Millionaires squabble with city over public beach walkway and erect fence to keep visitors away from their mansions as they rack up $5MILLION in fines

Millionaires in California have taken matters into their own hands and decided to build a green fence along a public beach path to keep visitors at bay – even as they face a $5 million fine for the move.

The latest battle over the 800-foot walkway began in December when the Coastal Commission fined homeowners for trying to close the walkway with makeshift materials such as nets, cones and traffic medians.

In response, the homeowners decided to sue the commission because a judge ruled that the county had to pay the homeowners $3.7 million in legal fees and damages for the yearslong battle, but the county appealed the decision.

Barry Scott, an Aptos resident who has advocated against the fence, shared San Francisco Chronicle: ‘We want to be a nice place where people like to come, and not a place with fences.’

Many locals consider the condition of the narrow, blocked walkway unsafe. However, homeowners living in homes valued at $2 million to $5 million have argued that the path acts as their backyard patio.

In December, the Coastal Commission fined homeowners more than $5 million for trying to close the walkway with makeshift materials such as nets, cones and traffic medians.

“It sends a broader message that the coast is available to a select few, both those who have adequate resources and those who don’t have mobility issues,” Santa Cruz County Supervisor Zach Friend said.

With uneven pavement, trash cans blocking the path and cars parked against the curb, Friend, who represents the city of Aptos, said the beach path was “constantly obstructed by homeowners.”

The county has fought back strongly against the homeowners, saying they consider the path behind the homes to be a “public easement” that “the public shall have the right to use as a walkway.”

In response, angry homeowners have said they are the ones who built the seawall and path to protect their beach homes.

The general battle between homeowners and beachgoers dates back to the 1980s, when heavy storms damaged a retaining wall between coastal homes and Seacliff State Beach, and led to the creation of the Rio Del Mar Beach Island Homeowners Association.

In 2018, a group of homeowners decided to file a lawsuit to resolve the decade-long debate, but the county fought back and instead took down the barrier installed at the time.

In response to the newly built fencing, the association announced KSBW: “The alleged County boardwalk, as Coastal Commission staff incorrectly described the private patios for each home, was determined to be private property by the County of Santa Cruz Superior Court in late 2022, and the court also cleared the homeowners association for a temporary fence pending any appeal procedures.’

“The Court has considered ninety years of documents, extensive historical evidence, and the County’s decades of disinterest in making public improvements given the uncertainty over title to the area, while the Commission has clearly failed to recognize most of to judge or ignore these critical facts.’

Barry Scott (left), an Aptos resident who has advocated against the fence, along with Santa Cruz County Supervisor Zach Friend (right)

As the feud continues, the beachfront homeowners are facing off against other residents, the Coastal Commission and Santa Cruz County in court and on social media. (Image: A collage of photos showing the progress of the fence’s construction)

As the feud continues, the beachfront homeowners are facing off against other residents, the Coastal Commission and Santa Cruz County in court and on social media.

Vivan Neasham, who lives on Beach Drive year-round in a house her husband built, said Look forward to Santa Cruz that she would be fine with the public having access to the walkway, as long as skateboarding, e-biking and extended loitering were limited.

Another resident, Vaudagna, told the San Francisco Chronicle that she was often interrupted by “a thousand people a day” along the path prior to the fence.

Vaudagna recalled an incident in 2018 when an elderly homeowner was beaten by a group of teenagers after asking them to get off his patio.

Since the green fence was installed, Vaudagna said she feels “safer” with fewer people accessing the walkway.

Greg Poncetta, the homeowners association president. told the San Francisco Chronicle that his home had previously been burglarized before the gate went up.

He has indicated that he has no problem with the public having to use a walkway, but that he would prefer if it did not have to be shared with his backyard.

‘It’s crazy. The reason we are all here is because we all love the beach and enjoy spending time here,” Poncetta said.

Mike Maffei, who has lived in Aptos for 50 years, said he is angry with the commission.

The walkway “was continually obstructed by homeowners” with uneven paving, trash cans blocking the path and cars parked against the curb, officials said. (Image: Cars parked against the curb and a slew of trash cans on the path)

It’s unclear what the next steps are in the ongoing battle for access to the walkway, but it will be discussed at the next Costal Commission meeting in Sacramento in March.

“Where does the Coastal Commission say, ‘Hey, let’s defend this piece of land?’ They have enough money to build it; They raised money, so why don’t they have enough money to keep it going,” Maffei said.

John Hopkins, another Aptos resident, told KSBW, “I sympathize with the people who own the homes, but you can’t cordon off an area that’s public.”

Annalena Norman, another local resident, said she is concerned about the fencing for disabled people who already have difficulty enjoying the beach.

‘They had to open it up to the disabled and people with strollers. I don’t like it,” she said.

It’s unclear what the next steps are in the ongoing battle for access to the walkway, but Santa Cruz County Supervisor Justin Cummings said he hopes it will be resolved soon.

“It was agreed that the homeowners association would provide the cost access,” Cummings, who is also a member of the Costal Commission, told KSBW.

“It’s just one of those things where we’re trying to make sure everyone follows the rules. The Coastal Commission has been informed of what happened and we hope we can resolve the situation,” he added.

The next Costal Commission meeting will be in Sacramento in March, where Cummings said the issue will be discussed.