CARLSBAD — The California Coastal Commission has unanimously fined a Carlsbad homeowner $1.4 million for several violations and ordered him to remove long-locked gates near his property that officials said blocked public access to North Beach and the Buena Vista Lagoon.
The hearing centered on violations of John Levy’s 1998 coastal development permit, which was issued for the construction of his home along the Buena Vista Lagoon near the Carlsbad-Oceanside border.
Known as Levyland, the property drew public scrutiny in the 2010s when Levy began renting it for weddings. For several years, he lived in New Zealand and was unaware of everything that happened on the property during that time, according to Levy.
At an Oct. 9 meeting, commission staff said they have been in regular contact with Levy for eight years to try to address multiple violations on his property, including unpermitted development of a chain link fence along the lagoon, a parking area, and a pickleball court, in addition to locked gates.
Staff also stated that Levy has failed to meet certain conditions of his coastal development permit (CDP) by failing to restore lagoon habitat and maintain wetland buffers. Commissioners said the implementation of fines is a last resort after multiple attempts at settlement talks.
“I’m quite frankly troubled by what I see as a brazen disregard and deliberate lack of cooperation, which I feel is a direct affront to the people of California and the direct mission of this Coastal Commission,” said Commissioner Raymond Jackson.
Levy has repeatedly denied any wrongdoing, claiming the Coastal Commission has targeted him in what he says amounts to extortion. He maintains that he is not required to open the gates on his property.
“The bottom line is that I’m in full compliance with my [Coastal Development Permit] 27 years ago, and I’m not blocking public access,” Levy said during the hearing, noting that as a longtime surfer, he understands the importance of coastal access and protection.
The city of Carlsbad has also publicly disagreed with some of the commission staff’s claims about alleged violations at Levyland, stating in August that Levy is not blocking public access and is in compliance with all but one of his CDP conditions, which has since been addressed.
While the fine is hefty, the commission said it is far below the maximum they could impose. The state allows fines of more than $11,000 per day for each violation that goes unaddressed, which they said amounts to tens of millions of dollars in Levy’s case.
Mountain View Drive gate
Most of the discussion focused on a vehicle access gate along Mountain View Drive, which leads to a paved road headed down to Levy’s home, as well as the larger North Beach and lagoon area.
The road forks at the base of the hill, with one path heading to Levy’s home — protected by another gate — and another headed west toward a public beach access area with a trail that follows along the mouth of the lagoon to North Beach.
Levy was officially ordered on Thursday to open and remove the Mountain View Drive gate to provide public vehicle and pedestrian access to the natural area, with the threat of further fines if he fails to do so.
Commission staff said the road has a public beach access easement accepted by the city of Carlsbad in 2005, which requires the gate to be opened to the public so they can access the natural area below.
However, Levy’s gate has remained locked to the public and is accessible only by code, with the city granted entry for North Beach Trail maintenance and emergency access to the beach.
The nearest public access to the beach is a set of stairs located down the street from the Mountain View Drive gate at Rue de Chateaux. Commission staff said these stairs are not accessible to people with disabilities and that the road at Mountain View Drive provides better public access.
“As a result of the violations, persons who cannot use the steep 45 stairway … are unable to access North Beach and the mouth of the lagoon, while Mr. Levy and his paying guests get to enjoy the nice road,” said commission attorney Rob Moddelmog. “These violations disproportionately impact people with disabilities.”
Levy argued that although he installed the gate, it is not technically on his property because it sits on land owned by The Beach HOA— the lone entity with authority to remove it.
“I cannot grant access over somebody else’s property. It’s impossible,” Levy said.
Commissioners countered by saying that the Beach HOA supports opening the gate, which Levy said was news to him. Representatives for the HOA were not present at the hearing.
Levy and Carlsbad city officials also stated that he is not required to open the gate because, back in 1998, a commission staff report declined to address the legality of the Mountain View gate, noting that it would not change the availability of existing public beach access.
Commission staff at the time also did not state specific times that the gate was required to be open.
However, commissioners today say it was always assumed that the gate would be opened once the city accepted the public beach access easement.
“The intent for this commission, even back then, was to create public access,” said Commissioner Christopher Lopez.
Lagoon access gate
The cease and desist order approved by the commission also requires Levy to remove another locked gate along the lagoon at the north end of the main North Beach trail area, within a 100-foot wetland buffer west of the Levyland house.
When the commission approved Levy’s CDP, he was required to implement a 300-foot public lagoon trail that would be accessible from dawn to dusk via a gate.
A gate was installed, but it has remained locked and closed to the public. The vegetation behind the gate has become overgrown due to a lack of maintenance.
Levy insists he is not obligated to open the gate because the city has never accepted the dedication offer for the trail, which he was required to make. Carlsbad officials also confirmed this in an Oct. 3 letter to the commission.
“Should the envisioned trail segment be improved, and should the IOD [irrevocable offer of dedication] be formally accepted by the city, the city would manage the trail as it does the adjacent trail segments, including the enforcement of the gate’s specific hours of operation,” wrote Carlsbad Community Development Director Jeff Murphy.
The commission has argued that the city has, in fact, accepted the dedication, noting that the trail segment is featured on the city’s website.
Coastal Commissioner Jose Preciado also questioned why the city would have put in a condition requiring that Levy dedicate the trail, only not to accept it.
“I’m concerned that the city of Carlsbad may not be acting in good faith … if it processes a permit, conditions it to meet the standard of the Coastal Commission law, and then it can inadvertently — through the city attorney —claim that they don’t accept it because it may be a liability risk,” Preciado said.
Commission staff also said they were “confused” by the city’s position on this issue, but added that the gate must be opened from dawn until dusk regardless.
After the commission hearing, a city representative declined to comment on the Coastal Commission discussion or whether the city will accept responsibility for maintenance and operation of the lagoon trail now that the gate has been opened.
“The decision was between the Coastal Commission and the individual property owners. We were not party to the violation and cannot comment on any impact to the city,” said city spokesperson Amy Ventetuolo.
Levy also described the short lagoon trail as a “trail to nowhere,” since it is essentially a 300-foot out-and-back walkway. Commissioner Mike Wilson pushed back against this description.
“I think this is actually a very highly-valued access point,” Wilson said.
Environmental advocates at San Diego Surfrider Foundation, Preserve Calavera, and Buena Vista Audubon Society have repeatedly pushed for the city and Coastal Commission to compel Levy to open his gates.
During the public comment portion of the hearing, several advocates emphasized the importance of public access to the lagoon and North Beach.
“The gate is a significant obstacle to access for our birding community,” Natalie Shapiro, executive director of the Buena Vista Audubon Society, said of the Mountain View gate. “The gate needs to be opened to the public, the parking lot removed, and the damaged wetlands need to be restored and protected.”
Following the hearing, Levy said in a written statement to The Coast News that the commission’s ruling was a “miscarriage of justice.” He said the commission did not provide sufficient time for him and his representatives to review over 1,000 pages of exhibits and staff report, and denied his request for a one-month continuance.
“The outcome of the Oct. 9 hearing was not the result of an impartial review, but rather a predetermined enforcement,” Levy wrote.
He also shared concerns about increased homelessness activity once the gates are opened.
Disputes regarding the property go back decades. After the city approved Levy’s CDP in 1998, two commissioners appealed the decision due to concerns about impacts to the lagoon. However, the Coastal Commission denied the appeal and approved the project, subject to a long list of conditions.
