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HomeMy WebLinkAboutTerrace_179 (PA-2010-00972) M A D R o N A ARCHITECTURE 700 Mistletoe Road, #205 Ashland, OR 97520 LLC P: 541-482-6548 c: 541-944-7885 October II, 2010 Michael Pina City of Ashland Planning Department Ashland, OR Fire Marshall Margueritte Hickman City of Ashland Fire Department Ashland, OR 97520 Re: 179 Terrace Street Fire Sprinklers in Lieu of Conforming Apparatus Access Regarding our inability to provide a fire-apparatus access road that complies with Oregon Fire Code 503.1.1 through 503.1.3 Appendix D, I am requesting that Morgan Sammons and Dan Decena, property and proj ect Owners, be allowed to invoke 503.1.1 Exception I by providing an approved residential sprinkler system throughout that will be installed in accordance with Section 903.3.1.1,903.1.2 or 903.1.3. The General Contractor on the project, Dorris Construction, will provide documentation of the fire sprinkler system design as a deferred submittal. Thank you, 1 \jrJtllzt ~fpifi~ Joanne Krippaehne cc: City of Ashland Building Department: Rick Hackstock and Dan McCleary Morgan Sammons & Danilo Decena Gary Dorris, Dorris Construction Christian Butler, CBdesigns Don Fairweather, Designer Seeking the Spirit of Place in Sustainable Design IRS EIN 93-13177984 CITY OF ASHLAND September 16, 20 I 0 Morgan Sammons/Danilo Decena 2822 Lyon Street San Francisco, CA 94123 Notice of Final Decision On Spetember 16, 2010, the Staff Advisor for the Ashland Planning Division administratively approved your request for the following: PLANNING ACTION: 2010-00972 SUBJECT PROPERTY: 179 Terrace Street OWNER! APPLICANT: Morgan Sammons and Danilo Decena DESCRIPTION: A request for a Modification to building design and footprint of a previously approved Accessory Residential Unit. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP #: 39 IE 05DA; TAX LOT: 4900. The Staff Advisor's decision becomes final and is effective on the 13th day after the Notice of Final Decision is mailed. Prior to that date, anyone who was mailed this Notice Of Final Decision may request a reconsideration of the action by the Staff Advisor as set forth in the.Ashland Land Use Ordinance (ALUO) 18.1 08.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in the ALUO 18.1 08.070(B)(2)( c). An appeal may not be made directly to the Land Use Board of Appeals. Oregon l~w states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to LUBA on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at no cost at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. If you have any questions regarding this decision, please contact the Department of Community Development between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305. cc: Parties of record and property owners within 200 ft DEPT. OF COMMUNITY DEVELOPMENT 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-552-2050 TTY: 800-735-2900 ,,~, ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: 2010-00972 SUBJECT PROPERTY: 177 Terrace Street (179 Terrace) OWNER/APPLICANT: Morgan Sammons and Danilo Decena/ Christian Butler DESCRIPTION: A request for a Modification to building design and footprint of a previously approved Accessory Residential Unit. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-I-lO; ASSESSOR'S MAP #: 39 IE 09CB; TAX LOT: 1501 SUBMITTAL DATE: DEEMED COMPLETE DATE: STAFF APPROVAL DATE: FINAL DECISION DATE: APPROVAL EXPIRATION DATE: July 30, 2010 August 10,2010 September 16, 2010 September 29,2010 September 29,2011 DECISION The parcel is zoned R-I-I0, single-family residential and is located on the west side of Terrace Street, between Summit and Iowa Streets. The parcel is classified as Hillside Lands due to site slopes of 25 percent and greater, and is on the Hillside Lands map. The applicant has a previous Physical and Environmental Constraints Review Permit approval to construct a single family home and an accessory residential unit on Hillside Lands, and a Conditional Use Permit to construct an accessory residential unit per Planning Action 2009-00407. A condition of approval required that "If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modify this Conditional Use Permit and Physical and Environmental Constraints Permit approval shall be submitted and approved prior to issuance of a building permit". The previous Conditional Use Permit approval was to construct a 743 square foot accessory residential unit located uphill and behind the single family home. The previously approved accessory residential unit was a one-story cottage with a gable roof. The current application includes reducing the size and height of the accessory residential unit, and a modification of the exterior design of the structure. Currently, the applicants are proposing a 717 square foot 'Frank Lloyd Wright' style dwelling that overall is reduced in size by approximately 27 square feet in size and by five feet in height compared to the design of the previously approved accessory residential unit. The unit is proposed to be constructed out of wood and glass with neutrally painted stucco to compliment the surrounding area. The application submittals indicate that the new design will be smaller than the previous design, and the accessory residential unit will not be seen from the street. The reduction in the square footage of the accessory residential unit narrows the building footprint in an east-west direction, which provides a reduction in the amount of grading and filling necessary for the structure. The reduction in the width of the footprint will fit the structure more closely into the natural contours ofthe land so that the building will not extend further out from the downhill slope. The area in which the accessory residential unit and single-family dwelling is proposed is located outside the Siskiyou-Hargadine Historic district, and therefore is not subject to review by the Historic P A 2010-00972 179 Terrace St.!MP Page 1 Commission. As such, the architectural character of the neighborhood varies greatly in style and scale. The new proposed accessory residential unit minimizes the visual impacts due to its placement and design, and will have no more of an impact than the target use of the area. The remaining components of the previously approved application are unchanged. Utilities, including water, sanitary sewer, and storm drainage, are in place and found to be adequate to serve the existing home and the proposed second unit. The proposal requires four off-street parking spaces for the two units and five will be provided. As a result, the application to modify the previously approved Conditional Use Permit for an accessory residential unit meets the approval criteria in 18.20.030.H and 18.104.050. The subject property is considered Hillside Land because the site includes slopes over 25%. The slopes over 25% are located primarily on the south half of the lot, and a portion of the accessory residential unit footprint is within this Hillsides Lands area. The previously approved application addressed the development criteria for Hillside Lands including a Geotechnical Engineering Report addressing the suitability of the site for construction and recommendations on site preparation, foundation construction, soil retention, and erosion control. Since the proposed accessory residential unit has narrowed the building footprint in the same location as previously approved, the modification is consistent with the previously approved Physical Constraints Review Permit for development in Hillside Lands. The criteria for a Conditional Use Permit are described in AMC Chapter 18.104.050, as follows: A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. e. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, thefollowingfactors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity offacilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. P A 2010-00972 179 Terrace SUMP Page 2 The criteria for an Accessory Residential Unit are described in AMC Chapter 18.20.030.H, as follows: 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. The criteria for a Physical Constraints Review Permit are described in AMC Chapter 18.62.040.1, as follows: 1. That the development will not cause damage or hazard to persons or property upon or adjacent to the area of development. 2. That the applicant has considered the potential hazards that the development may create and implemented reasonable measures to mitigate the potential hazards caused by the development. 3. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development o/the surrounding are, and the maximum permitted development permitted by the Land Use Ordinance. 4. That the development is in compliance with the requirements of the chapter and all other applicable City Ordinances and Codes. . The application with the attached conditions complies with all applicable City ordinances. ,="",=="",,,.,,h-=~="""""""_"""'~,,,"==o..",=,,-=i=-=..~''''''''-=,,,==_*",,,,,,~,=,,,=_==-~=.~""~-=>,,,,,,,,,,,,,,,=,,,,"~'4-'='='=~='.~""'^'-"""-""''--'"''='=='.''=N=.'=<='==-'''''''-''''''='''''=~ '"=''''=':='''==~->===^~~''''''.-''=<>=C'=~'''''"'''''.,,""~,",'''''''''_=~~'',~''''~fl=='===;""~ Planning Action 2010-00972 is approved with the following conditions. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action 2010-00972 is denied. The following are the conditions and they are attached to the approval: I) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That the plans submitted for the building permit shall be in substantial conformance with those approved as part of this application. If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modify this Conditional Use Permit and Physical and Environmental Constraints Permit approval shall be submitted and approved prior to issuance of a building permit. 3) That all recommendations of the Geotechnical Investigation, dated May 24,2008, by Amrhein Associate.s shall be instituted in the development of the property. P A 2010-00972 179 Terrace St./MP Page 3 4) That the tree protection and temporary erosion control measures (Le. silt fence and bale barriers) shall be installed according to the approved plan prior to any site work, storage of materials, issuance of an excavation permit and issuance of a building permit. The erosion control measures shall be installed as identified in the Amrhein Associates report dated March 24,2008. The tree protection and temporary erosion .control measures shall be inspected and approved by the Ashland Planning Department prior to site work, storage of materials, the issuance of an excavation permit, and/or the issuance of a building permit. 5) Requirements of the Ashland Fire Department shall be met, including that all addressing shall be approved prior to being installed, that fire apparatus access be provided, and that a fuel break is required. 6) That building permit submittals shall include: a) A storm drainage plan that shows compliance with 18.62.080.C and is designed by a geotechnical expert. b) A written verification from the project geotechnical expert addressing the consistency of the building permit submittals with the geotechnical report recommendations. c) The plans for the foundation of the new structure, which must be designed by an architect or engineer with geotechnical experience as required by Section 18.62.080.F. d) Solar calculations in the form of: (H-6)/(0.445+ S) = Required Solar Setback shall be provided, and the shadow producing point or points and their heights to natural grade identified on the plans. e) Lot coverage calculations including all building footprints, driveways, parking, and circulation areas. Lot coverage shall be limited to no more than 40 percent as required in AMC 18.20.040.F f) Exterior lighting details demonstrating that the lights are appropriately shrouded, so there is no direct illumination of surrounding properties. g) Building materials and the exterior colors shall be identified for the review and approval of the Staff Advisor to demonstrate compliance with Site Design and Use Standards requirements that the materials and colors be compatible with the surrounding area. h) An irrigation plan to include irrigation details satisfying the requirements of the Site Design and Use Standards Water Conserving Landscaping Guidelines and Policies. 7) That prior to the issuance of a certificate of occupancy: a) The landscaping and irrigation for revegetation of cut/fill slopes and erosion control shall be installed in accordance with the approved plan prior to final building inspection. Vegetation shall be installed in such a manner as to be substantially established within one year of installation. b) That Amrhein Associates shall inspect the site according to the Inspection Schedules of the geologic report. Amrhein Associates shall provide final reports indicating that the approved grading, drainage and erosion control measures were installed as per the approved plans, and that all scheduled inspections were conducted by the project geotechnical experts periodically throughout the project. c) That a separate electric meter for the accessory residential unit shall be installed in accordance with Ashland Electric Department requirements. P A 2010-00972 179 Terrace St./MP Page 4 d) That a separate address for the accessory residential units shall be applied for approved by the City of Ashland Engineering Division. Addressing shall meet the requirements of the Ashland Fire Department. e) That the second driveway curb-cut on the south side of the lot shall be removed and the curb and gutter shall be replaced with the permitting and approval of the Public Works Department. ~ fA---- ~ria Harris, Planning Manager Department of Community Development '1../Lo.IO Date '" P A 2010-00972 179 Terrace SUMP Page 5 Easy Peel@ labels Use Avery@Template 5160@ PA-20 1 0-00972 391E09CB 1201 AKERILL JAMES W TRUSTEE 2260 MORADA LN ASHLAND OR 97520 PA-2010-00972 391E09CA 11700 AYARS REGINA 199 HILLCREST ST ASHLAND OR 97520 PA-2010-00972 39 I E09CA 11801 BOYD GLORIA L TRUSTEE FBO 207 HILLCREST ST ASHLAND OR 97520 P A-20 1 0-00972 391 E09CB 1700 HILL DAVID C/ELIZABETH M 235 TERRACE ST ASHLAND OR 97520 PA-20 1 0-00972 391E09CA 11600 MASON SYLVIA G 184 TERRACE ST ASHLAND OR 97520 PA-2010-00972 391 E09CA 11500 MOLNAR W E/L MASSELL 155 HILLCREST ASHLAND OR 97520 PA-2010-00972 39 I E09CB 1501 SAMMONS MORGAN T 2822 LYON ST SAN FRANCISCO CA 94123 PA-2010-00972 391E09CB 1600 STROMBERG JOHN L/BARBARA J 252 RIDGE RD ASHLAND OR 97520 CHRISTIAN BUTLER 425 HOLLY STREET DENVER, CO 80220 Etiquettes faciles a peler Utilisez Ie aabarit AVFRY@ 5160@ I I I A i Bend along line to I expose Pop-Up Edge™ A A ..- Feed Paper - PA-20 I 0-00972 391E09CB 800 ALLEN BARBARA A TRUSTEE ET AL 131 TERRACE ST ASHLAND OR 97520 PA-20 1 0-00972 391E09CB 303 BAZZELL LYNETTE 195 RIDGE RD ASHLAND OR 97520 PA-~010-00972 391E09CA 11400 CARR BRENT ANTHONY/REBA K PO BOX 162 ASHLAND OR 97520 PA-20 1 0-00972 391E09CA 11602 LAKIN BERNICE TRUSTEE ET AL 175 HILLCREST ST ASHLAND OR 97520 PA-2010-00972 391E09CB 700 MILLER ROBERT H/SEGNER DORIS M 140 RIDGE RD ASHLAND OR 97520 PA-20 1 0-00972 391E09CB 302 ORF DAVID M/REBECCA G 143 RIDGE RD ASHLAND OR 97520 PA-20 1 0-00972 391E09CB 900 SAMMONS WILLIAM M TRUSTEE ET AL 155 TERRACE ST ASHLAND OR 97520 PA-201O-00972 391E09CB 1401" T AUBNER CHARLES M 199 TERRACE ST ASHLAND OR 97520 A Sens de _L I Repliez a la hachure afin de I rAvAI..r I.. r..hnrn Pnn.llnTM I ~ AVERV@ 5160@ 1 PA-2010-00972 391E09CB 1500 ASHLAND CITY OF CITY HALL ASHLAND OR 97520 P A-20 I 0-00972 391 E09CA 12000 BORBA ANDREW L TRUSTEE ET AL 2670 CARMAR DR LOS ANGELES CA 90046 PA-2010-00972 39 I E09CA 11800 HELGESSON LL YSSA H 206 TERRACE ST ASHLAND OR 97520 PA-2010-00972 391E09CB 1100 LOBSENZ JAMES E/CHOY ELIZABETH S 1130 E 19TH AVE SEATTLE W A 98112 PA-20 1 0-00972 391E09CA 11900 MOESCHL JOANNE N/RICHARD 295 IOWA ST ASHLAND OR 97520 PA-201O-00972 391E09CB 1400 SACCO THEODORA J 209 TERRACE AVE ASHLAND OR 97520 PA-2010-00972 391E09CB 1000 STRABO REBECCA R 387 FOREST AVE RYE NY 10580 PA-2010-00972 391E09CB 1200 THIEROLF MARY JEANNE 234 RIDGE RD ASHLAND OR 97520 9/16/2010 NOD 179 Terrace 23 www.avery.com 1_11nn.r.n_A \/I=RV Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 CITY Of AS LAN NOTICE OF APPLICATION PLANNING ACTION: 2010-00972 SUBJECT PROPERTY: 179 Terrace Street OWNER/APPLICANT: Morgan Sammons and Danilo Decena DESCRIPTION: A request for a Modification to building design and footprint of a previously approved Accessory Residential Unit. COMPREHENSIVE PLAN DESIGNA TION: Low-Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP#: 391E 05DA; TAX LOT: 4900. NOTICE OF COMPLETE APPLICATION: August 18,2010 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: September 1, 2010 A The Ashland Planning Division Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 5~ Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.108.040) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. 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, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. G:\comm-dev\planninglNotices Mailed\20 1 0\20 1 0-00972.doc CONDITIONAL USE PERMITS 18.104.050 Approval Criteria A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. ACCESSORY RESIDENTIAL UNITS 18.20.030. H Approval Criteria 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. G:\comm-dev\planninglNotices Mailed\20 1 0\20 1 0-00972.doc AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1 . I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On August 18, 2010 I caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #2010-00972, 179 Terrace St. Comm-Dev\Planning\ Templates , '1~09:::::',,<~t~i"n~fJ4)tl"~'~~/ I 1~)"',' I "<1J,.:;..,;"" >",:','( ,i.2:,','",~,,19t410 i''II'IIV( "I ,,', , ' , I ,_ . / (~~:300:~ .. .~~~/. 11~' ~,~!OO "';" 10000 1.2101 16100 I I..~ , l'iK!VV This map Is based on a digital database I' compiled by Jackson County From a variety of sources. Jackson County cannot accept ;::'11~ l'H)lt V ~~~t~~~~~l~c~~r:~~~r~h~:I~~~~~, or warranties, expressed or Implied. 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I Repliez a la hachure afln de : r.>w!.'", I.. r..hnrrl Pnn.llnTM I ~ AVERV@ 5160@ 1 PA-2010-00972 391E09CB 1500 ASHLAND CITY OF CITY HALL ASHLAND OR 97520 PA-20 1 0-00972 391E09CA 12000 BORBA ANDREW L TRUSTEE ET AL 2670 CARMAR DR LOS ANGELES CA 90046 PA-20 I 0-00972 39 I E09CA 11800 HELGESSON LL YSSA H 206 TERRACE ST ASHLAND OR 97520 PA-20 1 0-00972 391E09CB 1100 LOBSENZ JAMES E/CHOY ELIZABETH S 1130 E 19TH AVE SEATTLE WA 98112 PA-20 I 0-00972 391E09CA 11900 MOESCHL JOANNE N/RICHARD 295 IOWA ST ASHLAND OR 97520 PA-2010-00972 391E09CB 1400 SACCO THEODORA J 209 TERRACE AVE ASHLAND OR 97520 PA-20 1 0-00972 391E09CB 1000 STRABO REBECCA R 387 FOREST AVE RYE NY 10580 PA-2010-00972 391E09CB 1200 THIEROLF MARY JEANNE 234 RIDGE RD ASHLAND OR 97520 8-18-2010 179 Terrace 24 www.avery.com 1.Rnn.r.n.A \/I:IJV . Application, Project Narrative and Findings MODIFICATION TO NEW ACCESSORY DWELLING 179 Terrace Street Ashland, OR 97520 39 1E 09CB TL1501 MODIFICATION of Physical and Environmental Constraints Review Permit for Development in Hillside Lands and Wildfire Lands \. MODIFICATION of Conditional Use Permit for Accessory Dwelling Unit MODIFICA TION of Solar Access Review Submitted to City of Ashland Planning Department Owner/Applicant Morgan Sammons and Danilo Decena July 19,2010 Building Designer: Christian Butler 425 Holly Street / Denver, CO 80220 303.885.5730 Landscape Architect: Laurie Sager Landscape Architects Contact: Laurie Sager 700 Mistletoe Road # 201 / Ashland, OR 97520 Civil & Structural Engineer: Ciota Engineering Contact: Barb Ciota 274 Fourth / Ashland, OR 97520 Table of Contents MODIFICATION TO NEW ACCESSORY DWELLING ON VACANT LAND Including PHYSICAL & ENVIRONMENTAL CONSTRAINTS REVIEW FOR DEVELOPMENT IN HILLSIDE LANDS AND WILDFIRE LANDS And CONDITIONAL USE PERMIT FOR NEW ACCESSORY DWELLING DESCRIPTION Project Data PAGE 4 Narrative Summary 6 Findings General & Miscellaneous Provisions - R-1 Single-Family Residential 18.20.030 Conditional Uses 18.20.040 General Regulations 18.72.030.A.2.a, B.1 and 18.72.080.C.1 Site Design Standards Site Design & Use Standards lIB - Multi-Family Residential Site Design & Use Standards lIE - Street Tree Standards 18.70.070 Criteria for Approval 18.92.020 Automobile Parking Spaces Required 8 Physical and Environmental Constraints Review Permit 18.62 Physical and Environmental Constraints 18.62.080 Development Standards for Hillside Lands 18.62.090 Development Standards for Wildfire Lands 15 Tree Removal Permit 18.61 Tree Preservation and Protection 18.61.080 Criteria for Issuance of Tree Removal- Staff Permit 18.61.084 Mitigation Required 18.61.200 Tree Protection 28 Conditional Use Permit - Accessory Residential Unit 18.104 Conditional Use Permits 18.104.050 Approval Criteria 29 Solar Access Review 18.70 Solar Access 18.70.030 Lot Classifications 18.70.040 Solar Setbacks 32 Sammons Decena Page 2 Exhibits A- Architectural Drawings senes Architectural Site Plan Floor Plan Exterior Elevations Site Section Al A2 A3 A4 C+S Civil Drawings senes Site Retaining Walls and Grading Plan Storm Drainage Plan S9 C2 Sammons Decena Page 3 Project Data Legal Description 39 IE 09CB TL1501 Address 179 Terrace Street Ashland, OR 97520 Zone R-I-I0 Hillside, Wildfire Overlays Proposed Use Allowed Single Family Residence Proposed Use Conditional Use Accessory Dwelling Unit Total Tax Lot Area 0.74 Acre 32,234 SF Gross Floor Area Accessory Dwelling 717SF Dwelling Units Relative to Target Density Target density: 2.4 du/acre @ 0.74 acre => 1.78 du Actual: 2 dwelling units Setbacks, Standard Required: Front - 15' Side, North - 6' Side, South - 6' Rear (1 Story) - 10' Provided: Front-130'4" Side, N - 96' 11" Side, S - 7' 1 " Rear - 40'8" Setback, Solar Required - see narrative: ADU - 15.86' Provided: 100'11" Average Slope, W to E 23% Sammons Decena Page 4 Average Slope, N to S Max Building Height Max Vert Downhill Wall Height Max Horiz Bldg Plane Length Impervious Lot Coverage Required Coverage, Natural State Landscaped Coverage, Total Sammons Decena Allowable In Feet - 35' to Ridge In Stories 2.5 Allowable - 20' Allowable - 36' ARU ARU Total, % Required Minimum, Natural State 48% (25% + Avg Slope of23%) 15472 SF Required, Total 60% 19483 SF -3% Actual In Feet-13'4" to Peak In Stories 1.0 Actual- 15' Actual - 22' 1-1/2" 1132 SF 03.5% Provided, Total 49.4% 15931 SF Provided, Total 60.3% 19448 SF Page 5 Narrative Summary Applications Modification to the previously approved CUP and P & E for the Accessory Dwelling Unit. The project site is 39 IE 09CB TL 1501 and is addressed as 179 Terrace Street in Ashland, Oregon. The property is designated: . Single Family Residential in Ashland's Comprehensive Plan, . R-I-I0 on Ashland's Zoning Map, and . Is located within Ashland's Hillside Physical Constraints Overlay and . Is located within a Wildfire Hazard Zone. Based on 2.4 dwelling units per acre for R-I-I0, the target density for the site is 1.77 dwelling units. The property is located across Terrace Street from but not within Ashland's Hargadine Historic District. The project site includes various access and utility easements along 3 boundaries and a non-conforming driveway structure. The non-conforming driveway structure was created approximately 50 years ago by the neighbor to the north, has been in continuous use since then and is covered by a private access easement owned by the neighbors to the north and west. This Planning Action requests Modification the following permits: Physical and Environmental Constraints Review Permit (Hillside and Wildfire Hazard Zones) Site Review and Conditional Use Permit for Accessory Residential Unit Solar Access Review Project Description The single story accessory structure will contain a 1 bedroom, 1 bath accessory residential unit of717 SF. The primary residential structure (not this application) is 5443 SF on two floors with 3 bedrooms, 1 study and 3 Y2 baths. The design of the ADU changed during the period between the approval of the planning action and the application for building permits. The motivation for changing the design were largely economic and aesthetic, but have the effect of reducing the overall bulk and scale of the building. There is a reduction in floor area of26.7 sq ft and a reduction in building height of 5'. The new footprint of the ADU in narrower in the east-west direction, providing a reduction to the amount of grading and filling necessary to accommodate the foundation. The new design also more closely follows the natural Sammons Decena Page 6 contours of the land and does not jut out from the landscape. The siting was carefully considered to minimize changes to the previously approved planning action. There is no change to the tree preservation plan and only minor changes to the retaining wall placements. The new design The project site is mapped Hillside Lands on the City of Ashland Maps. Terra Survey has performed and documented both a topographic and a related slope analysis. The slopes range from 19 - 28%. None ofthe natural slope on the property exceeds 28%. The entire parcel is considered buildable by City of Ashland standards. Roughly half of the structured footprint is on slopes exceeding 25%. The Hillside Development Standards apply to the structures on slopes exceeding 25%. The topographic survey includes surveyed locations of significant trees including information about diameter at breast height measurements and a generic description of tree type. Tom Myers of Upper LimbIt performed a more detailed tree survey. Laurie Sager translated this information into a Tree Protection and Removal Plan. Amrhein and Associates performed a geotechnical study of the site and provided a geotechnical report which is appended to this Planning Action Application (Appendix BB). There were no unusually difficult conditions discovered in the geotechnical exploration. Bearing stratum for footings is generally expected to be two to four feet below natural grade. The report recommends site soils be graded during dry weather and construction traffic be limited to a prepared working surface on imported material if the subgrade is exposed during wet weather. The repOli recommends field observation by the geotechnical engineer during placement of structural fills. These are not unusual requirements for work on hillsides such as the site in question. The project site is adequately served by utilities. Water, sanitary and storm sewers, as well as electric public utilities are all within 150' in two 16' wide utility easements along the west and north property lines, in a 10' wide utility and slope easement along the east property line as well as in Terrace Street. The site is served by 6" sanitary and 10" storm sewers as well as 12" water. There is a fire hydrant near the northeast corner of the property directly south of the existing driveway. The most recent fire flow test at that hydrant indicate adequate flow rate. Gas is also available in Terrace Street. There is overhead power at Terrace Street with a pole near the southeast corner of the site. Sammons Decena Page 7 FINDINGS GENERAL & MISCELLANEOUS PROVISIONS R-l SINGLE FAMILY RESIDENTIAL SECTION 18.20.030 Conditional Uses H Accessory residential units, subject to 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. Complies. See Project Data above and 18.20.040 General Regulations below. 2. The maximum number of dwelling units shall not exceed 2 per lot. Complies. Project is comprised of (1) primary dwelling unit and (1) accessory dwelling unit. Units are detached. 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 SF GHF A. Complies. The GHFA ofthe accessory residential unit is 717 SF. The GHFA of the primary residence is 5443 SF. 4. Additional parking shall be in conformance with the off-street parking provisions for single family dwellings of this Title. Complies. See OFF STREET PARKING below. SECTION 18.20.040 General Regulations A. Minimum lot area: Basic minimum lot area in the R-1 zone shall befive thousand (5000) square feet, except six thousand (6,000) squarefeetfor corner lots. R-1 may be designedfor seventy-five hundred (7,500), or ten thousand (10,000) square foot minimum lot sizes where slopes or other conditions make larger sizes necessary. Permitted lot sizes shall be indicated by a number following the R-1 notation which represents allowable minimum square footage in thousands of square feet as follows: R -1-5 5,000 square feet R-1-7.5 7,500 square feet R-1-10 10,000 square feet Complies. This parcel is zoned R-I-I0. Lot area is 32,234 square feet, exceeding the 10,000 square foot minimum. B. Minimum lot width: Interior lots 50 feet Sammons Decena Page 8 Corner lots 60feet All R-1-7.510ts 65feet All R-1-1 0 lots 75 feet Complies. Lot width is 160 feet. C. Lot depth: All lots shall have a minimum depth of eighty (80) feet) and a maximum depth of one hundredfifty feet (150) feet unless lot configuration prevents further development of the back of the lot. Maximum lot depth requirements shall not apply to lots created by minor land partition. No lot shall have a width greater than its depth, and no lot shall exceed one hundredfifty (150) feet in width. Lot depth is 196'. 16' of the 160' lot width is taken up with a non-exclusive easement providing utility, light vehicular traffic, bike and pedestrian and private access for the neighboring properties to the north and west. D. Standard Yard Requirements: Front yards shall be a minimum of 15 feet excluding garages. Unenclosed porches shall be permitted with a minimum setback of 8 feet or the width of any existing public utility easement, whichever is greater, from the front property line. All garages accessed from the front shall have a minimum setback of 20' from the front property line,' side yards, six feet,' the side yard of a corner lot abutting a public street shall have a ten foot setback; rear yard, ten feet plus ten feet for each stOlY in excess of one story. In addition, the setbacks must comply with Chapter 18.70 which provides for Solar Access. Complies. E. Maximum Building Height: Not structure shall be over thirty-five (35) feet or two and one-half (2 Y2) stories in height, whichever is less. Structures within the Historic District shall not exceed a height a 30 feet. Complies. F Maximum lot coverage shall be fifty (50%) percent in an R-1-5 District, forty-five (45%) percent in an R-1-7.5 District, andforty (40%) percent in an R-1-10 District. Complies. 0.& HMaximum Permitted Floor Areafor dwellings within the Historic District. (not reprinted here) Not applicable. SITE DESIGN REVIEW SECTION 18. 72.030 Applicability A. Applicability Thefollowing development is subject to Site Design Review: 2. Residential uses: a. Two or more residential units on a single lot. There are two residential units on the single lot involved in this project. Sammons Decena Page 9 B. Exemptions. The following development is exempt from Site Design Review application and procedure requirements provided that the development complies with applicable standards as set forth by this Chapter. 1. Detached single family dwellings and associated structures and uses. There is one detached primary single family dwelling (previously approved) and one detached accessory dwelling in this project. SECTION 18. 72.080 Site Design Standards C. The Site Design and Use Standards adopted by Ordinance No's 2690, 2800, 2825, and 2900, shall be applied as follows: 1. The Multifamily Residential Development Standards in Section lIb. shall be applied to the construction of attached single-family housing (e.g. town homes, condominiums, row houses, etc.). This project does not include attached single family housing, only detached. Therefore, this application contends that the Multifamily Residential Site Design Standards do not apply to this project. Nevertheless, a discussion of the project design relative to the standards follows: SITE DESIGN AND USE APPROVAL STANDARDS II.B. MUL TI-F AMIL Y RESIDENTIAL DEVELOPMENT II-B-1) Orientation II-B-l a) Residential buildings shall have their primary orientation toward the street when they are within 20 to 30 feet of the street. Complies. Buildings are not within 20 to 30 feet of the street. II-B-1 b) Buildings shall be set backfrom the street according to ordinance requirements, which is usually 20 feet. Complies. II-B-lc) Buildings shall be accessedfrom the street and the sidewalk. Parking areas shall not be located between buildings and the street. Complies. II-B-2) Streetscape II-B-2a) One street tree for each 30 feet offi'ontage, chosen from the street tree list, shall be placed on that portion of the development paralleling the street. Where the size of the project dictates an interior circulation street pattern, a similar streetscape with street trees is required. Complies. II-B-2b) Front yard landscaping shall be similar to those found in residential neighborhoods, with appropriate changes to decrease water use. Complies. Sammons Decena Page 10 II-B-3) Landscaping II-B-3a) Landscaping shall be designed so that 50% coverage occurs within one year of installation and 90% landscaping coverage occurs within 5 years. Complies. II-B-3b) Landscaping design shall include a variety of deciduous and evergreen trees and shrubs and flowering plant species well adapted to the local climate. Complies. II-B-3c) As many existing healthy trees on the site shall be saved as is reasonably feasible. No change. Previously approved. II-B-3d) Buildings adjacent to streets shall be buffered by landscaped areas of at least 10 feet in width. No change. Previously approved. II-B-3e) Parking areas shall be shaded by large canopied deciduous trees and shall be adequately screened and bufferedfrom adjacent uses. No change. Previously approved. II-B-3j) Irrigation systems shall be installed to assure landscaping success. (Refer to Parking Lot Landscaping and Screening Standards for more detail.) No change. Previously approved. II-B-4) Open Space II-B-4a) An area equal to at least 8% of the lot area shall be dedicated to openspace for recreation for use by the tenants of the development. No change. Previously approved. II-B-4b) Areas covered by shrubs, bark mulch and other ground covers which do not provide suitable surface for human use may not be counted toward this requirement. No change. Previously approved. II-B-4c) Decks, patios and similar areas are eligible for open space criteria. Play areas for children are requiredfor projects of greater than 20 units that are designed to include families. No change. Previously approved. Sammons Decena Page 11 II-B-5) Natural Climate Control II-B-5a) Utilize deciduous trees with early leaf drop and low bare branch densities on the south sides ofbuildings which are occupied and have glazingfor summer shade and winter warmth. No change. Previously approved. II-B-6) Building Materials II-B-6a) Building materials and paint colors should be compatible with the surrounding area. Very bright primary or neon-type paint colors which attract attention to the building or use are unacceptable. Complies. Building materials on existing residences in the area vary widely. The residences in this project will be painted in subdued colors compatible with neighbors. SITE DESIGN AND USE APPROVAL STANDARDS lIE. STREET TREE STANDARDS APPROVAL STANDARD: All development fronting on public or private streets shall be required to plant street trees in accordance with the following standards and chosen from the recommended list of street trees found in this section. II-E-l) Location for Street Trees 1) Street trees shall be located behind the sidewalk except in cases where there is a designated planting strip in the right-of-way, or the sidewalk is greater than 8 feet wide. Street trees shall include irrigation, root barriers, and generally conform to the standard established by the Department of Community Development. No change. Previously approved. II-E-2) Spacing, Placement and Pruning of Street Trees All tree spacing may be made subject to special site conditions which may, for reasons such as safety, affect the decision. Any such proposed special condition shall be subject to the Staff Advisor's review and approval. The placement, spacing, and pruning of street trees shall be as follows: a) Street trees shall be placed at the rate of one tree for every 30 feet of street frontage. Trees shall be evenly spaced, with variations to the spacing permittedfor specific site limitations, such as driveway approaches. No change. Previously approved. b) Trees shall not be planted closer than 25 feet from the curb line of intersections of streets or alleys, and not closer than 10 feet from private driveways (measured at the back edge of the sidewalk), fire hydrants, or utility poles. No change. Previously approved. Sammons Decena Page 12 c) Street trees shall not be planted closer than 20 feet to light standards. Except for public saftty, no new light standard location shall be positioned closer than 10 feet to any existing street tree, and preferably such locations will be at least 20 feet distant. No change. Previously approved. d) Trees shall not be planted closer than 2 Y2feetfrom the face of the curb except at intersections where it shall be 5 feet from the curb, in a curb return area. No change. Previously approved. e) Where there are overhead power lines, tree species are to be chosen that will not intel1ere with those lines. No change. Previously approved. . j) Trees shall not be planted within 2 feet of any permanent hard surface paving or walkway. Sidewalk cuts in concrete for trees shall be at least 10 square feet, however, larger cuts are encouraged because they allow additional air and water into the root system and add to the health of the tree. Space between the tree and such hard surface may be covered by permeable non-permanent hard surfaces such as grates, bricks on sand, or paver blocks. No change. Previously approved. g) Trees, as they grow, shall be pruned to provide at least 8 feet of clearance above the sidewalks and 12 feet above street roadway surfaces. Complies. Applicant and Owner understand that they will be responsible to prune trees as required. h) Existing trees may be used as street trees if there will be no damage from the development which will kill or weaken the tree. Sidewalks of variable width and elevation may be utilized to save existing street trees, subject to approval by the Staff Advisor. Not applicable. II-E-3) Replacement of Street Trees Existing street trees removed by development projects shall be replaced by the developer with those fi'om the approved street tree list. The replacement trees shall be of size and species similar to the trees that are approved by the Staff Advisor. Not applicable. II-E-4) Recommended Street Trees Street trees shall conform to the street tree list approved by the Ashland Tree Commission. No change. Previously approved. Sammons Decena Page 13 . OFF-STREET PARKING SECTION 18.92.020 Automobile Parking Spaces Required Uses and standards are as follows: A. Residential Uses. For residential uses, the following automobile parking spaces are required 1. Single family dwellings. Two spaces for the primary dwelling unit and the following for accessory residential units: a. Studio units or 1-bedroom units less than 500 square feet -1 space per unit. b. 1-bedroom units 500 square feet or larger 1.5 spaces / unit. c. 2-bedroom units -1. 75 spaces/unit d 3-bedroom units - 2.00 spaces/unit No change. Previously approved. Sammons Decena Page 14 PHYSICAL & ENVIRONMENTAL CONSTRAINTS REVIEW PERMIT GENERAL SECTION 18.62.040.1 Criteriafor approval. A Physical Constraints Review Permit shall be issued by the Staff Advisor when the Applicant demonstrates the following: 1. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. Complies. See findings related to HILLSIDE LANDS requirements below. 2. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. Complies. See findings related to HILLSIDE LANDS requirements below. 3. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development permitted by the Land Use Ordinance. No change. Previously approved. See also findings related to HILLSIDE LANDS below. HILLSIDE LANDS SECTION 18. 62. 080 Development Standards for Hillside Lands A. General Requirements. The following general requirements shall apply in Hillside Lands: 1. All development shall occur on lands defined as having buildable area. Slopes greater than 35% shall be considered unbuildable except as allowed below. Variances may be granted to this requirement only as provided in section 18.62. 080.H a. Existing parcels without adequate buildable area less than or equal to 35% shall be considered buildable for one unit. b. Existing parcels without adequate buildable area less than or equal to 35% cannot be subdivided or partitioned. Complies. The natural slope of the subject property varies from 19.3% to 27.8%. All of the property is less than 35% and therefore all is buildable. More than half the land area has slope less than 25%, less than the threshold for hillside land standards. No change. Previously approved. 2. All newly created lots either by subdivision or partition shall contain a building envelope with a slope of 35% or less. Not applicable. This project does not create new lots by subdivision or partition. Sammons Decena Page 15 3. New streets, flag drives, and driveways shall be constructed on lands of less than or equal to 35% slope with the following exceptions: a. The street is indicated on the City's Transportation Plan Map - Street Dedications. b. The portion of the street, flag drive, or driveway on land greater than 35% slope does not exceed a length of 100 feet. Complies. This project does not create new streets, flag drives or driveways, but shares a driveway that was has been in continuous use for 50 years. No change. Previously approved. 4. Geotechnical Studies. For all applications on Hillside Lands involving subdivisions or partitions, ... Not applicable. This project does not involve a new subdivision or partition. B. Hillside Grading and Erosion Control. All development on lands class(fied 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 70 of the Uniform Building Code. Erosion control measures on the development site shall be required to minimize the solids in runoff fi'om disturbed areas. Complies. Amrhein Associates, under the direction of Mark Amrhein, Oregon- licensed professional and geotechnical engineer, conducted a subsurface investigation and prepared a geotechnical engineering report including construction recommendations. Using the recommendations of the geotechnical report,Ciota Engineering, under the direction of Barb Ciota, Oregon licensed engineer with civil and structural credentials, will do the civil and structural engineering for the project. Work will be done in accordance with applicable life safety codes as adopted at the time of building permit submittal. Both entities, in accordance with standards of professional practice, will do construction observations. No change. Previously approved. 2. For development other than single family homes on individual lots, all grading, drainage improvements, or other land disturbances shall only occur from May 1 to October 31. Excavation shall not occur during the remaining set months of the year. Erosion control measures shall be installed andfunctional by October 31. Up to 30 day modifications to the October 31 date, and 45 day modifications to the May 1 date may be made by the Planning Director, based on weather conditions and in consultation with the project geotechnical expert. The modification of dates shall be the minimum necessary, based on evidence provided by the applicant, to accomplish the necessary project goals. Complies. Construction activities will be in accordance with the schedules required by this article. Sammons Decena Page 16 3. Retention in natural state. On all projects on Hillside Lands involving partitions and subdivisions, and existing lots with an area greater than one-half acre, an area equal to 25% of the total project area, plus the percentage figure of the average slope of the total project area, shall be retained in a natural state. Lands to be retained in a natural state shall be protected from damage through the use of temporary construction fencing or the functional equivalent. For example (example omitted). The retention in a natural state of areas greater than the minimum percentage required here is encouraged Complies. The parcel exceeds ~ acre. Therefore this article applies. With an average slope of 23%,25% + 23% or 48% of the site must be retained in its natural state. Over .74 acres (32,234 SF), this requires a minimum of 15,472 SF be retained in its natural state. This project retains 15931 SF or 49.4% in its natural state. No change. Previously approved. 4. Grading - cuts. On all cut slopes on areas classified as Hillside lands, the following standards shall apply: a. Cut slope angles shall be determined in relationship to the type of materials of which they are composed Where the soil permits, limit the total area exposed to precipitation and erosion. Steep cut slopes shall be retained with stacked rock, retaining walls or fimctional equivalent to control erosion and provide slope stability when necessary. Where cut slopes are required to be laid back (1: 1 or less steep), the slope shall be protected with erosion control netting or structural equivalent installed per manufacturers specifications, and revegetated Complies. No change, previously approved. See Site Retaining Walls and grading plan S9 b. Exposed cut slopes, such as those for streets, driveway accesses, or yard areas, greater than seven feet in height shall be terraced Cut faces on terraced section shall not exceed a maximum height offivefeet. Terrace widths shall be a minimum of three feet to allowfor the introduction of vegetation for erosion control. Total cut slopes shall not exceed a maximum vertical height of 15 feet. Complies. No change, previously approved. See Site Retaining Walls and grading plan S9 The top of cut slopes not utilizing structural retaining walls shall be located a minimum setback of one-half the height of the cut slope from the nearest property line. Complies. No change, previously approved. See Site Retaining Walls and grading plan S9 Cut slopes for structure foundations encouraging the reduction of effective visual bulk, such as split pad or steppedfootings shall be exemptedfrom the height limitations of this section. Complies. No change. Previously approved. Sammons Decena Page 17 c. Revegetation of cut slope terraces shall include the provision of a planting plan, introduction of top soil where necessary, and the use of irrigation if necessary. The vegetation used for these areas shall be native or species similar in resource value which will survive, help reduce the visual impact of the cut slope, and assist in providing long term slope stabilization. Trees, bush-type plantings and cascading vine-type plantings may be appropriate. Complies. No change. Previously approved. 5. Grading -fills. On all fill slopes on lands classified as Hillside Lands, the following standards shall apply: a. Fill slopes shall not exceed a total vertical height of 20 feet. The toe of the fill slope area not utilizing structural retaining shall be a minimum of six feet from the nearest property line. Complies. No change, previously approved. See Site Retaining Walls and grading plan S9 b. Fill slopes shall be protected with an erosion control netting, blanket or functional equivalent. Netting or blankets shall only be used in conjunction with an organic mulch such as straw or wood fiber. The blanket must be applied so that it is in complete contact with the soil so that erosion does not occur beneath it. Erosion netting or blankets shall be securely anchored to the slope in accordance with mamifacturer's recommendations. Complies. No change. Previously approved. c. Utilities. Whenever possible, utilities shall not be located or installed on or infill slopes. When determined that it is necessary to install utilities on ,fill slopes, all plans shall be designed by a geotechnical expert. Complies. No change. Previously approved. d. Revegetation of fill slopes shall utilize native vegetation or vegetation similar in resource value and which will survive and stabilize the surface. Irrigation may be provided to ensure growth if necessary. Evidence shall be required indicating long-term viability of the proposed vegetation for the purposes of erosion control of disturbed areas. Complies. No change. Previously approved. 6. Revegetation requirements. Where required by this chapter) all required revegetation of cut andfill slopes shall be installed prior to the issuance of a certificate of occupancy, signature of a required survey plat, or other time as determined by the hearing authority. Vegetation shall be installed in such a manner as to be substantially established within one year of installation. Complies. No change. Previously approved. 7. Maintenance, Security and Penalties for Erosion Control Measures. a. Maintenance. All measures installed for the purposes of long-term erosion control, including but not limited to vegetative cover, rock walls and landscaping, shall Sammons Decena Page 18 be maintained in perpetuity on all areas which have been disturbed, including public rights-of-way. The applicant shall provide evidence indicating the mechanisms in place to ensure maintenance of measures. Complies. No change. Previously approved. b. Security. Except for individual lots existing prior to January 1, 1998, after an Erosion Control Plan is approved by the hearing authority and prior to construction, the applicant shall provide a performance bond or other financial guarantees in the amount of 120% of the value of the erosion control measures necessary to stabilize the site. Any financial guarantee instrument proposed other than a performance bond shall be approved by the City Attorney. The financial guarantee instrument shall be in effect for a period of at least one year, and shall be released when the Planning Director and Public Works Director determine, jointly, that the site has been stabilized. All or a portion of the security retained by the City may be withheld for a period of up to five years beyond the one year maintenance period if it has been determined by the City that the site has not been sufficiently stabilized against erosion. Complies. Applicant and Owners understand this requirement. 8. Site Grading. The grading of a site on Hillside Lands shall be reviewed considering the following factors: a. No terracing shall be allowed except for the purposes of developing a level building pad andfor providing vehicular access to the pad. b, c. Avoid hazardous or unstable portions of the site. d. Building pads should be of minimum size to accommodate the structure and a reasonable mount of yard space. Pads for tennis courts, swimming pools and large lawns are discouraged. As much of the remaining lot area as possible should be kept in the natural state of the original slope. Complies. No change, previously approved. See Site Retaining Walls and grading plan S9 9. Inspections and Final Report. Prior to the acceptance of a subdivision by the City, signature of the final survey plat on partitions, or issuance of a certificate of occupancy for individuals structures, the project geotechnical expert shall provide afinal report indicating that the approved grading, drainage and erosion control measures were installed as per the approved plans, and that all scheduled inspections, as per 18.62. 080.A. 4.j were conducted by the project geotechnical expert periodically throughout the project. Not applicable. Project does not involve a subdivision. Surface and Groundwater Drainage. All development on Hillside Lands shall conform to the following standards: 1. All facilities for the collection of stormwater runoff shall be required to be constructed on the side and according to the following requirements: Sammons Decena Page 19 a. Stormwater facilities shall include storm drain systems associated with street construction, facilities jor accommodating drainage from driveways, parking areas and other impervious surfaces, and roof drainage systems. Complies. No change, previously approved. See Stormwater Drainage Plan C2 b. Storm water facilities, when part of the overall site improvements, shall be, to the greatest extent feasible, the first improvements constructed on the development site. Complies. No change, previously approved. See Stormwater Drainage Plan C2 c. Stormwater facilities shall be designed to divert surface water away from cut faces or sloping surfaces of a fill. Complies. No change, previously approved. See Stormwater Drainage Plan C2 d. Existing natural drainage systems shall be utilized, as much as possible, in their natural state, recognizing the erosion potential from increased storm drainage. Not Applicable. There are no natural drainage systems on or adjacent to the site. e. Flow-retarding devices, such as detention ponds and recharge berms, shall be used where practical to minimize increases in runoff volume and peak flow rate due to development. Eachfacility shall consider the needs for an emergency overflow system to safely carry any overflow water to an acceptable disposal point. Complies. No change, previously approved. See Stormwater Drainage Plan C2 f Stormwater facilities shall be designed, constructed and maintained in a manner that will avoid erosion on site and to adjacent and downstream properties. Complies. No change, previously approved. See Stormwater Drainage Plan C2 g. Alternate stormwater systems, such as drywell systems, detention ponds, and leach fields, shall be designed by a registered engineer or geotechnical expert and approved by the City's Public Works Department or City Building Official. Complies. Ciota Engineering is providing civil engineering services for the project. D. Tree Conservation, Protection and Removal. All development on Hillside Lands shall conform to the following requirements: 1. Inventory of Existing Trees. A tree survey at the same scale as the project site plan shall be prepared, which locates all trees greater than six inches dbh, identified by dbh, species and approximate extent of tree canopy. In addition, for areas proposed to be disturbed, existing tree base elevations shall be provided. Dead or diseased trees shall be identified. Groups of trees in close proximity (i. e. those within five feet of each other) may be designated as a clump of trees, with the predominant species, estimated number and average diameter indicated. All tree s'urveys shall have an accuracy of plus or minus tv,Jofeet. The name, signature, and address of the site surveyor responsiblefor the accuracy of the survey shall be provided on the tree survey. Portions of the lot or project area not proposed to be disturbed by development need not be included in the invent01Y. Sammons Decena Page 20 Complies. No change. Previously approved. 2. Evaluation of Suitability for Conservation. All trees indicated on the inventory of existing trees shall also be identified as to their suitability for conservation. When required by the hearing authority, the evaluation shall be conducted by a landscape professional. Factors included in this determination shall include: ' a. Tree health. Healthy trees can better withstand the rigors of development than non-vigorous trees. b. Tree structure. Trees with severe decay or substantial defects are more likely to result in damage to people and property. c. Species. Species vary in their ability to tolerate impacts and damage to their environment. d. Potential longevity. e. Variety. A variety of native species and ages. f Size. Large trees provide a greater protection for erosion and shade than smaller trees. Complies. No change. Previously approved. 3. Tree Conservation in Project Design. Significant trees (2' dbh or greater conifers and 1 ' dbh or greater broadleaj) shall be protected and incOlporated into the project design whenever possible. a. Streets, driveways, buildings, utilities, parking areas, and other site disturbances shall be located such that the maximum number of existing trees on the site are preserved, while recognizing andfollowing the standardsfor fuel reduction if the development is in Wildfire Lands. b. Building envelopes shall be located and sized to preserve the maximum number of trees on site while recognizingandfollowing standards for fuel reduction if the development is located in Wildfire Lands. c. Layout of the project site utility and grading plan shall avoid disturbance of tree protection areas. Complies. No change. Previously approved. 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 designatedfor conservation shall be clearly marked on the project site. Prior to the start of any clearing, stripping, stockpiling, trenching, grading, compactions, paving or change in ground elevation, the applicant shall install ftncing at the drip line of all trees to be preserved adjacent to or in the area to be altered. Temporary fencing shall be established at the perimeter of the dripline. Prior to grading or issuance of any permits, the fences may be inspected and their location approved by the Staff Advisor. Complies. No change. Previously approved. Sammons Decena Page 21 b. Construction site activities, including by not limited to parking, material storage, soil compaction and concrete washout, shall be arranged so as to prevent disturbances within tree protection areas. Complies. No change. Previously approved. c. No grading, stripping, compaction, or significant change in ground elevation shall be permitted within the drip line of trees designatedfor 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. Complies. No change. Previously approved. 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. Complies. No change. Previously approved. e. Should encroachment into a tree protection area occur which causes irreparable damage, as determined by a landscape professional, to trees, the 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. Complies. Applicant and Owner understand this requirement. 5. Tree Removal. Development shall be designed to preserve the maximl(m number of trees on a site. The development shallfollow the standards for file I reduction if the development is located in Wildfire Lands. When justified by findings of fact, the hearing authority may approve the removal of trees for one or more of the following conditions: a. The tree is located within the building envelope. b. The tree is located within a proposed street, driveway or parking area. c. The tree is located within a water, sewer or other public utility easement. d. The tree is determined by a landscape professional to be dead or diseased, or it constitutes an unacceptable hazard to life or property when evaluated by the standards in 18. 62. 080.D.2. e. the tree is located within or adjacent to areas of cuts or fills that are deemed threatening to the life of the tree, as determined by a landscape professional. Complies. No change. Previously approved. 6. Tree Replacement. Trees approved for removal, with the exception of trees removed because they were determined to be diseased, dead or a hazard, shall be replaced in compliance with the following standards: a. Replacement trees shall be indicated on a tree replanting plan. The replanting plan shall include all locations for replacement trees, and shall also indicate tree planting details. Sammons Decena Page 22 b. Replacement trees shall be planted such that the trees will in time result in canopy equal to or greater than the tree canopy present prior to development of the property. The canopy shall be designed to mitigate the impact of paved and developed areas, reduce surface erosion and increase slope stability. Replacement tree locations shall consider impact on the wildfire prevention and control plan. The hearing authority shall have the discretion to adjust the proposed replacement tree canopy based upon site- specific evidence and testimony. c. Maintenance of replacement trees shall be the responsibility of the property owner. Required replacement trees shall be continuously maintained in a healthy manner. Trees that die within the first five years after initial planting must be replaced in kind, after 'which a new five year replacement period shall begin. Replanting must occur within 30 days of notification unless otherwise noted. Complies. No change. Previously approved. 7. Enforcement. a. All tree removal shall be done in accord with the approved tree removal and replacement plan. No trees designated for conservation shall be removed without prior approval of the City of Ashland. b. Should the developer or developer's agent remove or destroy any tree that has been designated for conservation, the developer may be fined up to three times the current appraised value of the replacement trees and cost of replacement or up to three times the current market value, as established by a professional arborist, whichever is greater. c. Should the developer or developer's agent damage any tree that has been designatedfor protection and conservation, the developer shall be penalized $50.00 per scar. Ifnecessary, a professional arborist's report, prepared at the developer's expense, may be required to determine the extent of the damage. Should the damage result in loss of appraised value greater than determined above, the higher of the two values shall be used. Complies. Applicant and Owner understand this requirement. E. Building Location and Design Standards. All buildings and buildable areas proposed for Hillside Lands shall be designed and constructed in compliance with the following standards: 1. Building Envelopes. All newly created lots, either by subdivision or partition, shall contain building envelopes conforming to the following standards: ... (standards a through d not included here). Not applicable. Subject property is not a newly created lot. 2. Building Design. To reduce hillside disturbance through the use of slope responsive design techniques, buildings on Hillside Lands, excepting those lands within the designated Historic District, shall incorporate the following into the building design and indicate features on required building permits: a. Hillside Building Height. The height of all structures shall be measured vertically from the natural grade to the uppermost point of the roof edge or peak, wall, parapet, Sammons Decena Page 23 mansard, or other feature perpendicular to that grade. Maximum Hillside Building Height shall be 35 feet. Complies. See Elevations A3 b. Cut buildings into hillsides to reduce the effective visual bulk. (1) Split pad or steppedfootings shall be incorporated into building design to allow the structure to more closely follow the slope. (2) Reduce building mass by utilizing below grade rooms cut into the natural slope. Complies. The new design closely follows the natural contours of the land and does not jut out from the landscape. The narrow footprint of the new design makes it easier to cut it into the hillside, reducing apparent visual bulk as well as the overall height on the downhill (East) side of the building. See Elevations A3 and Site Section A-4 c. A building stepback shall be required on all downhill building walls greater than 20 feet in height, as measured above natural grade. Stepbacks shall be a minimum of six feet. No vertical walls on the downhill elevations of new buildings shall exceed a maximum height of 20 feet above natural grade. Complies. See Elevations A3 d. Continuous horizontal building planes shall not exceed a maximum length of 36 feet. Planes longer than 36feet shall include a minimum offset ofsixfeet. Complies. See Elevations A3 e. It is recommended that roof forms and roof lines for new structures be broken into a series of smaller building components to reflect the irregular forms of the surrounding hillside. Long, linear unbroken rooflines are discouraged. Large gable ends on downhill elevations should be avoided, however smaller gables may be permitted. Complies. The roofline is hidden by the building's parapet walls. See Elevations A3 f It is recommended that roofs of lower floor levels be used to provide deck or outdoor space for upper floor levels. The use of overhanging decks with vertical supports in excess of 12 feet on downhill elevations should be avoided. Not Applicable. New ADD design is one story. See Elevations A3 g. It is recommended that color selections for new structures be coordinated with the predominant colors of the surrounding landscape to minimize contrast between the structure and the natural environment. Complies. See Elevations A3. Colors will be neutral. F All structures on Hillside Lands shall have foundations which have been designed by an engineer or architect with demonstrable geotechnical design experience, A designer, as defined, shall not complete working drawings without having foundations designed by an engineer. Complies. Applicant has engaged Ciota Engineering under the direction of Barb Ciota, Oregon-licensed engineer with structural and civil engineering credentials, to Sammons Decena Page 24 design the building foundations as well as the site retaining walls. Ciota Engineering has completed extensive foundation and retaining wall work in hillside areas including nearby parcels mapped hillside by the City of Ashland. G. All newly created lots or lots modified by a lot line adjustment must include a building envelope ... (remainder of this item omitted). Not applicable. Project does not involve newly created lots. H Administrative Variance from Development Standards for Hillside Lands - 18.62.080. A variance under this section is not subject to the variance requirements of section 18.100 and may be granted with respect to the development standards for Hillside Lands if all of the following circumstances are found to exist: 1. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site: 2. The variance will result in equal or greater protection of the resources protected under this chapter; 3. The variance is the minimum necessmy to alleviate the difficulty,' and 4. The variance is consistent with the stated Purpose and Intent of the Physical and Environmental Constraints Chapter and section 18.62.080. Not applicable. Project does not require an Administrative Variance from Development Standards for Hillside Lands. WILDFIRE LANDS SECTION 18. 62. 090 Development Standards for Wildfire Lands. A. Requirements for Subdivisions, Performance Standards Developments, or Partitions... (Remainder of 18.62.090 not reprinted her). Not applicable. Project is not a Subdivision, Performance Standards Development or Partition. B. Requirement for construction of all structures. 1. All new construction and any construction expanding the size of an existing structure, shall have a ''filel break" as defined below. 2. A ''filel break" is defined as an area which is free of dead or dying vegetation, and has native, fast-burning species sufficiently thinned so that there is no interlocking canopy of this type of vegetation. Where necessaryfor erosion control or aesthetic purposes, the fuel break may be planted in slow-burning species. Establishment of a file I break does not involve stripping the ground of all native vegetation. "Fuel Breaks" may include structures, and shall not limit distance between structures and residences beyond that required by other sections of this title. 3. Primary Fuel Break - A primary file I break will be installed, maintained and shall extend a minimum of 30 feet, or to the property line, whichever is less, in all directions around structures, excluding fences, on the property. The goal within this area is to remove ground cover that will produce flame lengths in excess of one foot. Such a fuel break shall be increased by tenfootfor each 10% increase in slope over 10%. Adjacent property owners are encouraged to cooperate on the development of primary fitel breaks. Sammons Decena Page 25 4. Secondary Fuel Break - A secondary fuel break will be installed, maintained and shall extend a minimum of 100 feet beyond the primmy fuel break where surrounding landscape is owned and under the control of the property owner during construction. The goal of the secondary fuel break is to reduce file Is so that the overall intensity of any wildfire is reduced through fuels control. Complies. No change. Previously approved. 5. All structures shall be constructed or re-roofed with Class B or better non-wood roof coverings, as determined by the Oregon Structural Specialty Code. All re-roofing of existing structures in the Wildfire Lands areafor which at least 50% of the roofing area requires re-roofing shall be done under approval of a zoning permit. No structure shall be constructed or re-roofed with wooden shingles, shakes, wood-product material or other combustible roofing material, as defined in the City's building code. Complies. Roofing will be Class B or better non-wood roof coverings as indicated on the Exterior Elevations included as Exhibit A3 C. Fuel breaks in areas which are also Erosive or Slope Failure Lands shall be included in the erosion control measures outlined in section 18.62.080. Not applicable. The subsurface investigation did not characterize the site as erosive or slope failure lands. Should, in the course of construction, erosive or slope failure lands be encountered, additional erosion control measures will be applied. D. Implementation 1. For land which has been subdivided and required to comply with A. (6) above... (remainder of this clause not reprinted). Not applicable. Project does not involve a subdivision. 2. For all other structures, the vegetation control requirements of section (B) above shall be complied with before the commencement of construction with combustible materials on the lot, Complies. No change. Previously approved. 3. As of November 1, 1994, existing residences in subdivisions developed outside of the Wildfire Lands Zone, but later included due to amendments to the zone boundaries .., (remainder of this clause not reprinted). Not applicable. 4. Subdivisions developed outside of the wildfire lands zone prior to November 1, 1994, ... (remainder of this clause not reprinted). Not applicable. SECTION 18,62.100 Development Standards for Severe Constraint Land (Remainder of this section not reprinted). Not applicable. SECTION 18. 62.110 Density Transfer. Sammons Decena Page 26 (Remainder of this section not reprinted). Not applicable. SECTION 18.62.130 Penalties The following sections are in addition to the enforcement actions that may be taken and penalties which may be imposed in chapter 18.112 for a violation of this chapter: A. Whenever any work is being done contrary to the provisions of this chapter or whenever erosion control measures, tree protection measures, wildfire control measures, or Flood plain corridor development measures are not being properly maintained or are not functioning properly due to faulty installation or neglect, the director of community development or the director's designee, may order the work stopped by notice in writing served on any persons engaged in the doing or causing of such work to be done, and any such persons shall immediately stop work until authorized by the director or designee to proceed with the work. ' B. All development under this chapter and all work or constructionfor which a permit is required under this chapter shall be subject to inspection by the directory of community development or the director's designee. When an inspection is made under this section or when it is necessary to make an inspection to enforce this code, or when the director or designee has reasonable cause to believe that there exists upon Hillside Lands a condition which is contrary to or in violation of this chapter which makes the premises unsafe, dangerous or hazardous, the director or designee may enter the premises at reasonable times to inspect or to perform the duties imposed by this chapter. The director or designee shall first make a reasonable effort to locate the owner or other person having charge of the premises and request entry. C. The City may refuse to accept any development permit application, may revoke or suspend any development or building permit, or may deny occupancy on the property until erosion control measures, tree protection measures, wildfire control measures, or Floor plan corridor development measures have been installed properly and are maintained in accordance with the requirements of this chapter. D. The owner of the property from which erosion occurs due to failure or neglect of erosion control measures, together with any person or parties who cause such erosion shall be responsible to mitigate the impacts of the erosion and prevent future erosion. Complies. Applicant and Owner acknowledges penalties articles and applicability to the subject project. Sammons Decena Page 27 TREE REMOV AL PERMIT SECTION 18.61.080 Criteriafor Issuance of Tree Removal Staff Perm it An Applicant for a Tree Removal 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. A. Hazard Tree: The Staff Advisor shall issue a tree removal permitfor a hazard tree if the Applicant demonstrates that a tree is a hazard and warrants removal. 1. A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to all and injure persons or property. A hazard tree may also include a tree that is located within public rights of way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated or the damage alleviated. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeable dange of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning. 2. The City may require the Applicant to mitigate for the removal of each hazard tree pursuant to AMC18. 61. 084 (not reprinted with this Planning Action Application). Such mitigation requirements shall be a condition of approval of the permit. Complies. No change. Previously approved. 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 (e.g. other applicable Site Design and Use Standards). The Staff Advisor may require the buildingfootprint 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 erosions, 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. Complies. No change. Previously approved. Sammons Decena Page 28 CONDITIONAL USE PERMIT - ACCESSORY RESIDENTIAL UNIT 18.104.050 Conditional Use Permit Findings A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. Complies. See Project Summary and Data. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. Complies. No change. Previously approved. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk and coverage. Complies. Project lot is large and buildings in neighborhood are becoming increasingly upsized. Project complies with relevant CC&R requiring maximum 1 story exposed on uphill side. Modified ADD design reduces overall bulk and height. Project will be extensively landscaped to reduce apparent bulk impacts. Accessory residential unit will not be apparent from street (see A4 for diagram of visual cut- off). 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle and mass transit, are considered beneficial regardless of capacity of facilities. Complies. Project is conveniently located to downtown Ashland, conducive to walking and close to mass transit (within 6 blocks). 3. Architectural compatibility with the impact area. Complies. Buildings in impact area are diverse in scale, architectural significance, materials, design, and finish. Although the siding varies considerably on the neighboring properties, the buildings of this project will be painted in a neutral color, consistent with most of those in the area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. Complies. The residential use is compatible with regard to dust, odors or other environmental pollutants relative to its residential neighbors. Sammons Decena Page 29 5. Generation of noise, light and glare. Complies. The residential use is compatible with regard to noise, light and glare relative to its residential neighbors. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. Complies. The residential use is as specified in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. Complies. The Staff Advisor expressed concern about visibility of accessory residential unit from the street. The sight lines on the site profile diagram on A4 demonstrates that the ARU will not generally be visible from the street. The modified ARU design is less visible from the street then the previously approved design. 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. Complies. 2. The maximum number of dwelling units shall not exceed 2 per lot. Complies. 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 SF GHF A. Complies. 4. Additional parking shall be in conformance with the oifstreet parking provisions for single family dwellings of this Title. Complies. No change. Previously approved. Sammons Decena Page 30 SOLAR ACCESS REVIEW SECTION 18.70.030 Lot Classifications Affected Properties. All lots shall meet the provisions of this Section and will be classified according to the following formulas and table. FORMULA I: Minimum NIS lot dimensionfor Formula I = 30' 1(0.445 + S) Where: S is the decimal value of slope as defined in this Chapter. FORMULA II: Minimum NIS lot dimension for Formula II = 10' I (0.445 + S) Lots whose north-south lot dimension exceeds that calculated by Formula I shall be required to meet the setback in Section (A), below. Those lots whose north-south lot dimension is less than that calculated by Formula L but greater than that calculated by Formula IL shall be required to meet the setback in Section (B), below. Those lots whose north-south lot dimension is less than that calculated by Formula II shall be required to meet the setback in Section (C), below. TABLE 1 Lot Classification Standards Slove -.30 -.25 -.20 -.15 -.10 -0.05 0.0 .05 .10 .15 .20 STD 207 154 122 102 87 76 67 61 55 50 46 A STD 69 51 41 34 29 25 22 20 18 17 15 B The project site has a north-south slope of negative 3% meaning the lot slopes slightly downward to the north. With a lot width of 160' in the north-south direction, the lot exceeds the minimum lot width required by Formula I in 18.70.030 as follows: 30' / (0.445 + S) = 30' / (0.445 - 0.03) = 30' /0.415 = 72.29' Because the lot width exceeds the minimum established by applying Formula I as noted above" the solar setbacl{S would be judged against Setback Standard A. SECTION 18. 70.040 Solar Setbacks A. Setback Standard A. This setback is designed to insure that shadows are no greater than six (6) feet at the north property line. Buildings on lots which are classified Sammons Decena Page 31 as Standard A, and zonedfor residential uses, shall be set backfrom the northern lot line according to the following formula: SSB = (H - 6') / (0.445 + S) WHERE: SSB = the minimum distance in feet that the tallest shadow producing point which creates the longest shadow onto the northerly property must be set backfi.om the northern property line. H = the height infeet of the highest shade producing point of the structure which casts the longest shadow beyond the northern property line. S = the slope of the lot, as defined in this Chapter. Accessory Structure Height of highest shade-producing point, 12'7" H Slope as noted above, S -0.03 SSB reqd = (H'. - 6') / (0.445 + S) = (12.58' - 6') / (0.445 - 0.03) = 6.58' /0.415 = 15.86' SSB actual 100'11" B. Setback Standard B. (Not reprinted here) Not applicable. See Lot Classification Standards above. C. Setback Standard C. (Not reprinted here) Not applicable. See Lot Classification Standards above. D. Exempt Lots. Any lot with a slope of greater than thirty percent (30%) in a northerly direction, as defined by this ordinance, shall be exempt from the effects of the Solar Setback Section. Not applicable. Lot is less than 30% in a northerly direction. E. Lots Affected by Solar Envelopes. All structures on a lot affected by a solar envelope shall comply with the height requirements of the solar envelope. Not applicable. Structures are not subject to solar envelopes. F Exempt Structures. 1. Existing Shade Conditions. if an existing structure or topographical feature casts a shadow at the northern lot line at noon on December 21, that is greater than the shadow allowed by the requirements of this Section, a structure on that lot may cast a Sammons Decena Page 32 shadow at noon on December 21, that is not higher or wider at the northern lot line than the shadow cast by the existing structure or topographical feature. This Section does not apply to shade caused by vegetation. Not applicable. Structures are not exempt based on this provision. 2. Actual Shadow Height. If the applicant demonstrates that the actual shadow which would be cast by the proposed structure at noon on December 21, is no higher than that allow for that lot by the provisions of this Section, the structure shall be approved. Refer to Table D for actual shadow lengths. Not applicable. The findings herein used standard calculated methods of determining compliance. Sammons Decena Page 33 APPENDIX EE PROJECT TEAM Owners Morgan Sammons Danilo Decena 2822 Lyon Street San Francisco, CA 94123 Contact thru Building Designer Building Designer Christian Butler 425 Holly Street Denver, CO 80220 303.885.5173 CB@christianbutler.com Landscape Architect Laurie Sager Landscape Architects Contact: Laurie Sager 700 Mistletoe Road # 201 Ashland, OR 97520 541.488.1446 Civil Engineer Ciota Engineering Barb Ciota, Contact 274 Fourth Street Ashland, OR 97520 541 /552-0290 (0) 541/552-0292 (F) bciota({i).bisp.net Structural Engineer Ciota Engineering Barb Ciota, Contact 274 Fourth Street Ashland, OR 97520 541/552-0290 (0) 541/552-0292 (F) bciota(ii),bisp.net Surveyor TerraSurvey Riel{ Alspach, Contact 274 Fourth Street Ashland, OR 97520 541/482-6474 (0) terrain@hisQ.net Geotechnical Engineer Amrhein Associates Mark Amrhein, Contact 706 Jefferson Ashland, OR 97520 541/482-6680 (0) Arborist Upper Limb-It Tom Myers, Contact PO Box 881 Ashland, OR 97520 541 / 482-3667 !!I.H;?c.rlim bit(a),wildb luc.n et 5 ffi > o en z " :0 ~w oz ~2 <(0 ur>: ~~ 5:~ WW LOQ~ ~~; 3NOZ O~'tIZ'i:fH 3HI:lOllM AVlH3^O S-iNl'\fi:USNO:J 1....8ISAHd 30lSl11H m~~-H ,DB~ '" SS38:JV31.VAI~d '8 'S03d 'l13}l18 ;)1.::Hv'l:tl1d\flfl:JIH3A II 'Millin 3AISnl:J)3-NON '.LN3~3SV3 ,9~ (3) '" ~'7 ~i~ ~i o ..,. )1 i" =-1' o 1 " 1 , n -1- L I~_~_~_~t~~~::---~=~,~-,-~"- n t ~--l. 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JO 9[04'< WI "...n ..q 01 lOW "I PUO '5U!JS\l",6u~ 010!:I 10 ,(j.,lodoJd ao.n Gl 'o:Jl^m: IOllOjGS,..OJd JO .uowrujSUI UO Go 'UI~~~ p.",Jowoo,,! suSiS9P pue """Pt "41- pue '\uownoop Sl<U. ~~-'=::=__-- ~_~Sf)/ \ --------- (jO~--~ /'\00/ /// /\G~'_/ /// ,<~/ /-/. ..L33lliS 30~B3J. ./ SY:1 M + 55 "''" "'''' 1:.CiC'.j '"'" :r:~- ,,""" Vl"" > (r]~~ g ~ i I i I 0 I 0 " ! ~ ^ ~ ; ; ., z j ~ c " ~ 0 t t 1 1 @j ~ ~ " ~ ~ ~ c ~ r r <.J - __-"f54---" ZONING PERMIT APPLICATION FILE # Pit - :J. 6 I () '- (:)() q 7 ') Planning Department 51 Winburn Way, Ashland OR 97520 CITY OF AS H LA NO 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Street Address \ -, 0\ ~~'\2..A.cE S \?:.l=:..b.. \ ~ Assessor's Map No. 39 1 E OOl:"/-e:, .. ~ l-\\Wh\?T;: ~ Comp Plan DesignationSIN6lJ; 'PAM \ I..l.\ 'lZt~'Oh:N-f\11 L \N\\""u~ Tax Lot(s) \ ~t' \ Zoning 12. - \ - \0 APPLICANT Name 1:1,\ 'R \ S\' \A ~ 'E:>l.-\ T L"E 'P- Address 42 S \1-0L'~V\ ST Phone 00'~. 0b'? , b)i?-:> E-Mail (Jb @ (,\~\c.,'\AN~L--g-tA City 'T='F1--\ ~ Zip b O;2.2.D PROPERTY OWNER -h 0 1 v~NL Name M.OlQ..~J\N StW\.VV!NS '1~.I~Phone Address 2.. '/)2.. z.. L.-vlpN <0\ SURVEYOR. ENGINEER. ARCHITECT. LANDSCAPE ARCHITECT. OTHER 71'ft..,-^(.4V\~v __ TitleCl\flv't;;Nb\\-JeE'\4 Namec.\('TTA. ~~~\\J~\'...H1 Phone 04-\.1:1';2.. 02.t:)CE-Mail E-Mail i7ANN\bI~N ~ C-OMCASI. NET CityEAN ~Ne....\€::-.O Zip Q41?,'!:> Address 2 -, 4- 4~ 7:>\"Q.:]:;;~ City ~I~rp bi\()~ @ k::,'\?'p. Yl~'" Zip tl7520 Title Name Phone E-Mail Address City Zip Ir I hereby cerlify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility, I furlher understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I produced sufficient factual evidence at the hearing to supporl this request; 2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and furlher 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be re oved at my expense, If I have any doubts, I am advised to seek competent professional advice and assistance. UCALL..t Zb, 2.,.0\ 0 Ap Iicant's ignature Date \ As ,owne.r of he prope~ved in this re {( I have read and understood the comp,/~te~tion and its consequences to me as a property owner, - 1!f1!'~~~estJ I;:) I! , It -?A7't{) . . ,. )fecV;c''''-' ~ /'7, ,}-O/v Property Owner's Signature (required) ate' Date Received '712 0 I /0 , ZOning:;;~ :ype1;Lf fU !, Fi~ng Fee $ mo rt t c ~--I'6 Stt0 ~r>JL<-cJ 6) /,~) '1 ~' L1/ I ~ ftf<. &\ OVER ~~ [To be completed by City Stafij Planning Action Type C:\DOCUME~ 1 \hanksa\LOCALS-l\Temp\Zoning Permit Application Form.doc ZONING PERMIT SUBMITTAL REQUIREMENTS !Zf APPLICATION FORM must be completed and signed by both applicant and property owner lZf FINDINGS OF FACT - Respond to the appropriate zoning requirements in the form of factual statements or findings of fact and supported by evidence. List the findings criteria and the evidence that supports it. Include information necessary to address all issues detailed in the Pre-Application Comment document. ~ 2 SETS OF SCALED PLANS no larger than 11"x17".) Include site plan, building elevations, parking and landscape details. (Optional-1 additional large set of plans, 2'x3', to use in meetings f2( Fee (Check, Charge or Cash) NOTE: . Applications are accepted on a first come, first served basis. · Applications will not be accepted without a complete application form signed by the applicant(s) AND property owner(s), all required materials and full payment. · All applications received are reviewed for completeness by staff within 30 days from application date in accordance with ORS 227.178. · The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission meeting. (Planning Commission meetings include the Hearings Board, which meets at 1 :30 pm, or the full Planning Commission, which meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1175 East Main St). · A notice of the project request will be sent to neighboring properties for their comments or concerns. · If applicable, the application will also be reviewed by the Tree and/or Historic Commissions. C:\DOCUME-l ~lanksa\LOCALS-l \TemplZonjng Permit Application Form,doc Owner's Name: MORGAN/DANILO SAMMONS/DECENA Phone: Customer #: 04870 State Lie No: MORGAN/DANILO SAMMONS/DECENA City Lie No: Applieant: 2822 LYON ST Address: SAN FRANCISCO CA 94123 Sub-Contractor: Phone: Address: Applied: 07/30/2010 Issued: 07/30/2010 Expires: 01/26/2011 Phone: State Lie No: Maplot: 391 E09CS 1501 City Lic No: DESCRIPTION: MODIFICATION TO SITE REVIEW FOR ARU COMMUNITY DEVELOPMENT 20 East Main 51. Ashland, OR 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-488-5311 TTY: 800-735-2900 Inspeetion Request Line: 541-552-2080 CITY Of ASHLAND