Access cannot be unilaterally denied by [land]owners

Visitors to Park Are Told Not to Take a Hike
Coastal Commission and Serra Canyon residents are at odds over public access to Malibu Lagoon trails.
By Daryl Kelley
Times Staff Writer

August 19, 2005

First came the guardhouse, then the guards and now the gates. The view up Malibu's Serra Road these days looks more like a high-security entrance to an exclusive compound than a reception area for a public park.

The security measures are intended to keep trespassers and looky-loos out of a bucolic canyon dotted with multimillion-dollar estates, including those of Hollywood celebrities and at least one billionaire.

But they have caught the eye of state coastal and park officials, who say Serra Canyon homeowners have violated agreements with both agencies by denying public access to Malibu Lagoon State Beach hiking trails through the same Serra Road entry.

"The issue here is they're excluding the public from public parkland," said Pat Veesart, a California Coastal Commission enforcement officer. "Now when you drive up Serra Road you see a guardhouse and guards and swing-arm gates. The strong visual message the public receives is: 'Don't come in here; you're not allowed.' "

In the latest twist in a 15-year dispute, the commission is preparing a citation against the Serra Canyon Property Owners Assn. for allegedly violating a 2003 development permit by denying public access to parkland and for installation of entry gates.........................

Kathleen Franklin, state parks superintendent for the Santa Monica Mountains area, said a key provision in the lawsuit settlement was that the public could reach Malibu Lagoon via Serra Road, which is partly owned by the agency. She said access cannot be unilaterally denied by homeowners just because budget shortfalls have kept the state from building trailheads and a parking lot.

The Malibu Lagoon trails are well-established and appear in hiking guides, she said. "Understand, people have been hiking there for years without trailheads."........................

http://www.latimes.com/news/local/la-me-gated19aug19,1,2859392.story?coll=la-headlines-california