building. S. Locations of all existing natural features including, but not limited to, any existing trees of a caliber greater than six inches diameter at breast height, except in forested areas, and any natural drainage ways or creeks existing on the site, and any outcroppings of rocks, boulders, etc. Indicate any contemplated modifications to a natural feature. T. A landscape plan showing the location, type and variety, size and any other pertinent features of the proposed landscaping and plantings. At time of installation, such plans shall include a layout of irrigation facilities and ensure the plantings will continue to grow. U. The elevations and locations of all proposed signs for the development. V. For non-residential developments proposed on properties located in a Historic District. an exterior wall section. window section and drawings of architectural details (e.q. column width. cornice and base detail. relief and proiection. etc.) drawn to a scale of three-fourths (3/4) of an inch equals one (1) foot or larqer. VW. Exterior elevations of all buildings to be proposed on the site. Such plans shall indicate the material, color, texture, shape and other design features of the building, including all mechanical devices. Elevations shall be submitted drawn to scale of one inch equals ten feet or greater. WX A written summary showing the following: 1. For commercial and industrial developments: a. The square footage contained in the area proposed to be developed. b. The percentage of the lot covered by structures. c. The percentage of the lot covered by other impervious surfaces. d. The total number of parking spaces. e. The total square footage of all landscaped areas. 2. For residential developments: a. The total square footage in the development. b. The number of dwelling units in the development (include the units by the number of bedrooms in each unit, e.g., ten one-bedroom, 25 two- bedroom, etc). c. Percentage of lot coverage by: i. Structu res. ii. Streets and roads. iii. Recreation areas. iv. Landscaping. v. Parking areas. 3. For all developments, the following shall also be required: The method and type of energy proposed to be used for heating, cooling and lighting of the building, and the approximate annual amount of energy used per each source and the methods used to make the approximation. SECTION 82, 18.72.080, Site Design and Use Standards, Site Design Standards, of the Ashland Municipal Code, is amended to read as follows: 18.72.080 Site Design Standards. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 45 - A. The Council may adopt standards by ordinance for site design and use. These standards may contain: 1. Additional approval criteria for developments affected by this Chapter. 2. Information and recommendations regarding project and unit design and layout, landscaping, energy use and conservation, and other considerations regarding the site design. 3. Interpretations of the intent and purpose of this Chapter applied to specific examples. 4. Other information or educational materials the Council deems advisable. B. Before the Council may adopt or amend the guidelines, a public hearing must be held by the Planning Commission and a recommendation and summary of the hearing forwarded to the Council for its consideration. C. The Site Desian and Use Standards adooted bv Ordinance No's. 2690, 2800. 2825 and 2900. shall be aoolied as follows: 1. The Multi-familv Residential Develooment Standards in Section II.B. shall be aoolied to the construction of attached sinale-familv housina (e.a. town homes, condominiums. row houses. etc. ). 2. The Commercial, Emolovment, and Industrial Develooment standards in Section II.C. shall be aoolied to non-residential develooment (e.a. oublic buildinas, schools. etc. ). SECTION 83, 18.72.105, Site Design and Use Standards, Expiration of Site Design Review Approval, of the Ashland Municipal Code, is added and reads as follows: 18.72.105 Expiration of Site Design Review Approval~ Site desian review aooroval aranted under this Chaoter shall exoire if no buildina oermit or oublic imorovement olan for the oroiect has been aooroved bv the City within twelve (12) months of site desian review aooroval. SECTION 84, 18.72.120, Site Design and Use Standards, Controlled Access, of the Ashland Municipal Code, is amended to read as follows: 18.72.120 Controlled access. A. Prier te aAny partitioning or subdivision of property located in an R-2, R-3, C-l, E-l or M-l zone shall meet the controlled access standards set forth in section (B) below. shall b~ applied aAd, if Aeeessa"'t', If aoolicable. cross access easements shall be required so that access to all properties created by the partitieAiAg land division can be made from one or more points. B. Street and driveway A~ccess points in an R-2. R-3. C-l. E-l or M-l zone shall be limited to the following: 1. Distance between driveways. On arterial streets - 100 feet; on collector streets - 75 feet; on residential streets - 50 feet. 2. Distance from intersections. On arterial streets - 100 feet; on collector streets - 50 feet; on residential streets - 35 feet. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 46 - C. '/isian elearanee standards. 1. Na abstructians greater than twa and ane half feet high, nar an',- landseaping whieh will graw greater than twa and ane half feet high, ....ith the exeeptian af trees whase eanap",. heights are at all ti"'es greater than eight feet, "'a"y' be plaeed in a ...isian e1earanee area deter",ined as fallaws: The ",..isian elearanee area at the intersedian af twa streets is the triangle far",ed by a line eanneding paints 25 feet fra", the intersedian af praperty lines. In the ease af an interseetian in....alving an alle't" and a street, the triangle is far",ed by a line eannecting paints ten feet alang the alley and 25 feet alang the street. When the angle af intersedian bet".veen the street and the aile, is less than 39 degrees, the distanee shall be 25 feet. Ha struettlre ar partian thereat shall be erected vJithin ten feet af the driyewa"t's. 2. State af Oregan 'Jisian Clearanee Standards. The fallawing stapping site distanees shall appl', ta all State Highwa",s within the Cit., v.ith the preseribed speed Ii ",its. '/ertieal stapping sight distanee ta be based an distance fra", three and ane half feet aba"Je pawe",ent ta a paint six feet aba..:e the pa..'e",ent. COrd.2544 51, 1989) 30 mph200 feet 35 "'ph225 feet 49 "'ph275 feet 45 "'ph325 feet 5S "'ph459 feet 3. The Te'isian elearanee standards established bt' this sectian are nat stlbject ta the "..aria nee sedian af this title. COrd. 2695 52, 1999) D~. Access Requirements for Multi-family Developments. 1. All multi-family developments which will have automobile trip generation in excess of 250 vehicle trips per day shall provide at least two driveway access points to the development. Trip generation shall be determined by the methods established by the Institute of Transportation Engineers. 2. Creating an obstructed street, as defined in 18.88.020.G, is prohibited. SECTION 85, 18.72.170. Site Design and Use Standards, Development Standards for Disc Antennas, of the Ashland Municipal Code, is amended to read as follows: 18.72.170 Development Standards for Disc Antennas A. Building Permit Required. All disc antennas shall be subject to review and approval of the building official where required by the Building Code. B. Development Standards. All disc antennas shall be located, designed, constructed, treated and maintained in accordance with the following standards: 1. Antennas shall be installed and maintained in compliance with the requirements of the Building Code. 2. Disc antennas exceeding one (1) meter 36 inehes in diameter shall not be permitted on the roof, except where there is no other location on the lot which provides access to receiving or transmitting signals. In no case shall any part of any antenna be located more than ten feet above the apex of the roof surface. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 47 - Antennas mounted on the roof shall be located in the least visible location as viewed from adjacent right-of-ways, and residential structures in residential zones. 3. No more than one disc antenna shall be permitted on each tract of land. 4. Ground mounted disc antennas shall be erected or maintained to the rear of the main building, except in those instances when the subject property is cul-de-sac or corner lot where the side yard is larger than the rear yard, in which case the antenna may be located in the side yard. Antennas shall not be located in any required setback area. No portion of an antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area but may be attached to the building. 5. Antennas may be ground-mounted, free standing, or supported by guy wires, buildings, or other structures in compliance with the manufacturer's structural specifications. Ground-mounted antennas shall be any antenna with its base mounted directly in the ground, even if such antenna is supported or attached to the wall of a building. 6. The antenna, including guy wires, supporting structures and accessory equipment, shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. Antennas shall be screened through the addition of architectural features and/or landscaping that harmonize with the elements and characteristics of the property. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish, or reflective. Whenever possible, disc antennas shall be constructed out of mesh material and painted a color that will blend with the background. 7. Antennas shall meet all manufacturer's specifications. The mast or tower shall be non-combustible. Corrosive hardware, such as brackets, turnbuckles, clips and similar type equipment if used, shall be protected by plating or otherwise to guard against corrosion. 8. Every antenna must be adequately grounded, for protection against a direct strike of lightning, with an adequate ground wire. Ground wires shall be of the type approved by the latest edition of the Electrical Code for grounding masts and lightning arrestors and shall be installed in a mechanical manner, with as few bends as possible, maintaining a clearance of at least two inches from combustible materials. Lightning arrestors shall be used that are approved as safe by the Underwriters' Laboratories, Inc., and both sides of the line must be adequately protected with proper arrestors to remove static charges accumulated on the line. When lead-in conductors of polyethylene ribbon-type are used, lightning arrestors must be installed in each conductor. When coaxial cable or shielded twin lead is used for lead-in, suitable protection may be provided without lightning arrestors by grounding the exterior metal sheath. 9. Antennas may contain no sign or graphic design as defined in the Ashland Sign Code, even if the sign is permitted on the property. SECTION 86, 18.72.180, Site Design and Use Standards, Development Standards for Wireless Communication Facilities, of the Ashland Municipal Code, is amended to read as follows: 18.72.180 Development Standards for Wireless Communication Facilities. A. Purpose and Intent - The purpose of this section is to establish standards that regulate the placement, appearance and impact of wireless communication facilities, while providing residents with the ability to access and adequately utilize the services that these facilities support. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 48 - Because of the physical characteristics of wireless communication facilities, the impact imposed by these facilities affect not only the neighboring residents, but the community as a whole. The standards are intended to ensure that the visual and aesthetic impacts of wireless communication facilities are mitigated to the greatest extent possible, especially in or near residential areas. B. Submittals - In addition to the submittals required in section 18.72.060, the following items shall be provided as part of the application for a wireless communication facility. 1. A photo of each of the major components of a similar installation, including a photo montage of the overall facility as proposed. 2. Exterior elevations of the proposed wireless communication facility (min 1"=10'). 3. A set of manufacturers specifications of the support structure, antennas, and accessory buildings with a listing of materials being proposed including colors of the exterior materials. 4. A site plan indicating all structures, land uses and zoning designation within 150 feet of the site boundaries, or 300 feet if the height of the structure is greater than 80 feet. 5. A map showing existing wireless communication facility sites operated by the applicant within a 5 mile radius of the proposed site. 6. A collocation feasibility study that adequately indicates collocation efforts were made and states the reasons collocation can or cannot occur. 7. A copy of the lease agreement for the proposed site showing that the agreement does not preclude collocation. 8. Documentation detailing the general capacity of the tower in terms of the number and type of antennas it is designed to accommodate. 9. Any other documentation the applicant feels is relevant to comply with the applicable design standards. 10. Documentation that the applicant has held a local community meeting to inform members of the surrounding area of the proposed wireless communication facility. Documentation to include: a. a copy of the mailing list to properties within 300' of the proposed facility. b. a copy of the notice of community meeting, mailed one week prior to the meeting. c. a copy of the newspaper ad placed in a local paper one week prior to the meeting. d. a summary of issues raised during the meeting. C. Design Standards - All wireless communication facilities shall be located, designed, constructed, treated and maintained in accordance with the following standards: 1. General Provisions a. All facilities shall be installed and maintained in compliance with the requirements of the Building Code. At the time of building permit application, written statements from the Federal Aviation Administration (FAA), the Aeronautics Section of the Oregon Department of Transportation, and the Federal Communication Commission that the proposed wireless communication facility complies with regulations administered by that agency, or that the facility is exempt from regulation. b. All associated transmittal equipment must be housed in a building, above or below ground level, which must be designed and landscaped to achieve minimal visual impact with the surrounding environment. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 49 - c. Wireless communication facilities shall be exempted from height limitations imposed in each zoning district. d. WCF shall be installed at the minimum height and mass necessary for its intended use. A submittal verifying the proposed height and mass shall be prepared by a licensed engineer. e. Signage for wireless communication facilities shall consist of a maximum of two non-illuminated signs, with a maximum of two square feet each stating the name of the facility operator and a contact phone number. f. Applicant is required to remove all equipment and structures from the site and return the site to its original condition, or condition as approved by the Staff Advisor, if the facility is abandoned for a period greater than six months. Removal and restoration must occur within 90 days of the end of the six month period. 2. Preferred Designs a. Where possible, the use of existing WCF sites for new installations shall be encouraged. Collocation of new facilities on existing facilities shall be the preferred option. b. If (a) above is not feasible, WCF shall be attached to pre-existing structures, when feasible. c. If (a) or (b) above are not feasible, alternative structures shall be used with design features that conceal, camouflage or mitigate the visual impacts created by the proposed WCF. d. If (a), (b), or (c) listed above are not feasible, a monopole design shall be used with the attached antennas positioned in a vertical manner to lessens the visual impact compared to the antennas in a platform design. Platform designs shall be used only if it is shown that the use of an alternate attached antenna design is not feasible. e. Lattice towers are prohibited as freestanding wireless communication support structures. 3. Landscaping. The following standards apply to all WCF with any primary or accessory equipment located on the ground and visible from a residential use or the public right-of-way a. Vegetation and materials shall be selected and sited to produce a drought resistant landscaped area. b. The perimeter of the WCF shall be enclosed with a security fence or wall. Such barriers shall be landscaped in a manner that provides a natural sight obscuring screen around the barrier to a minimum height of six feet. c. The outer perimeter of the WCF shall have a 10 foot landscaped buffer zone. d. The landscaped area shall be irrigated and maintained to provide for proper growth and health of the vegetation. e. One tree shall be required per 20 feet of the landscape buffer zone to provide a continuous canopy around the perimeter of the WCF. Each tree shall have a caliper of 2 inches, measured at breast height, at the time of planting. 4. Visual Impacts a. Antennas, if attached to a pre-existing or alternative structure shall be integrated into the existing building architecturally and, to the greatest extent possible, shall not exceed the height of the pre-existing or alternative structure. b. Wireless communication facilities shall be located in the area of minimal visual impact within the site which will allow the facility to function consistent with its purpose. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 50 - c. Antennas, if attached to a pre-existing or alternative structure shall have a non-reflective finish and color that blends with the color and design of the structure to which it is attached. d. WCF, in any zone, must be set back from any residential zone a distance equal to twice its overall height. The setback requirement may be reduced if, as determined by the Hearing Authority, it can be demonstrated through findings of fact that increased mitigation of visual impact can be achieved within of the setback area. Underground accessory equipment is not subject to the setback requirement. e. Exterior lighting for a WCF is permitted only when required by a federal or state authority. f. All wireless communication support structures must have a non-reflective finish and color that will mitigate visual impact, unless otherwise required by other government agencies. g. Should it be deemed necessary by the Hearing Authority for the mitigation of visual impact of the WCF, additional design measures may be required. These may include, but are not limited to: additional camouflage materials and designs, facades, specific colors and materials, masking, shielding techniques. 5. Collocation standards a. Each addition of an antenna to an existing WCF requires a building permit, unless the additional antenna increases the height of the facility more than ten feet. b. Addition of antennas to an existing WCF that increases the overall height of the facility more than ten feet is subject to a site review. "CORD 2802, S3 1997) D. All installation of wireless communication svstems shall be subiect to the reauirements of this section in addition to all aoolicable Site Desian and Use Standards and are subiect to the followina aooroval orocess: Zonina Desianations Attached to Alternative Freestandina Existina Structures Suooort Structures Structures Residential Zones(l) CUP Prohibited Prohibited C-l CUP CUP Prohibited C-l-D (Downtown)(2) CUP Prohibited Prohibited C-l - Freewav overlav Site Review Site Review CUP E-l Site Review Site Review CUP M-l Site Review Site Review CUP SOU Site Review CUP CUP NM (North Mountain) Prohibited Prohibited Prohibited Historic District(2) CUP Prohibited Prohibited A-l (Airoort Overlav) CUP CUP CUP Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 51 - HC (Health Care) CUP Prohibited Prohibited SECTION 87, 18.76.040, Partitions, Administrative Preliminary Approval, of the Ashland Municipal Code is deleted as follows: 18.76.040, Admi"istrative P'relimi"arv ABBre"li'al P'relimi"ar'j appre....al fer all mi"er la"d partitie"s whieh reql:lire "e T't'pe II ',o'aria"ees shall be preeessed l:I"der the T't'pe I preeedl:lrc. SECTION 88, 18.76.050, Partitions, Preliminary Approval by the Planning Commission, of the Ashland Municipal Code, is amended to read as follows: 18.76.050. Preliminary ADDroval bv the P'la""i"EI Cemmissie" If the prepesed partitie" dees "et appear te eemplv with the reql:liremc"ts fer rel:lti"c admi"istratiii'e appreval, the prepesal shall be sl:lbmitted te the P'la""i"!J CeR'lmissie" a"d An aoolication for a oreliminarv oartition shall be approved when the following conditions exist: A. The future use for urban purposes of the remainder of the tract will not be impeded. B. The development of the remainder of any adjoining land or access thereto will not be impeded. C. The tract of land has not been partitioned for 12 months. D. The partitioning is not in conflict with any law, ordinance or resolution applicable to the land. E. The partitioning is in accordance with the design and street standards contained in the Chapter 18.88, Performance Standards Options. COrd 2836 S8, 1999) F. When there exists adequate public facilities, or proof that such facilities can be provided, as determined by the Public Works Director and specified by City documents, for water, sanitary sewers, storm sewer, and electricity. G. When there exists a 20-foot wide access along the entire street frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan. Such access shall be improved with an asphaltic concrete pavement designed for the use of the proposed street. The minimum width of the street shall be 20-feet with all work done under permit of the Public Works Department. 1. The Public Works Director may allow an unpaved street for access for a minor land partition when all of the following conditions exist: a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial street. b. The centerline grade on any portion of the unpaved street does not exceed ten percent. 2. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks and the undergrounding of utilities. This Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 52 - requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied. H. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. SECTION 89, 18.76.060, Partitions, Preliminary Approval of Flag Partitions, of the Ashland Municipal Code, is amended to read as follows: 18.76.060. Preliminary Approval of Flag Partitions. Partitions involving the creation of flag lots shall be approved by the Planning Commission if the following conditions are satisfied: A. Conditions of the previous section have been met. B. Except as provided in subsection 18.76.060.K, the flag drive for one flag lot shall have a minimum width of 15 feet, and a 12 foot paved driving surface. For drives serving two lots, the flag drive shall be 20 feet wide, with 15 feet of driving surface to the back of the first lot, and 12 feet, respectively, for the rear lot. Drives shared by adjacent properties shall have a width of 20 feet, with a 15 foot paved driving surface. Flag drives shall be constructed so as to prevent surface drainage from flowing over sidewalks or other public ways. Flag drives shall be in the same ownership as the flag lots served. Where two or more lots are served by the same flag drive, the flag drive shall be owned by one of the lots and an easement for access shall be granted to the other lot or lots. There shall be no parking 10 feet on either side of the flag drive entrance. Flag drive grades shall not exceed a maximum grade of 15%. Variances may be granted for flag drives for grades in excess of 15% but no greater than 18% for no more than 200'. Such variances shall be required to meet all of the criteria for approval as found in 18.100. Flag drives serving structures greater than 24 feet in height, as defined in 18.08.290, shall provide a Fire Work Area of 20 feet by 40 feet within 50 feet of the structure. The Fire Work Area requirement shall be waived if the structure served by the drive has an approved automatic sprinkler system installed. Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads under the OreQon UAifer", Fire Code and subject to all requirements thereof. When reQuired bv the OreQon Fire Code, Fflag drives greater than 150 ~ feet in length shall provide a turnaround as defined in the Performance Standards Guidelines in 18.88.090. The Staff Advisor, in coordination with the Fire Code Official, may extend the distance of the turnaround re uirement u to a maximum of 250 feet -in len th . the follo'vinQ factors iAte cOAsidcration: oS C\..\l.O\i)Q C ~ 1. OreQon Fire Code access exemotions. ~ Phvsical constraints such as slooe, siQnificant trees, cuts and fill s. ~~soortation lavout and traffic imoacts. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 53 - y Number of units served bv the flaa drive. C. Each flag lot has at least three parking spaces situated in such a manner as to eliminate the necessity for backing out. D. Curb cuts have been minimized, where possible, through the use of common driveways. E. Both sides of the flag drive have been screened with a site-obscuring fence, wall or evergreen hedge to a height of from four to six feet, except in the front yard setback area where, starting five feet from the property line, the height shall be from 30 to 42 inches in the remaining setback area. Such fence or landscaping shall be placed at the extreme outside of the flag drive in order to ensure adequate fire access. F. The applicant has executed and filed with the Planning Departmentircctor an agreement between applicant and the city for paving and screening of the flag drive. Such an agreement shall specify the period within which the applicant, or agent for applicant, or contractor shall complete the paving to standards as specified by the Director of Public Works and screening as required by this section, and providing that if applicant should fail to complete such work within such period, the City may complete the same and recover the full cost and expense thereof from the applicant. An agreement shall also provide for the maintenance of the paving and screening to standards as indicated in this section and the assurance that such maintenance shall be continued. G. A site plan has been approved by the Planning Commission. The site plan shall be approved provided the regulations of the zoning and subdivision titles are satisfied. Such a site plan shall contain the map requirements listed in Section 18.76.050 and the following information: 1. The location of driveways, turnarounds parking spaces and useable yard areas. 2. The location and type of screening. 3. For site plans of a flag lot, the building envelope shall be identified. H. No more than two lots are served by the flag drive. 1. For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag drive area, must meet the minimum square footage requirements of the zoning district. J. Flag lots shall be required to provide a useable yard area that has a minimal dimension of 20 feet wide by 20 feet deep. As used in this chapter, the term "useable yard area" means a private yard area which is unobstructed by a structure or automobile from the ground upward. K. Flag lots adjacent to an alley shall meet all of the requirements of this section, except that: 1. Vehicle access shall be from the alley only where required as a condition of approval; 2. No screening and paving requirements shall be required for the flagpole; 3. A four foot pedestrian path shall be installed within the flag pole, improved and maintained with either a concrete, asphalt, brick, or paver block surface from the street to the buildable area of the flag lot; 4. The flag pole width shall be no less than eight feet wide and the entrance of the pole at the street shall be identified by the address of the flaglot clearly visible from the street on a 4" X 4" post 31/2 feet high. The post shall be painted white with black numbers 3 inches high running vertically down the front of the post. For flagpoles serving two or more dwellings, the addresses of such dwellings shall be on a two feet by three feet white sign clearly visible from the street with three inch black numbers. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 54 - "I' I SECTION 90, 18.76.075, Partitions, Expiration of Preliminary Partition Plan, of the Ashland Municipal Code, is added and reads as follows: 18.76.075. Exoiration.of Preliminarv Partition Plan. Preliminarv oartition olans aooroved under this Chaoter shall exoire if a final oartition olat has not been aooroved bv the City within eiQhteen (181 months of oreliminarv olan aooroval. SECTION 91, 18.88.050.E., Performance Standards Options, Street Standards, Street Grade, of the Ashland Municipal Code, is amended to read as follows: 18.88.050 Street Standards. E. Street Grade. Street grades measured at the street centerline for dedicated streets and flag drives shall be as follows: 1. Street and private drive grades in Performance Standards Developments shall not exceed a maximum grade of 15%. No variance may be granted to this section for public streets. Variances may be granted for private drives for grades in excess of 15% but not greater than 18% for no more than 200'. Such variances shall be required to meet all of the criteria for approval as found in 18.100. Private drives serving structures greater than 24' in height, as defined in 18.08.290, shall provide a Fire Work Area of 20' by 40' within 50' of the structure. The Fire Work Area requirement shall be waived if the structure served by the drive has an approved automatic sprinkler system installed. Private drives and work areas shall be deemed Fire Lanes and subject to all requirements thereof. When required bv the OreQon Fire Code. oPrivate drives greater than ~ 150 feet in length shall provide a turnaround as defined in the Performance Standards Guidelines as provided in 18.88.090. The Staff Advisor. in coordination with the Fire Code Official. may extend the distance of the turnaround requirement uo to a maximum of 250 feet in lenQth when takinQ the followinQ factors into consideration: 1. OreQon Fire Code access exemotions. 2. Phvsical constraints such as slooe. siQnificant trees. cuts and fills. 3. Transoortation lavout and traffic imoacts. 4. Number of units served bv the flaQ drive. SECTION 92, 18.92.070, Off-Street Parking, Automobile Parking Design Requirements, of the Ashland Municipal Code, is amended to read as follows: 18.92.070 Automobile Parking Design Requirements A. Size and Access. All required parking areas shall be designed in accordance with the parking layout chart at the end of this Chapter. Parking spaces shall be a minimum Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 55 - of 9 x 18 feet, except that 50% of the spaces may be compact spaces in accord with 18.92.050. ParkinQ soaces aftd shall have a 22 faat back-up maneuverinQ space no less than twenty-two (22) feet. except where parking is angled. and which does not necessitate movinQ of other vehicles. B. Driveways and Turn-Arounds. Driveways and turn-arounds providing access to parking areas shall conform to the following provisions: 1. A driveway for a single dwelling shall have a minimum width of nine feet, and a shared driveway serving two units shall have a width of 12 feet. 2. Parking areas of more than seven parking spaces per lot shall be provided with adequate aisles or turn-around areas so that all vehicles may enter the street in a forward manner. 3. Parking areas of more than seven parking spaces shall be served by a driveway 20 feet in width and constructed to facilitate the flow of traffic on or off the site, with due regard to pedestrian and vehicle safety, and shall be clearly and permanently marked and defined. Parking areas of seven spaces or less shall be served by a driveway 12 feet in width. 4. Shared Use of Driveways and Curb Cuts. a. Developments subject to a planning action or divisions of property, either by minor land partition or subdivision, shall minimize the number of driveway intersections with streets by the use of shared driveways with adjoining lots where feasible. In no case shall driveways be closer than 24 feet as measured from the bottom of the existing or proposed apron wings of the driveway approach. b. Plans for property being partitioned or subdivided or for multi-family developments shall indicate how driveway intersections with streets have been minimized through the use of shared driveways and shall indicate all necessary access easements. c. Developments subject to a planning action shall remove all curb cuts and driveway approaches not shown to be necessary for existing improvements or the proposed development. Cuts and approaches shall be replaced with standard curb, gutter or sidewalk as appropriate. All replacement shall be done under permit of the Engineering Division. C. Vertical Clearances. Driveways, aisles, turn-around areas and ramps shall have a minimum vertical clearance of 13'6" for their entire length and width. D. Vision Clearance. No obstructions may be olaced in the vision clearance area exceot as set forth in Section 18.68.020. Na SigAS, strl:ldl:lres ar ..:egetatiaA itt exeess af twa aAEI aAe half feet iA height shall be placeEl iA the wisiaA c1earaAce area. The '.isiaA' elearaAee area is the triaAgle far""eEl by a IiAe eaAAediAg paiAts 25 feet fra"" the iAterseetiaA af prapert'lIiAes. IA the ease af aA iAterseetiaA iA...al....iAg aA aile)" aAEI a street, the triaAgle is far""eEl b'J' a IiAe caAAediAg paiAts teA (10) feet alaAg the aile', aAEI 25 feet alaAg the street. .....heA the aAgle af iAterseetiaA betweeA the street aAEI the alley is less thaA 39 Elegrees, the ElistaAee shall be 25 feet. Ha SigAS, strl:ldl:lres ar "JegetatiaA ar partiaA thereaf shall be ereeteEl withiA teA (10) feet af Elrh.'ev;aJs l:IAless the sa""e is less thaA twa aAEI aAe half feet iA height. The ".'isiaA e1earaAce staAElarEls establisheEl b'/ this sediaA are Aat sl:lbjed ta the 'JariaAee seetiaA af this title. E. Development and Maintenance. The development and maintenance as provided below, shall apply in all cases, except single-family dwellings. 1. Paving. All required parking areas, aisles, turn-arounds and driveways shall be paved with concrete, asphaltic or comparable surfacing, constructed to standards on file in the office of the City Engineer. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 56 - 2. Drainage. All required parking areas, aisles and turn-arounds shall have provisions made for the on-site collection of drainage waters to eliminate sheet flow of such waters onto sidewalks, public rights-of-way, and abutting private property. 3. Driveway approaches. Approaches shall be paved with concrete surfacing constructed to standards on file in the office of the City Engineer. 4. Marking. Parking lots of more than seven spaces shall have all spaces permanently and clearly marked. 5. Wheel stops. Wheel stops shall be a minimum of four inches in height and width and six feet in length. They shall be firmly attached to the ground and so constructed as to withstand normal wear. Wheel stops shall be provided where appropriate for all spaces abutting property lines, buildings, landscaping, and no vehicle shall overhang a public right-of-way. 6. Walls and Hedges. a. Where parking abuts upon a street, a decorative masonry wall or evergreen hedge screen of 30-42 inches in height and a minimum of 12" in width shall be established parallel to and not nearer than two feet from the right-of-way line. Screen planting shall be of such size and number to provide the required screening within 12 months after installation. The area between the wall or hedge and street line shall be landscaped. All vegetation shall be adequately maintained by a permanent irrigation system, and said wall or hedge shall be maintained in good condition. The required wall or screening shall be designed to allow for free access to the site and sidewalk by pedestrians. b. In all zones, except single-family zones, where parking facilities or driveways are located adjacent to residential or agricultural zones, school yards, or like institutions, a sight-obscuring fence, wall, or evergreen hedge not less than five feet, nor more than six feet high shall be provided on the property line as measured from the high grade side. Said wall, fence or hedge shall be reduced to 30 inches within required setback area, or within 10 feet of street property lines, and shall be maintained in good condition. Screen plantings shall be of such size and number to provide the required screening within 12 months after installation. Adequate provisions shall be made to protect walls, fences or plant materials from being damaged by vehicles using said parking areas. 7. Landscaping. In all zones, all parking facilities shall include landscaping to cover not less than 7% of the area devoted to outdoor parking facilities, including the landscaping required in subdivision 6(a) above. Said landscaping shall be uniformly distributed throughout the parking area, be provided with irrigation facilities and protective curbs or raised wood headers. It may consist of trees, plus shrubs, ground cover or related material. A minimum of one tree per seven parking spaces is required. 8. Lighting of parking areas within 100 feet of property in residential zones shall be directed into or on the site and away from property lines such that the light element shall not be directly visible from abutting residential property. SECTION 93, 18.96.070, Sign Regulations, Residential sign Regulations, of the Ashland Municipal Code, is amended to read as follows: 18.96.070 Residential_and North Mountain Sign Regulations. Signs in the residential (R) and North Mountain (NM) districts fR7 shall conform to the following regulations: A. Special Provisions: Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 57 - 1. No sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. 2. Internally illuminated signs shall not be permitted. 3. Nothing contained herein shall be construed as permitting any type of sign in conjunction with a commercial use allowed as a home occupation, as no signs are allowed in conjunction with a home occupation. Signs in residential areas are only permitted in conjunction with a Conditional Use. B. Type of Signs Permitted. 1. Neighborhood identification signs. One sign shall be permitted at each entry point to residential developments not exceeding an area of six square feet per sign with lettering not over nine inches in height, located not over three feet above grade. 2. Conditional Uses. Uses authorized in accordance with the Chapter on Conditional Use Permits may be permitted one ground sign not exceeding an overall height of five feet and an area of fifteen square feet, set back at least ten feet from property lines; or one wall sign in lieu of a ground sign. Such signs shall be approved in conjunction with the issuance of such conditional use permit. Said signs shall not use plastic as part of the exterior visual effect and shall not be internally illuminated. 3. Retail commercial uses allowed as a conditional use in the Railroad District and traveler's accommodations in residential zones shall be allowed one wall sign or one ground sign which meets the following criteria: a. The total size of the sign is limited to six square feet. b. The maximum height of any ground sign is to be three feet above grade. c. The sign must be constructed of wood and cannot be internally illuminated. 4. North Mountain Sians. Sians for aooroved non-residential uses within the NM-R15. NM-C and NM Civic zones shall be oermitted one around sian not exceedina an overall heiaht of five feet and an area of fifteen sauare feet. set back at least ten feet from orooertv lines: or one wall or awnina sian in lieu of a around sicm. Said sians shall not use Dlastic as Dart of the exterior visual effect and shall not be internallv illuminated. SECTION 94, 18.96.150, Sign Regulations, Governmental Signs, of the Ashland Municipal Code, is amended to read as follows: 18.96.150 Governmental Signs. Governmental agencies may apply for a Conditional Use to place a sign that does not conform to this Code when the CSfI'IfI'IissisR it is determinegs that, in addition to the criteria for a conditional use, the sign is necessary to further that agency's public purpose. SECTION 95, 18.108.015, Procedures, Pre-Application Conference, of the Ashland Municipal Code, is amended to read as follows: 18.108.015, Pre-Application Conference, An applicant shall request a pre-application conference prior to submitting an application for a Type I, II or III planning action....Q! an Exoedited Land Division. The purpose of the conference shall be to acquaint the applicant with the substantive and procedural requirements of the Land Use Ordinance, provide for an exchange of information regarding applicable elements of the comprehensive plan and development requirements and to identify policies and Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 58 - regulations that create opportunities or pose significant constraints for the proposed development. The Staff advisor is authorized to waive ore-aoolication conference reauirements and to create orocedures which allow for electronic or other alternative forms of conferences. SECTION 96, 18.108.017, Procedures, Applications, of the Ashland Municipal Code, is amended to read as follows: 18.108.017 Applications. A. In order to initiate a planning action, three Eapies af a complete application shall be submitted to the Planning Department as set forth below. 1. Complete applications shall include: a. All of the required information for the specific action requested, b. Written findings of fact, c. Complete and signed application form. The application must be signed by one or more property owners of the property for which the planning action is requested, or their authorized agents. The application shall not be considered complete unless it is accompanied by the appropriate application fee. 2. Incomplete applications are subject to delay in accordance with ORS 227.178. The City will inform the applicant of deficiencies within 30 days of application. The applicant then has 31 days in which to provide a complete application. The City will begin the appropriate application procedure when the application is deemed complete, or at the end of the 31 day period. 3. The Staff Advisor is authorized to set standards and orocedures for aoolication submittal reauirements. includina the number and tvoe of aoolications reauired (e.a. hard and/or electronic cooies). size and format of aoolications (e.a. oaoer size and electronic format). and dates when aoolications can be received. The Staff Advisor shall make the reauirements for aoolication submittals readilv available to the oublic to review. B. All applicants for Types I, II and III planning actions shall have completed a pre- application conference for the project within a 6-month time period preceding the filing of the application. This requirement may be waived by the Staff Advisor if in the Staff Advisor's opinion the information to be gathered in a pre-application conference already exists in the final application. SECTION 97, 18.108.020, Procedures, Types of Procedures, of the Ashland Municipal Code, is amended to read as follows: 18.108.020 Types of Procedures-,- There are three aeneral tvoes of orocedures: 1) ministerial actions: 2) olannina actions. and 3) leaislative amendments. When a oroiect orooosal involves more than one aoolication and more than one tvoe of orocedure. the aoolications shall be reviewed toaether bv the same decision body and follow the hiahest level orocedure aoolyina to anyone of the aoolications. A. Ministerial Actions. The Staff Advisor shall have the authority to review and approve or deny the following matters which shall be ministerial actions: 1. Final subdivision plat approval. (18.80.050) 2. Final partition map approval. (18.76.120) 4. Minor amendments to subdivisions and partitions. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 59 - 5. Boundary line adjustments. (18.76.140) 6. Zoning permits. (18.112.010) 7. Sign permits. (18.96.050) 8. Home occupation permits. (18.94.130) 9. Extension of time limits for aooroved olannino actions (18.112.030). 10.Mechanical eouioment exemot from Site Review. 11.Conversion of existino multi-familv dwellino units into for-ourchase housino. B. Planning Actions. All planning actions shall be subject to processing by one of the four following procedures: h Staff Permit Precedl:lre 1~. Type I Procedure .23-. Type II Procedure J4. Type III Procedure 4. Exoedited Land Divisions C. Legislative Amendments. Legislative amendments shall be subject to the procedures established in section 18.108.170. SECTION 98, 18.108.025, Procedures, Consolidated Review Procedures, of the Ashland Municipal Code, is added and reads as follows: 18.108.025 Consolidated Review Procedures~ An aoolicant may aoolv at one time for all oermits or zone chanoes needed for a develooment oroiect. The consolidated orocedure shall be subiect to the time limitations set out in ORS 227.178. The consolidated orocedure shall follow the most restrictive orocedure in the develooment oroiect. SECTION 99, 18.108.030, Procedures, Expedited Land Divisions - Staff Permits, of the Ashland Municipal Code, is amended to read as follows: 18.108.030, Exoedited Land Divisions Staff Permit Preeedl:lre. A. Aoolicabilitv. 1. An exoedited land division is an action that: a. Includes land that is zoned for residential uses. b. Is solelv for the ourooses of residential use. includino recreational or ooen soace uses accessory to residential use. c. Does not orovide for dwellinos or accessory buildinos to be located on land that is soecificallv maooed and desionated for full or oartial orotection of natural features that orotect ooen soaces. ohvsical and environmental constraints oer Chaoter 18.62. rioarian corridors. wetlands. desionated historic districts or structures. d. Meets minimum standards in the Street Standards Handbook and Section 18.88.050. e. Creates enouoh lots or oarcels to allow buildino residential units at SO oercent (SO%) or more of the maximum net density oermitted bv the zonino desionation of the site. 2. A land division that creates three or fewer oarcels under ORS 92.010 and ALUO 18.76. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 60 - 3. An exoedited land division as described in this section is not a land use decision or a limited land use decision under ORS 197.015 or a oermit under ORS 227.160. 4. All reauirements outlined in Chaoter 18.76 aoolv to exoedited land divisions exceot for those orovisions modified within this section. B. Procedure and Notice Reauirements. 1. Aoolication Comoleteness. a. If the aoolication for exoedited land division is incomolete, the Staff Advisor shall notifY the aoolicant of exactlv what information is missina within 21 days of receiot of the aoolication and allow the aoolicant to submit the missina information. For ourooses of comoutation of time under this section, the aoolication shall be deemed comolete on the date the aoolicant submits the reauested information or refuses in writina to submit it. b. If the aoolication was comolete when first submitted or the aoolicant submits the reauested additional information within 180 days of the date the aoolication was first submitted, aooroval or denial of the aoolication shall be based uoon the standards and criteria that were aoolicable at the time the aoolication was first submitted. 2. The city shall orovide written notice of the receiot of the comoleted aoolication for an exoedited land division to any state aaencv, local aovernment or soecial district resoonsible for orovidina oublic facilities or services to the develooment and to owners of orooertv within 100 feet of the entire contiauous site for which the aoolication is made. The notification list shall be com oiled from the most recent orooertv tax assessment roll. For ourooses of aooeal to the referee under ORS 197.375, this reauirement shall be deemed met when the local aovernment can orovide an affidavit or other certification that such notice was aiven. Notice shall also be orovided to any neiahborhood or community olannina oraanization recoanized bv the aovernina body and whose boundaries include the site. 3. The notice reauired under subsection (21 of this section shall: a. State: i. The deadline for submittina written comments: ii. That issues that may orovide the basis for an aooeal to the referee must be raised in writina orior to the exoiration of the comment oeriod: and iii. That issues must be raised with sufficient soecificitv to enable the local aovernment to resoond to the issue. b. Set forth, bv commonlv used citation, the aoolicable criteria for the decision. c. Set forth the street address or other easilv understood aeoaraohical reference to the subiect orooertv. d. State the olace, date and time that comments are due. e. State a time and olace where cooies of all evidence submitted bv the aoolicant will be available for review. f. Include the name and teleohone number of a local aovernment contact oerson. a. Brieflv summarize the local decision-makina orocess for the exoedited land division decision beina made. 4. After notice under subsections (21 and (31 of this section, the city shall: Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 61 - a. Provide a 14-dav oeriod for submission of written comments orior to the decision. b. Make a decision to aoorove or deny the aoolication within 63 days of receivina a comoleted aoolication, based on whether it satisfies the substantive reauirements of the local aovernment's land use reaulations. An aooroval may include conditions to ensure that the aoolication meets the aoolicable land use reaulations. For aoolications subiect to this section, the city: i. Shall not hold a hearina on the aoolication: and ii. Shall issue a written determination of comoliance or noncomoliance with aoolicable land use reaulations that includes a summary statement exolainina the determination. The summary statement may be in any form reasonably intended to communicate the local aovernment's basis for the determination. c. Provide notice of the decision to the aoolicant and to those who received notice under subsection (2) of this section within 63 days of the date of a comoleted aoolication. The notice of decision shall include: i. The summary statement described in oaraaraoh (bHii) of this subsection: and ii. An exolanation of aooeal riahts under ORS 197.375 C. Aooeals 1. An aooeal of a decision made under ORS 197.360 and 197.365 shall be made as follows: a. An aooeal must be filed with the local aovernment within 14 days of mailina of the notice of the decision under ORS 197.365 (4), and shall be accomoanied by a $300 deoosit for costs. b. A decision may be aooealed by: i. The aoolicant: or ii. Any oerson or oraanization who files written comments in the time oeriod established under ORS 197.365. c. An aooeal shall be based solely on alleaations: i. Of violation of the substantive orovisions of the aoolicable land use reaulations: ii. Of unconstitutionality of the decision: Hi. That the aoolication is not eliaible for review under ORS 197.360 to 197.380 and should be reviewed as a land use decision or limited land use decision: or iv. That the oarties' substantive riahts have been substantially oreiudiced by an error in orocedure by the local aovernment. 2. The city shall aoooint a referee to decide the aooeal of a decision made under ORS 197.360 and 197.365. The referee shall not be an emoloyee or official of the local aovernment. The City Administrator is authorized to hire, under contract on an as needed basis, a referee to decide such aooeals. If the city has desianated a hearinas officer under ORS 227.165, the City Administrator may desianate the hearinas officer as the referee for aooeals of a decision made under ORS 197.360 and 197.365. 3. Within seven days of beina aooointed to decide the aooeal, the referee shall notify the aoolicant, the local aovernment, the aooellant if other than the aoolicant, any oerson or oraanization entitled to notice under ORS 197.365 (2) that orovided written comments to the Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 62 - local Qovernment and all oroviders of oublic facilities and services entitled to notice under ORS 197.365 (21 and advise them of the manner in which they may oarticioate in the aooeal. A oerson or orQanization that orovided written comments to the local Qovernment but did not file an aooeal under subsection (11 of this section may oarticioate onlv with resoect to the issues raised in the written comments submitted by that oerson or orQanization. The referee may use any orocedure for decision-makinQ consistent with the interests of the oarties to ensure a fair oooortunity to oresent information and arQument. The referee shall orovide the local Qovernment an oooortunity to exolain its decision. but is not limited to reviewinQ the local Qovernment decision and may consider information not oresented to the local Qovernment. 4. Referee Decision. a. The referee shall aooly the substantive requirements of the local Qovernment's land use reQulations and ORS 197.360. If the referee determines that the aoolication does not Qualify as an exoedited land division as described in ORS 197.360. the referee shall remand the aoolication for consideration as a land use decision or limited land use decision. In all other cases. the referee shall seek to identify means by which the aoolication can satisfy the aoolicable requirements. b. The referee may not reduce the density of the land division aoolication. The referee shall make a written decision aoorovinQ or denyinQ the aoolication or aoorovinQ it with conditions desiQned to ensure that the aoolication satisfies the land use reQulations. within 42 days of the filinQ of an aooeal. The referee may not remand the aoolication to the local Qovernment for any reason other than as set forth in this subsection. 5 Unless the QoverninQ body of the local Qovernment finds exiQent circumstances. a referee who fails to issue a written decision within 42 days of the filinQ of an aooeal shall receive no comoensation for service as referee in the aooeal. 6. NotwithstandinQ any other orovision of law. the referee shall order the city to refund the deoosit for costs to an aooellant who materially imoroves his or her oosition from the decision of the local Qovernment. The referee shall assess the cost of the aooeal in excess of the deoosit for costs. uo to a maximum of $500. includinQ the deoosit oaid under subsection (1) of this section. aQainst an aooellant who does not materially imorove his or her oosition from the decision of the local Qovernment. The local Qovernment shall oay the oortion of the costs of the aooeal not assessed aQainst the aooellant. The costs of the aooeal include the comoensation oaid the referee and costs incurred by the local aovernment. but not the costs of other oarties. D. Effective Date of Decision. Unless aooealed within 14 days of mailina a notice of decision. the Staff Advisor decision becomes final on the 15th day. Aooeals shall be considered as set forth in ALUO 18.108.030(C1 and ORS 197.375. A. Actians Inell:IEleEl. The fallawing planning adians shall be subjed ta the Staff Per....it PraeeEltlre: 1. Site Re..devJ far twa ar three resiElential units an a single lat. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 63 - 2. Ph'isieal af1d Ef1viraf1mef1tal Caf1straif1ts Revie',{i Permits as alla'.yed if1 Chapter 18.62. 3. '1ariaf1ces described if1 Sectiaf1 18.70.060. 4. Site Re....iews if1 C 1, E 1, HC af1d ~. zaf1es far expaf1siaf1s af af1 existif1g use that da f1at reEluire f1ew buildif1g area if1 excess af 2,599 sEluare feet, ar madificatiaf1 af mare thaf1 19n/o af the area af the site. 5. Extef1siaf1 af time limits far appra'.'ed plaf1f1if1g actiaf1s. Twa extef1siaf1s af up ta 12 maf1ths each ma"1 be appra....ed uf1der the fallawif1g caf1ditiaf1s: a. A chaf1ge af caf1ditiaf1s, far v;hich the applicaf1t was f1at respaf1sible, pre~'ef1ted the applicaf1t fram campletif1g the de"Jelapmef1t withif1 the arigif1al time Iimitatiaf1, af1d b. Laf1d Use Ordif1af1ce reEluiremef1ts applicable ta the deyelapmef1t ha"..e f1at chaf1ged sif1ce the arigif1al appraval. Af1 extef1siaf1 ma'l be graf1ted, ha....iever, if reEluiremef1ts ha'..e chaf1ged af1d the applicaf1t agrees ta camplv with af1,' such chaf1ges. 6. The fallaviif1g de',,"elapmef1ts subject ta the Site Desigf1 af1d Use Staf1dards if1 sectiaf1 18.72.949.A: a. Af1'i chaf1ge af accupaf1c", fram a less if1tef1si'..e ta a mare if1tef1si',,"e accupaf1cy, as defif1ed if1 the City buildif1g cade, ar af1Y chaf1ge if1 use which reEluires a greater f1umber af parldf1g spaces. b. Af1"j additiaf1 less thaf1 2,599 sEluare feet ar tef1 percef1t af the buildif1g's sEluare faatage, whiche',,"er is less, ta a buildif1g. c. All if1stallatiaf1s af mechaf1ical eEluipmef1t if1 af1', zaf1e. d. If1stallatiaf1 af disc af1tef1f1as subject ta the reEluiremef1ts af Sectiaf1 18.72.169. Af1Y disc af1tef1f1a far cammercial use if1 a residef1tial zaf1e shall alsa be subject ta a Caf1ditiaf1al Use Permit (18.194). e. Af1Y exteriar chaf1ge ta a structure listed af1 the Natiaf1al Register af Histaric Places. 7. Af1'~' ather plaf1f1if1g actiaf1 desigf1ated as subject ta the Staff Permit Pracedure. 8. Other plaf1f1if1g actiaf1s f1at atherwise listed ar desigf1ated as a T't'pe I, II ar III pracedure. B. Time Limits, Natice af1d Hearif1g ReEluiremef1ts. Applicatiaf1s subject ta the Staff Permit Pracedure shall be pracessed as fallaws: 1. V:ithif1 14 da'ls after receipt af a camplete applicatiaf1 the Staff Ad'.'isar shall appra'\(e, appra.....e with caf1ditiaf1s ar def1"' the applicatiaf1 uf1less such time Iimitatiaf1 is extef1ded with the caf1sef1t af the applicaf1t. The Staff Advisar shall ef1ter fif1dif1gs af1d caf1clusiaf1s ta justif', the decisiaf1. 2. Natice af the decisiaf1 shall be mailed VJithif1 sevef1 days af the decisiaf1. The f1atice shall caf1taif1 the fallawif1g if1farmatiaf1: a. The decisiaf1 af the Staff Ad.....isar af1d the date af the decisiaf1. b. That f1a public hearif1g will be held uf1less specificall', reEluested. c. That a reEluest far a public hearif1g must be made b"j the date if1dicated af1 the f1atice if1 arder far a public hearif1g ta be scheduled. d. That a reEluest far a public hearif1g shall if1clude the f1ame af1d address af the persaf1 reEluestif1g the public hearif1g, the file f1umber af the plaf1f1if1g aetiaf1 af1d the specific grauf1ds far which the decisiaf1 shauld be re',,"ersed ar madified, based af1 the applicable criteria ar pracedural irregularit.~.. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 64 - 3. Natiee shall be mailed ta the falla.......i..g persa..s: a. The appliea..t, ar atltharized age..t. b. The stlbjed praperty a"A"..er. e. All a,,',..crs af reeard af prapcrt'f a.. the mast reee..t prapcrt.... tax assessme..t rail -.yithi.. the ..atiee area ddi..ed as that area VJithi.. 190 feet af thc stlbjed prapert,'. 4. Persa..s ta ..,..ham the ..atiee is mailed shall ha'le 19 da,s fram the date af maili..g i.. which ta reEltlest a ptlblie hcari..g. ReEltlests far a ptlblie heari..g shall meet the fallawi..g rCEluireme..ts: a. The reEltlest shall be filed by the date spedfied i.. the ..atice af deeisia... b. The reEltlest shall be i.. writi..g a..d i..dtlde thc appella..t's ..ame, address, the file "timber af the pla....i..g aelia.. a..d the speeifie grau..ds far which the dedsia.. shatlld be reversed ar madified, based a.. the applieable eriteria ar praeedtlral irregtllarit-~-. S. If a reEltlest far a ptlblie heari..g is timel}' reeei',,'ed, a ptlblie heari..g shall be sehedtlled far the ..ext regtllar Cammissia.. ar Heari..gs Baard meeti..g allawi..g adeEltlate time ta meet the ..atice reEltlireme..ts af sedia.. 18.198.989. The ptlblie heari..g shall be i.. accard with the reEltlireme..ts af seetia.. 18.198.109. SECTION 100, 18.108.040, Procedures, Type I Procedure, of the Ashland Municipal Code, is amended to read as follows: 18.108.040 Type I Procedure. A. Actions Included. The following planning actions shall be subject to the Type I Proced u re: 1. Site Desian Review. The followina develooments that are subiect to the Site Desian Review Standards outlined in 18.72 shall follow the Tvoe I oermit orocedures. a. Downtown Desian Standards Zone. Anv develooment which is less than 2.500 sauare feet or ten oercent of the buildina's sauare footaae. whichever is less. b. Detail Site Review. Anv develooment in the Detail Site Review Zone, as defined in the Site Review Standards adooted oursuant Chaoter 18.72. which is less than 10.000 sauare feet in aross floor area. c. Commercial. Industrial and Non-residential Uses i. All new structures. additions or exoansions in C-l. E-l. HC and M zones. not within the Downtown Desian Standards zone. that do not reauire new buildina area in excess of 200/0 of an existina buildina's sauare footaae or 10.000 sauare feet of aross floor area. whichever is less. ii. Exoansion of imoervious surface area in excess of 100/0 of the area of the site or 1.000 sauare feet. whichever is less iii.Exoansion of oarkina lots. relocation of oarkina soaces on a site. or other chanaes which alters circulation affectina adiacent orooerty or oublic riaht-of-way. iv.Any chanae of occuoancy from a less intensive to a more intensive occuoancy. as defined in the City buildina code. or any chanae in use which reauires a areater number of oarkina soaces. v. Any chanae in use of a lot from one aeneral use cateaory to another aeneral use cateaory. e.a,. from residential to commercial. as Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 65 - defined bv the zonina reaulations of this Code. vi. Anv exterior chanae to a structure which reauires a buildina oermit and is listed on the National Reaister of Historic Places or to a contributina orooertv within an Historic District on the National Reaister of Historic Places. d. Residential i. Two or more residential units on a sinale lot. ii. All new structures or additions less than 10,000 sauare feet of aross floor area, other than sinale-familv homes or accessory uses on individual lots iii.Construction of attached sinale-familv housina (e.a. town homes, condominiums, row houses, etc.) in all zonina districts. iv.Off-street oarkina or landscaoina, in coniunction with an aooroved Performance Standards Subdivision reauired bv ordinance and not located within the boundaries of the individual unit Darcel (e.a. shared oarkina). v. Anv exterior chanae to a structure which reauires a buildina oermit and is listed on the National Reaister of Historic Places. 2. Miscellaneous Actions. 1. Fi"al Pia" Appra'.al far PerfarMa"ee Sta"dards Slibdi....isia"s. 2. Site Re'.'iev-,s ather tha" thase slibjed ta a Staff PerMit Praeedure ar T",pe II Praeedure. 3. Partitia"s ..'-,hieh require "a .....aria"ees ar 6"1,. varia"ees slibjed ta Type I praeedlires. !!,4.Amendments or modification to conditions of approval for Type I planning actions. 5. Creatia" af a priwate wa'" as allawed i" sedia" 18.89.939.8. b. Amendment or modification to conditions of aooroval for Tvoe II actions where the modification involves onlv chanaes to tree removal and/or buildina envelooes.olannina actions. c. Phvsical and Environmental Constraints Review oermits as allowed in Chaoter 18.62. d. Tree removal oermits as reauired bv Section 18.61.042(0). ~6.Conditional Use Permits. The following conditional use permits are subject to Type I review procedures: a. Conditional use permits involving existing structures or additions to existing structures, and not involving more than three (3} residential dwelling units-et" ~ -4:Iemporary uses. c. Enlaraement, exoansion, etc. of nonconformina structures in accordance with 18.68.090(2). d. Government sians oer Section 18.96.150. e. The followina uses in Residential zones: i. Accessorv residential units ii. Oavcare centers. iii. Public and oublic utilitv buildinas, structures and uses less than 2,500 sauare feet in buildina footorint and disturbs less than 7,500 sauare feet of land. iv. Structures in excess of 35 feet in R-3 zone. v. All new structures, additions or exoansions that exceed MPFA in historic district uo to 250/0, but the addition is no laraer than 300 s.f. or 100/0 of the existina floor area, whichever is less. vi. Hostels. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 66 - vii. Public parkina Lots in the NM-C zone. viii. Communitv Services in the NM-R15 zone. f. The followina uses in Commercial or Industrial zones: i. Electrical substations ii. Outdoor storaae of commodities. a. The followina uses in the Health Care Services Zone: i. Limited oersonal service oroviders in the home. such as beauticians and masseurs. ii. Professional offices for an accountant. architect. attornev. desianer. enaineer. insurance aaent or adjuster. investment or manaaement counselor or surveyor. iii. Anv medically-related use. located on Citv-owned orooerty that is not soecifically allowed by the Ashland Community Hosoital Master Facility Plan. h. Conditional uses in the Southern Oreaon University District. 1-1-. Variances for: a. Sign placement. b. Non-conforming signs, when bringing them into conformance as described in section 18.96.130.0. c. Up to 50% reduction of standard yard requirements. d. Parking in setback areas. e. Up to 10% reduction in the number of required parking spaces. f. Up to 10% reduction in the required minimum lot area. g. Up to 10% increase in the maximum lot coverage percentage. h. Up to 20% reduction in lot width or lot depth requirements. i. Up to 50% reduction for parking requirements in Ashland's Historic District as described in section 18.92.055. j. Up to 10% variance on height, width, depth, length or other dimension not otherwise listed in this section. k. Site Design and Use Standards as provided in section 18.72.090. 5. Partitions and Land Divisions. a. Partitions which reauire no variances or only variances subject to Tyoe I orocedures. b. Creation of a orivate way. as allowed in section 18.80.030.B. c. Final Plan Aooroval for Performance Standards Subdivisions. 8. The 'ellewing deV'elel3lftents stlbjed te the Site Design and Use Standards in seetien 18.72.949.8: a. An'f ehange in tlse ef a let frelft ene general tlse f:ateger'y' te anether general tlse f:ateger'" e.g., frelft residential te f:elftlfterdal, as defined b.t the zening regtllatiens ef this Cede. b. An'; residential tlse whif:h restllts in fel.:lr d"''l.'elling tlnits er Iftere en a ktt. f:. All ne...., strtldtlres er additiens greater than 2,599 sEltlare fed, eXf:el3t fer de..-elel3lftents indtlded in sedien 18.198.030.A.6. ~9.Any other planning action designated as subject to the Type I Procedure. 7. Prior to the Staff Advisor orovidina notice of aoolication and makina a decision. aoolicants or the Staff Advisor may reauest olannina actions subject to a Tyoe I orocedure be heard by the Commission or Hearinas Board. In such case. the Staff Advisor shall not make a decision and shall schedule a hearina before the Commission or Hearinas Board to be heard as orovided in section 18.108.050. B. Notice of Application. Tilfte Li 1ft its, Netif:e and Hearing ReEltlirelftents. AI3I3Iif:atiens stlbjed te the Type I I"ref:edtlre shall be I3reEessed as 'elle-.'/s: Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 67 - 1. Within 10 days of the city's determination that an aoolication is comolete, but no less than 20 days before the Staff Advisor makes a decision, written notice of the aoolication shall be mailed to all of the followino: a. Aoolicant. b. Owners of the subject orooertv. c. Owners of orooerties located within 200 feet of the perimeter of the subject orooertv. d. Neiohborhood orouo or community oroanization officiallv recoonized bv the city council that includes the area of the subject orooertv. e. For final oartitions. final subdivisions. and final Outline Plans. to interested parties of record from the tentative decision. f. For modification aoolications. to persons who reouested notice of the orioinal aoolication that is beino modified. 2. The written notice shall include all of the followino: a. The street address or other easilv understood oeooraohical reference to the subject orooertv. b. The aoolicable criteria for the decision. listed bv commonlv used citation. c. The olace. date. and time that comments are due. d. A statement that cooies of all evidence relied uoon bv the aoolicant are available for review. and can be obtained at cost. e. A statement that issues that may orovide the basis for an aooeal to the Land Use Board of Aooeals must be raised in writino and with sufficient soecificitv to enable the decision maker to resoond to the issue. f. The name and ohone number of a city contact oerson. o. A brief summary of the local decision makino orocess for the decision beino made. 3. Posted Notice. A notice shall be posted on the subject orooertv in such a manner as to be c1earlv visible from a oublic rioht-of-wav. Postino shall occur no later than the date of mailino notice of aoolication. 4. Notices shall allow a 14-dav oeriod for the submission of written comments. startino from the date of mailino. All comments must be received bv the city within that 14-dav oeriod. C. Decision. Within 45 days of the city's determination that an aoolication is comolete. unless the aoolicant aorees to a lonoer time oeriod. the Staff Advisor shall aoorove. conditionallv aoorove. or deny a Tvoe I aoolication. D. Notice of Decision. 1 Within 5 days after the Staff Advisor renders a decision. the city shall mail notice of the decision to the followino: a. Aoolicant. b. Owner and occuoants of the subject orooertv. c. Neiohborhood orouo or community oroanization officiallv recoonized bv the city that includes the area of the subject orooertv. d. Anv orouo or individual who submitted written comments durino the comment oeriod. e. Those orouos or individuals who reouested notice of the decision. f. Prooertv owners and occuoants of orooertv located within 200 feet of the oerimeter of the subject orooertv. 2. The notice shall include all of the followino: a. A descriotion of the nature of the decision of the Staff Advisor. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 68 - b. An exolanation of the nature of the aoolication and the orooosed use or uses which could be authorized. c. The street address or other easily understood QeoQraohical reference to the subject orooerty. d. The name of a city reoresentative to contact and the teleohone number where additional information may be obtained. e. A statement that a COoY of the aoolication, all documents and evidence submitted by or on behalf of the aoolicant and aoolicable criteria are available for insoection at no cost and will be orovided at reasonable cost. f. A statement that any oerson who was mailed a written notice of the Staff Advisor's decision may reQuest reconsideration or aooeal as orovided in ALUO 18.108.070(B)(2). Q. A statement that the Staff Advisor's decision will not become final until the oeriod for filinQ a local aooeal has exoired. h. An exolanation that a oerson who is mailed written notice of the Staff Advisor's decision cannot aooeal directly to LUBA, 3. Unless the decision is reconsidered or aooealed accordinQ to the orocedures in ALUO 18.108.070(B)(2), the Staff Advisor's decision is effective on the 13th day after notice of the decision is mailed. 1. Camplde applicatians shall be revie'..'ied at the first regularl", scheduled Cammissian meding ......hich is held at least 39 da"iS after the submissian af the camplde applicatian. 2. '.".'ithin 14 da',s after reeeipt af a camplde applicatian, the Staff Ad.isar shall appra'ie, appra'.oe v....ith canditians ar den",' the applieatian unless such time limitatian is extended with the cansent af the applicant. The Staff Ad...isar shall enter findings and eanelusians ta justify the decisian. 3. Natiee af the deeisian shall be mailed '.vithin se';I'en da'is af the deeisian ta the persans described in sedian 18.198.939.B.3. The natice shall cantain the infarmatian reEluired in sedian 18.198.939.B.2 plus a statement that unless a public hearing is reEluested, the adian will be re'li'iewed b", the Cammissian. Persans ta wham the natiee is mailed shall ha....e 19 days fram the date af mailing in VJhich ta reEluest a public hearing bdare the Cammissian. ReEluests far a public hearing shall canfarm ta the reEluirements af seetian 18.198.939.B.4. 4. If a reEluest far a public hearing is timel..," receh..ed, a public hearing shall be seheduled far the next regular Cammissian ar Hearings Baard meding allawing adeEluate time ta campi,' with the natice reEluirements af sedian 18.198.989. The public hearing shall be in accard 'Itith the reEluirements af sedian 18.108.100. S. If na reEluest far a public hearing is timely recehoed, the decisian shall be re,,"ie'..,ed by the Cammissian ar Hearings Baard at its first regularl't" scheduled meding 39 da"iS after submissian af the applicatian. The Cammissian ar Baard ma..': a. Amend the deeisian; in sueh ease, the aetian shall be re natieed as a Tvpe I deeisian, with a 7 da..' periad w'ithin which ta reEluest a public hearing, exeept that the Cammissian shall nat re,,'iew the decisian again shauld there be na such reEluest filed. b. Initiate a publie hearing af the deeisian, thraugh a majarit., 'Jate af thase in attendance, ta be heard at the fallawing manth's regularlt" scheduled Cammissian ar Baard meding. c. Taite na adian at the meding ...,hen the decisian is seheduled an the agenda. In sueh ease the decisian is final the next da)'. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 69 - 6. Prier te the Staff AEhdser maldng a deeisien, applieants er the Staff Ad"..iser ma"f reEtuest planning aetiens subject te a Type I preeedl:lre be heard by the Cemmissien er Beard. In sl:leh ease, the Staff Adwiser shall net mal(e a decisien and shall sehedule a hearing bdere the Cemmissien er Beard te be heard as pre",dded in sectien 18.108.949.B.4. SECTION 101, 18.108.050, Procedures, Type II Procedure, of the Ashland Municipal Code, is amended to read as follows: 18.108.050 Type II Procedure. A. Actions Included. The following planning actions shall be subject to the Type II Procedure: 1. All Conditional Use Permits not subject to a Type I procedure. 2. All variances not subject to the Type I procedure. 3. Outline Plan for subdivisions under the Performance Standard Options (AMC Chapter 18.88). 4. Preliminary Plat for subdivisions under the standard subdivision code (AMC Chapter 18.80). 5. Final Plan approval for all subdivision requests under the Performance Standard Options not requiring Outline Plan approval. 6. Any aooeal pl:lblic hearing of a Staff Advisor decision, including a Tvoe I Planning Action or Interoretation of the Ashland Land Use Code. resl:llting frem the Staff Permit Preeedl:lre. 7. Any other planning action not designated as subject to the Tvoe I or Tvoe III Type II Procedure. B. Time Limits, Notice and Hearing Requirements. Applications subject to the Type II Procedure shall be processed as follows: 1. The Staff Advisor, acting under the authority of ORS 227.165, may hold an initial evidentiary hearing on Tyoe II aoolications once they are deemed comolete. The Staff Advisor shall transmit cooies of the record develooed at the hearing to the Commission for additional oublic hearing, deliberation and decision. The Staff Advisor is not authorized to make decisions on Tyoe II aoolications. 2-l-.Complete applications shall be heard at ,!Lthe first regularly scheduled Commission meeting which is held at least 30 days after the submission of the complete application. 3~.Notice of the hearing mailed as provided in section 18.108.080. 43. Public hearingfU shall be held before the Commission and/or Staff Advisor in accord with the requirements of section 18.108.100. SECTION 102, 18.108.060, Procedures, Type III Procedures, of the Ashland Municipal Code, is amended to read as follows: 18.108.060, Type III Procedures A. The following planning actions shall be subject to the Type III Procedure: 1. Zone Changes or Amendments to the Zoning Map or other official maps, except for legislative amendments. 2. Comprehensive Plan Map Changes or changes to other official maps, except for legislative amendments. 3. Annexations. 4. Urban Growth Boundary Amendments Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 70 - B. Standards for Type III Planning Actions. 1. Zone changes, zoning map amendments and comprehensive plan map changes subject to the Type III procedure as described in subsection A of this section may be approved if in compliance with the comprehensive plan and the application demonstrates that: a. The change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan; or b. A substantial change in circumstances has occurred since the existing zoning or Plan designation was proposed, necessitating the need to adjust to the changed circumstances; or c. Circumstances relating to the general public welfare exist that require such an action; or d. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district, will provide one of the following: 1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median income; or 2. 25% of the base density to qualifying buyers or renters with incomes at or below 100% of median income; or 3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of median income; or 4. 15% of the base density to qualifying buyers or renters with incomes at or below 60% of median income; or 5. Title to a sufficient amount of buildable land for development is transferred to a non-profit (IRC 501(3)(c)) affordable housing developer or comparable Development Corporation for the purpose of complying with subsection 2 above. The land shall be located within the project and all needed public facilities shall be extended to the aroa or areas proposed for transfer. Ownership of the land shall be transferred to the affordable housing developer or Development Corporation prior to commencement of the project; or e. Increases in residential zoning density of four units or greater on commercial, employment or industrial zoned lands (i.e. Residential Overlay), will not negatively impact the City of Ashland's commercial and industrial land supply as required in the Comprehensive Plan, and will provide one of the following: 1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median income; or 2. 25% of the base density to qualifying buyers or renters with incomes at or below 100% of median income; or 3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of median income; or 4. 15% of the base density to qualifying buyers or renters with incomes at or below 60% of median income; or 5. Title to a sufficient amount of buildable land for development is transferred to a non-profit (IRC 501(3)(c)) affordable housing developer or comparable Development Corporation for the purpose of complying with subsection 2 above. The land shall be located within the project and all needed public facilities shall be extended to the area or areas proposed for dedication. Ownership of the land and/or air space shall be transferred to the affordable housing developer or Development Corporation prior to commencement of the project. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 71 - The total number of affordable units described in sections D or E shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. Sections D and E do not apply to council initiated actions. C. Type III Procedure. 1. Applications subject to the Type III Procedure shall be processed as follows: a. Complete applications shall be heard at the first regularly scheduled Commission meeting which is held at least 45 days after the submission of the application. b. Notice of the hearing shall be mailed as provided in section 18.108.080. c. A public hearing shall be held before the Commission as provided in 18.108.100. 2. Far pla""i"!iI adia"s deseribed i" sedia" 18.108.060.A. 1 a"d 2, the Cammissia" shall haye the atltharit.t" ta talee stleh aetia" as is "eeessary ta malee the ame"dme"ts ta maps a"d za"es as a restllt af the deeisia" withatlt ftlrther adia" fram the Catl"eil t1"less the deeisia" is appealed. The deeisia" af the Cammissia" may be appealed ta the Catl"eil as pra....ided i" sedia" 18.108.110. 3. far pla""i"!iI aetia"s deseribed i" sedia" 18.108.060.A. 3 a"d 2, t 2. The Commission shall make a report of its findings and recommendations on the proposed action. Such report shall be forwarded to the City Council within 45 days of the public hearing. a. Upon receipt of the report, or within 60 days of the Commission hearing, the Council shall hold a public hearing as provided in 18.108.100. Public notice of such hearing shall be sent as provided in section 18.108.080. b. The Council may approve, approve with conditions, or deny the application. SECTION 103, 18.108.070, Procedures, Effective Date of Decision and Appeals, of the Ashland Municipal Code, is amended to read as follows: 18.108.070, Effective Date of Decision and Appeals. A. Ministerial actions are effective on the date of the decision of the Staff Advisor and are not subject to appeal. B. Actions subject to appeal: 1. Staff Permit Deeisia"s. EXDedited Land Divisions. Unless aDDealed within 14 days of mailina a notice of decision, the Staff Advisor decision becomes final on the 15th day. ADDeals shall be considered as set forth in ALUO 18.108.030CC) and ORS 197.375. U"less a reEltlest far a ptlblie heari"!iI is made, the fi"al deeisia" af the City far pla""i"!iI adia"s restllti"!iI fram the Staff Permit praeedtlre shall be the Staff Ad....isar deeisia", ....hieh shall be effedhre te" da.js after the date af deeisia". If heard b.t" the Cammissia" ar Baard, the Cammissia" ar Baard deeisia" shall be the fi"al deeisia" af the Cit"t" a" stleh matters, effedh,,'e 15 da.fs after the fi"di"!ils adapted by the Cammissia" are si!il"ed by the Chair af the Cammissia" a"d mailed ta the parties. 2. Type I Planning Actions. a. Effective Date of Decision. U"less a reEltlest far a publie heari"!iI is made, t,Ihe final decision of the City for planning actions resulting from the Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 72 - Type I Planning Procedure shall be the Staff Advisor decision, effective on the 13th day after notice of the decision is mailed sEhedl:lled to be re-.de"'ied b)' the COMMission or Board. If a ~l:IbliE hearing is held b't" the COMMission or Board, the dedsion of the COMMission or Board shall be the final dedsion of the Cit'f', unless reconsideration of the action is aooroved bv the Staff Advisor or appealed to the COl:lnEiI Commission as provided in section 18.108.070CBH2Hc).119.A. b. Reconsideration. The Staff Advisor may reconsider Tvoe I olanninQ actions as set forth below. i. Anv oartv entitled to notice of the olanninQ action, or any City AQencv may reQuest reconsideration of the action after the decision has been made bv orovidinQ evidence to the Staff Advisor that a factual error occurred throuQh no fault of the Darty askinQ for reconsideration, which in the ooinion of the staff advisor, miQht affect the decision. Reconsideration reQuests are limited to factual errors and not the failure of an issue to be raised bv letter or evidence durinQ the oooortunitv to orovide oublic inout on the aoolication sufficient to afford the Staff Advisor an oooortunitv to resoond to the issue orior to makinQ a decision. ii. Reconsideration reQuests shall be received within five (5) days of mailinQ. The Staff Advisor shall decide within three (3) days whether to reconsider the matter. iii. If the PlanninQ Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for ourooses of reconsideration. The Staff Advisor shall decide within ten (10) days to affirm, modify, or reverse the oriQinal decision. The Staff Advisor shall send notice of the reconsideration decision to affirm, modify, or reverse to any oartv entitled to notice of the olanninQ action. iv. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration reQuest. Notice of denial shall be sent to those Darties that reQuested reconsideration. c. Aooeal. i. If a ~l:IbliE hearing is held, Within twelve (12) days of the date of the mailinQ of the Staff Advisor's final decision, includinQ any aooroved reconsideration reQuest, the decision may be aooealed to the PlanninQ Commission bv any Darty entitled to receive notice of the olanninQ action. The aooeal shall be submitted to the PlanninQ Commission Secretary on a form aooroved bv the City Administrator, be accomoanied bv a fee established oursuant to City Council action, and be received bv the city no later than 4:30 O.m. on the 12th day after the notice of decision is mailed. ii. If an aooellant orevails at the hearinQ or uoon subseQuent aooeal, the fee for the initial hearinQ shall be refunded. The fee reQuired in this section shall not aoolv to aooeals made bv neiQhborhood or community orQanizations recoQnized bv the city and whose boundaries include the site. III. The aooeal shall be considered at the next reQular PlanninQ Commission or HearinQs Board meetinQ. The aooeal shall be a de novo hearinQ and shall be considered the initial evidentiary hearinQ Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 73 - required under ALUO 18.108.050 and ORS 197.763 as the basis for an aooeal to the Land Use Board of Aooeals. The PlanninQ Commission or HearinQs Board the fiRal decision on aooeal shall be effective 135 days after the findings adopted by the Commission or Board are signed by the Chair of the Commission or Board and mailed to the parties. iv. The aooeal requirements of this section must be fullv met or the aooeal will be considered bv the city as a jurisdictional defect and will not be heard or considered. d. Final Decision of City. The decision of the Cel:lReil Commission shall be the final decision of the City on appeals heard by the Cel:lReil Commission on Tvoe I PlanninQ actions, effective the day the findings adopted by the CeuReil Commission are signed by the "ayer Chair and mailed to the parties. 3. Type II Planning Actions. a. Effective Date of Decision. The decision of the Commission is the final decision of the City resulting from the Type II Planning Procedure, effective 1~5 days after the findings adopted by the Commission are signed by the Chair of the Commission and mailed to the parties, unless reconsideration of the action is authorized as orovided in Section (b) below or appealed to the Council as provided in section 18.108.110.A. b. Reconsideration. i. The Staff Advisor on his/her own motion. or any Rartv entitled to notice of the olannina action may request reconsideration of the action after the PlanninQ Commission final decision has been made bv Droviding evidence to the Staff Advisor addressina one or more of the followina: (1) new evi.-;lence ",ater,al to the decision exists which was unavailable. throuQh no fault of the requestinC)l Dartv. when the record of the Droceedina was ODen: (2) a factual error occurred throuQh no fault of the reguesting Danx which is relevant to an aDDroval criterion and material to the decision; (3) a Drocedural error occurred. through no fault of the reauestina oartv. that Drejudiced the reauestina Darty'S substantial rights and remandina the matter will correct the error. Reconsideration reauests are limited to errors identified above and not the failure of an issue to be raised by letter or evic)eoce during the oDDortunitv to vrovide DubUc inDut on the aDDlicatiQn s\lfficient to afford the Staff Advisor an ODDortunity to resDond to the issue grior to m~~iOG a decision. Ii. Reconsideration reGuests shall be received within seven (7) days of mailinG. The Staff Advisor shall DromDtly decide whether to t'ec~msider the matter. iii. If the Staff AdYisor is satisfied that an error occurred as identified above and is crucial to the decision. the Staff Advisor shall schedule reconsideration with notice to DarticiDants of the matter before the PlanninG Commission. Reconsideration shall be scheduled before the Planning Commission at the next regularlv scheduled meetinG. Reconsideration shall be limited to the Dortion of the decision affected bv the alleGed errors identified in DaraaraDh 3.b.i above. iv. The PlanninQ Commission shall decide to affirm. modify. or reverse the oriGinal decision. The PlanninG Commission Secretary shall Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 74 - sendn.otieeofthe rec::Onsideration decisionto<any< Darty entitled<to !!!~!!!!!!!II)I~!~~~!I~!!~On.. g. "'",~IImecisi,nIofIei.;.<l.Jnless:thedec:ision<isrernandedto..:. the Plannina eommission~the decision of the City Cou~.s.i.I..<~.~~H b:.t~..:: !.inal de~ision o~.<.~..~.: City on appeals heard by the Council,onl'YDell.Plannina actions. effective the day the findings adopted by the Council are signed by the Mayor and mailed to the parties. 4. l'ype III Planning Actions. Far plaAAiAg actiaAS described iA sectiaA 18.108.060.A.l aAd 2, the dedsiaA af the Ca",,,,issiaA shall be the fiAal dedsiaA af the City resl:lltiAg fra", the l'o,.pe III PlaAAiAg Pracedl:lre, l:IAless appealed ta the Cal:lAcil as prawided iA sediaA 18.108.110.A. l'he fiAal dedsiaA shall be effectio..e 115 daO{s after the fiAdiAgS adapted b, the Ca",,,,issiaA are sigAed by the Chair af the Ca",,,,issiaA aAd ",ailed ta the parties. l'he decisiaA af the Cal;JAcil shall be the fiAal deeisiaA af the City aA appeals heard by the Cal:lAcil, dfediye the da'{ the fiAdiAgS adapted by the Cal:lAcil are sigAed bo,. the ~4ao;ar aAd ",ailed ta the parties. For planning actions described in section 18.108.060.A.l thru 3 aAd 4, the decision of the Council shall be the final decision of the City, effective the day the findings adopted by the Council are signed by the Mayor and mailed to the parties. 5. The City Council may call up any planning action for a pl:lblic heariAg aAd decision upon motion and majority vote, provided such vote takes place in the required aDDeal ftme period, as al:ltliAed belaw. Unless the Dlannina action is aDDealed and a Dublic hearina is reauired. the City Council review of the Plannina Action is limited to the record and Dublic testimony is not allowed. l'he City Council may affirm. modify or reverse the decision of the Plannina Commission. or may remand the decision to the Plannina Commission for additional consideration if sufficient time is Dermitted for makina a final decision of the city. l'he City Council shall make findinas and conclusions and cause cODies of a final order to be sent to all Darties of the Dlannina action. C. No building or zoning permit shall be issued for any action under this Title until the decision is final, as defined in this section. SECl'ION 104, 18.108.080, Procedures, Public Notice, of the Ashland Municipal Code, is amended to read as follows: 18.108.080, Public Hearina Notice. Public notice for hearings before the Staff Advisor. Hearings Board or Commission for planning actions shall be given as follows: A. Notices shall be mailed at least 10 days prior to the hearing to: 1. The applicant or authorized agent, 2. The subject property owner, and 3. All owners of record of property on the most recent property tax assessment roll within 200 feet of the subject property.I:IAless the heariAg has beeA reql:lested I;JAder the Staff Per",it pracedl:lre. 11'1 sl:lch case the Aatiee shall be ",ailed aAI"( ta aV"Aers withiA 199 feet af the sl:lbject prapert,. B. Mailed notices shall contain the following information, provided, however, that notices for hearings before the Council shall not contain the statements specified in paragraphs 8 and 9: Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 75 - 1. Explanation of the nature of the application and the proposed use or uses which could be authorized. 2. List of the applicable criteria from the ordinance and the plan that apply to the application at issue. 3. The street address or other easily understood geographical reference to the subject property. 4. The name of a local government representative to contact and the telephone number where additional information may be obtained. 5. A statement that a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost. 6. The date, time and location of the hearing or of the meeting, if no hearing is involved. 7. A statement that failure of an issue to be raised in a hearing, in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue precludes an appeal to the Land Use Board of Appeals (LUBA) based on that issue. 8. A statement that if additional documents or evidence is provided in support of the application, any party shall be entitled to a continuance of the hearing. 9. A statement that unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. C. Posted Notice. Except fer Staff Permit Precedtlre plaAAiAg aetieAs, A notice, as described in this subsection, shall be posted on the subject property by the applicaAt city in such a manner as to be clearly visible from a public right-of- way at least 10 days prior to the date of the CemmissieA meetiAg. Failure by the applieaAt city to post a notice, or post in clear view from a public right-of- way shall be considered an incomplete application. The applicaAt city shall certify, for the record of the hearing, that the posting was accomplished. The failure of the posted notice to remain on the property shall not invalidate the proceedings. The posted notice shall only contain the following information: planning action number, brief description of the proposal, phone number and address for contact at Ashland Planning Department. D. Additional Requirements for Type II and III Public Notice. In addition to the notice specified in section 18.108.080.A, Band C, notice for Type II and III procedures shall be published in a newspaper of general circulation in the City at least 10 days prior to the date of the hearing before the Commission. E. The failure of a property owner to receive notice as provided in this section shall not invalidate such proceedings if the City can demonstrate by affidavit that such notice was mailed. The failure to receive notice shall not invalidate the decision after the action is final if a good faith attempt was made to notify all persons entitled to receive notice. F.. Whenever it is demonstrated to the Staff Advisor that: 1. The city did not mail the notice required in 9 18.108.030.B; 2. Such error adversely affected and prejudiced a person's substantial rights; and 3. Such person notified the Staff Advisor within 21 days of when the person knew of should have known of the decision, the Staff Advisor shall schedule a hearing for the next regular Commission or Hearings Board meeting allowing adequate time to comply with the notice requirements of section 18.108.080. The public hearing shall be conducted as provided in 9 18.108.100. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 76 - If a hearing is conducted under this section, the decision of the Commission or Hearings Board shall supersede the previous decision. G. Whenever it is demonstrated to the Staff Advisor that: 1. The city did not comply with the notice requirements in 9 18.108.080.A through E; 2. Such error adversely affected and prejudiced a person's substantial rights; and 3. Such person notified the Staff Advisor within 21 days of when the person knew or should have known of the decision, the Staff Advisor shall schedule a hearing before the Board, Commission or Council that heard or would have heard the matter involving the defective notice. a. The Staff Advisor shall notify by mail all persons who previously appeared in the matter and all persons who were entitled to mailed notice but were not mailed such notice. b. The hearing shall be conducted as provided in 9 18.108.100 if it is a hearing before the Board or Commission, except that the record of the previous hearing shall be reviewed and considered by the Board or Commission. If it is an appeal before the Council, the Council may hear such matters as are permitted in 9 18.108.110. A decision made after the hearing shall supersede the previous decision. H. Notwithstanding the period specified in subsections F.3 and G.3 of this section, the period for a hearing or appeal shall not exceed three years after the date of the initial decision. SECTION lOS, 18.108.110, Procedures, Appeal to Council, of the Ashland Municipal Code, is amended to read as follows: 18.108.110,Appeal to Council. A. Appeals of =Fype I deeisieAs fer which a heariAg has beeA held, ef Type II decisions or of Type III decisions described in ~ection 18.108.0GO.A.1 Jnd 2 -shall be initiated by a notice of appeal filed with the City Administrator. The standard Appeal Fee shall be required as part of the notice. Failure te I'a"f the Al'l'eal Fee at the til'l'le All the appeal reauirements of Section 18.108.110, includina the aDDeal fee, must be fullv met or the aDDeal will be considered bv the city as is filed is a jurisdictionallY defective and will not be heard or considered. 1. The appeal shall be filed prior to the effective date of the decision of the Commission. 2. The notice shall include the appellant's name, address, a reference to the decision sought to be reviewed, a statement as to how the aQe;II~Qt.gualifie~.as ~...",ea~SYI.~he?~~; of the decision being appealed, and "'Iill~ ~~!~=~~e~ ~hne .lla...~sp~~rC:b~~c~r~the~i~~c~s~~~c:~~~~~ i~~e~~~:;i~~~ 3. The notice of appeal, together with notice of the date, time and place ef the heariAg eAto consider the appeal by the Council shall be mailed to the parties at least 20 days prior to the heariAgmeetina. ., .. n the record as set forth in review of a decision of the Plannin Commission bv the City Council shall be confined to the record of the Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 77 - (a.)That the Planninq Commis$ion committed a Drocedural error. throuah no fault of the req",estina Dartv. that Dreiudiced the reauestina Dartv.s substantial riahts and that reoDenina the record before the Council is the onlv means of correctina the error: or (b.)That a factual error occurred before the Plannina Commission throuah no fault of the reauestina Dartv which is relevant to an aDDroval criterion and material to the decision: or (c.) That new evidence material to the decision on aDDeal exists which was unavailable. throuah no fault of the reauestina Dartv. when the record of the groceedina was ODen. and during the Deriod when the reauestinq Darw could h@ve reQuested reconsideration. A reQuestinQ party may onlv Qualify for this ex~eDtion if he or she demonstrates that the new evidence is r'i[!levant to an aD~rQval criterion and m~terial to the decision. This exceDtion ~"'all be strictlv construed bv the Council in order to ensure that onlv relevant evidence and testimonv is submitted to the hearina bodY. Re-openinQ the record for purDoses of this section means the submi~sion of additional written testimony and evidence. not oral testimony or Dresentation of evidence before the City Council. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 78 - D. UDon review. and exceDt when limited reoDenina of the record is allowed. the City Council shall not re-examine issues of fact and shall limit its review to determinina whether there is substantial evidence to sURPort the findinas of the Plannina Commission. or to determinina if errors in law were committed bv the Commission. Review shall in any event be limited to those issues clearlv and distinctlv set forth in the notice of aDDeal. No issue may be raised on aDDeal to the Council that was not raised bef9re the Plannina Commission with sufficient sDecificitv to enable the Commission and the Darties to resDond. notice of the action but did not receive SECTION 106, 18.112.030, Enforcement, Revocation - Permit Expiration, of the Ashland Municipal Code, is amended to read as follows: 18.112.030, Revocation - permit expiration. Any zoning permit, or Dlannina action granted in accordance with the terms of this Title shall be deemed revoked if not used within one year from date of approval. unless another time period is specified in another section of this Title. Said permit shall not be deemed used until the permittee has actually obtained a building permit, and commenced construction thereunder, or has actually commenced the permitted use of the premises. The Staff Aadvisor te the PlaAAiAg Ce""nissieA may grant an extension te this thne "eried sl:lbjed te the Ty"e 1 "reeedl:lre set ferth iA Cha"ter 18.198 ef this Title.of the aDDroval under the followina conditions: 1. One time extension no lonaer than eiahteen (18) months is allowed. 2. The Staff Advisor shall find that a chanae of conditions for which the aDDlicant was not resDonsible Drevented the aDDlicant from comDleted the develoDment within the oriainal time limitation. 3. Land Use Ordinance reauirements aDDlicable to the develoDment have not chanaed since the oriainal aDDroval. An extension may be aranted. however. if reauirements have chanaed and the aDDlicant aarees to comDlv with any such chanaes. Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 79 - SECTION 10L 18.112.040, Enforcement, Revocation - conditions violated, of the Ashland Municipal Code, is amended to read as follows: 18.112.040, Revocation - conditions violated. Any zoning permit, or olannina action granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such permit or variance are violated or if any law or ordinance is violated in connection therewith. SECTION 10~ Digital Maps. The following Official Maps in electronic format, attached hereto and made a part hereof by this reference, are officially adopted by the City of Ashland: 1. Airoort Overlay Zone 2. Site desian Zones 3. Detailed Site Review Zone 4. Downtown Desian Standards - Overlay 5. Hillside Lands 6. Historic Districts 7. North Mountain Zone 8. Physical and Environmental Constraints Maos 9. Floodolain Corridor Lands 10. Rioarian Preservation Lands 11. Hillside Lands 12. Wildfire Lands 13. Severe Constraints Lands 14. Performance Standards Overlay 15. Residential Overlay 16. Zonina Mao SECTION 109, Severability. If any section, provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 110 Savings Clause. Notwithstanding this amendment, the City ordinances in existence at the time any land use action was legally deemed commenced, shall remain valid and in full force and effect for purposes of all applications, cases and actions filed or commenced during the times said ordinance(s) or portions thereof were operative. SECTION 111, Codification. Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code and the word "ordinance" may be changed to "code", "article", Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 80 - "section", or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, and typographical errors and cross-reference corrections, corrected by the City Recorder, provided however that Sections 110, thru 112, unincorporated Whereas clauses and boilerplate provisions need not be codified. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2008, and duly PASSED and ADOPTED this day of , 2008 Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2008. John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney Ashland Land Use Ordinance Amendments First Reading: March 18, 2008-p. 81 - Questions on ALVO Changes From: Cate Hartzell, City Council I want to put this out so that staff and Councilors have a chance to see the topics I am still concerned about. I am not inviting comments from Councilors, obviously, until the meeting. Since changing something later that gets overlooked in this process could result in the need for costly notice, I hope we will have a structured, thorough, and productive discussion. I appreciate the time that Alice and Kate spent (separately) listening and talking about these changes with me; it contributed to my thinking about them. Outstanding Issues: 1. Fee Language: ? What is the proposed list of Type 1 actions that would be subject to this fee if a citizen chose to request that the PC hear it? Concerns: · Creates an inequitable system of access by adding a cost not currently there and by increasing the number of situations than currently fall under it. Also requires a cost to move past the administrative part of the government to the appointed, citizen part of the government. · If the authorizing language for a fee is adopted, it won't be long before it is assessed. 2. Porous surfaces: 108.08.160 ? Is this proposed change runoff neutral? ? How much water does a porous solid surface capture as a percentage of (compared to) how much undisturbed ground captures? ? If this is intended to be an incentive to increase groundwater regeneration or reduction of runoff through the use of porous solid surfaces, then how much of the existing allowable impermeable surface area would have to convert to permeable to achieve a no-net increase of runoff from a 5% increase in solid surface? ? Mark Knox mentions "normal" being removed but my draft shows it being left in. Is there a meaningful difference? ?Why was "structures" removed and is "solid surface defined?" Concern: · I don't think we should be adopting changes that increase runoff potential, certainly without analysis of its impact of the Stormwater Master Plan and cost to citizens. 3. Under the proposed set of changes, where is the section on how CC can initiate a formal review of PC decisions? 4. Permit extensions: ? What leads to requests for extensions? ? Is this a perverse incentive that could lead a builder 18 months rather than 12 to change a rule that affects the approved project so that they are able to build under a set of rules different than what was in place when initial approval was given? ?Ifthe goal is simplification, wouldn't it be simpler to only extend for one year, since staff time will be required to ensure that no law has been adopted in that year that could affect the project? 1 5. Yard setbacks (pg 21) ? Changes here involve the half story and enclosed vs. unenclosed porches. Why the change? 6. Traveler accommodation: 18.28.030 J6 pg 16 ? The proposal is to eliminate CUP process from the change in ownership. Would an increase in the number of units or a change in the level or type of business activity trigger a CUP review? What is motivating this change? 7. Yard Definition 18.08.830 In the definition of yard, Mark Knox questioned the removal of "from ground up;" Is "unobstructed" defined? 8. ARU: 18.24.040 (Pg 13) ? In his comments, Mark Knox addresses parking issues in Historic District and a potential that owners could exceed maximum house size by building an ARU that they later convert out of that use. How are these comments addressed, if at all? 9. Fire Code changes: 18.76.060B ? In my review of minutes from the Oct 3, 2006 Council minutes and packet don't show that Council decided to provide for staff to waive this part of the code? What lead to it being proposed? Concern: · In the past, there appears to have been less emphasis placed on fire safety in order to accommodate development. While there are sometimes unique circumstances, what is proposed appears overly-broad to me. 10. DeNovo vs. On the record appeals at Council level ? What is the identified problem that staff is trying to address with this option? ? Is there a way to address this identified problem through a modification of the Denovo process? What are those alternatives? ? Which of the proposed changes in this ALUO Omnibus package will affect the problem we are trying to solve? ? Has staff ever seen a situation where an applicant presents a proposal to modify a project at an appeal hearing that was not included in the materials the public has access to? (Otis Street, Unitarian Church?) ? What are examples of appeals that went to Council and had the decision of the Planning Commission changed? What led to City Council making a different decision? Land use law allows an applicant to change their proposal as it moves through the process. Is it possible for an applicant to agree to new conditions after an appeal has been filed, prior to the appeal hearing? How would an "on the record" appeal affect the public's ability to address such a change? ? What's the remedy/penalty when written or oral testimony is NOT on the record? ? How many towns our size in Oregon hold de novo appeal hearings? ? Why was staffs recommendation to have the City Administrator decide about de novo criteria, instead of the City Attorney? Concerns: · Unless someone has presented to the City Council/elected body at land use hearings, it's hard to know what it's like to get 3 minutes to explain what is often complex land use arguments. The public is often competing against paid experts. When a project changes between the initial approval at Planning Commission and the appeal, the public is handicapped in being prepared to respond to that change. 2 · There are examples where the record for a project (Fordyce, Glenn) didn't have key information in it when it came to Council on appeal. It's not appropriate for the Council to look for it, but I have seen members of the public bring it forward because an issue didn't crystallize until after the Planning Commission held its deliberations (after the Hearing is closed). Evidentiary Hearing ? What's the impact of this on a citizen's ability to participate in land use process later? Does it create standing that is the same as if they testify or submit written comments in the hearing before the Planning Commission? ? When does the record of the EH become available? ? Are Planning Commissioners, other Commissioners, and City Councilors kept out of the EH because of ex-parte contact issues? ? Will there be an audiotape of the EH and will that become part of the public record? Concerns: · The EH becomes part of the public record but is actually scoping done by staff, informally. It should be inaccessible to the Planning Commission/Council and citizens will have to rely on staff to have their issues heard and represented accurately. · In concept, I agree with scoping for issues and providing clarity to the interested public. The EH may save time in the long run on some projects, but it could also be a step that a project has to go through in addition to a pre-app that requires staff time. Additional Questions on ALUO Changes 2.04.08 (Email) 1. What is now proposed to be in Type !? I can't find a complete list anywhere. I know the PP presentations show partial lists, but I should be able to go to a page and see all of them. 2. Can you help me understand how it is in the public's best interest to extend the approval period for a planning approval from 1 year (yes, with a renewable) to 18 months? I get how it helps the landowner, but how does it help the general public, especially during a period where ordinances and land use law is targeted for change? 3. What is staffs reasoning behind having a city administrator make decisions about appeals (on the record) instead of the city attorney? 4. ARU: What percentage of our R-2 and R-3 is built out? 5. when someone is building an ARU in R-@ or R-3 under the proposal, they have to comply with density and lot coverage, right? Do they have to comply with the minimum density rules? Here's what I am wondering: we zoned R-2 and R-3 because we have to have that land classification available. Assuming there's land in those zones not built to capacity, if we allow ARUs in those areas, don't we dilute the potential for those parcels to carry the 3 allocated level of density? Let's say I have a parcel that allow me to build 10 units; let's say there's a triplex on it now and I want an ARU. I build a 500 sfbuilding. Is it likely that when I sell it, the next owner could build the other 6 units? I envision a 500 sf ARU taking up space that could be needed for the other 6 units, but our demolition ordinance and our own ethic doesn't want to see the ARU tom down, or the triplex if it's fairly new. Aren't we losing the density we targeted for by letting the ARU in? Don't we also complicate things when we allow ARUs into areas where density requires parking spaces and we're tossing in a car without an honest space to park it? 6. Why doesn't staffs recommendation (now the PC's) include requiring ARUs to be affordable? It appears to be a giveaway, and given that the housing opportunities for low income people are still not great, why would the city opt to give landowners that financial advantage without asking for anything in return? One answer has been that people presume we'll get a percentage of affordable housing out of it, but there's been no information obtained to say how accurate or far off that assumption is, has there? 4 CITY OF ASHLAND Key Issues Summary January 15, 2008 1. Does the City Council want to adopt a process that requires appeals to the City Council from the Planning Commission to be held "on- the-record?" If yes, then the Council needs to discuss the scope of the proceedings. This would include: ./ The level of oral participation - no testimony, testimony limited to the applicant and appellant, testimony limited to people who have standing (provided written or oral testimony prior to the close of the record) or testimony by anyone who wishes to appear (limited to facts in the record) ./ Nature of arguments - Limit arguments raised before the City Council to those that were raised in the letter of appeal and as set forth in the notice of appeal. ./ Decision is supported bv substantial evidence - The Council would evaluate whether or not the Commission's decision was supported by substantial evidence in the whole record. ./ Appropriate application of the law - The Council would determine if the Commission improperly applied ordinances or other law If yes, then, does the Council wish to more clearly define the criteria that the City Administrator would use when making a decision to allow a partial de-novo hearing? Such criteria may include: ./ That the Planning Commission committed a procedural error that prejudiced the requesting party's substantial rights and that reopening the record is the only alternative to correct the error; or ./ That new evidence material to the decision on appeal exists and could not have been presented to the hearing body (e.g. a new study). A requesting party may only qualify for this exception if he or she demonstrates that the new evidence concerns an unanticipated event which occurred after the close of the hearing before the hearing body. This exception shall be strictly construed by the Council in order to ensure that all relevant evidence and testimony is submitted to the hearing body. Key Issues Summary - 1.15.2008 Page 1 of 2 2. Does the Council want to adopt the provisions that would make the Planning Commission's decision on Type I applications final, with the next appeal to the Land Use Board of Appeals? Some items to consider: ./ Gives greater weight to the Planning Commission and their decisions. ./ More staff time would be taken at the Commission level to prepare the findings of the decision. Since this is the final decision of the City, additional details may be added to the findings in order to support and uphold the Commission's decision. ./ Provides greater flexibility to ensure that the City makes a decision on a land use application within the l20-day time line required by State statute. 3. Does the Council want to adopt the provisions that allow a building with a 100-foot length that is less than 10,000 square feet to become a Type I decision (with appeal to the Commission)? ./ Planning Director would make the initial final decision with regards to the application of design standards for smaller commercial projects located along the more visible commercial corridors (e.g. Ashland Street, Siskiyou Blvd., East Main, Lithia Way, etc.) ./ The Planning Commission would review larger buildings of greater than lO,OOO square feet where issues of bulk and scale tend to be of interest. 4. Does the Council want to permit there to be an Evidentiary Hearing by staff for Type II decisions? If so, does the Council wish to define specific criteria for these hearings? ./ Provides an early opportunity to ask questions and gain clarity on issues prior to the public hearing before the Planning Commission 5. Does the Council wish to adopt the provisions that allow for an application for an interpretation of the Land Use Code? If so, the Legal Department has raised the following concerns: ./ Creates a process for advisory decisions that are subject to appeal ./ Issues of interpretation should be addressed within the context of a planning application decision (quasi-judicial process) ./ If the intent of the provision is unclear, the ordinance language should be amended. Key Issues Summary - 1.15.2008 Page 2 of 2