10.931 General Standards.
(1) Application of Provisions.
(a) Sections 10.929 to 10.933 apply to any proposed development containing an area of at least one-thousand (1,000) square feet with Slopes in excess of fifteen percent (15%), if the Slope Analysis demonstrates that development, including streets, will occur on those portions of the proposed development area with Slopes in excess of fifteen percent (15%).
(b) Sections 10.929 to 10.933 shall not apply to any proposed development containing an area of less than one-thousand (1,000) square feet with Slopes in excess of fifteen percent (15%), or if the Slope Analysis demonstrates that development on that proposed development area, including streets, will not occur on Slopes in excess of fifteen percent (15%).
(c) Type III land use reviews (except for zone changes) shall comply with Sections 10.929 to 10.933; building permit applications shall comply with Sections 10.929 to 10.931.
(2) Requirement for Slope Analysis. For parcels containing Slopes greater than fifteen percent (15%), as shown on the 2009 City of Medford Slope Map, a copy of which is maintained on file in the Planning Department, a Slope Analysis is required to be submitted with:
(a) Type III land use applications (except for zone changes); and,
(b) Building permit applications, if a Slope Analysis of the parcel was not previously submitted with a development application.
The Slope Analysis shall be reviewed by the City Director of Public Works or designee.
(3) Pre-Existing Approvals of Development on Slopes of Fifteen Percent (15%) or Greater.
(a) Unexpired Type III Land Use Approvals. Unexpired Type III land use approvals granted prior to enactment of Sections 10.929 to 10.933 (“Pre-Existing Approvals”) shall not be subject to Sections 10.929 to 10.933. Subsequent Type III land use applications related to a Pre-Existing Approval and filed after enactment of Sections 10.929 to 10.933 shall be subject to Sections 10.929 to 10.933, provided that the application of Sections 10.929 to 10.933 to the subsequent Type III land use application does not result in an irreconcilable conflict with the Pre-Existing Approval. For purposes of this Section, an irreconcilable conflict includes, but is not limited to, the following:
(i) the creation of unbuildable lots; or,
(ii) the reduction in density for the subject phase of five percent (5%) or more.
(b) Previously Submitted Development Applications. Development applications submitted prior to enactment of Sections 10.929 to 10.933 shall be governed by the Land Development Code in effect on the date of submission of the development application.
(4) Excavation and Grading Permits. Issuance of an Excavation and Grading permit shall be required prior to any excavation or grading, except for the types of excavation or grading exempted in Appendix J of the 2007 Oregon Structural Specialty Code, a copy of which is maintained on file in the Planning Department. The permit application shall be reviewed and approved by the City Building Official or designee. An application for an Excavation and Grading Permit shall be subject to the requirements set forth in Sections 10.727 and 10.728.
(5) Standards for Streets, Private Access Drives and Other Vehicular Ways.
(a) Grading on Slopes in excess of fifteen percent (15%) for streets, private access drives, and other vehicular ways shall be designed to reduce the extent of cuts and fills necessary for installation of the roadways, curbs, gutters, planter strips, sidewalks and utilities. Landscaping and other design elements may be incorporated to accomplish this objective where the approving authority finds the proposed design elements will serve this end.
(b) For streets other than arterial or collector streets in areas with Slopes in excess of fifteen percent (15%), the approving authority may modify public street improvement standards to solve special hillside functional problems. Modifications may include:
(i) Narrower streets;
(ii) Streets that provide access to the downhill side only;
(iii) Planter strip waivers;
(iv) Modification of surface drainage treatment standards;
(v) Modification of sidewalk standards;
(vi) Allowing through-lots abutting any street classification if the approving authority approves streets that provide access to the downhill side only; or,
(vii) Placing utilities within the public right-of-way.
(c) Modifications to public street improvement standards shall comply with the following:
(i) Minimum curb-to-curb paved width for residential streets, with the exception of Residential Lanes, shall be no less than twenty-eight feet (28’) if including parking on only one side of the street.
(ii) When sidewalks are authorized to be provided on only one side of the street, they shall be provided on the side of the street where parking is provided.
(iii) Street Slopes shall comply with standards in the 2004 American Association of State Highway Transportation Officials’ manual, A Policy on Geometric Design of Highways and Streets, a copy of which is maintained on file in the Planning Department.
(d) To request modifications to street improvement standards, the applicant shall submit proposed findings addressing:
(i) Why the modifications are needed; and,
(ii) How the proposed modifications are safe and function properly; and
(iii) How the proposed modifications minimize soil erosion and protect the natural character of the site.
(e) To approve modifications to street improvement standards, the approving authority shall, based on findings addressing 10.931(5)(d), conclude that:
(i) The proposed modifications are needed; and,
(ii) The proposed modifications will be safe and function properly; and
(iii) The proposed modifications will minimize soil erosion and protect the natural character of the site.
(6) Standards for Erosion Control. All disturbed soil surfaces on Slopes in excess of fifteen percent (15%) shall be covered from November 1 to April 1. If planned impervious surfaces (i.e., streets, access drives, etc.) are not installed prior to November 1, a temporary treatment adequate to prevent erosion shall be installed on disturbed soil surfaces until the impervious surfaces are installed or April 1, whichever is sooner. Alternatively, for disturbed soil surfaces in areas in which impervious surfaces are not planned to be installed, a temporary treatment adequate to prevent erosion shall be installed on disturbed soil surfaces or such surfaces shall be replanted with plants and/or trees with erosion control characteristics that are listed in the August 2006 version of the Oregon State University Extension Service publication Fire-Resistant Plants for Oregon Home Landscapes, a copy of which is maintained on file in the Planning Department.