NEWPORT BEACH : Beach Encroachment Policy May Change

As city officials work to see if homeowners have paid new annual fees stemming from the controversial policy established last year on beach encroachment, some property owners have proposed a route around the costs.

The homeowners propose to donate the land to the city for open space instead of paying the annual fees now charged owners of property that takes up part of the public beach next to their homes.

The City Council approved the homeowners’ idea in concept at its meeting Monday, and plans to continue discussions that would allow the proposal to become official.

However, Councilman John Hedges opposed the idea, saying that property owners who take up part of the beach should still be responsible for paying for that use of public land.

“I feel if we’re going to allow someone to use the sandy beach, then they’re going to have to pay for it,” Hedges said.

Councilman Clarence J. Turner disagreed, siding with the council majority. “This only provides us with an avenue to acquire those additional properties if the owners so desire.”

Last year, the encroachment issue became a heated debate. The council passed strict rules requiring annual fees from homeowners with patios, decks, fences or any other property extending from their homes and onto city beaches.

It has been nearly a year since those regulations were adopted and the city is now tallying which owners have complied, either by paying the fee or dismantling the structures, and which should be fined for not adhering to the new rules.

Two homeowners with oceanfront properties on Balboa Peninsula approached the city with the land-for-waiver swap, saying they would donate their properties if they were assured that the land would be used as open space.

In these two cases, annual fees would have amounted to $300 for each home.