SAN CLEMENTE : Woman Protests Use of Yard as Pathway

Out along Rivera Beach, a rickety wooden stairway down the steep face of a bluff gives the public access to the shore. But to reach the sand, beach-goers must first walk along Cecilia Salem’s back yard.

Irked by the intrusion, Salem has asked the city to close the pathway--or face the legal repercussions.

But the City Council decided last week to put off a decision while the staff looks at options for improving the access way, which funnels pedestrians through the Seapointe Villas condominium project atop the bluff and down to the beach.

Last year, the Seapointe Villas Homeowner Assn. asked the city to close the easement. The residents’ request coincided with the opening of Calafia Beach Park, which is located about 400 feet away and features a paved walkway to the sand for pedestrians.

Despite a recommendation from the Planning Commission to close the easement, the City Council chose to leave it open.

The developer established the easement in conjunction with construction of the condominiums and then dedicated it to the city. But the access way is not included in the planning documents that govern land use along the city’s coastline, officials say.

In a letter to the city, Salem said the city has encouraged the public to trespass on her property “by establishing a beach access with insufficient easements.”

Lynn Hughes, the city’s marine safety captain, agreed that it is nearly impossible to get to the beach without trespassing.

“For people to stay on the easement, they would have to walk on the face of the cliff,” Hughes said. “It’s a poorly contrived design for an easement.”

City officials also noted that the access way, which requires that residents either ford a small creek or walk along its banks to eventually reach the beach, poses a potential safety problem.

“I share staff’s concern with the safety issue,” said Councilwoman Candace Haggard before the unanimous vote to consider more options. “But, on the other hand, I’m reluctant to give up public access to the beach.”

Despite the potential risks, several residents pleaded this week for the City Council to keep the access way open.

“I and my children and my grandchildren frequently use this access to the beach,” said Frisby Lockard. “It’s convenient.”