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Surfrider asks Carlsbad to enforce public access easement at 2401 Mountain View Drive
Summary
Surfrider Foundation told the council a private gate at 2401 Mountain View Drive blocks a recorded public access easement to the beach and asked the city to take enforcement steps; Surfrider said the California Coastal Commission has issued a notice of intent to commence a cease-and-desist order.
The Surfrider Foundation on Monday urged the Carlsbad City Council to enforce a public access easement at 2401 Mountain View Drive, saying the property owner has blocked a trailhead and locked the gate to the public for years.
“Mister Levy’s private locked security gate blocks full access to everyone but his tenants and city lifeguards,” Mitch Silverstein of Surfrider told the council. He said the property contains public access and open-space easements dating to 1983 and that an irrevocable offer of dedication tied to the owner’s later permit required that access be preserved.
Silverstein said the Coastal Commission issued a notice of intent to commence a cease-and-desist order to the property owner in October 2024 and that the city attorney’s office was copied on that correspondence. He asked the council to direct staff to “take action on the side of the public” and to pursue code enforcement or other steps to restore coastal access.
Owner John Levy, who spoke earlier in the meeting, told the council he has been working with the city on issues tied to the irrevocable offer of dedication and said he is concerned about safety and encampments near the access path. Vanessa Forsyth, who spoke after Silverstein, also urged the council to ensure easements are honored and noted lifeguards should have access to the gate if the easement remains obstructed.
No formal enforcement action by the council was recorded during the meeting. City staff responded from the dais that there has been communication between the homeowner and city staff and directed Surfrider to engage with city staff and the subject-matter expert in the room for follow-up.
Why it matters: public coastal access rights are governed by the California Coastal Act and recorded easements or dedications; when access is blocked, the Coastal Commission and local governments may pursue compliance action. Surfrider asked the council to be proactive in advancing the public’s right to reach the beach at this location.
