HomeMy WebLinkAbout2808 Hillside Dev. StandardsORDINANCE NO. 2808
AN ORDINANCE AMENDING CHAPTER 18.62 OF THE
ASHLAND MUNICIPAL CODE - LAND USE ORDINANCE,
ADOPTING NEW HILLSIDE DEVELOPMENT
STANDARDS.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 18.62 of the Ashland Municipal Code - Land Use Ordinance is
replaced in it's entirety by Exhibit "A".
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the 18th day of November, 1997,
and duly PASSED and ADOPTED this ,,~ day of ~
, 19~7
Barbara Christensen, City Recorder
SIGNED and APPROVED this ~ day of
,1997.
Catherine M. Golden, Mayor
A~~ved as to fo, r~:
Paul Nolte, City Attorney
CITY OF ASHLAND
Department of Community Development
Planning Division
DATE:
TO:
FROM:
RE:
November 25, 1997
Honorable Mayor and City Council
John McLaughlin, Director of Community Development
Hillside Standards -Second Reading
The attached version of the Hillside Standards (2.7)contains the changes made by the
Council during first reading. The changes proposed by staff and the committee to the
Council prior to first reading were incorporated into this draft and appear as regular
text. The changes made by the Council are indicated in steik-eo~ and
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Page 2: Item F. A new definition for "Designer" was added. This addresses
the issue raised by Bill Emerson. The definition language was changed to reflect
consistency between the building code and this ordinance.
Item I.
The definition for Floodway Channel was modified as
requested.
Page 3: The graphic for slope was changed - the bottom line was changed to read
"DEGREE OF SLOPE = ARC TANGENT OF V/H". This is the accurate relationship
between degree of slope and percent of slope.
Page 24: Item d. near the top of the page regarding ridgeline exposures was changed
from a mandatory standard to a recommendation.
Item 2a. near the middle of the page regarding Hillside Building Height
was changed from 30' to 35'. The graphics were changed accordingly.
Page 25: Item e. regarding roof forms was changed from a mandatory standard to a
recommendation.
Item f. regarding decks was changed from a mandatory standard to a
recommendation.
Item g. regarding color selection was changed from a mandatory standard
to a recommendation.
Page 26: Item F. regarding foundations designed by an engineer or architect was
clarified by adding the sentence regarding designers who may prepare house plans shall
be required to use an engineer for the foundation design.
Staff recommends adoption of the ordinance with the amendments.
Hillside Ordinance Memo
Second Reading
November 25, 1997
Page 2
Chapter 18.62
PHYSICAL & ENVIRONMENTAL CONSTRAINTS
EXHIBIT
##AI!
Sections:
18.62.010
18.62.020
18.62.030
18.62.040
18.62.050
18.62.060
18.62.070
18.62.075
18.62.080
18.62.090
18.62.100
Purpose and Intent.
Regulations.
Definitions.
Approval and Permit Required.
Land Classifications.
Official Maps.
Development Standards for Floodplain Corridor Lands.
Development Standards for Riparian Preserve Lands.
Development Standards for Hillside Lands.
Development Standards for Wildfire Lands.(Ord 2747, 1994)
Development Standards for Severe Constraint Lands.
18.62.010 Purpose and intent. The purpose of this Chapter is to provide for safe, orderly and
beneficiaI development of districts characterized by diversity of physiographic conditions and
significant natural features; to Iimit alteration of topography and reduce encroachment upon,
or alteration of, any natural environment and; to provide for sensitive development in areas
that are constrained by various naturaI features. Physiographic conditions and significant
natural features can be considered to include, but are not limited to: slope of the land, natural
drainage ways, wetlands, soil characteristics, potential landslide areas, naturai and wildlife
habitats, forested areas, significant trees, and significant natural vegetation.
~8.62.Q2Q Regulations. The type of reguIation applicable to he land depends upon the
classification in which the Iand is placed, as provided in Section 18.62.05Q. If those
regulations conflict with other regulations of the City of Ashland's Municipal Code, the more
stringent of the two reguIations shalI govern.
18.62.0;~0 Definitions. The foIlowing terms are hereby defined as they a?pIy to this Chapter:
A. Architect - An architect licensed by the State of Oregon.
Averae?e sIope- average slope for a parcel of land or for an entire project, for
the purposes of determining the area to remai~ in a naturaI state shall be
caIcuiated before grading using the following formula:
S = .OQ229(1)(L)
A
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G°
where "S" is the average percent of slope; ",00229" is the conversion factor for
square feet; "I" is the contour interval in feet; "L" is the summation of length of
the contour lines in scale feet; and "A" is the area of the parcel or project in
acres.
Buildable area - That portion of an existing or proposed lot that is free of
building restrictions. For the purpose of this ordinance, a buildable area cannot
contain any setback areas, easements, and similar building restrictions, and
cannot contain any land that is identified as Floodplain Corridor Lands, or any
land that is greater than 35% slope.
Cohesive Soils - Residual or transported soils, usually originating from parent
rock which contains significant quantities of minerals which weather to clay.
Cohesive soils have a Plasticity Index of ten or more, based on laboratory
testing according to AASHTO methods, or a site-specific scientific analysis of
a particular soil material.
Development - Alteration of the land surface by:
1. Earth-moving activities such as grading, filling, stripping, or cutting
involving more than 20 cubic yards on any lot, or earth-moving activity
disturbing a surface area greater than 1000 sq. ft. on any lot;
2. Construction of a building, road, driveway, parking area, or other
structure; except that additions to existing buildings of less than 300
sq. ft. to the existing building footprint shall not be considered
development for section 18.62.080.
3. Culverting or diversion of any stream designated by this chapter.
Engineer - A registered professional engineer licensed by the State of Oregon.
Engineering Geologist - A registered professional engineering geologist licensed
by the State of Oregon.
Floodway Channel - The floodway channel as defined in thc ~ ...... a ....
A~oP. cy .,_,./' '-,--~ ," ...... ~-" -,,-, ~:,,..~ .... ",~'" ::"' ;';:':'.
Geotechnical Expert - An engineering geologist or an engineer with
demonstrable expertise in geologic hazards evaluation and geotechnical
engineering.
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Gully - A drainage incision, commonly caused by erosion, which does not
experience regular or seasonal stream flow, but does act as a channel for runoff
during periods of high rainfall.
Landscape Professional - arborist certified by the International Society of
Arboriculture, landscape architect licensed by the State of Oregon, or other
expert with demonstrable expertise in tree and erosion control vegetation
maintenance, and erosion control vegetation methods.
Natural Grade - the
elevation of the ground
level in its natural
state, before
construction, filling, or
excavation. (see graphic)
Natural State - all land
and water that remains
undeveloped and undisturbed. This means that grading, excavating, filling
and/or the construction of roadways, driveways, parking areas, and structures
are prohibited. Incidental minor grading for hiking trails, bicycle paths, picnic
areas and planting and landscaping which is in addition to and enhances the
natural environment is permitted. Incidental brush removal for lot maintenance
and ecosystem health is permitted. Further, vegetation removal for the
purposes of wildfire control in conjunction with an approved fire prevention and
control plan shall also be permitted.
Non-cohesive Soils - Residual or transported soils containing no or very little
clay, usually from crystalline granitic parent rock. Non-cohesive soils have a
Plasticity Index of less than ten, based on laboratory testing according to
AASHTO methods, or a published scientific analysis of a particular soil type.
Professional Arborist -
arborist certified by the
International Society of
Arboriculture and licensed by
the State of Oregon State
Landscape Contractors Board
or Construction Contractors
Board, or landscape architect
licensed by the State of
Oregon.
DEGREE OF SLOPE = ARC TANGENT OF V/H
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Riparian - That area associated with a natural water course including its
wildlife and vegetation.
Slope * The deviation of a surface from the horizontal, usualIy expressed in
percent. (see graphic)
Stripping - Any activity which significantly disturbs vegetated or otherwise
stabilized soil surface, including clearing and grubbing operations.
T. Tree Removal - the following activities are defined as tree removal:
o
The removal of three or more living trees of over six inches diameter at
breast height (d.b.h.), or the removal of five percent of the total number
of living (or dead trees) over six inches d.b.h., whichever is greater, on
any lot within five year period, or any form of commercial logging;
The removal of one or more living conifers greater than two feet d.b.h., or
living broadleaf trees greater than one foot d.b.h.;
Wildfire - Fire caused by combustion of native vegetation, commonly referred to
as forest fire or brush fire.
18.62.040 Approval and Permit Required. A Physical Constraints Review Permit is required
for the following activities:
A. Development, as defined in 18.62.030.D, in areas identified as Floodplain
Corridor Land, Riparian Preserve, Hillside Land, or Severe Constraint land.
Tree removal, as defined in 18.62.030.R., in areas identified as Floodplain
Corridor Land and Riparian Preserve.
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Commercial logging, in areas identified as Floodplain Corridor Land, Riparian
Preserve, Hillside Land, or Severe Constraint Land.
Tree removal, in areas identified as Hillside Land and Severe Constraint Land,
except that a permit need not be obtained for tree removal that is not
associated with development, and done for the purposes of wildfire management
and carried out in accord with a Fire Prevention and Control Plan approved by
the Fire Chief.
If a development is part OF a Site Review, Performance Standards Development,
Conditional Use Permit, Subdivision, Partition, or other Planning Action, then
the Review shall be conducted simultaneously with the Planning Action.
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If a development is exclusive of any other Planning Action, as noted in
Subsection B, then the Physical Constraints Review shall be processed as a
Staff Permit.
Where it appears that the proposal is part of a more extensive development
that would require a master site plan, or other planning action, the Staff
Advisor shall require that all necessary applications be filed simultaneously.
Plans Required. The following plans shall be required for any development
requiring a Physical Constraints Review:
The plans shall contain the following:
a. Project name.
b. Vicinity map.
c. Scale (the scale shall be at least one inch equals 50 feet or
larger) utilizing the largest scale that fits on 22" x 34" paper.
Multiple plans or layers shall be prepared at the same scale,
excluding detail drawings.
d. North arrow.
e. Date.
f. Street names and locations of all existing and proposed streets
within or on the boundary of the proposed development.
g. Lot layout with dimensions for all lot lines.
h. Location and use of all proposed and existing buildings, fences
and structures within the proposed development. Indicate which
buildings are to remain and which are to be removed.
i. Location and size of all public utilities affected by the proposed
development.
j. Location of drainage ways or public utility easements in and
adjacent to I Slop~ eat~o~ areas
the Iareas of uniform slope
proposed I (within 5'/,) of the maximum
developmen Iindicated.
of all other
easements,
~. A
topographic
map of the *° '
site at a
contour
interval of
-- .'Builda ble
not less Area all Slope ~s measured
areas less than or perpendicular to contour
lines
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than two feet nor greater than five feet. The topographic map shall also include a slope
analysis, indicating buildabIe areas, as shown in the graphic.
I. Location of all parking areas and spaces, ingress and egress on
the site, and on-site circulation.
m. Accurate locations of all existing natural features including, but
not limited to, all trees as required in 18.62.080.D.1, including
those of a caliper equal to or greater than six inches d.b.h.,
native shrub masses with a diameter of ten feet or greater,
natural drainage, swales, wetlands, ponds, springs, or creeks on
the site, and outcroppings of rocks, boulders, etc, Natural
features on adjacent properties potentially impacted by the
proposed development shall also be included, such as trees with
driplines extending across property lines. In forested areas, it is
necessary to identify only those trees which will be affected or
removed by the proposed development. Indicate any
contemplated modifications to a natural feature.
n. The proposed method of erosion control, water runoff control,
and tree protection for the development as required by this
chapter.
o. Building envelopes for all existing and proposed new parcels that
contain only buildable area, as defined by this Chapter.
P. Location of all irrigation canals and major irrigation lines.
q. Location of all areas of land disturbance, including cuts, fills,
driveways, building sites, and other construction areas. Indicate
total area of disturbance, total percentage of project site
proposed for disturbance, and maximum depths and heights of
cuts and fill.
r. Location for storage or disposal of ail excess materials resulting
from cuts associated with the proposed development.
s. Applicant name, firm preparing plans, person responsible for plan
preparation, and plan preparation dates shall be indicated on ali
plans.
t. Proposed timeline for development based on estimated date of
approval, including completion dates for specific tasks.
Additional plans and studies as required in Sections 18.62.070,
18.62.080, 18.62.090 and 18.62.100 of this Chapter.
Criteria for approval. A Physical Constraints Review Permit shall be issued by
the Staff Advisor when the Applicant demonstrates the following:
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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.
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.
That the applicant has taken all reasonable steps to reduce the adverse
impact on the environment. Irreversible actions shall be considered more
seriously than reversible actions. The Staff Advisor or Planning
Commission shall consider the existing development of the surrounding
area, and the maximum permitted development permitted by the Land
Use Ordinance.
The Staff Advisor or Planning Commission has the power to amend plans to
include any or all of the following conditions if it is deemed necessary to
mitigate any potential negative impact caused by the development:
Require the retention of trees, rocks, ponds, wetlands, springs, water
courses and other natural features.
Require plan revision or modification to mitigate possible negative or
irreversible effect upon the topography or natural features that the
proposed development may cause.
Require a performance guarantee as a condition of approval.
Require special evaluation by a recognized professional. A professional
consultant may be hired to evaluate proposals and make
recommendations if the hearing authority finds that outside expertise is
needed. The professional will have expertise in the specific area or in the
potential adverse impacts on the area. A fee for these services shall be
charged to the applicant in addition to the application fee.
18.62.050 Land Classifications. The following factors shall be used to determine the
classifications of various lands and their constraints to building and development on them:
A. Floodplain Corridor Lands - Lands with potential stream flow and flood hazard.
The following lands are classified as Floodplain Corridor lands:
Ail land contained within the 100 year floodplain as defined by the
Federal Emergency Management Agency, in maps adopted by Chapter
15.10 of the Ashland Municipal Code.
All land within the area defined as Floodplain Corridor land in maps
adopted by the Council as provided for in section 18.62.060.
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All lands which have physical or historical evidence of fIooding in the
historicaI past,
Ali areas within 20 feet (horizontal distance) of any creek designated
for Riparian Preservation in 18.62,Q50.5 and depicted as such on maps
adopted by the CounciI as provided for in section 18,62.060,
Ali areas within ten feet (horizontal distance) of any drainage channel
depicted on maps adopted by the Council but not designated as
Riparian Preservation.
Riparian Preservation - The following Floodplain Corridor Lands are also
designated for Riparian Preservation for the purposes of this section and as
listed on the Physical and Environmental Constraints Overlay Maps; Tolman,
Hamilton, CIay, Bear, Kitchen, Ashland, Nell and Wrights Creeks.
Hillside Lands - Hillside Lands are lands which are subject to damage from
erosion and slope failure, and include areas which are highly visible from other
portions of the city. The following lands are classified as Hillside Lands:
1. All areas defined as Hillside Lands on the Physical Constraints Overlay
map and which have a slope of 25 percent or greater.
Wildfire Lands - Lands with potential of wildfire. The following lands are
classified as Wildfire Lands:
1. All areas defined as wildfire lands on the Physical Constraints Overlay
map,
Severe Constraint Lands - Lands with severe development characteristics
which generally limit normal development. The following lands are classified as
Severe Constraint Lands:
1. Ali areas which are within the floodway channels, as defined in Chapter
15.10.
2. All lands with a slope greater than 35 percent.
Classifications Cumulative. The above classifications are cumulative in their
effect and, if a parcel of land falls under two or more classifications, it shall be
subject to the regulations of each classification. Those restrictions applied
shall pertain only to those portions of the land being developed and not
necessarily to the whole parcel.
18.62.060 Official Maps.
A. The City Council shall adopt official maps denoting the above identified areas.
Substantial amendments of these maps shall be a Type 3 procedure.
B. Minor amendments of the maps to correct mapping errors when the
amendments are intended to more accurately reflect the mapping criteria
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contained in this chapter or in the findings of the Council in adopting an official
map may be processed as a Type 1 procedure.
18.62.070 Development Standards for Floodplain Corridor Lands. For all land use actions
which could result in development of the Floodplain Corridor, the following is required in
addition to any requirements of Chapter 15.10:
A. Standards for fill in Floodplain Corridor lands:
1. Fill shall be designed as required by the Uniform Building Code, Chapter
70, where applicable.
2. The toe of the fill shall be kept at least ten feet outside of floodway
channels, as defined in section 15.10, and the fill shall not exceed the
angle of repose of the material used for fill.
3. The amount of fill in the Floodplain Corridor shall be kept to a minimum.
Fill and other material imported from off the lot that could displace
floodwater shall be limited to the following:
a. Poured concrete and other materials necessary to build
permitted structures on the lot.
b. Aggregate base and paving materials, and fill associated with
approved public and private street and driveway construction.
c. Plants and other landscaping and agricultural material.
d. A total of 50 cubic yards of other imported fill material.
e. The above limits on fill shall be measured from April 1989, and
shall not exceed the above amounts. These amounts are the
maximum cumulative fill that can be imported onto the site,
regardless of the number of permits issued.
4. If additional fill is necessary beyond the permitted amounts in (3) above,
then fill materials must be obtained on the lot from cutting or
excavation only to the extent necessary to create an elevated site for
permitted development. Ail additional fill material shall be obtained from
the portion of the lot in the Floodplain Corridor.
5. Adequate drainage shall be provided for the stability of the fill.
6. Fill to raise elevations for a building site shall be located as close to the
outside edge of the Floodplain Corridor as feasible.
B. Culverting or bridging of any waterway or creek identified on the official maps
adopted pursuant to section 18.62.060 must be designed by an engineer.
Stream crossings shall be designed to the standards of Chapter 15.10, or where
no floodway has been identified, to pass a one hundred (100) year flood without
any increase in the upstream flood height elevation. The engineer shall consider
in the design the probability that the culvert will be blocked by debris in a severe
flood, and accommodate expected overflow. Fill for culverting and bridging shall
be kept to the minimum necessary to achieve property access, but is exempt
from the limitations in section (A) above. Culverting or bridging of streams
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identified as Riparian Preservation are subject to the requirements of
18.62.075.
Non-residential structures shall be flood-proof to the standards in Chapter
15.10 to one foot above the elevation contained in the maps adopted by chapter
15.10, or up to the elevation contained in the official maps adopted by section
18.62.060, whichever height is greater. Where no specific elevations exist, then
they must be flood proofed to an elevation of ten feet above the creek channel
on Ashland, Bear or NeiI Creek; to five feet above the creek channel on all other
Riparian Preserve creeks defined in section 18.62.Q50.B; and three feet above
the stream channel on all other drainage ways identified on the official maps.
All residential structures shall be elevated so that the lowest habitable floor
shall be raised to one foot above the elevation contained in the maps adopted
in chapter 15.10, or to the elevation contained in the official maps adopted by
section 18.62.Q60, whichever height is greater. Where no specific elevations
exist, then they must be constructed at an elevation of ten feet above the
creek channel on Ashland, Bear, or NeiI Creek; to five feet above the creek
channel on all other Riparian Preserve creeks defined in section 18.62.050.B;
and three feet above the stream channel on ail other drainage ways identified
on the official maps, or one foot above visible evidence of high flood water flow,
whichever is greater. The elevation of the finished lowest habitable floor shall be
certified to the city by an engineer or surveyor prior to issuance of a certificate
of occupancy for the structure.
To the maximum extent feasible, structures shall be placed on other than
Floodplain Corridor Lands. In the case where development is permitted in the
Floodplain corridor area, then development shall be limited to that area which
would have the shallowest flooding.
Existing lots with buildable land outside the Floodplain Corridor shall locate all
residential structures outside the Corridor land, unless 50% or more of the lot
is within the Floodplain Corridor. For residential uses proposed for existing lots
that have more than 50% of the lot in Corridor land, structures may be located
on that portion of the floodplain corridor that is two feet or less below the
flood elevations on the official maps, but in no case closer than 20 feet to the
channel of a Riparian Preservation Creek. Construction shall be subject to the
requirements in paragraph D above.
New non-residential uses may be located on that portion of Floodplain Corridor
lands that equal to or above the flood elevations on the official maps adopted
in section 18.62.060. Second story construction may be cantilevered over the
floodplain corridor for a distance of 20 feet if the clearance from finished grade
is at least ten feet in height, and is supported by pillars that will have minimal
impact on the flow of floodwaters. The finished floor elevation may not be more
than two feet below the flood corridor elevations.
All lots modified by lot line adjustments, or new lots created from lots which
con,.din Floodplain Corridor land must contain a buildin~ envelope om ail lot(s)
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which contain(s) buildable area of a sufficient size to accommodate the uses
permitted in the underling zone, unless the action is for open space or
conservation purposes. This section shall apply even if the effect is to prohibit
further division of lots that are larger than the minimum size permitted in the
zoning ordinance.
Basements.
1. Habitable basements are not permitted for new or existing structures or
additions located within the Floodplain Corridor.
2. Non-habitable basements, used for storage, parking, and similar uses
are permitted for residential structures but must be flood-proofed to
the standards of Chapter 15.10.
Storage of petroleum products, pesticides, or other hazardous or toxic
chemicals is not permitted in Floodplain Corridor lands.
Fences constructed within 20 feet of any Riparian Preservation Creek
designated by this chapter shall be limited to wire or electric fence, or similar
fence that will not collect debris or obstruct flood waters, but not including wire
mesh or chain link fencing. Fences shall not be constructed across any
identified riparian drainage or riparian preservation creek. Fences shall not be
constructed within any designated floodway.
Decks and structures other than buildings, if constructed on Floodplain Corridor
Lands and at or below the levels specified in section 18.62.070.C and D, shall be
flood-proofed to the standards contained in Chapter 15.10.
Local streets and utility connections to developments in and adjacent to the
Floodplain Corridor shall be located outside of the Floodplain Corridor, except for
crossing the Corridor, and except in the Bear Creek floodplain corridor as
outlined below:
1. Public street construction may be allowed within the Bear Creek
floodplain corridor as part of development following the adopted North Mountain
Neighborhood Plan. This exception shall only be permitted for that section of
the Bear Creek floodplain corridor between North Mountain Avenue and the
Nevada Street right-of-way. The new street shall be constructed in the general
location as indicated on the neighborhood plan map, and in the area generally
described as having the shallowest potential for flooding within the corridor.
2. Proposed development that is not in accord with the North Mountain
Neighborhood Plan shall not be permitted to utilize this exception.
18.62.075
Development Standards for Riparian Preservation lands.
Ail development in areas indicated for Riparian Preservation, as defined in
section I8.62.050(B), shall comply with the following standards:
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Development shall be subject to all Development Standards for
Floodplain Corridor Lands (18.62.070)
Any tree over six inches d.b.h, shall be retained to the greatest extent
feasible.
Fill and Culverting shall be permitted only for streets, access, or utilities.
The crossing shall be at right angles to the creek channel to the
greatest extent possible. Fill shall be kept to a minimum.
The general topography of Riparian Preservation lands shall be retained.
18,62.080 Development Standards for Hillside Lands. It is the purpose of the
Development Standards for Hillside Lands to provide supplementary development regulations
to underlying zones to ensure that development occurs in such a manner as to protect the
natural and topographic character and identity of these areas, environmental resources, the
aesthetic qualities and restorative value of lands, and the public health, safety, and general
welfare by insuring that development does not create soil erosion, sedimentation of lower
slopes, slide damage, flooding problems, and severe cutting or scarring. It is the intent of
these development standards to encourage a sensitive form of development and to allow for a
reasonable use that complements the natural and visual character of the city.
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.
2. Ail newly created lots either by subdivision or partition shall contain a
building envelope with a slope of 35% or less.
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.
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4. Geotechnical Studies. For all applications on Hillside Lands involving
subdivisions or partitions, the following additional information is required:
A geotechnicat study prepared by a geotechnical expert indicating that the site
is stable for the proposed use and development. The study shall include the
following information:
Index map.
Project description to include location, topography, drainage,
vegetation, discussion of previous work and discussion of field
exploration methods.
Site geology, based on a surficial survey, to include site geologic
maps, description of bedrock and surficial materials, including
artificial fill, locations of any faults, folds, etc .... and structural
data including bedding, jointing and shear zones, soil depth and
soil structure.
Discussion of any off*site geologic conditions that may pose a
potential hazard to the site, or that may be affected by on-site
development.
Suitability of site for proposed development from a geologic
stand point.
Specific recommendations for cut and fill slope stability, seepage
and drainage control or other design criteria to mitigate geologic
hazards.
If deemed necessary by the engineer or geologist to establish
whether an area to be affected by the proposed development is
stable, additional studies and supportive data shall include
cross-sections showing subsurface structure, graphic logs with
subsurface exploration, results of laboratory test and references.
Signature and registration number of the engineer and/or
geologist.
Additional information or analyses as necessary to evaluate the
site.
Inspection schedule for the project as required in 18.62.080.5.9.
Location of all irrigation canals and major irrigation pipelines.
Hillside Grading and Erosion Control. Ail development on Iands classified as
hillside shall provide plans conforming with the following items:
1. Ail 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.
Physical and Environmental Constraints Ordinance Revision
Hillside Standards
City Council Adopted Version -- Second Reading (2.7) -- December 2, 1997
Page 13
Erosion control measures on the development site shall be required to minimize
the solids in runoff from disturbed areas.
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 wet
months of the year. Erosion control measures shall be installed and functional
by October 31. Up to 30 day modifications to the October 31 date, and 45 day
modification to the May 1 date may be made by the Planning Director, based
upon weather conditions and in consultation with the project geotechnical
expert. The modification of dates shall be the minimum necessary, based upon
evidence provided by the applicant, to accomplish the necessary project goals.
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 examp/e, on a 25,000 s~/. fr./o/; wi~h an average slope of
2~%+29%=54% of the total Io5 area shall be retained in a natural
The retention in a natural state of areas greater than the minimum percentage
required here is encouraged.
4. Grading - cuts.
On all cut slopes on
areas classified as
Hillside lands, the
following standards
shall apply:
a. Cut
slope angIes
shall be
determined in
relationship to
the type of
materials of
which they are
composed.
ut Slope and ~s' ~ ~o~'0~~ Stocked Rock
. / or Masonry
F;ll Slope M°x'~"* I
Cut Slope I
H eighl ~~T H el9M
b ~m Erosion ~ntrol
' ~ Herring
~ ~ ~ Not ~ Scale
,,~-'- For Illustration Only
Physical and Environmental Constraints Ordinance Revision
Hillside Standards
City Council Adopted Version -- Second Reading (2.7) -- December 2, 1997
Page 14
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 functional 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.
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 a terraced section shall not exceed a maximum
height of five feet. Terrace widths shall be a minimum of three feet to
allow for the introduction of vegetation for erosion control. Total cut
slopes shall not exceed a maximum vertical height of 15 feet. (See
Graphic)
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.
Cut slopes for structure
foundations encouraging
the reduction of effective
visual bulk, such as split
pad or stepped footings
shall be exempted from the
height limitations of this
section. (See Graphic)
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
Reduce Effective Visual ...... ~-~,~1~I
Bulk by Utilizing ~?.~-----~"~
Stepped Foundations ~
necessary. The vegetation used for these areas shall be native or
species similar in resource vaIue which will survive, heIp 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.
5. Grading - fills. On all fill slopes on lands classified as Hillside Lands, the
following standards shall apply:
Physical and Environmental Constraints Ordinance Revision
Hillside Standards
City Council Adopted Version -- Second Reading (2.7) -- December 2, 1997
Page 15
a. Fill slope angles shall be determined in relationship to the type of
materials of which they are composed. 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.
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
manufacturer's recommendations.
c. Utilities. Whenever possible, utilities shall not be located or
installed on or in fill slopes. When determined that it necessary to
install utilities on fill slopes, all plans shall be designed by a geotechnical
expert.
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 on disturbed areas.
6. Revegetation requirements. Where required by this chapter, all required
revegetation of cut and fill 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.
7. Maintenance, Security, and Penalties for Erosion Control Measures.
a. Maintenance. Ali measures installed for the purposes of tong-term
erosion control, including but not limited to vegetative cover, rock walls,
and landscaping, shall be maintained in perpetuity on ali 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.
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
Physical and Environmental Constraints Ordinance Revision
Hillside Standards
City Council Adopted Version -- Second Reading (2.7) -- December 2, 1997
Page 16
C0
other financial guarantees in the amount of 12Q% 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 PIanning Director and Public Works Director determine, jointly, that
the site has been stabilized. Ail or a portion of the security retained by
the City may be withheld for a period 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.
8. Site Grading. The grading of a site on Hillside Lands shall consider the
sensitive nature of these areas. Grading plans shall be reviewed considering the
following factors:
a. Terracing should be designed with small incremental steps,
avoiding wide step terracing and large areas of fiat pads.
b. Retain existing grades to the greatest extent possible. Avoid an
artificial appearance by creating smooth flowing contours of varying
gradients. Avoid sharp cuts and fills and long, linear slopes that have
uniform grade.
c. Avoid hazardous or unstable portions of the site.
d. Building pads should be of minimum size to accommodate the
structure and a reasonable amount 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.
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 individual structures, the project geotechnical
expert shall provide a final report indicating that the approved grading,
drainage, and erosion control measures were installed as per the approved
plans, and that all scheduled inspections, as per 18.62.080.A.4.j were
conducted by the project geotechnical expert periodically throughout the
project.
Surface and Groundwater Drainage. Ali development on Hillside Lands shall
conform to the following standards:
Physical and Environmental Constraints Ordinance Revision
Hillside Standards
City Council Adopted Version -- Second Reading (2.7) -- December 2, 1997
Page 17
All facilities for the collection of stormwater runoff shall be required to
be constructed on the site and according to the following requirements:
a. Stormwater facilities shall include storm drain systems
associated with street construction, facilities for accommodating
drainage from driveways, parking areas and other impervious surfaces,
and roof drainage systems.
b. Stormwater facilities, when part of the overall site improvements,
shall be, to the greatest extent feasible, the first improvements
constructed on the development site.
c. Stormwater facilities shall be designed to divert surface water
away from cut faces or sloping surfaces of a fill.
d. Existing natural drainage systems shall be utilized, as much as
possible, in their natural state, recognizing the erosion potential from
increased storm drainage..
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. Each facility shall
consider the needs for an emergency overflow system to safely carry any
overflow water to an acceptable disposal point.
f. Stormwater facilities shall be designed, constructed and
maintained in a manner that will avoid erosion on-site and to adjacent
and downstream properties.
g. Alternate stormwater systems, such as dry well systems,
detention ponds, and leachfields, shall be designed by a registered
engineer or geotechnicaI expert and approved by the City's Public Works
Department or City Building Official.
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 ali trees greater than six
inches d.b.h., identified by d.b.h., species, 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
Physical and Environmental Constraints Ordinance Revision
Hillside Standards
City Council Adopted Version -- Second Reading (2.7) -- December 2, 1997
Page 18
clump of trees, with the predominant species, estimated number and average
diameter indicated. All tree surveys shall have an accuracy of plus or minus
two feet. The name, signature, and address of the site surveyor responsible for
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 inventory.
2. Evaluation of Suitability for Conservation. Ali 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 tree species and ages.
f. Size. Large trees provide a greater protection for erosion and
shade than smaller trees.
3. Tree Conservation in Project Design. Significant trees (2' d.b.h, or
greater conifers and 1' d.b.h, or greater broadleaf) shall be protected and
incorporated into the project design whenever possible.
Streets,
buildings,
utilities, ii'" .:.'"
and other site .-
disturbances
Existing Site
with significant
· , trees
Site Planning
Responsive to
Tree Locations
Sensitive develoment
option for property
Physical and Environmental Constraints Ordinance Revision
Hillside Standards
City Council Adopted Version -- Second Reading (2.7) -- December 2, 1997
Page 19
located such that the maximum number of existing trees on the site are
preserved, while recognizing and following the standards for fuel
reduction if the development is located in Wildfire Lands.
b. Building envelopes shall be located and sized to preserve the
maximum number of trees on site while recognizing and following the
standards for fuel reduction if the development is located in Wildfire
Lands.
disturbance of
tree protection
areas.
Layout of the project site utility and grading plan shall avoid
4. Tree Protection.
On ail properties where
trees are required to be
preserved during the
course of development,
the developer shall follow
the following tree
protection standards:
a. Ail trees
designated for
conservation
shall be clearly
marked on the
project site.
Prior to the
Tree Conservation
Guideline
Flagging Tape
To
Potentiak
Area
Dri?line Fence
Protective Fencing
metal stakes or equivalent
~4' minimum fence height
3' Protection
Area -- }land Excavate
Only - No Heavy
Equipment or Parking
start of any clearing, stripping, stockpiling, trenching, grading,
compaction, paving or change in ground elevation, the applicant shall
install fencing at the drip line of all trees to be preserved adjacent to or
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.
(see graphic)
b. Construction site activities, including
but not limited to parking, material storage,
soil compaction and concrete washout, shall
. * ----..D, ripline
Tree Canopy ~ ~ x~
To provide minimum protection to the
root area, take the greatest radius
f~om trunk to dripline and create a
regular circle, using the longest radius,
rather than to follow an irregular,
above ground, existing tree dripline.
Physical and Environmental Constraints Ordinance Revision
Hillside Standards
City Council Adopted Version -- Second Reading (2.7) -- December 2, 1997
Page 20
be arranged so as to prevent disturbances within tree protection areas.
c. No grading, stripping, compaction, or significant change in ground
elevation shall be permitted within the drip line of trees designated for
conservation unless indicated on the grading plans, as approved by the
City, and landscape professional. If grading or construction is approved
within the dripline, a landscape professional may be required to be
present during grading operations, and shall have authority to require
protective measures to protect the roots.
d. Changes in soil hydrology and site drainage within tree protection
areas shall be minimized. Excessive site run-off shall be directed to
appropriate storm drain facilities and away from trees designated for
conservation.
e. Should encroachment into a tree protection area occur which
causes irreparable damage, as determined by aiiiilandscape 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.
5. Tree Removal. Development shall be designed to preserve the maximum
number of trees on a site, when balanced with other provisions of this chapter
and recognizing and following the standards for fuel reduction if the
development is located in Wildfire Lands. When justified by findings of fact, the
hearing authority may approve the removal of trees for one or more of the
following conditions:
a. The tree is located within the building envelope.
b. The tree is located within a proposed street, driveway, or parking
area.
c. The tree is located within a water, sewer, or other public utility
easement.
d. The tree is determined by a landscape professional to be dead or
diseased, or it constitutes an unacceptable hazard to life or property
when evaluated by the standards in 18.62.080.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.
Physical and Environmental Constraints Ordinance Revision
Hillside Standards
City Council Adopted Version -- Second Reading (2.7) -- December 2, 1997
Page 21
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.
Replacement trees
shall be of similar
resource value as the
trees removed, The
replanting plan shall
include ali locations
for replacement
trees, and shaii also
indicate tree planting
detaiIs,
Tree Planting
Guideline
mulch kept
Stake only If tree is unable
e~ Itc e~m,
and stake as Iow as la~sible
with a non-metallic crake.
Cu~tivated planting a~ea should be 3-5
times the size ~f the football, and only
native soil should be used f~r ~11.
Mound sllghtly to contain wa~e~.
Set Wp ~f root~all at gn~und I~el.
buHap from trunk, and
keep below grade.
b. Replacement
trees shall be set,~, **nd g.und
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 of 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. The hearing authority may, instead of requiring replacement
trees, require implementation of a revegetation plan. This plan may be
substituted in heavily forested areas or in areas determined to be
appropriate as determined by aiiiilandscape professional and approved by
the hearing authority. The developer shall be required to enter into a
written agreement with the City obligating the developer to comply with
the requirements of the revegetation program. A security deposit, not
exceeding the cost of the revegetation plan implementation, may be
required to ensure that the agreement is fulfilled.
Physical and Environmental Constraints Ordinance Revision
Hillside Standards
City Council Adopted Version -- Second Reading (2.7) -- December 2, 1997
Page 22
d. 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 initiaI planting must be replaced in kind, after which a new
five year replacement period shall begin. Replanting must occur within
30 days of notification unIess otherwise noted.
7. Enforcement.
a. Ail 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 designated for protection and conservation, the developer shall
be penalized $50.00 per scar. If necessary, 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.
E. Building Location and Design
Standards. Ali buildings and buildable
areas proposed for Hillside Lands shall be
designed and constructed in compliance
with the following standards:
1. Building Envelopes. Ali newly
created lots, either by subdivision or
partition, shall contain building
envelopes conforming to the
following standards:
a. The building envelope
shall contain a buildabIe area
with a slope of 35% or less.
Physical and Environmental Constraints Ordinance Revision
Hillside Standayds
City Council Adopted Version -- Second Reading (2.7) -- December 2, 1997
Page 23
b. Building envelopes and lot design shall address the retention of a
percentage of the lot in a natural state as required in 18.62.080.B.3.
c. Building envelopes shall be designed and located to maximize tree
conse at on as required S.62.0eO.D.3. iiiwh Ie recognizing and
following the standards for fuel reduction if the development is located
in Wildfire Lands
do
be located to avoid ridgeline
exposures, and designed such
that the roofline of a building
within the envelope does not
project above the ridgeline.
Retention of hillside
character and natural
slope by avoiding ~
IocatlonsJ
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, wail, parapet, mansard, or
other feature perpendicular to that
grade. Maximum Hillside Building Height
shall be ~ 30 feet. (see graphics)
b. Cut buildings into hillsides to
reduce effective visual bulk.
Permitted
(1). Split pad or stepped footings shall be incorporated into
building design to allow the structure to more closely follow the
slope.
Not
(2). Reduce building mass by Permitted
utilizing below grade rooms cut
into the natural slope.
Physical and Environmental Constrain~ Ordinance Revision
Hillside St~d~ds
City Council Adopted Ve~ion -- Second R~ding (2.~ -- December 2, 1997
Page 24
c. A building stepback shall be
required on ail downhill building walls
greater than 2Q feet in height, as measured above
natural grade. Stepbacks shalI be a minimum of six feet.
No vertical walls on the downhill elevations of new
buildings shalI exceed a maximum height of 2Q feet above
natural grade. (see graphic)
d. Continuous horizontal
building planes shall not exceed a
maximum length of 36 feet. Planes
longer than 36 feet shall include a
minimum offset of six feet. (see
graphic)
eo
structures be broken into
a series of smaller building
components to reflect the
irregular forms of the
surrounding hillside. Long,
linear unbroken roof lines
are discouraged. Large
gable ends on downhill
elevations :::::::::::::::::::::::::::::::::: ~ii
avoided, however smaller
gables may be permitted.
(see graphic)
~:i$ recornmende~ that Roof forms and roof lines for new
f. !t is recommended
lower floor
levels-m~y be used to
Orient P-o~f ~$S~
Slope with the ~S~e
~~~Hillside ~0~
provide deck or outdoor space for upper floor levels. The use of
overhanging decks with verticaI supports in excess of 12 feet on downhill
~::~!~:::::::: ...... be avoided.
elevations
g. i'l: ~s recommended tha% .e~clcr selection for new structures be
coordinated with the predominant colors of the surrounding landscape
to minimize contrast between the structure and the natural
environment, m,.~ ...... ,~, .... ~. ~11 ~,.1 .......h, ~- ...... _1 .... II; ......;*~
..... F'~*'~'~' ....... ~'"~ ~F~'~ ~ ''~** ~*~'"''~ .... ~
............................ p, ~F~, ~ .................. ~ ............
Physical and Environmental Constraints Ordinance Revision
Hillside Standards
City Council Adopted Version -- Second Reading (2.7) -- December 2, 1997
Page 25
Ail structures on Hillside Lands shall have foundations which have been
designed by an engineer or architect with demonstrable geotechnical design
~.xp.,~ .......... A.aesign~, ag defined~;!shall nS co~npf~e woeking'drawings without
having fo.;ndat'.ons :aesigne~t:'by ar. engineer.
All newIy created lots or Iots modified by a lot line adjustment must include a
building envelope on all lots that contains a buiIdable area less than 35% slope
of sufficient size to accommodate the uses permitted in the underlying zone,
unless the division or lot line adjustment is for open space or conservation
purposes.
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:
There is demonstrable difficulty in meeting the specific requirements of
this chapter due to a unique or unusual aspect of the site or proposed
use of the site;
The variance will result in equal or greater protection of the resources
protected under this chapter;
3. The variance is the minimum necessary to alleviate the difficulty; and
The variance is consistent with the stated Purpose and Intent of the
Physical and Environmental Constraints Chapter and section 18.62.080.
Appeals of decisions involving administrative variances shall be processed as outlined in
18.108.070.
18.62.090
Ao
Development Standards for Wildfire Lands.
Requirements for Subdivisions, Performance Standards Developments, or
Partitions.
1. A Fire Prevention and Control Plan shall be required with the submission
of any application for an outline plan approval of a Performance
Standards Development, preliminary plat of a subdivision, or application
to partition land which contained areas designated Wildfire Hazard
areas.
2. The Staff Advisor shall forward the Fire Prevention and Control Plan to
the Fire Chief within 3 days of the receipt of a completed application.
The Fire Chief shall review the Fire Prevention and Control Plan, and
Physical and Environmental Constraints Ordinance Revision
Hillside Standards
City Council Adopted Version -- Second Reading (2.7) -- December 2, 1997
Page 26
submit a written report to the Staff Advisor no less than 7 days before
the scheduled hearing. The Fire Chiefs report shall be a part of the
record of the Planning Action.
The Fire Prevention and Control PIan, prepared at the same scale as the
development plans, shall include the following items:
a. An analysis of the fire hazards on the site from wildfire, as
influenced by existing vegetation and topography.
b. A map showing the areas that are to be cleared OF dead, dying,
or severely diseased vegetation.
c. A map of the areas that are to be thinned to reduce the
interlocking canopy OF trees.
d. A tree management plan showing the location OF ail trees that
are to be preserved and removed on each lot. In the case of
heavily forested parcels, only trees scheduled for removal shall be
shown.
e. The areas of Primary and Secondary Fuel Breaks that are
required to be installed around each structure, as required by
18.62.090 B.
f. Roads and driveways sufficient for emergency vehicle access and
fire suppression activities, including the slope of ail roads and
driveways within the Wildfire Lands area.
Criterion for Approval. The hearing authority shall approve the Fire
Prevention and Control Plan when, in addition to the findings required by
this chapter, the additional finding is made that the wildfire hazards
present on the property have been reduced to a reasonable degree,
balanced with the need to preserve and/or plant a sufficient number of
trees and pIants for erosion prevention, wildlife habitat, and aesthetics.
The hearing authority may require, through the imposition of conditions
attached to the approval, the following requirements as deemed
appropriate for the development of the property:
a. Delineation of areas of heavy vegetation to be thinned and a
formal plan for such thinning.
b. Clearing OF sufficient vegetation to reduce fuel load.
c. Removal of ail dead and dying trees.
d. Relocation of structures and roads to reduce the risks of wildfire
and improve the chances of successful fire suppression.
The Fire Prevention and Control Plan shall be implemented during the
public improvements required of a subdivision or Performance Standards
Development, and shall be considered part of the subdivider's obligations
for land development. The Plan shall be implemented prior to the
issuance of any building permit for structures to be located on lots
created by partitions and for subdivisions or Performance Standards
Physical and Environmental Constraints Ordinance Revision
Hillside Standards
City Council Adopted Version -- Second Reading (2.7) -- December 2, 1997
Page 27
developments not requiring public improvements. The Fire Chief, or
designee, shall inspect and approve the implementation of the Fire
Prevention and Control Plan, and the Plan shall not be considered fully
implemented until the Fire Chief has given written notice to the Staff
Advisor that the Plan was completed as approved by the hearing
authority.
7. In subdivisions or Performance Standards Developments, provisions for
the maintenance of the Fire Prevention and Control Plan shall be
included in the covenants, conditions and restrictions for the
development, and the City of Ashland shall be named as a beneficiary of
such covenants, restrictions, and conditions.
8. On lots created by partitions, the property owner shall be responsible for
maintaining the property in accord with the requirements of the Fire
Prevention and Control Plan approved by the hearing authority.
Requirements for construction of all structures.
1. Ail new construction and any construction expanding the size of an
existing structure, shall have a "fuel break" as defined below.
2. A "fuel 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
necessary for erosion control or aesthetic purposes, the fuel break may
be planted in slow-burning species. Establishment of a fuel 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 fuel break will be installed, maintained
and shall extend a minimum of 30 feet, or to the property line, whichever
is less, in ail directions around structures, excluding fences, on the
property. The goal within this area is to remove ground cover that will
produce flame lengths in excess of one foot. Such a fuel break shall be
increased by ten feet for each 10% increase in slope over 10%. Adjacent
property owners are encouraged to cooperate on the development of
primary fuel breaks.
4. Secondary Fuel Break - A secondary fuel break will be installed,
maintained and shall extend a minimum of 100 feet beyond the primary
fuel break where surrounding landscape is owned and under the control
of the property owner during construction. The goal of the secondary
fuel break is to reduce fuels so that the overall intensity of any wildfire
is reduced through fuels control.
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
area for which at lea~t 50% of the roofing area requires re-roofing shall
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be done under approval of a zoning permit. ~lo 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.
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.
Implementation.
1, For land which have been subdivided and required to comply with A. (6)
above, all requirements of the Plan shall be complied with prior to the
commencement of construction with combustible materials.
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. (Ord. 2657, 1991)
3. As of November 1, 1994, existing residences in subdivisions developed
outside of the Wildfire Lands one, but later included due to
amendments to the zone boundaries shall be exempt from the
requirements of this zone, with the exception of section 18.62.090 5.5.
above. All new residences shall comply with ail standards for new
construction in section 18.62.090 B.
4. Subdivisions developed outside of the wildfire lands zone prior to
November 1, 1994, but later included as part of the zone boundary
amendment, shall not be required to prepare or implement Fire
Prevention and Control Plans outlined in section 18.62.090 A. (Ord
2747, 1994)
18.62.10Q Development Standards for Severe Constraint Lands,
A. Severe Constraint Lands are extremely sensitive to development, grading, filling,
or vegetation removal and, whenever possible, alternative development should be
considered.
Development of floodways is not permitted except for bridges and road
crossings. Such crossings shall be designed to pass the 100 year flood without
raising the upstream flood height more than six inches.
C. Development on lands greater than 35% slope shall meet all requirements of
section 18.62.080 in addition to the requirements of this section.
D. Development of land or approval for a planning action shall be allowed only when
the following study has been accomplished. An engineering geologic study
approved by the City's Public Works Director and Planning Director establishes
that the site is stable for the proposed use and development. The study shall
include the following:
1. Index map.
2. Project description to include location, topography, drainage, vegetation,
discussion of previous work and discussion of field exploration methods.
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5.
6.
7.
Site geology, based on a surficial survey, to include site geologic maps,
description of bedrock and surficial materials, including artificial fill,
locations of any faults, folds, etc., and structural data including bedding,
jointing and shear zones, soil depth and soil structure.
Discussion of any off-site geologic conditions that may pose a potential
hazard to the site, or that may be affected by on-site development.
Suitability of site for proposed development from a geologic standpoint.
Specific recommendations for cut slope stability, seepage and drainage
control or other design criteria to mitigate geologic hazards.
If deemed necessary by the engineer or geologist to establish whether an
area to be affected by the proposed development is stable, additional
studies and supportive data shall include cross-sections showing
subsurface structure, graphic logs with subsurface exploration, results
of laboratory test and references.
Signature and registration number of the engineer and/or geologist.
Additional information or analyses as necessary to evaluate the site.
18.62.110 Density Transfer. Density may be transferred out of unbuildable areas to buildable
areas of a lot provided the following standards are met:
A. Partitions and subdivisions involving density transfer shall be processed under
Performance Standards, Chapter 18.88 of the Ashland Municipal Code.
15. A map shall be submitted showing the net buildable area to which the density
will be transferred.
C. A covenant shall be recorded limiting development on the area from which
density is transferred.
D. Density may not be transferred from one ownership to another but only within
the lot(s) owned by the same person.
E. Density may be transferred only on contiguous lots under common ownership.
F. The density of the buildable area may not be increased to more than two (2)
times the permitted density of the underlying zone. Fractional units are to be
rounded down to the next whole number. (Ord. 2528, 1989)
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 floodplain 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
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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 construction for which a
permit is required under this chapter shall be subject to inspection by the director 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
floodplain 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.
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