SEPTEMBER 11, 2015 • VOL. 39, ISSUE 19 WWW.CANNONBEACHGAZETTE.COM COMPLIMENTARY COPY WHAT TO DO ABOUT THE DUNES Breakers Point dune grading gets a nod By Dani Palmer Cannon Beach Gazette TREE CITY USA R.J. MARX PHOTO/CANNON BEACH GAZETTE Trees fill the city, like this reaching to the sky at Spruce and Harrison streets. City celebrates tree designation at community potluck By Dani Palmer Cannon Beach Gazette C PAID PERMIT NO. 97 ASTORIA, OR PRSRT STD US POSTAGE annon Beach is well-known for be- ing dog-friendly, but it also wants to be known as tree-friendly. The city applied for a Tree City USA designa- tion, expected to be awarded next spring. Tree City USA status is shared by 3,400 communities throughout the coun- try and represents a commitment to core standards of urban forestry management, maintaining a tree board, a community tree ordinance and a $2 per capita com- mitment from residents. The designa- tion was celebrated Thursday, Sept. 3 at the city’s community potluck and grant awards, when an Arbor Day proclama- tion was read. Friends of Cannon Beach Trees ap- proached City Manager Brant Kucera about the designation earlier this year, and after reviewing the criteria, he said he real- ized Cannon Beach met each requirement except the Arbor Day proclamation and observance. The city already has a street tree committee, a tree care ordinance and budgets $5,000 annually for street tree care. Friends of Cannon Beach Trees mem- ber Jan Siebert-Wahrmund said the city’s Public Works Department, especially Kirk Anderson who oversees lawn work, does “a wonderful job” taking care of trees. The Friends of Cannon Beach and other volunteers will be contributing to that care. “I think there’s a certain amount of es- teem that comes with this designation, number one, but also it truly shows you’re putting something concrete behind urban forest health,” Kucera said. Last month, the City Council agreed to incorporate observation into the city’s 12 Days of Earth. Siebert-Wahrmund said the decision to JRIRU7UHH&LW\86$GHVLJQDWLRQVROLGL¿HV the community’s “conscious commitment to care for our trees.” See Tree, Page 11A DAN HAAG/FOR CANNON BEACH GAZETTE Trees and ferns beckon along the new pedestrian-only trail in the Ecola Creek For- est Reserve. The winding trail offers great views of the North Fork of Ecola Creek and is an easy-to-moderate walk from the gated access at Elk Creek Road. For tree-related com- mentary, see Cannon Shots, p. 4 The Cannon Beach Plan- ning Commission approved a controversial application to grade dunes at Break- ers Point Thursday, Aug. 27. In a 4-1 vote, planning commissioners granted Breakers Point permission to grade 13,700 cubic yards of sand west of the devel- opment, with the condition homeowners would not seek permission for further JUDGLQJXQWLOWKHFLW\¿QLVK- es a sand management plan. The grading will take place south of West Fifth Street and north of Ecola Creek, with graded materi- al deposited onto the mid- dle and upper beach area to the west. The plan represented a drastically scaled-down re- vision from the 73,400-cu- bic-yard dune grading re- R.J. MARX PHOTO The Breakers in Cannon Beach. jected by the city earlier this year. Views, habitat at issue Roughly 75,000 cubic yards of sand have accumu- lated in the Breakers Point area over 15 years, according to geologist Tom Horning, See Grading, Page 11A Ordinance will wait for dune grading study a smaller, 13,700-cubic-yard Breakers Point plan during its Aug. 27 meeting. As a condi- The Cannon Beach City tion, future dune grading per- Council voted Tuesday, Sept. mit applications will not be 1 to draft a new ordinance pro- considered until the city sand hibiting dune grading while plan is ready to go. the city’s sand management Because Breakers Point plan update is in development. Homeowners Association “I think it’s imperative representatives failed to abide we hold off on accepting any by a “gentleman’s request” other dune grading permit ap- for a similar delay earlier this plications until we’ve had an year, council members asked opportunity to complete our for the agreement to be put in dune grading study,” Council- writing. RU 0LNH %HQH¿HOG VDLG DGG- During the council meet- ing the city should have more ing, Bill Kabeiseman, the VXI¿FLHQW GDWD VR LW HQVXUHV city’s land use attorney, said there isn’t any harm done in a moratorium is “fraught with the littoral cell. uncertainty” in land use cases. It could take up to 60 days The council rejected one on to implement the ordinance, dune grading in May. City Planner Mark Barnes “An ordinance is probably said, estimating a time frame the best way to go even if, in of roughly 18 months for 18 months, we turn around adoption of the new sand man- and revise that ordinance to agement plan. UHÀHFWZKDWHYHUZHOHDUQIURP A request to prohibit all the consultant study,” Bene- dune grading projects in the ¿HOGVDLG PHDQWLPH ZDV ¿UVW PDGH LQ The ordinance would not 2014, when the Breakers Point affect the Breakers Point Homeowners Association Homeowners Association’s proposed an unprecedented recent dune grading approv- 73,400-cubic-yard dune grad- al or small projects admin- ing project. istratively approved. Those, The Oregon Coast Alliance Barnes noted, are done for made the 2014 request and public access purposes rath- in July again asked Breakers er than for views as Break- Point to wait until the city plan ers Point and the presidential ZDV¿QLVKHG streets’ were. The Cannon Beach Plan- ning Commission approved See Ordinance, Page 11A By Dani Palmer Cannon Beach Gazette Al fresco dining area leads to neighbor clash process and is violating the city’s noise ordinance. The Cannon Beach Wayfarer Restaurant’s 0XQLFLSDO &RGH FODVVL¿HV new outdoor patio is crowd- family dwellings as “noise ed with diners despite a sensitive” areas and Sears Cannon Beach order to stop said he was able to demon- serving outside. Cannon VWUDWH WR FLW\ RI¿FLDOV ZLWK Beach City Planner Mark a sound-level meter that Barnes sent a letter revok- the Wayfarer exceeds those ing the Wayfarer’s outdoor limits. Martin Hospitality Pres- dining approval on July 2, informing the restaurant that ident Ryan Snyder said the it “should not seat diners on Wayfarer did receive ap- proval through the proper the lower porch area.” In subsequent letters, of- channels — city code al- ¿FLDOVOHYLHGDSHUGD\ ORZLQJPLQRUPRGL¿FDWLRQV ¿QHRQWKHUHVWDXUDQW\HWWR without Design Review Board approval — and will be collected. Neighboring proper- not stop using the new pa- ty owner Nick Sears said tio. Snyder said they’re mov- the restaurant continues to operate despite the city’s ing forward with initial order, failed to go through approval — even with the the Design Review Board WKUHDW RI ¿QHV ² EHFDXVH By Dani Palmer Cannon Beach Gazette the company has invested tens of thousands in outdoor patio upgrades. Sears said he understands the restaurant owners’ frus- tration after investing the money on patio improve- ments. Nevertheless, he said the Wayfarer is vio- lating municipal code and “completely disregarding my property rights.” The letters The city’s letter to Martin Hospitality cited two factors for revocation of the out- door patio license: the city’s failure to review the propos- al against screening require- ments and Martin Hospitali- ty’s failure to implement the plans as approved. See Wayfarer, Page 7A SUBMITTED PHOTO A view of the Wayfarer Restaurant and Lounge’s new patio from neighboring property owner Nick Sears’ duplex.