08 • 15 • 2023
Stop the Superdrive Cannon Beach
Victory! Cannon Beach City Council votes unanimously to deny the proposed development of a private "superdrive" along the ocean shore and protects a public beach right-of-way.
On August 15, the Cannon Beach City Council voted unanimously to deny an application for development that proposed to convert a public beach right-of-way into a personal private "super" driveway. The development, located in iconic Cannon Beach, raised a number of important conflicts to Surfrider's beach preservation policy, interest to plan and properly adapt for climate change, and protect an "access for all" ethos by preserving the public beach right-of-way.
Oregon's public beaches are an icon for the state and no other place along the coast exemplifies the history and importance of this recreational birthright more than Cannon Beach. Governor Oswald West, the first instigator of Oregon's public beach policy, himself built a home here. But just next door to where that home was built, which was recreated as a museum, a proposed private driveway would have eliminate a public right-of-way and access adjacent the beach and ocean shore. Abandoning a public right-of way adjacent the ocean shore for private interests raised serious equity and access concerns for Surfrider and could have potentially created beach safety concerns. Further, the project would have sited a tremendous amount of new infrastructure in ground zero for existing hazards and the rising tides of climate change. Dive into our comments to learn about the myriad of project concerns or visit the project page to learn more.
Since 2020, The Surfrider Foundation Oregon Network and the North Coast Chapter worked with a number of partners to comment and appeal local decisions around the project. Key advocates from the historical center, Haystack Rock LLC., and Oregon Coast Alliance were critical support in earlier land use appeals and our review of City codes. Surfrider submitted comments, educated our members and provided testimony throughout the process. Following multiple failed applications, a LUBA appeal, and a final City Council hearing, the City Council finally voted to deny the application and uphold their code in the face of private interests!
Read our blog to learn more about the project
Campaign Updates:
UPDATE - July 10, 2023: Cannon Beach City Council held a public hearing, during which many members of the community and our partner organizations gave oral testimony in opposition of the proposed development. The applicant's attorney asked for a continuance, which was granted.
LINK TO CITY'S DOCUMENT FILE: 2023 LUBA Remand of Development Permit DP#22-06 at Taxlot# 51031AA00600 | City of Cannon Beach Oregon (cannon-beach.or.us) Public comments are in Section D.
UPDATE - August 9, 2023: Cannon Beach City Council held a special meeting for continuation of the case. During this meeting, the Council deliberated, and adopted a tentative decision to deny the proposal. This directed City staff to compile draft findings for Councillors to review and inform their final vote.
UPDATE - August 15, 2023: Cannon Beach City Council voted unanimously to deny the application for development! View the final order and findings from the City.
UPDATE - August 29, 2023: The applicant filed a Notice of Intent to Appeal with the Land Use Board of Appeals. At this time, Surfrider will be monitoring the situation but will not be intervening in the LUBA process.
UPDATE - March 13, 2025: The Roberts' appealed a second time to the Land Use Board of Appeals (LUBA) in 2024. In this second round, the Roberts argued that Cannon Beach could not apply its geologic hazard standards to a road, to be built on public right-of-way, into the house because it is "housing development" and only "clear and objective" standards can be applied to housing development. LUBA agreed with the Roberts, but the Court of Appeals overturned it, saying that road construction is not housing development. The Roberts filed for Supreme Court review, which has just been accepted.
UPDATE - May 1, 2025: On March 6, the Oregon Supreme Court accepted review of the Court of Appeals' decision, which held that, contrary to the Roberts' attorney's assertion otherwise, ORS 197A.400(1)’s “clear and objective” standards do not apply to public infrastructure like roads, even when connected to housing development. Surfrider, along with Oregon Shores Conservation Coalition and Oregon Coast Alliance, filed an Amicus Brief to the court in support of the City of Cannon Beach.
UPDATE - July 16, 2026: The Oregon Supreme Court issued their decision in the Roberts v. Cannon Beach case and it's a good one!
The court held that Cannon Beach can indeed apply its geologic hazards standards to the proposed development at issue because developing a road on public right-of-way is not the "development of housing." The court took up our argument that regulating the safety of public infrastructure is a critical function of local governments and that holding otherwise would restrict their ability to do so.