This notice is provided to you in order to comply with ORS 227. 186 which requires the City to print the following information:

THIS IS TO NOTIFY YOU THAT THE CITY OF BANDON HAS PROPOSED A LAND USE REGULATION THAT MAY AFFECT THE PERMISSIBLE USES OF YOUR PROPERTY AND OTHER PROPERTIES.

On February 25, 2010, the Planning Commission of the City of Bandon, will hold a public hearing regarding the adoption of Ordinance 1582 (An ordinance amending Title 17, Zoning) and Ordinance 1583 (an ordinance amending the Comprehensive Plan) These proposed ordinances would amend regulations regarding Beaches and Dunes, the Shoreland Overlay zone, and the application of Statewide Planning Goal 18. The City of Bandon has determined that adoption of these ordinances may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property.

Ordinance 1582 and Ordinance 1583 are available for inspection at the Bandon City Offices located at 555 Highway 101. Black and white copies of Ordinance 1582 and Ordinance 1583 are also available for purchase at a cost of $ 5.00. For additional information concerning Ordinances 1582 and 1583, you may call the Bandon Planning Department at 541 347-2437, Extension 230. The Ordinance is also posted on the City of Bandon website at www.ci.bandon.or.us under Planning - Notices.

IT HAS NOT BEEN DETERMINED THAT THE VALUE OF YOUR PROPERTY WILL BE AFFECTED BY THE PROPOSED CODE AMENDMENT.

Thursday, February 25, 2010, 7:00 p.m. at the City Council Chambers at City Hall

AN ORDINANCE AMENDING THE BANDON MUNICIPAL CODE CHAPTER 17.76 SHORE LAND OVERLAY ZONE AND TO INCLUDE CHAPTER 17.77 BEACHES AND DUNES OVERLAY (BDO) ZONE

WHEREAS, the Bandon Municipal Code sets forth the regulatory measures for development in the City of Bandon, and

WHEREAS, the City of Bandon recognizes that the City benefits from its coastal shoreline, and

WHEREAS, the City needs to regulate land use action in beaches and dune areas to minimize erosion, protect coastal resources, and meet the requirements of the Comprehensive Plan and the protection of these resources, and

WHEREAS, the Planning Commission has reviewed the proposed amendments and recommended approval to the City Council after properly noticed public hearings, and

WHEREAS, the City Council has determined that the proposed amendments are in compliance with state and local requirements.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Bandon that the City of Bandon Comprehensive Plan is hereby amended as, contained in Exhibit A and B, said amendments are supported by the Findings of Fact contained in Exhibit C.

ADOPTED by the City Council of the City of Bandon this day of , 2010 on a roll call vote, .

17.76.060 Supplemental provisions for estuarine and shoreland uses/activities-- pre-application conference.

17.76.120 Coordination with Division of State Lands (DSL) state/federal waterway permit reviews.

The purpose of the shoreland overlay zone is to implement the provisions of the shoreland management units adopted in the city’s comprehensive plan. The uses for each shoreland management unit are shown in Table 17.76.130, Shoreland Uses/Activities Matrix. These management units are shown on the city’s zoning map.

The requirements of this overlay zone are applied in addition to the requirements of the underlying zone. In cases where the requirements of this zone overlap or conflict with the requirements of the underlying zone, the more restrictive shall apply.

Permitted uses and activities are designated for each management unit in Table 17.76.130, Shoreland Uses/Activities Matrix. To resolve possible conflicts, the following rules shall apply:

A. Uses permitted in the shoreland overlay zone but conditional uses in the underlying zone shall be conditional uses.

B. Uses permitted in the shoreland overlay zone but not permitted in the underlying zone shall not be permitted.

C. Activities not listed in the underlying zone shall be permitted or not permitted according to this overlay zone.

The conditional uses listed in Table 17.76.130, Shoreland Uses/Activities Matrix, may be allowed when in accordance with Chapter 17.92, applicable conditions of approval listed as footnotes on the table, and applicable policies of the comprehensive plan. Plan estuary Policies "A" through "U" are included herein by reference and made a part of this title.

Specific uses listed in the underlying zone but not listed in this overlay zone shall be considered under the general category of use which corresponds to the specific use.

All uses and activities, whether permitted or conditional, must conform to the standards listed below and the shoreland uses/activities matrix, appearing as Table 17.76.130 in this chapter. These standards are applicable to wetlands shown on the National Wetlands Inventory Map and other inventory maps of the city.

A. Dredged Material Disposal (DMD), Restoration (R), or Mitigation (M) Sites. Uses otherwise permitted by this title but proposed within a designated DMD, R or M site shall be permitted only upon satisfying all of the following criteria:

1. The proposed use must not entail substantial structural or capital improvements, such as roads, permanent structural or capital improvements, such as roads, permanent buildings, or non-temporary water and sewer connections;

2. The proposed use must not require any major alteration of the site that would affect drainage or reduce the usable volume of the site, such as extensive site grading/excavation or elevation from fill;

3. The proposed use must not require site changes that would prevent the expeditious conversion of the site to estuarine habitat.

B. Significant Wildlife Habitat. These sites are limited to uses and activities which are consistent with the protection of natural values. Such uses may include harvesting wild crops and low-intensity recreational and educational activities not requiring developed facilities.

C. Riparian Vegetation. Riparian vegetation shall be protected as per Section 17.104.100, and by requiring a site plan showing (as applicable):

4. The details of proposed construction or access and any proposed vegetation removal;

5. The above shall be shown for an area within fifty (50) feet horizontal distance from the line of non-aquatic vegetation.

D. Areas Especially Suited for Water-Dependent Uses (ESWD). Any use proposed for a site designated as ESWD on the special features map must be found to be consistent with comprehensive plan Policy "L."

E. Historic Structures and Sites. The Breuer Building, the Bandon Lighthouse, the Old Coast Guard Building and the Moore Mill Truck Shop are protected by the historic-cultural overlay zone (HC), and all uses shall be consistent with comprehensive plan Policy 2--Historical and Archaeological Preservation.

F. Shorelands Adjacent to Ocean Beaches. The city has adopted a report entitled, “Chronic Coastal Natual Hazards: 2002 Update.” The report was prepared by Dr. John Marra, Principal of Shorelands Solutions consulting. The purpose of the report was to document natural hazards on the Bandon oceanfront and to map zones of relative risk. The findings of the Shoreland Solutions report and the hazard risk zones mapped therein shall be considered in the city’s review of proposed development and land uses within the Coastal Shorelands Overlay Zone along the city’s ocean shore.

17.76.060 Supplemental provisions for estuarine and shoreland uses/activities–pre-application conference.

A. The following provisions shall be applied as applicable to implement Chapter 17.64:

The applicant may request a pre-application conference which will be held within ten (10) days of the request.

B. The purpose of the conference shall be to acquaint the applicant with the substantive and procedural requirements of this title and the comprehensive plan, provide for an exchange of information regarding applicable elements of the comprehensive plan and city ordinances, determine what technical and design assistance will be needed to aid the applicant, identify previously approved development proposals of a similar nature into conformance with necessary state and/or federal permit requirements, indicate what information will be required to review the application, and otherwise identify policies and requirements of this title that create opportunities or pose constraints for the proposed development.

For conditional uses within the shoreland overlay zone, the following agencies shall be notified by mail according to the notice provisions as stated in Section 17.120.090:

1. State Water Resource Department (uses including appropriation for water only),

2. State Department of Geology and Mineral Industries (mining and mineral extraction only),

4. Department of Economic Development (docks, industrial and port facilities andmarinas, only).

In addition to the information listed in Chapter 17.92 and in the underlying zone and in other parts of this title, the following information may be required, as applicable:

B. Description of the types of alteration to occur, if any, including information detailing the extent of the alteration, such as:

C. Effects of the proposed use on physical characteristics of the estuary and the proposed site, such as:

D. Effects of the proposed use on biological characteristics of the estuary and shorelands such as:

4. Primary productivity, resting, feeding and nesting areas for migratory and resident shorebirds, wading birds and other waterfowl,

F. Impacts of the proposed use on navigation and public access to shoreland or estuarine areas;

H. Alternative project designs and/or locations which have been considered in order to minimize preventable adverse impacts;

J.If application has been made to the Corps of Engineers of Oregon Division of State Lands for permit approval, applications for local approval shall include the federal/state permit application and information submitted with that request;

K. A set of findings which demonstrate compliance with the applicable policies, standards, the criteria required by the comprehensive plan and this title;

L. Maps, photographs, or other descriptive materials showing how the siting, design, operation and maintenance chosen by the applicant meets the policies, standards and criteria of the comprehensive plan and this title.

Certain uses in estuarine areas require findings of consistency with the resource capabilities of the area. For uses and activities requiring the resource capabilities test, a special condition is noted in the applicable subdistrict. Other uses either do not require the test or adequate findings are already included in the comprehensive plan. The provisions of this section apply only to those uses and activities for which the resource capabilities test is required as a special condition.

1. Identification of resources existing at the site, including environmental (e.g., aquatic life and habitat present, benthic populations, migration routes) and social and economic factors (navigation channels, public access facilities, areas especially suited for water-dependent use);

3. Determination of whether the resources can continue to achieve the purpose of the management unit if the use is approved.

B. In determining consistency of a proposed use with the resource capabilities of the area, the city shall rely on federal or state resource agencies for regulated activities in estuarine areas. Findings must show that the proposed use is consistent with the permits approved for that area. The city may submit proposed findings to the permit-issuing agency as a part of the local review and comment process. (Amended during 2000 codification)

Uses and activities which involve dredge, fill or other significant reductions or degradations of natural estuarine values are allowed in the respective management units only if such actions are found to be consistent with comprehensive plan Policy "E." For the purpose of this requirement, "significant" shall be determined by:

A. The U.S. Army Corps of Engineers through its Section 10 and 404 permit processes; or

B. The Department of Environmental Quality for approvals of new aquatic log storage areas only; or

C. The Department of Fish and Wildlife for new aquaculture proposals only. (Amended during 2000 codification)

Findings for uses in Sections 17.76.090 and 17.76.100 shall be made according to comprehensive plan Policy "E." Findings need not be lengthy or complex, but it shall provide a clear understanding of the impacts to be expected.

17.76.120 Coordination with Division of State Lands (DSL) state/federal waterway permit reviews.

If the city is notified by DSL that a state or federal permit has been requested for a use or activity which is permitted outright or permitted with standards, the following provisions shall apply:

A. No application to the city is necessary for uses or activities which do not require local approval. Local input shall be provided to permit granting agencies in response to public notice provisions of their application procedures.

B. The fact that a use or activity is permitted, permitted conditionally or not permitted shall be reported to the permit granting agency within three working days of a public notice or other request for such information. The report shall contain a statement of what, if any, standards and conditions must be applied if the permit is granted, and the need, if any, for other local permits for uses associated with the regulated activities. Also, the city may submit proposed findings to the permit agency as a part of the local review and comment process.

The purpose of the Beaches and Dunes Overlay (BDO) Zone is to implement the provisions of the Beaches and Dunes Section of the Coastal Resources Chapter of the City of Bandon Comprehensive Plan and Statewide Planning Goal 18 (Beaches and Dunes).

The BDO Zone is shown on the City of Bandon zoning map and the more detailed supplemental zoning map that defines the BDO Zone boundary.

The BDO Zone is a limited use overlay zone. All uses and activities authorized by the underlying zone are subject to review and approval as outlined in this Chapter. Residential developments and commercial and industrial buildings are prohibited within the BDO Zone.

Other development, not restricted in 17.77.020 above, shall only be allowed if the proposed development:

(a) Is adequately protected from any geologic hazards, wind erosion, undercutting, ocean flooding and storm waves; or is of minimal value; and

(b) Is designed to minimize erosion in beach and dune areas by limiting the destruction of desirable vegetation and the exposure of stable and conditionally stable areas to erosion; and

(d) Is proposed to include 1) temporary and permanent stabilization programs and the planned maintenance of new and existing vegetation; and 2) methods for protecting the surrounding area from any adverse effects of the development; and 3) minimizes to insignificant levels, hazards to life, public and private property, and impacts to the natural environment which may be caused by the proposed use.

The Beaches and dunes Overlay (BDO) Zone is a limited use overlay zone. It identifies the location of existing Statewide Planning Goal 18 development prohibition areas within beach and dune areas. Uses and activities allowed within the underlying zone are limited as indicated in 17.77.030 above.

17.77.050 Amendments to the Beaches and Dunes Overlay (BDO) Zone or BDO Zone Boundaries.

The BDO boundary is based on data and information contained in the City of Bandon Comprehensive Plan. Any changes to the BDO boundary require conformance with the following:

1. Compliance with the policies, background data and map identifying the areas subject to the BDO Zone contained in the City of Bandon Comprehensive plan. Any changes to the BDO Zone, or the boundary, would require a concurrent change to the comprehensive plan map for these areas and compliance with Goal 18..

2. Notice to DOGAMI, OPRD, and DLCD, at least 45 days prior to the first evidentiary hearing.

3. A property specific site evaluation, prepared by a qualified professional with experience with coastal hazards and processes along the Oregon coast. This site evaluation shall include:

1) The history of the site and surrounding areas, including previous riprap or dune grading permits, erosion events, exposed trees, other relevant local knowledge of the site, and topography, including elevations and slopes.

4) Conditions of the seaward front of the property, particularly for sites having a sea cliff or bluff face.

5) Presence of drift logs or other flotsam on or within the property indicating areas of wave overtopping.

6) Description of streams and other drainage that might influence erosion or locally reduce the level of the beach.

7) Proximity of nearby headlands which might impact the longshore movement of beach sediments, thereby affecting the level of the beach in front of the property.

8) Description of any shore protection structures that exist on the property or on nearby properties.

10) Existing development or alterations on the site that alter resistance to wave attack.

4) Elevations above mean sea level of the beach at the seaward edge of the property during summer and winter.

5) Presence of rip currents and rip embayments that can reduce the elevation and width of the fronting beach.

6) Presence of nearby rock outcrops and sea stacks, offshore and within the beach zone.

4) Calculation of wave run-up beyond mean water elevation that might result in erosion of the sea cliff or foredune (see Stockdon, 1996 ).

5) Evaluation of frequency that erosion-inducing processes could occur, considering the most extreme potential conditions of unusually high water levels together with severe storm surge wave energy.

6) For dune-backed shoreline, use established geometric model to assess the potential distance of property erosion, and compare the results with direct evidence obtained during site visit, aerial photo analysis, or analysis of DOGAMI beach monitoring data.

7) For bluff backed shorelines, use a combination of published reports, such as DOGAMI bluff and dune hazard risk zone studies, aerial photo analysis, and field work, to assess the potential distance of property erosion.

8) Description of potential for sea level rise, estimated for local area by combining local tectonic subsidence or uplift with global rates of predicted sea level rise.

9) Evaluation of the site based on the 2002 and 2009 data and analyses prepared by Shorelands Solutions and Millennium Consulting which established specific hazard zones for beach and dune areas along the Bandon coastline and further identified the primary dune in the south jetty area..

1) Determine legal restrictions for shoreline protective structures (e.g. Goal 18 prohibition, local conditional use requirements, priority for non-structural erosion control methods). Assess potential consequences of erosion events, including the need for future erosion control measures, building relocation, or building foundation and utility repairs.

2) Determine Goal 18 development prohibition areas for residential and commercial/industrial structures (i.e. beaches, active foredunes, other foredunes which are conditionally stable and that are subject to ocean undercutting or wave overtopping, and on interdune areas ( deflation plains) that are subject to ocean flooding. Other development in these areas is permitted only if the findings required in (3) below are presented and where the proposed development (a) Is adequately protected from any geologic hazards, wind erosion, undercutting, ocean flooding and storm waves; or is of minimal value; and (b) Is designed to minimize adverse environmental effects.

3) Findings shall address potential adverse effects on the site and adjacent areas; (b) Temporary and permanent stabilization programs and the planned maintenance of new and existing vegetation; (c) Methods for protecting the surrounding area from any adverse effects; and (d) Hazards to life, public and private property, and the natural environment which may be caused by the proposed use.

Shorelands Mgmt Unit No.

Plan Designation Uses

ESWD

OTC

Aquaculture

Water-dependent

Water-related

CU*

Not dependent or related

Water oriented

Water-dependent

Water-related

CU*

Not dependent or related

Log Storage

Marinas (shore facilities)

Water-dependent

Water-related

CU*

Not dependent or related

Residential

CU6

Utilities

CU*

Parks and Sanctuary

Harvest Wild Crops

Shorelands Mgmt Unit No.

Plan Designation Uses

ESWD

OTC

Pub. Use Structure including Recreational

CU*

Historical Struc. including Rehab.

CU*

Active

Passive

Fill

Land Division

Mitigation

Structural

CU4

Nonstructural

PF	Public Facilities	P	Permitted
CD	Controlled Development	CU	Conditional Use
MC	Marine Commercial	NP	Not Permitted
UR	Urban Residential	*	Must be in conjunction with a water-dependent use
OTC	Old Town Commercial
OS	Open Space
I	Industrial
NR	Natural Resource

3. Dredged material disposal (DMD) must include stabilization measures to control runoff and prevent sloughing

6. See Bandon comprehensive plan, Part V, Land Use Classifications, Public andEnvironmental Areas, Natural Resource Areas

✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥✥

AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN TO INCLUDE REVISED COASTAL RESOURCE POLICIES WHICH ARE IN CONFORMANCE GOAL 18 REQUIREMENTS.

WHEREAS, the Comprehensive Plan is the document which ensures the City’s conformance with the Statewide Planning Goals in the City of Bandon, and

WHEREAS, the City of Bandon recognizes that the City benefits from its coastal shoreline, and

WHEREAS, the City needs to regulate land use action in beaches and dune areas to minimize erosion, protect coastal resources, and meet the requirements of Goal 18 protection of these resources, and

WHEREAS, the Planning Commission has reviewed the proposed amendments and recommended approval to the City Council after properly noticed public hearings, and

WHEREAS, the City Council has determined that the proposed amendments are in compliance with state and local requirements.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Bandon that the City of Bandon Comprehensive Plan is hereby amended as, contained in Exhibit A, said amendments are supported by the Findings of Fact contained in Exhibit B.

ADOPTED by the City Council of the City of Bandon this day of , 2010 on a roll call vote, .

Goals 16 Estuarine Resources, 17 Coastal Shorelands, 18 Beaches and Dunes, and 19 Ocean Resources

The ocean beaches and the Coquille River estuary has given Bandon its distinct character. It is the only city in Coos County which is on the ocean and it contains most of the privately owned ocean view property in the county. The visual experience of the ocean and sea stacks from a number of points within the City provides a significant scenic backdrop enhancing the city’s economic vitality and important tourism role. The physical setting, the biological balance, the economy, the social life and the weather are dominated by the presence of the key features.

The abundance of scenic and recreational resources in and around Bandon brings many opportunities. It also brings many challenges, for despite its rugged appearance, Oregon's coast is a fragile place with many challenges and hazards. Only if we use its land and resources wisely will the coast retain its beauty and abundance while minimizing risks. To help us do that, the state of Oregon, local governments such as the city of Bandon, and federal agencies in the 1970's together developed a strong program for coastal management. The heart of that program is four statewide planning goals for managing coastal resources (i.e. estuaries; coastal shorelands; beaches and dunes; and, ocean resources). This Coastal Resources section integrates requirements from these important coastal goals into the City of Bandon Comprehensive Plan and provide specific policies to implement them.

The City of Bandon shall recognize and protect the unique environmental, economic and social values of the Coquille Estuary and its associated wetlands.

The City shall also strive to protect, maintain and where appropriate, develop or restore the long term environmental, economic and social values, diversity, and benefits of the Coquille Estuary.

The City of Bandon Comprehensive Plan provides and shall continue to provide for appropriate uses (including preservation) with as much diversity as is consistent with the overall Oregon Estuary Classification (O.A.R. 660-17-000), as well as with the biological, economic, recreational and aesthetic benefits of the estuary.

The Plan protects and shall continue to protect the estuarine ecosystem, including its natural biological productivity, habitat, diversity, unique features and water quality.

The City shall officially recognize the Coquille River Estuary as a Shallow Draft Development Estuary , consistent with the overall Oregon Estuary Classification. Further, the Plan’s allowed uses and activities are, and must remain, consistent with the shallow-draft development designation and the estuarine management unit requirements of Goal #16.

This Policy recognizes that the Land Conservation and Development Commission (LCDC) and the Statewide Planning Goals Statewide Planning Goals limit the maximum allowable development of Oregon estuaries.

In the Coquille River Estuary, areas shall be designated as Natural Estuarine Management Units to assure the protection of significant fish and wildlife habitats, of continued biological productivity within the estuary, and of scientific, research, and educational needs. These shall be managed to preserve the natural resources in recognition of dynamic, natural, geological, and evolutionary processes. Natural Estuarine Management Units shall include, at a minimum, all major tracts of salt marsh, tideflats, and sea grass and algae beds.

In the Coquille River estuary, areas shall be designated as Conservation Estuarine Management Units for long-term uses of renewable resources that do not require major alteration of the estuary, except for the purpose of restoration. These areas shall be managed to conserve the natural resources and benefits. These shall include areas needed for maintenance and enhancement of biological productivity, recreational and aesthetic uses, and aquaculture. They shall include tracts of significant habitat smaller or of less biological importance than those in the Natural Estuarine Management Units, and recreational or commercial oyster and clam beds not included in the Natural Estuarine Management Units. Areas that are partially altered and adjacent to existing development of moderate intensity which do not possess the resource characteristics of natural or development units shall also be included in this classification.

In the Coquille River estuary, Development Estuarine Management Units shall be designated to provide for navigation and other identified needs for public, commercial, and industrial water-dependent uses, consistent with the level of development of alteration allowed by the overall Oregon Estuary Classification. Such areas shall include deep-water areas adjacent or in proximity to the shoreline, navigation channels, sub-tidal areas for in-water disposal of dredged material and areas of minimal biological significance needed for uses requiring alteration of the estuary not included in Natural or Conservation Estuarine Management Units.

In designating uses for these areas, the City shall consider the potential for using upland sites to reduce or limit the commitment of the estuarine surface area for surface uses.

The City concludes that all proposed actions (approved in this Plan) which would alter or potentially alter the integrity or the estuarine ecosystem have been based upon a full consideration of the impacts of the proposed alteration and a demonstration of the public’s need and gain which warrant such modification or loss, except for uses and activities which require the resource capability consistency test as a condition within a particular management unit.

For uses and activities requiring the resource capabilities test, a clear presentation of the impacts of the proposed alteration shall be required. The impact assessment shall include:

3. The expected extent of impacts of the proposed alteration of water quality and other physical characteristics of the estuary, living resources, recreational and aesthetic use, navigation and other existing and potential uses of the estuary; and

The City shall support dredge, fill or other reduction or degradation of estuarine values only if such activities are allowed in the respective Management Unit and:

1. If required for navigation or other water-dependent uses that require an estuarine location or if specifically allowed by the applicable management unit requirements of this goal; and,

2. If a need (i.e., a substantial public benefit) is demonstrated and the use or alteration does not unreasonably interfere with public trust rights; and

This Policy shall be implemented by the preparation of findings by the City documenting that such proposed actions are consistent with the Comprehensive Plan, and with the criteria listed above.

This Policy recognizes that Goal #16 limits dredge, fill and other estuarine degradation in order to protect the integrity of the estuary.

The City shall support as consistent with this Plan (without taking Exceptions to the Statewide Planning Goals Statewide Planning Goals) temporary dredge, fill or other structure or alteration to the estuary, to major freshwater marshes, or to shorelands identified as significant wildlife habitat when such temporary actions would not otherwise be allowed by the Plan. Such actions shall be limited to alterations in support of uses permitted by Goal #16 and providing that:

2. The short-term damage to the resource is consistent with the resource capabilities of the area; and

This Policy is based on the recognition that temporary estuarine fill and habitat alterations are frequently legitimate actions when in conjunction with jetty repair and other important economic activities. It is not uncommon for projects to need staging areas and access that require temporary alteration to habitat that is otherwise protected by this Plan.

When dredge or fill activities are permitted in intertidal or tidal marsh areas, their effects shall be mitigated by creation, restoration or enhancement of another area to ensure that the integrity of the estuarine ecosystem is maintained. Designated mitigation sites identified in the Plan shall be protected.

The City shall prefer non-structural solutions to problems of erosion and flooding in the Coquille Estuary to structural solutions. Where shown to be necessary and consistent with policy, water and erosion control structures such as jetties, bulkheads, seawalls and similar protective, structures and fill shall be designed to minimize adverse impacts on water currents, erosion and accretion patterns.

Further, where listed as an allowable activity within the respective Management Unit, riprap shall only be allowed in Development Estuarine Management Units upon finding that:

1. land use management practices and non-structural solutions are inadequate; and

2. adverse impacts on water currents, erosion and accretion patterns are minimized; and

3. it is consistent with the Development Management Unit objectives of LCDC Goal #16, Estuarine Resources.

Further, where listed as an allowable activity within the respective Management Unit, riprap shall only be allowed in Conservation Estuarine Management Units upon finding that:

1. land use management practices and non-structural solutions are inadequate; and

2. adverse impacts on water currents, erosion and accretion patterns are minimized; and

3. riprap is consistent with the resource capabilities of the area and the purposes of maintaining Conservation Management Units.

Further, where listed as an allowable activity within the respective Management Unit, riprap shall only be allowed in Natural Estuarine Management Units upon finding that:

1. there is a need to protect from erosion: uses existing as of October 7, 1977, unique natural resources and historic archaeological values, or public facilities;

2. land use management practices and non-structural solutions are inadequate; and

3. it is consistent with the Natural Management Unit as set forth in this Plan and required by Goal #16; and

4. adverse impacts on water currents, erosion and accretion patterns and estuarine organisms and their habitat are minimized.

The City shall restrict the proliferation of single purpose docks and piers by encouraging community facilities common to several uses and interests. The size shall be limited to that required for the intended use.

This Policy recognizes the requirements of Goal #16 and the environmental benefits of multi-purpose and multi-ownership docks and moorage facilities.

The City shall recognize the authority of the following agencies and their programs for managing land and water resources:

1. the non-point discharge water quality program administered by the Department of Environmental Quality under Section 208 of the Federal Water Quality Act as amended in 1972 (PL 92-500); and

2. the Fill and Removal Permit Program administered by the Department of State Lands under ORS 196.800-196-910; and

3. the programs of the State Soil and Water Conservation Commission and local districts.

This Policy recognizes that there are several agencies with authority over coastal waters, and that their management programs should be used rather than developing new or duplicatory management techniques or controls, especially as related to existing programs functioning to maintain water quality and minimize man-induced sedimentation.

The City shall support estuarine dredge or fill actions as estuarine restoration when appropriate in areas where activities have adversely affected some aspect of the estuarine system and where such restoration would contribute to the objectives of Goal #16.

This Policy recognizes that not all estuarine dredge or fill actions may be considered estuarine restoration pursuant to LCDC Statewide Planning Goals Statewide Planning Goals.

Flow-lane disposal of dredged materials shall be allowed Management Unit #1 in the deep draft navigational channel adjacent to the boat basin provided that such disposal is monitored to assure that estuarine sedimentation is consistent with the purposes of the affected Natural and Conservation Estuarine Management Units and that all necessary local, state and federal permits have been obtained and their requirements satisfied.

A copy of the results of monitoring, if required by the permitting agencies, will be sent to the city and may satisfy the above monitoring requirement.

The City shall strive to conserve, protect and, where appropriate, develop or restore the resources and benefits of the coastal shorelands within its jurisdiction, recognizing their value for the protection and maintenance of water quality, fish and wildlife habitat, water-dependent uses, economic resources, recreation and aesthetics.

The City shall also manage these coastal shorelands in a way that is compatible with the characteristics on the adjacent estuary.

The City shall also strive to reduce the hazard to human life and property, and the adverse effects upon water quality and fish and wildlife habitat resulting from the use and enjoyment on the Coastal Shorelands of the Coquille Estuary.

The Plan and related implementing actions and permit reviews shall consider the critical relationships between shorelands and estuarine resources, and the geologic hazards associated with shorelands. The City shall, within the limit of its authority, maintain the diverse environmental, economic and social values of coastal shorelands, and maintain estuarine water quality, which shall include minimizing man induced sedimentation.

Bandon’s estuarine beaches shall be protected for uses necessary to support water-dependent and water-related activities where appropriate and for conservation activities where appropriate.

The City shall manage urban and urbanizable shorelands which are especially suited for water-dependent (ESWD) uses so as to protect these important areas for water-dependent (ESWD) commercial, recreational and industrial uses.

This Policy is implemented through appropriate land use designations in this Plan which provide for water-dependent uses within areas that are especially suited for such uses.

This Policy is based upon recognition that ESWD areas are given priority consideration because of their unique attributes, which include:

1. deep water close to shore with supporting land transport facilities suitable for ship and barge facilities;

3. protected areas subject to scour which would require little dredging for use as marinas; and

4. potential for recreational utilization of coastal water or riparian resources.

Unless otherwise allowed through an Exception, the City shall allow new non-water-dependent uses in Management Units which are especially suited for water-dependent uses (ESWD) only if it is established prior to permitting such uses that:

2. the proposed use would not preempt the ultimate use of the property for water-dependent development;

3. no immediate and economically viable demand exists to enable use of the site for water-dependent development;

4. the site is committed to long term water-dependent use or development by the landowner.

This Policy shall be implemented through provisions in ordinance measures that require the above findings made prior to approval of proposed activities.

This Policy, is based on the recognition that sites which are Especially Suited for Water-dependent uses must be protected for such, but that temporarily allowing non peremptory, non water dependent uses is not inconsistent with that overriding objective.

Policy O, Protection of Major Marshes and Significant Wildlife habitats in Coastal Shore lands:

The City shall protect major marshes and significant wildlife habitat located within the Coquille River Coastal Shorelands Boundary. Uses in these areas shall be consistent with the area’s natural values.

This Policy recognizes that special protective consideration must be given to key resources in coastal shorelands over and above the protection afforded such resources elsewhere in this Plan.

The City shall protect identified dredged material disposal sites from new uses and activities which would prevent their ultimate use for dredged material disposal.

Plan reflect the following key environmental considerations required by LCDC Goals:

1. Disposal of dredged material in upland or ocean waters or Via proper use of flow lane disposal was given general preference in the overall site selection process;

2. Disposal of dredged material in estuary water is permitted in this Plan only when such disposal is consistent with state and federal law.

The City shall prohibit dredged material disposal in intertidal or tidal marsh areas except where such disposal is part of an approved fill project.

This Policy shall be implemented through operation of the waterway permit process as a response to a request for comment from the Division of State Lands.

This strategy recognizes that upland disposal, flow-lane disposal, and ocean disposal are alternatives to intertidal disposal.

The City shall determine whether there are any existing, developed commercial/industrial waterfront areas which are suitable for redevelopment which are not designated as especially suited for water-dependent uses. Plans shall be prepared for these areas which allow for a mix of water-dependent, water-related, and water oriented nondependent uses and shall provide for public access to the shoreline.

The City in coordination with the Parks and Recreation Division shall develop and implement a program to provide increased public access. Existing public ownerships, rights of way, and similar public easements in coastal shorelands which provide access to or along coastal waters shall be retained or replaced if sold, exchanged or transferred. Rights of way may be vacated to permit redevelopment of shoreland areas provided public access across the affected site is retained.

The city has adopted a report entitled, “Chronic Coastal Natual Hazards: 2002 Update.” The report was prepared by Dr. John Marra, Principal of Shorelands Solutions consulting. The purpose of the report was to document natural hazards on the Bandon oceanfront and to map zones of relative risk. The findings of the Shoreland Solutions report and the hazard risk zones mapped therein shall be used in the city’s review of proposed development and land uses within the Coastal Shorelands Overlay Zone.

The City shall strive to conserve; protect, and, where appropriate, develop and restore the resources and benefits of ocean beaches and dunes.

The City shall also strive to reduce the hazard to human life and property from natural or man-induced actions associated with these areas.

The Plan and related implementing actions shall provide for diverse and appropriate use of beach and dune areas consistent with their ecological, recreational, aesthetic, water resource and economic values, and consistent with the natural limitations of beaches, dunes and dune vegetation for development. In addition, where dunes provide protection to inland areas from ocean or river flooding, they shall also be protected.

Coastal areas subject to this section, consistent with Statewide Planning Goal 18, shall include beaches, active dune forms, recently stabilized dune forms, older stabilized dune forms and interdune areas, such as deflation plains.

OPRD Jurisdiction within Beaches and Dune Areas Beaches and Dunes.

Bandon’s western city limits extend to the line 16 feet above sea level which is described as the statutory vegetation line (svl) in O.R.S. 390.770. Oregon Parks and Recreation Department (OPRD) has jurisdiction over ocean shore activities and alterations westerly of the svl or westerly of the actual line of vegetation, whichever is more landward.

The City shall prohibit residential development(s) and commercial and industrial buildings on beaches, active foredunes, on other foredunes which are conditionally stable and that are subject to ocean undercutting or wave overtopping, and on interdune areas (deflation plains) that are subject to ocean flooding.

1. The areas subject to these restrictions have been identified by two detailed analyses: The Millennium Consulting report (May 2009) and the Shorelands Solutions Report (October 2002). These reports are incorporated into the City of Bandon Comprehensive Plan by this reference.

2. Other development in areas subject to this policy: The city shall only authorize other development in these areas if an application addresses Policy V below and the proposed development: a) Is adequately protected from any geologic hazards, wind erosion, undercutting, ocean flooding and storm waves; or is of minimal value; and (b) Is designed to minimize adverse environmental effects.

3. The city implements Policy U, V, and W with the Beaches and Dunes Overlay (BDO) Zone.

The Shoreland Solutions analysis indicates a high potential for wave overtopping and flooding of the triangular-shaped, low lying area south of the Bandon Jetty. The study also compares the results of this analysis with FEMA FIRM maps for the Bandon Jetty area. This analysis concludes that “...the forecasted 100 year V-Zone elevations given in the FIRMs should not be regarded as precise values attached to specific locations.”. One of the most significant findings in the Shoreland Solutions study is that the calculated 100 year flood event for the analysis is 4 feet higher than the projected FEMA projected maxima event. Additionally, findings related to dune retreat in high and moderate risk events is critical. A moderate risk dune retreat in the Bandon Jetty area is up to 150 feet, while a high risk dune retreat scenario would be as high as approximately 210 feet. Most importantly, the Shoreland Solutions analysis provides “hazard zones” for the Bandon coastline which identify dune areas subject to wave overtopping and undercutting and areas subject to ocean flooding. These are reflected in the high and moderate hazard zones. The city shall not authorize residential, commercial or industrial development within the high or moderate risk area identified. This hazard area is mapped as the Beaches and Dunes Overlay (BDO) Zone within the City’s Municipal Code and Zoning Ordinance.

The Millennium report confirms the findings in the Shoreland Solutions report within the Bandon jetty area and concludes that the primary foredune at the Breakwater Addition is subject to wave overtopping and undercutting. The Millennium study has mapped the extent of the foredune and describes cross sections of the feature along seven transects. The report provides evidence of this foredune's vulnerability to storm surges, including observations of a healed erosion scarp at 18 to 20 ft. above msl on the beach side and woody debris on the landward side of the foredune that was deposited during past overwash events.

In order to implement this policy the City of Bandon adopts the attached map (i.e. Map XX) identifying areas that are subject to the Beach and Dune Overlay (BDO) Zone implementing Goal 18 requirements. Changes to boundaries of BDO Zone regulated areas or substantive provisions outlined in the City of Bandon BDO Zone require concurrent amendments to Map XX; consistency with applicable comprehensive plan policies; and, compliance with the provisions of Statewide Planning Goal 18 (Beaches and Dunes).

The City shall base decisions on plans, ordinances and land use actions in beach and dune areas that are subject to Statewide Planning Goal 18, other than older stabilized dunes, on specific findings that shall include at least:

1. The type of use proposed and the adverse effects it might have on the site and adjacent areas;

2. Temporary and permanent stabilization programs and the planned maintenance of new and existing vegetation; (c) Methods for protecting the surrounding area from any adverse effects of the development; and (d) Hazards to life, public and private property, and the natural environment which may be caused by the proposed use.

The City shall regulate actions in beach and dune areas to minimize the resulting erosion. Such actions include, but are not limited to, the destruction of desirable vegetation (including inadvertent destruction by moisture loss or root damage), the exposure of stable and conditionally stable areas to erosion, and construction of shore structures which modify current or wave patterns leading to beach erosion.

Permits for beachfront protective structures shall be issued only where development existed on January 1, 1977. The city has an inventory of parcels eligible for beach front protective structures. For the purposes of this requirement "development" means houses, commercial and industrial buildings, and vacant subdivision lots which are physically improved through construction of streets and provision of utilities to the lot and includes areas where an exception to (2) above has been approved. The criteria for review of all shore and beachfront protective structures shall provide that:

Foredunes shall be breached only to replenish sand supply in interdune areas, or on a temporary basis in an emergency (e.g., maritime salvage and rescue operations, fire control, cleaning up oil spills, draining farm lands, and alleviating flood hazards), and only if the breaching and restoration after breaching is consistent with sound principles of conservation.

This section of the City of Bandon Comprehensive Plan includes the majority of provisions associated with beaches and dune areas consistent with Statewide Planning Goal 18. If there is any conflicting language in other portions of the comprehensive plan, the provisions in this section prevail.

1. enhance the special character and appeal of the jetty as a unique community on the Oregon Coast by ensuring that future developments on the jetty will be consistent with its present character;

2. achieve balanced use of the jetty and to enhance its character by controlling residential and commercial development and taking into consideration the -natural resources of the area.

2. The City recognizes the important influence the ocean has on the economic, social, and environmental characteristics of Bandon, and will cooperate with all jurisdictions to maintain the quality of ocean resources.

1. Actions which would affect the nearshore ocean shall be based upon a sound understanding of the resources and potential impacts.

2. The City will coordinate with federal, state, and local agencies to ensure that actions avoid or minimize impacts of the nearshore ocean.