Beachfront Encroachment Issue Gets Airing Before City Council

Residents crowded into City Hall Monday night for one of their last chances to voice opinions on illegal patio and fence extensions built by many beachfront property owners on publicly owned beaches.

More than 70 people attended the first of two public hearings before the City Council. The first 1 1/2 hourswere devoted to a staff report on the issue and discussion of legal details involved in the council decision.

Council members quizzed city staff members about issues ranging from who owns the easements to the jurisdiction of the California Coastal Commission, which must finally approve any policy.

Out of the 600 homes between the Santa Ana River channel and the tip of the Balboa Peninsula, 295 infringe on the city’s street right of way, which runs along the oceanfront between the houses and the water. Some of these patios, fences and decks extend up to 27 feet beyond the homeowners’ property lines.

Among options the council is considering is the recommendation of the citizens’ beachfront encroachment committee--which would allow encroachments of up to 15 feet for a prorated yearly fee of between $50 and $200.

The council also looked at a second proposal, developed in early August by the Planning Commission, which called for a limit on encroachments of 10 feet, and a three-year phase-out period for non-complying homes. Both plans specify the types of landscaping and development permitted within the patio area.

Some residents say the patio extensions amount to a giveaway of valuable property, but others argue that the encroachments were not illegal when built, and that 15 feet is reasonable when the width of the beach is considered. They also contend that blowing and drifting sand can damage homes facing the water.

“Residents built these walls and fences to protect their property, and they’ve made the area more attractive in the process,” said west Newport resident Frank Spratt. “The time to have considered restrictions or annual permit fees may have been in the mid-’50s.”

Although the proposal before the council deals solely with the encroachments of back-yard decks and sand walls onto public beach, much of the council’s debate centered around the proposed extension of the city boardwalk.

The Coastal Commission, which must ratify any action taken by the council, has said that it would be more inclined to accept the extension of some property lines onto public property if there is an effort by the city to increase “lateral access” (parallel to the water) for the public in the form of a sidewalk or bike path.