City of Yachats Comprehensive Land Use Plan

Yachats Zone Map

Adopted: March 25, 1980; Revised June 1990 by Ordinance #137; As Amended September 11, 1997 by Ordinance # 197 -Village Circulation Plan; As Amended March 12, 1998 by Ordinance # 202 - Village Circulation Plan, (This Ordinance repealed Ordinance # 197); As Amended December 27, 2000 by Ordinance #218 - Goal 17 Exception, As Amended November 14, 2002 by Ordinance # 232 Repealing Goal 17 Exception (This Ordinance repealed Ordinance # 218)

 

I. Introduction

A. Purpose

B. Background

II. Planning Objectives

III. Planning Policies

A. Protection of Natural Resources

B. Protection of Estuarine Resources

C. Protection of Shoreland Resources

D. Conservation of Energy

E. Protection from Natural Hazards and Disasters

F. Providing Recreation Opportunities

G. Control of Urban Growth

H. Provide for Economic Growth

I. Provide Adequate Public Services

J. Meeting Housing Needs

K. Citizen Involvement and Land use Planning

L. Beaches and Dunes

M. Village Circulation Plan & Implementation Strategy

IV. Plan Maps

V. Definitions

 


I. Introduction

 

A. Purpose

In 1973 the State Legislature passed Senate Bill 100 (ORS 197) which established certain statewide requirements for land use planning. In particular, each city and county in the state is required, under the statute, to prepare and adopt comprehensive plans consistent with the statewide planning goals approved by the Land Conservation and Development Commission. In response to this law, the city of Yachats has prepared this plan.

The city’s comprehensive plan is intended to not only address statewide planning goals, but to also take into account local land use planning needs and issues. The plan, once adopted, will serve as a guide to land use within and immediately adjacent to Yachats. It establishes policies and land use designations (maps) which will be implemented throughout the city’s zoning and subdivision ordinances.

This statement provides principles which serve as a foundation for the City of Yachats Comprehensive Land Use plan, Zoning Ordinance and Inventory.

Land use policies procedures and applications shall complement the natural beauty of our location and its environment, which has led to Yachats’ long standing reputation as "The Gem of the Oregon Coast."

Land use policies, procedures and applications shall acknowledge certain economic characteristics of the city, namely, that retirement and tourism are major industries. Non-polluting commercial, professional and home businesses constitute part of the economy also.

The construction and maintenance of public, commercial, professional and residential buildings, their siting, design materials and landscaping, within reasonable variation, shall enhance rather than detract from the quiet coastal ambiance of the city as noted above.

The powers granted by the city through its charter shall be guided constructively by these principles. These principles shall guide the deliberations, interpretations, and judgments of the council, the Commissions, city agents and employees. Language in the ordinance which delineates general governing responsibility in terms such as "public interest, health, morals, safety, comfort, convenience and welfare" shall be construed in the context of these principles.

 

B. Background

In January 1976 the City of Yachats Planning Commission began work on developing a comprehensive plan for consideration by the City Council. Statewide planning requirements were studied, a community survey was conducted and town meetings were held to determine what the comprehensive plan should address. Between June 1976 and March 1977 existing land use, natural and economic resources and public services and facilities were inventoried. Based on identified planning needs and the inventory information, the Planning Commission suggested three alternative plans. These plans were posted for review by the Citizens of Yachats, state and county representatives and the Yachats Planning Commission. As a result, the Yachats Planning Commission prepared its Phase IV - Proposed Plan, Revised as of November 17, 1977, and submitted it to the Yachats City Council on December 8, 1977. A minority report by four members of the Yachats Planning Commission and a citizen petition to retain the 1972 zoning plans was also received on December 8, 1977. On December 15, 1977 the Yachats City Council considered the three documents and prepared its own plan for consideration by the public. After presentation of the City Council’s proposed plan on January 25, 1978, many open public meetings were held to afford citizens the opportunity to provide information they believed to be pertinent to its many provisions. Many suggestions were made, all of which were given consideration by the city council. The most controversial provision of the plan was that dealing with the zoning of property. Because of this, the City Council sent an information request dated July 21, 1978 to all property owners. This request provided a brief explanation of the various property zones; provided information to each property owner as to how his property is currently zoned ; and provided the owner an opportunity to request a change if he was not satisfied with his current zone classification.

As a result of these years of hard work, the Yachats City Council adopted a Comprehensive Plan on October 19, 1978, and submitted it to the Land Conservation and Development commission for acknowledgment. After several months of correspondence and meetings with LCDC members and staff, LCDC granted the city a planning extension until April, 1980, to " complete work" on the plan. The City Council, again, scheduled and carried out a series of public hearings in order to bring the plan into compliance with the thirteen remaining goals. On March 24, 1980, the City Council held its final public hearing and adopted this plan.

A complete description of the process which the city followed in developing this comprehensive plan is provided in supporting document titled " The Planning Process - January 1976 - April, 1978". A supporting document titled "Phase II - Inventory Information" contains all the inventory data which was collected by the city. These comments will be available at the City Office and the library. Additionally, the minutes of all meetings related to this plan, the minority report, various citizen petitions, and information related to the property zoning request of July 21, 1978 are also available at the City Office.

 


II. Planning Objectives

In preparing and adopting a comprehensive land use plan, the city is trying to achieve the following objectives.

1. Preserve the livability of the Yachats area.

2. Maintain the quality of air, water and land resources.

3. Preserve the existing character of the area’s natural, scenic and historic resources.

4. Preserve open space.

5. Cooperate with appropriate government officials in the development of biological, aesthetic, recreational, and economic values and benefits of the Yachats Estuary, subject to the availability of local funds and the individual commitment of local citizens.

6. Cooperate with government officials in the protection of biological, aesthetic, recreational, and economic values and benefits of shorelands under public control, subject to the availability of local funds and local citizen involvement.

7. Reduce the hazards to human life and property and adverse effects upon water quality and fish and wildlife habitat resulting from the use of the shorelands.

8. Protect life and property from natural disasters and hazards.

9. Conserve energy.

10. Encourage the development of diverse recreation opportunities to meet needs which have been identified.

11. Conserve natural resources by encouraging orderly development of land.

12. Encourage cluster location of tax-supported facilities and services for the benefit of all.

13. Maintain or enhance the economic stability without diminishing the livability of the area.

14. Provide adequate and suitable areas for economic growth.

15. Provide adequate public facilities and services where feasible, economical, and where funds are assured.

16. Provide sufficient, suitable land in the urban area to meet existing and projected housing needs and allow for flexibility in housing type, location and density.

Adoption of the policy statements and plan maps included herein will help the City of Yachats to reach the above objectives. This will be possible by using the policies and maps to guide future decisions pertaining to land use in the city.

 


III. Planning Policies

The following policies are based on inventory information collected by the Yachats Planning Commission. They address planning needs and issues which were identified in community questionnaires, town meetings, and work sessions. The value of the two questionnaires used for the November 17, 1977 Proposed Plan were challenged by a large percentage of the Yachats Planning commission members. They contended that signatures were not required on the first questionnaires, making it possible for them to be completed by persons not having the right to influence the plan. The second questionnaires were not accompanied with adequate information for citizens to offer full responsive input; and, all members of the Commission were not privileged to review and discuss the adequacy of the questionnaires before they were submitted to the public. Additionally, work sessions were conducted by the City Council to consider the minority report, various petitions and added Citizen input. Since the City Council felt the results of the first two questionnaires were inconclusive regarding the controversial zoning issue, the Council circulated its own questionnaire specifically directed toward zoning.

 

A. Protection of Natural Resources

The Yachats area as described in the inventory is rich in natural resources. Fish and wildlife habitats, water areas, historical and archaeological sites, and, in particular, open space and scenic views, all contribute to the high quality of the city’s environment. These resources are Yachats’ main assets in that they make it a beautiful place for people to live in and visit. In recognition of these natural resources, the following policies are proposed:

1. Significant marine habitats as identified on the Natural Resources Map and as discussed in the Inventory Data will be protected from proposed land uses which might modify their indigenous characteristics.

2. The city of Yachats shall assist the State and County in protecting the County Road 804 right-of-way and the prescriptive easements accepted by the Oregon Supreme Court as established by the Lincoln County Surveyor (Survey 11,905 12/18/87) from alterations which would prevent the establishment and maintenance of this segment of the Oregon Coast Hiking Trail within the right-of-way.

3. The city will concur with all pertinent and legally authorized agencies, both federal and state, in mutual effort to retain the character of those natural qualities identified in the Natural Resources Map and Inventory Data.

4. In adopting land use designations or in undertaking land use actions or decisions, the city will maintain the quality of the resource areas as shown on the Natural Resources Map and Inventory data.

5. It is the city’s policy to direct its growth so as not to encroach upon public or commercial forest lands. The forest type soils within the city’s boundaries are largely suited only for low density use subject to strict review.

6. The city will undertake negotiations with Lincoln County for the designation of lands east of the City Limits and west of the ridge as open space.

7. The city considers the Little Log Church to be a significant historic resource and will limit conflicting uses by regulating demolition and exterior alterations.

8. The city will conduct a historic resource survey in cooperation with the State Historic Preservation Office during future periodic reviews as funding and resources become available. The city will amend the historic inventory information in its plan and complete the Goal 5 process for historic resources as necessary with the new information.

9. The city will limit conflicting uses on the Yachats Middens and other newly discovered archaeological resources through an archeological review applied to development proposed at the sites. The archeological review shall also apply to other archaeological resources which are uncovered during construction or excavation.

10. The city encourages preparation of inventories to determine the location and extent of native American villages and other archaeological resources within the urban growth boundary. The city will cooperate with the State Historic Preservation Office, the confederated Tribes of the Siletz and others during preparation of these inventories.

11. There is currently not enough information to determine the significance of the Goal 5 wetland discussed in the Water Areas section of the city’s inventory. The city will complete the Goal 5 process for this wet land area on or before the next periodic review.

12. The City of Yachats opposes offshore oil and gas development due to potential conflicts with existing ocean fisheries, impacts on aesthetic and recreational values, and degradation of the marine environment. This includes leasing, exploration, and oil and gas extraction within the state territorial sea and federal waters.

13. The city will investigate creation of a design review process and will make appropriate recommendations prior to January 1, 1992. Issues to be addressed include building height limitations, solar access, height of fences and vegetation, signs, and open space requirements.

B. Protection of Estuarine Resources

The Yachats River is an estuary as defined by the Land Conservation and Development Commission (LCDC). It is considered to be a "minor" estuary and as such, it must be placed in a "conservation " or "natural" classification in accordance with an LCDC administrative rule. The classification establishes the level of development or alteration allowed within the estuary. Based on the information obtained through the inventory concerning the biological importance of the Yachats River, the degree of urban development with altered shoreline and the intensity of recreational use, the following policies shall guide the city’s land use actions/decisions:

1. In recognition of the unique and abundant qualities of the Yachats River estuary, the city commits itself to work with Lincoln County and relevant special districts, the Division of State Lands, Corps of Engineers, and other State and Federal agencies in the implementation of the comprehensive estuarine management plan for Yachats River estuary within the Yachats urban growth boundary.

2. For purposes of resource management, the Yachats River shall be classified as a conservation estuary. All estuarine areas within the Yachats urban growth boundary shall be classified as a natural management unit, and shall be managed to preserve the natural habitats and wildlife therein.

3. The inventory information and the Natural Resources Map are sources of information regarding the aesthetic and natural values of the Yachats River estuary and the benefit derived therefrom to the City of Yachats. These natural habitat areas and aesthetic values shall be protected in all city decisions regarding land and/or water use actions in or affecting the estuary. (Said decisions regarding the actions shall include variances, conditional use permits and building permits in the estuarine shorelands, maintenance activities, requests to increase water withdrawals from the Yachats River or its tributaries, as well as zoning ordinances or Comprehensive Plan amendments.)

4. Dredging and fill in estuarine areas shall be allowed only:

A. If required for navigation or other water dependent uses that require an estuarine location or for a use specifically allowed in the applicable estuary zone;

B. 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

C. If no feasible alternative upland locations exist; and

D. If adverse impacts are minimized.

Other uses and activities which could alter the estuary shall be allowed if the requirements in (b), (c), and (d) are met.

5. Permitted uses in the natural estuary management unit are undeveloped low-intensity, water-dependent recreational uses; protection of habitat, nutrient, fish, wildlife and aesthetic resources; research and educational observation; navigation aids; vegetative shoreline stabilization; and passive restoration measures. Uses which are allowed where consistent with the resource capabilities of the area and the purposes of this management unit are active restoration of fish and wildlife habitat or water quality and estuarine enhancement; on-site maintenance and repair of existing structures or facilities; riprap for protection of uses existing as of October 7, 1997, unique natural resources, historical and archaeological values, and public facilities; temporary alternations; and pipelines, cables and utility crossings, including incidental dredging necessary for their installation, and bridge crossing support structures.

6. Snag and debris removal for the purpose of maintenance shall be allowed in the estuary. Revenues from the Port of Alsea shall be the preferred source of funds.

7. No specific projects involving intertidal dredge or fill are currently proposed. Therefore, no specific mitigation or dredge disposal sites have been identified. When a project is proposed that requires mitigation and/or dredge disposal, the city shall amend the Comprehensive Plan to identify and protect needed mitigation and/or dredge disposal sites.

8. Unless specifically exempted by the Director of the Division of State Lands under ORS 541.626 dredging or fill ( including dredged material disposal) in intertidal or tidal marsh areas shall be mitigated by creation, restoration or enhancement of estuarine areas. The adequacy of a proposed mitigation project shall be determined by the Division of State Lands.

9. Where a use could potentially alter the estuarine ecosystem, the city shall require a clear presentation of the impacts of the proposed alteration. This will be addressed through application of the city’s Estuary Use Standards.

C. Protection of Shoreland Resources

In accordance with state requirements, the city has identified its shoreland boundary, taking into account potential flood areas, riparian vegetation, areas of geologic hazards and areas of scenic values. All shorelands identified by the city are urban or urbanizable; the predominant uses being residential, recreational and mote/hotel. No areas particularly suitable exclusively for water-dependent, water-related uses exist due to the steep slopes, flood hazards and historical land use patterns of the shorelands. In order, then, to maintain the environmental, social and economical values of the shorelands, the city shall apply the following policies to its land use actions/ decisions:

1. Any area which might be found to be particularly suitable for a water-dependent, water-related use shall be the preferred use in the shorelands.

2. In the shorelands along the river, a 50-foot buffer strip shall be maintained. In the first 30 feet, the existing riparian vegetation shall not be removed; in the latter 20 feet, slight vegetative alteration will be allowed as long as the overstory is retained. Minor access paths leading to (but not parallel to ) the river shall be allowed as long as the overstory is not disturbed.

3. On shorelands along the ocean, a 25 foot buffer strip from the top of the bank shall exist wherein existing stabilizing vegetation shall not be removed.

4. Residential and motel/hotel uses shall be allowed to the extent such proposed uses are shown to be compatible with the maintenance of geologic stability, water quality and habitat maintenance.

5. Land use management practices (such as setbacks and maintenance of riparian vegetation) and non-structural alternatives shall be preferred methods of shoreline stabilization. Structural stabilization methods (such as riprap and bulkheads) shall be allowed when necessary for the protection of existing land uses and resources, and when designed to minimize adverse water quality, habitat and environmental impacts.

6. The City will review proposals for vacation or sale, exchange or transfer of public ownerships, easements or rights-of-way which provide access to or along the Yachats River or ocean. Existing public ownerships, rights-of-way and similar public easements in estuary and ocean shorelands which provide access to or along the estuary or ocean shall be retained or replaced if sold, exchanged or transferred. Rights-of-way may be vacated to permit redevelopment of existing developed shoreland areas, provided public access across the affected site is retained. (Amended 12-27-00 by Ord. #218)

7. The city of Yachats will develop and implement programs for increasing public access to the estuary and ocean by supporting development of the County Road 804 right-of-way and pursuing signing of existing access points. The City of Yachats will also support and encourage existing and future public access sites to be handicapped-accessible.

8. The City of Yachats will encourage the State Parks Department to pursue improvements to lighting, restroom facilities, and public access points within state parks in the City of Yachats.

9. The priorities for shoreline stabilization for erosion control area( from highest to lowest):

a. Proper maintenance of existing riparian vegetation.

b. Planting of riparian vegetation;

c. Vegetated riprap;

d. Non-vegetated riprap;

e. Bulkhead or seawall.

Where riprap, bulkheads or seawalls are proposed as shoreline protective measures, evidence shall be provided that higher priority methods of erosion control will not work.

10. Structural shoreline stabilization shall be permitted only if:

a. There is a demonstrated need to protect property or existing structures that are threatened by erosion;

b. Impacts on adjacent property due to increased erosion and sedimentation are minimized;

c. Visual impacts are minimized;

d. Long-term or recurring costs to the public are avoided;

e. Riparian vegetation is preserved as much as possible; and

f. The proposed project will not restrict existing public access to publicly-owned lands or interfere with the normal public use of fishery, recreation, or water resources.

11. Structural shoreline stabilization in estuary zones shall be limited to riprap. In estuary natural management units, riprap shall be allowed only for protection of uses existing as of October 7, 1977, unique natural resources, historical and archaeological values and public facilities.

12. The city’s review of beachfront protective structures shall be coordinated with the Department of Parks and Recreation and the Division of State Lands.

13. Permits for beachfront protective structures shall be issued only where development existed on January 1, 1977. 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 the State Beaches and Dunes Goal has been approved. Refer to the Inventory for description of areas where development existed on January 1, 1977.

D. Conservation of Energy

Several policies within this plan indirectly address the conservation of energy such as urban growth and multi-family residential uses. Additionally, the following policy is proposed:

1. Future developments shall be encouraged to use energy efficient design, siting and construction.

E. Protection from Natural Hazards and Disasters

As described in the inventory, the major hazards existing in Yachats consist of steep slopes (potential erosion and land slides) and flooding (ocean and river). The extent and location of the flood hazards areas are being identified through the Federal Flood Insurance Program. Steep slopes and unstable soils are well known. In order to prevent property damage, possible loss of life and increased public costs, the following policies are recommended:

1. Information and recommendations contained in Environmental Hazard Inventory (Coastal Lincoln County, Oregon by RNRK Associates - text and maps incorporated in Inventory Data, and the 1974 Howe-Arismendi Study) shall serve as the basis for future land use determinations in hazard areas.

2. Developments subject to damage or that could result in loss of life shall not be planned nor located in known areas of natural hazards without appropriate safeguards.

3. New construction or substantial improvements in identified riverine and ocean hazard flood areas shall have the lowest floor level elevated to or above the 100 year flood level.

4. Permanent development at urban density (one or more units per acre) will be prohibited within the 100-year flood level without adequate protection provisions.

5. Low density and open space uses that are least subject to loss of life or property damage such as open storage, forestry, agriculture and recreation shall be preferred uses in flood prone and steep-sloped areas.

6. The density of development shall be no greater than the slope can safely accommodate. The following standards shall be applied to all future development (subdivisions, commercial and public service structures and residential structures not previously covered through subdivision review):

a. On slopes of 0-12%. Development is allowed without special review.

b. On slopes of 13-29%. Development is subject to special review and conditions regarding density; vegetation removal; grading and excavation; season and duration of development activity; drainage and other factors considered necessary to minimize risk of hazard.

c. On slopes of 30% or more. Development is prohibited unless site analysis by a professional geologist and civil engineer finds that the site can support the proposed development without endangering life, property and environment or that safeguards which correct the hazards condition can and will be provided.

7. Developers of property having a slope of greater than 12% or lying within a landslide area, or identified as a flood hazard, shall be required to post a 100% performance bond guaranteeing that specified conditions will be met and appropriate safeguards provided.

8. Developments on steep slopes adjacent to the Yachats River shall be planned so as to minimize any aggravation of the turbidity and seasonal low-flow situation.

9. The city will pursue adoption of an excavation and grading ordinance prior to its next periodic review. Issues to be addressed include drainage plan requirements for all development.

10. The city shall address concerns regarding forest activities which might adversely affect the city to the unit Forest Practices Officer in Toledo.

F. Providing Recreation Opportunities

Recreation in Yachats mostly involves fishing (including clams and smelt ) and enjoying the beautiful natural surroundings. State parks are adequate although some further development is needed. Access to recreational areas also needs some improvement. The inventory identifies other needs such as a recreation center for the young and old. The following policies are intended to address recreation needs:

1. The city will encourage the state to maintain its parks and beach access areas for the benefit of residents and visitors. Change in park use or creation of new park facilities shall be reviewed by the city as specified in the Zoning and Land Use Ordinance.

2. The city will require state park sanitary facilities to be connected with the city sewer system.

3. Existing access points to the ocean beaches shall be maintained and marked so as to avoid undue intrusions onto surrounding property.

4. The Oregon Department of Transportation will be encouraged to widen and improve Highway 101 for use as hiking and biking trails.

5. The identification and development of open spaces in the city based on lands unsuitable for developments and existing parks shall be encouraged.

6. The development of recreation centers for the young people and for senior citizens will be encouraged.

7. The location of recreational opportunities shall be marked, as funds are available for that purpose to assist visitors to the city.

8. The State Fish and Wildlife Department will be encouraged to maintain sufficient stocks of fish in the Yachats River and its tributaries for recreational purposes.

9. The city supports the continued use of the former Yachats Elementary School site to provide for the recreational, educational, and open space needs of the city’s citizens. The site, consisting of Tax Lots 4500 and 4600 (Map 14-12-27AD) and Tax Lots 13000 and 13100 (Map 14-12-27AD), will be placed in a Public Facilities Zone to protect it from conflicting uses.

G. Control of Urban Growth

In order to comply with the requirements of Land Conservation and Development Commission Goal 14, the following policies shall be followed:

1. Future urban development shall be contained within the Urban Growth Boundary.

2. Before additional lands are considered for annexation to the city or for inclusion in the Urban Growth Boundary, the capability and desire of the city to provide necessary public services to the area will be affirmatively established.

3. Annexation will require simultaneous Comprehensive Plan and Urban Growth Boundary Amendment to reflect the action taken.

4. Services will be extended within the Urban Growth Boundary in an orderly and economically efficient manner.

5. The area outside the city, but within the Urban Growth Boundary shall be managed in accordance with the Urban Growth Management Agreement established between the city and Lincoln County.

6. Annexations shall be governed by Oregon Revised Statues, Chapter 222. Council decisions shall consider such factors as the city’s capacity to provide services, avoidance of "leap-frogging" agreements, if any with Southwest Lincoln County Water District, and compatibility with the character of the area.

7. The city recognizes the Lincoln County Board of Commissioners’ responsibility under Oregon Revised Statues, Chapter 215, for all planning and zoning decisions in the unincorporated areas of the County. Similarly, the County recognizes the city’s paramount interest in its urban growth area. Therefore, the city shall provide written and/or oral recommendations to the County on land use matters within its urban growth area. Compliance with the City Comprehensive Plan and ordinances shall be used as a basis for such recommendations. The city reserves the right to request specific information or to hold a public hearing in order to obtain desired facts and perspectives.

8. The city endorses and expects Lincoln County to abide by the policies contained in the Land Use Planning section of the Lincoln County Comprehensive Plan.

9. The city will participate with a county committee to address the urbanized area of the city.

H. Provide for Economic Growth

As described in the inventory, the city’s potential for economic growth lies primarily with the travel/ recreation industry, the retirement industry and the handicraft and fine arts industry. Maintaining the city’s advantage in these industries depends on protecting its recreation, natural and scenic resources. To this end, the following policies shall be followed:

1. Employment opportunities shall be compatible with existing and anticipated land uses.

2. Future economic development shall be consistent with zoning.

3. Future development and commercial activity shall be timed so as to insure an adequate water supply and a quality habitat in the Yachats River in compliance with all applicable Sate and Federal Standards.

4. Casino gambling shall not be allowed since it is incompatible with the character of the community.

5. The city recognizes that its future economic growth lies with the travel/ recreation, retirement and fine arts industries. Adequate residential and commercial land will be designated to provide for these industries.

6. No heavy industrial land needs have been identified or are anticipated. However, the city recognizes the potential need for non-polluting light industrial uses, such as warehousing and storage, within the city’s commercial zone.

I. Provide Adequate Public Services

Yachats realizes that the provision of basic public services in any urban area is the responsibility of municipal government. As the inventory data show, the water system is at or near capacity. The sewer system’s ability to handle future growth will need to be monitored. In providing for these urban level services, safeguards must be take to insure the continued quality of the Yachats River estuary system. In order to provide services in an economic, orderly and environmentally sound manner, the city shall adhere to the following policies:

1. The city will not allow water or sewer hook-ups beyond the existing or planned capacity of those systems.

2. The city will not extend city services its city limits except as provided for in Policy 15 below. Requests for extensions of city services outside the city limits, but within the urban growth boundary shall only be granted when the said areas have annexed to the city.

3. Whenever feasible, utility services will continue to be installed in looped systems instead of one way, dead-end configurations.

4. Through the efforts of the Public Works Commission and an engineer, the city will continue to upgrade the water collection, filtration, storage, and distribution system.

5. Increased water withdrawals the Yachats River or its tributaries, or increased discharges into the Yachats River or its tributaries, shall be allowed only upon determination that the biological habitat, organisms therein and physical processes of the river and estuary will not be adversely affected.

6. In the planning for and provision of urban services, the city will comply with all applicable State and Federal laws and regulations.

7. Streets which are dedicated but not open, graveled streets and narrow paved streets shall be improved to city standards as funds become available.

8. Future developments shall provide safe, well-marked pedestrian ways which do not conflict with vehicular traffic.

9. Future developments shall provide adequate off-street parking.

10. Streets created by subdivisions or land partitions within the urban growth boundary shall be designed to tie into existing and anticipated road systems.

12. Extension of city services beyond the current city limits will not be made until recipients of the services bond with the city for 100%of the cost of providing the services.

12. The city, in all its land use actions/decisions, is committed to maintaining its water quality consistent with all applicable State and Federal requirements.

13. In addressing its water supply situation , the city shall coordinate its future planning efforts with appropriate state water quality plans applicable to the area. (i.e., DEQ "303e" river basin plan; "280" non-point source plan.)

14. Withdrawal of water from the Yachats River or its tributaries shall not aggravate the present turbidity and seasonal low-flow situation.

15. The city of Yachats shall not extend municipal sewer or water service outside of the urban growth boundary except in the following areas:

a. Areas where and exception to Goals 11 and 14 has been taken to allow an urban level of service to be extended beyond the urban growth boundary; or

b. Publicly-owned parks for which the following findings have been made:

i. There is no feasible alternative for servicing the public park considering water availability, soil suitability for subsurface sewage disposal, costs of a subsurface system, the long-term viability of a subsurface system to function successfully, or State or Federal environmental regulations.

ii. Provision of municipal sewer or water service will not impair the city’s long-term ability to service will not serve any intervening lands except as provided for in pre-existing agreements;

iii. The proposed extension of municipal sewer or water service shall not serve any intervening lands except as provided for in pre-existing agreements;

iv. Extension of municipal sewer or water service shall not be a basis for future determination of commitment of intervening rural lands; and

v. The extension is limited to the needs of the existing public park.

16. The city, in all its land use actions/decisions, will comply with all applicable State and Federal regulations relating to air, solid waste, hazardous waste and noise pollution.

17. The City of Yachats will cooperate with the Oregon Department of Transportation in the development and implementation of their Six-Year Highway Improvement Program for projects within the Yachats urban growth boundary.

J. Meeting Housing Needs

The inventory Information has detailed the type, quantity and condition of existing housing. Also, demand for housing was identified from discussions with realtors and consideration of projected population growth. Based on this information, the following policies shall apply to all land use actions/decisions:

1. Sufficient vacant land shall be designated for residential uses to accommodate the projected increases in year-round and part-time populations and provide a choice of location, type and price.

2. Land use designations shall provide opportunities for the development of all types of housing.

3. In the event that, at any particular time, insufficient water supply exists to meet demand at that time, no building permits nor new hook-ups shall be authorized. In such a case, the city will study methods of relieving the supply problem.

4. Housing within the city and Urban Growth Boundary shall proceed at a rate commensurate with the city’s ability to provide water and sewer service.

5. The city will encourage participation in available government and private loan or other programs in order to provide for the housing needs of all income levels.

K. Citizen Involvement and Land use Planning

In order to provide for adequate citizen involvement and to insure proper procedural steps in future land use undertakings, the following policies shall apply:

1. In order to provide for the continuity of citizen participation and of information that enables citizens to identify and comprehend the issues, the city shall follow the existing Citizen Involvement program.

2. At least every four to seven years, the city shall review its comprehensive plan, inventory information and applicable ordinances, in order to determine what revisions and/or additions, if any, are appropriate. Review shall be initiated by the City Planning Commission.

3. The comprehensive plan for the City of Yachats shall be filed in the City Office and shall be available at the City Office and the City Library.

L. Beaches and Dunes

1. Yachats and State and Federal agencies shall prohibit residential developments and commercial and industrial buildings on beaches.

2. Before a building permit is issued for construction involving the removal of vegetation in areas of older stabilized dunes, the Planning Commission may require that an erosion prevention plan be submitted which provides for temporary and permanent sand stabilization and maintenance of new and existing vegetation. The plan shall return the area to its original level of stability or further increase the area’s stability.

3. Removal of vegetation during construction in any older stabilized dune shall be kept to a minimum required for building placement or other valid purpose. Removal of vegetation should not occur more than 30 days prior to construction. Permanent revegetation shall be started on the site as soon as practical after construction.

4. The developer or party initiating action in an older stabilized dune shall be responsible for preventing adverse impacts from erosion on adjacent property, city streets, or utilities. Where necessary, the city may cause such impacts to be corrected at the expense of the developer.

M. Village Circulation Plan & Implementation Strategy

Overview

A recommended circulation plan was developed for the City of Yachats by Kampe Associates and Bridgett Beattie McCarthy of Portland, Oregon, under a special funding grant by ODOT/DLCD Transportation and Growth Management Program. Their research and their recommendations are incorporated in a document entitled "Yachats Village Circulation Plan" 1996-97, on file with the City. The document's "Recommended Plan & Implementation Strategy"(pages 16-24) was discussed in public hearings held by the Planning Commission and by the City Council. Following deliberation upon the recommendation, and incorporation of revisions, a Village Circulation Plan was adopted by the Council on July 31, 1997. The Council Plan is the definitive text.

 

Circulation Plan & Components

The plan is based upon consultant discussions with community members, on site research, meetings with City staff, discussions at several public meetings. It is also based upon input gathered by the Planning Commission and the City Council from persons who submitted testimony at its public hearings.

Six areas express the scope of the plan in terms of objectives, along with short-term and long-term implementation strategies and action steps. The Plan and its Inventory is subject to review and modification. To implement specific projects will require specific Commission/Council action.

The six components of the plan are:

 

North/South Connection

The objective is to provide a continuous pathway from the north to the south of Yachats.

Yachats has a special and unique opportunity to have a pathway following near the coastal edge for the entire length of the community, unlike any other community on the Oregon coast. This is a wonderful amenity for the enjoyment of residents and visitors.

To provide a viable pedestrian route from north to south Yachats will require negotiations for easements in the area of the Adobe Resort/Motel through to Marine Drive and from the Landmark restaurant south to Bayview Terrace as shown on the plan map and described in individual project format on the Circulation Plan matrix.

Consistent with the Recreation & Natural Resources map of the current Comprehensive Plan, and its predecessors, this Circulation Plan locates a trail on Marine and Ocean View Drive. During the planning process, an alignment of a trail along the edge of the bluff was suggested. For reasons of practicality and feasibility, the City has chosen to locate a hiking/biking trail along Marine and Ocean View Drive

The north/south loop placement is available to provide immediate public access from the State Smelt Sands Park 804 Trail through to Ocean View Drive.

The southern pathway connection from the Landmark restaurant (intersection of Highway 101 and Ocean View Drive) will provide a safe alternate route for pedestrians to discourage walking on the "Highway I 01 Loop". The plan anticipates that two easements (one with each of the owners) will have to be negotiated with the property owners immediately south of the Landmark and Lion's Club Thrift Store properties.

 

Integrated Loop System

The objective is to provide a series of interconnected pathway, loops, and overlooks that link the trail system and provide access to important destinations throughout Yachats.

The Plan calls for four trail or loop systems: the Northwest Loop, the Northeastern Loop, the River Loop, and the South Yachats Trail.

The Northwest Loop connects several destination points such as the Overleaf Motel, Smelt Sands State Park, the Adobe Resort/Motel, Ocean outlooks off of Ocean View Drive, Yachats State Park, the Landmark Restaurant, the Commercial Core and Town Center businesses, and The Commons.

The Northeastern Loop links the commercial core with residential and motels properties in this area. Pedestrian pathways from Prospect Avenue through to Third Street, King Street, Radar Road, and Hanley Drive are planned. Another is the connection between Loma Avenue and Third Street. A key automobile, bike, and pedestrian connection will be the road between Hanley Drive and the northern most portion of Highway 101. This development shall be located with respect to natural topography and private ownership negotiations.

The River Loop links both the downtown area and southern Yachats with the Yachats River. The plan calls for a pathway that provides public access from the Highway 101/Ocean View Drive intersection south through the new access provided to Bayview Terrace, under the bridge and along the Yachats River, across and up Yachats River Road.

Finally, the south Yachats Trail will provide a pathway which is separated from automobiles (as shown in the street sections) providing a link from north Yachats to the southern most border of town via Yachats Ocean Road. An important connection to the southeast residential and motel area to this trail is Mitchell Lane which should be marked and maintained as part of the trail system.

Each of these loop and trail components has several strategies and projects that will be necessary to successfully implement and provide a cohesive system. These projects are listed specifically on the Village Circulation Plan Matrix.

Highway 101 Corridor

The objective is to make Highway 101 safer and more aesthetic for pedestrians, bicyclists, and automobiles.

The plan provides for "entry statements" in the north and south areas of town. These statements will provide through art, landscaping, or signage (or a combination ) an immediate, physical notice to individuals that they are entering a "place". The intent will be to slow traffic down and enhance and personalize the image of the community.

These statements will be supported by landscaping, bike lanes, and pedestrian pathways to be created along the entire length of Highway 101 as shown on the enclosed Street Sections. Another method to enhance the character, as well as slow down traffic, is to provide a secondary area along the highway between 7th Street and the Prospect Avenue\Highway 101\Ocean View Drive intersection that identifies a "downtown" area. In this area the plan provides that the pathways veer off of the highway and move along the business frontages as much as possible. a distinctive paving pattern could be added to this area in conjunction with the landscaping/pathway improvements shown for the remainder of Highway 101. The plan calls for on-street parallel and diagonal parking for this area on the east side. Specific surveys will need to be conducted to provide a base map for business access as well as the appropriate placement of parking spaces in this area.

Crosswalks to allow safer pedestrian access across Highway 101 are needed at several locations as shown on the Circulation Plan Map. The plan calls for crosswalks at the north and south entries, accompanied by rumble bumps, and crosswalks at Ocean View Drive and 7th Street with "on-demand" stop lights.

 

Parking

The objective is to designate parking areas appropriate for the community.

the Planning Commission will continue to work on a recommended design for parking, including at the Commons, that considers both utility and the village character of our community.

 

The Commons

The objective is to coordinate the Village Circulation Plan with the future uses of the Commons and the Master Plan, as developed by the Parks and Commons Commission

We envision the Commons as a central location to begin using the trail system for visitors. The plan calls for Circulation Maps to be placed at key locations at The Commons and that trails/pathways lead from the proposed parking lots to the overall trail system..

 

Aesthetics

The objective is to enhance the character of the Circulation and Trail System.

The Planning Commission will be guided by the consultant’s recommendations.

 

Design Guidelines

Broad Objective: Create continuity and recognition of the Circulation/Trail System and create design guidelines for infrastructure elements to be used throughout the circulation/trail system...and perhaps elsewhere as well.

Methods:

The Planning Commission shall consider ways to implement this objective through appropriate signage, lighting, and design ordinances.

 

Art & Landscaping On Highway 101

Specific Objective: To calm traffic and create destination awareness along Highway 101 as it passes through Yachats. Incorporate art and/or interesting features representing the essence of Yachats along Highway 101 at the north and south entries to the City of Yachats into the landscaping on either side of the highway from one end of the city to the other.

Methods

The City Planner shall work with Oregon Department of Transportation and the Public Works and Streets Commission in recommending actions that accord with this objective.

Specific Objectives: To identify the Circulation/Trail System and all the things it connects including The Oregon Coast Trail and to celebrate a special identity for Yachats. Create a sign/symbol system specifically for the city that would identify the "Yachats in Yachats": Routes, points of interest, natural features, destinations ,etal.

Methods

The City Planner shall work with Oregon Department of Transportation and the Public Works and Streets Commission in recommending actions that accord with this objective.

 

Public Facilities

Specific Objective: To have a central location where visitors could come for information and paths and trails intersect.

Methods

The Planner and the Commons Director shall assist the Planning Commission and the Parks and Commons Commission in recommending ways to achieve that objective, consistent with other objectives for this public facility.

As an amendment, this Village Circulation Plan will be referenced as appropriate in the Comprehensive Plan. In its Periodic Review the Planning Commission will propose the needed correlations of language.

Insert map, matrix, and street drawings here.

(Following are exhibits A, B, and C or the Village Circulation Plan)

 


IV. Plan Maps

The attached maps depict the preceding policies through land use designations identifications. The maps will be used along with the policies to guide decisions pertaining to land use. The maps establish a long-range land use pattern for the City of Yachats. The maps were prepared after considering many citizen requests, petitions, and questionnaires It represents the City Council’s best attempt to accommodate all types of citizen and landowner’s input.

 


V. Definitions

Coastal Shorelands. Those areas immediately adjacent to the ocean, all estuaries and associated wetlands, and all coastal lakes.

Development. The result of bringing about growth; of constructing or altering a structure, conducting a mining operation, making a physical change in the use or appearance of land, dividing land into parcels; or of creating or terminating rights of access.

Estuary. A body of water semi-enclosed by land, connected with the open ocean, and within which salt water is usually diluted by fresh water derived from the land. The estuary includes; (a) estuarine waters (b) tidelands (c) tidal marshes and (d) submerged lands. Estuaries extend upstream to head of tide water.

1. Natural Estuary. Estuaries lacking maintained jetties or channels without adjacent urban areas which have altered shorelines (shorelines with bulkheads, riprap or other physical structures). Shorelands around natural estuaries are generally used for agriculture, forest, recreation and other rural uses. They are usually little developed for residential, commercial or industrial uses.

2. Conservation Estuary. Estuaries lacking maintained jetties or channels but which are within or adjacent to urban areas which have altered shorelines adjacent to the estuary.

Floodway. The normal stream channel and that adjoining area of the natural floodplain needed to convey the water of a regional (100 year) flood while causing less than one foot increase in upstream flood elevations.

Low Density Residential. Residential units at a concentration of less than one unit per two acres.

Management Unit. A discrete geographic area, defined by biophysical characteristics and features, within which particular uses and activities are promoted, encouraged, protected or enhanced and others are discouraged restricted or prohibited.

Natural Hazards. Natural events are known to result in death or endanger the work of man. These can include river and ocean flooding, weak foundation soils, landslides, erosion, etc.…

Public Facilities & Services. Projects, activities and facilities which city determines to be necessary for the public health, safety and welfare. These can include water and sewer service, streets, storm drains, police protection, library services, etc.…

Urban Growth Area. That area between the city limits and the Urban Growth Boundary.

Urban Growth Boundary. The geographical limits within which urban growth will be contained.

City of Yachats