NEWPORT BEACH : Fate of Beachfront Right of Way at Hand

The City Council tonight might make a final decision about whether beachfront property owners should be allowed to retain patios, decks and small walls on sand dedicated to the public right of way.

The council postponed a decision on the issue two weeks ago after more than two hours of public statements and discussion among council members and city staff. The council is considering a variety of options for dealing with the encroachments, including partially rescinding the right of way so that the land would revert to the property owners.

The council is also considering a proposal by a citizens committee to allow up to 15 feet of encroachment by property owners if they pay an annual fee to the city. Another option, recommended by the city Planning Commission, would allow up to 10 feet of encroachment by the beachfront homeowners.

The conflict stems from a decades-old practice among oceanfront homeowners of building small sand walls, decks and landscaping onto the beach. Of 600 homes between the Santa Ana River and the tip of the Balboa Peninsula, about half infringe on the city’s right of way that runs along the ocean between the houses and the water.

Some encroachments extend up to 27 feet into the beach area.

At the forefront of the issue of dealing with the encroachments is a recent letter from the staff of the state Coastal Commission. In that letter, the commission staff said that the city would have to compensate for any encroachment by installing hard-surface sidewalks to improve lateral access along the seashore.

It is possible that the council could again delay a vote on the issue. But if the council does so, the question would not be resolved until after the Nov. 6 election.

Councilwoman Evelyn R. Hart said Friday that she expects the issue to be wrapped up tonight and that she felt most points of view had been represented during the public hearings during the past year. City Manager Robert L. Wynn also said he expects a final vote tonight.

If approved by the council, the encroachment policy would then be considered by the Coastal Commission.