Public May Gain Access to 17 Seaside Sites

The Laguna Beach City Council is poised tonight to adopt 17 stretches of beach for public use.

In order to win California Coastal Commission approval, seaside landowners seeking building permits in past years had to promise that the public could use adjacent stretches of beach. But the easements are in danger of expiring--some in less than a year--if a local agency or nonprofit group doesn’t accept responsibility for them.

“For these particular locations, it will clarify that the public clearly has unfettered access and that individual property owners don’t have any special rights,” said Kenneth C. Frank, city manager. “Most of the public won’t know the difference, but it’s still important to ensure those rights are protected.”

The California Coastal Commission and the California Coastal Conservancy are working to open nearly 1,300 points of access along the increasingly developed coast, with many points in Malibu, as well as in Orange, Santa Barbara and Mendocino counties.

Orange County lacks the high-profile battles over beach access that have taken place elsewhere. But it has one of the worst records in the state for acquiring beach easements, having accepted only a quarter of 94 offers to dedicate coastal access, said Susan Jordan, a board member with the League for Coastal Protection. The adopting agency agrees to maintain the easements and accept liability.

“You’re on the low end,” she said. “In a perfect world, everyone realizes that everyone has the right to access [to] the beach. Unfortunately, not everyone does.”

Mayor Wayne Baglin recalled past years when Laguna Beach residents put up rope barriers to keep the public off their sand because the land was still private. Though the city hasn’t had such problems for a number of years, the expected adoption of the easements would guarantee that the public would be able to access those areas in perpetuity.

People strolling the coast will probably be oblivious to the change, though it will affect residents who enjoy playing with their dogs on the beach or having a cocktail on the sand, because the city does not allow off-leash dogs or alcohol on public beaches.

Baglin said he will vote for the easements, though he would like to know more about how much the move will cost the city.

Frank said he believes the cost will be negligible, except for a more controversial easement at Smithcliffs, which will be the subject of a special hearing in April. A gate to a 12-foot-wide walkway that leads to a public park was welded shut, fencing and paving were removed and trees were planted in the walkway. Opening this easement could cost $50,000 per year, which Frank said is too costly.

The county will consider adopting 12 easements in south Laguna Beach soon, said Eric Jessen, chief of the county’s Harbors, Beaches and Parks Division. He said he hopes to bring these and other easements still awaiting adoption in South County before the Board of Supervisors this year.

“In fact, I’m trying to get them all done so we don’t have to dribble them in,” he said.

Jordan said Laguna Beach should be commended for adopting the easements.

“The city really deserves a certain amount of praise from the public for stepping up to the plate and picking up the public-access easements,” she said. “Part of what makes California great is the coastline, and it’s everybody’s coastline, whether you’re lucky enough to live on the ocean or you live in Santa Ana.”