HomeMy WebLinkAboutTerrace_179 (PA-2010-00972)
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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.
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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
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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
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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
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175 HILLCREST ST
ASHLAND OR 97520
PA-2010-00972 391E09CB 700
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140 RIDGE RD
ASHLAND OR 97520
PA-20 1 0-00972 391E09CB 302
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143 RIDGE RD
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155 TERRACE ST
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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
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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.
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P A-20 10-00972 391 E09CB 120 I
AKERILL JAMES W TRUSTEE
2260 MORADA LN
ASHLAND OR 97520
PA-20 10-00972 391 E09CA 11700
AYARS REGINA
199 HILLCREST ST
ASHLAND OR 97520
P A-20 10-00972 391E09CA 11801
BOYD GLORIA L TRUSTEE FBO
207 HILLCREST ST
ASHLAND OR 97520
PA-2010-00972 391E09CB 1700
HILL DAVID C/ELIZABETH M
235 TERRACE ST
ASHLAND OR 97520
PA-2010-00972 391E09CA 11600
MASON SYLVIA G
184 TERRACE ST
ASHLAND OR 97520
PA-20 10-00972 391 E09CA 11500
MOLNAR W E/L MASSELL
155 HILLCREST
ASHLAND OR 97520
PA-2010-00972 391E09CB 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
PA-2010-00972
Christian Butler
425 Holly St
Denver CO 80220
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ALLEN BARBARA A TRUSTEE ET
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131 TERRACE ST
ASHLAND OR 97520
PA-20 I 0-00972 391 E09CB 303
BAZZELL LYNETTE
195 RIDGE RD
ASHLAND OR 97520
PA-2010-00972 391E09CA 11400
CARR BRENT ANTHONY/REBA K
PO BOX 162
ASHLAND OR 97520
PA-2010-00972 39 I E09CA 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-201O-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
ETAL
155 TERRACE ST
ASHLAND OR 97520
P A-20 10-00972 391 E09CB 140 I
T AUBNER CHARLES M
199 TERRACE ST
ASHLAND OR 97520
PA-2010-00972
Morgan Sammons & Danlo Delena
2022 Lyon St
San Francisco CA 94123
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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.
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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.
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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.
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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
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__-"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