California homeowner ordered to remove private gate to public beach, fined $1.4 million

"Levy built the gate on land owned by the homeowners association of an adjacent bluff-top condominium complex. An easement approved by the Coastal Commission in 1983 requires the property to remain open for public access to the nearby beach and the lagoon, and to what later became Levy's property. Levy's house is built on leveled fill material that was trucked to the lagoon's edge in the 1970s from the creation of the Carlsbad mall now known as The Shoppes at Carlsbad."

"This is a 29-year-old matter, Levy told the commission over a Zoom connection from New Zealand, where he lives most of the year. I am not blocking public access. He said, as he has before, that he can't open the gate for the public because it's not on his property. Commission staffers disagreed. Levy asked for a continuance for more time to address the issues, but the commission said the matter has gone on long enough."

The California Coastal Commission voted unanimously to fine Carlsbad homeowner John Levy $1.4 million and ordered removal of a locked gate blocking public access to Buena Vista Lagoon and the adjacent beach. The locked gate sits at the start of Levy's driveway on Mountain View Drive and was constructed on homeowners association land subject to a 1983 easement requiring open public access. Levy's two-story house sits on leveled fill placed in the 1970s. Levy, who lives primarily in New Zealand, asserted he was not blocking access and said he could not open a gate off his property. Commission staffers disagreed and denied a continuance.

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