ORANGE COUNTY PERSPECTIVE : Stop Growth of Creeping Patios

Call it the case of the creeping, mutant patios. The first were built 40 years ago, beginning as two- or three-foot barriers constructed to protect Newport Beach homes from high tides and sand. Over the years, barbecues were added. Then other property owners followed suit, adding decks, landscaping and even sprinkler systems. A few now jut 27 feet onto a public right of way intended for a beach road that was never built. In all, 295 illegal patios have been built along three miles of public beaches, giving the illusion that the areas involved are privately owned.

The city should never have allowed this to happen. Public beaches are so precious and limited that California voters approved the Coastal Act of 1976 to preserve and protect them. The Coastal Commission, which can assess hefty penalties against beach-property owners who encroach on public lands, has finally forced Newport Beach to look at the issue. A panel appointed by the city has offered what is at best a modest solution: limiting patios to 15 feet and requiring property owners to pay $50 to $200 annually for use of public land.

Property owners who are crying foul should consider themselves fortunate that they aren’t being required to roll back their patios. As Councilwoman Evelyn R. Hart said: “You all knew someday you’d have to face the music.” But as a practical matter, the nonconforming uses have been allowed so long that there are too many now to impose massive reconstruction. However, the city should inspect each one to make sure it is within the proposed limits. And no more patios should be built. It’s the very least that can be done to alleviate a situation that has gone on too long.