California HOA to pay $2.5M to resolve coastal access dispute

An exclusive waterside neighborhood in Southern California has finally reached an agreement with the California Coastal Commission over whether it can restrict access to its long-gated shoreline - nearly 50 years after the fight began.

The almost half-century-long battle concluded quietly in a Ventura County chamber this week, with formalized plans for new signage, unlocked gates and a promise to involve the public in what has, for decades, been a homeowner-only slice of the shore.

Bay Harbour, a community nestled within the larger Alamitos Bay area of Long Beach, has long been an inconspicuous hideaway for discerning Southern Californians, with homes in the tight-knit neighborhood selling today for well above local market prices.

Originally conceived in 1976, Bay Harbour - then known as Costa Del Sol - was a planned community meant to give the city a bayfront subdivision to be proud of, complete with walking paths and a greenbelt for the entire community to access.

A long-standing Coastal Commission cease-and-desist order noted that, while "the public access easement was accepted and the pathways were built" at the development's onset in 1976, they were quickly "blocked by locked gates and signs restricting public access" once the development came to fruition in 1978 and homeowners started to move in and stake their claims.

"For decades, [the development's homeowners association] has made it more difficult, if not impossible, for the public to enjoy this part of Alamitos Bay," the order said.

Some of the prime property was technically always intended for the public, including a local park that had been promised by developers in the '70s but, due to funding issues with the city, was only completed in 2007. Overshadowing projects like this were signage and unwelcoming gates limiting public access. Because of these deterrents, the pathways and Jack Nichol Park became, in essence, "available only to the members of the HOA," the commission's order said.

After decades of unlawful locks, a formal complaint was filed with the California Coastal Commission in 2019, and after being investigated, it was sent to the Bay Harbour HOA in the spring of 2020.

The commission and the homeowners group then began discussing possible resolutions and new access points, including a city-built bike lane to Jack Nichol Park, but the overall issues remained unresolved. In 2024, a cease and desist order was first introduced by the Coastal Commission, along with a potential fine for noncompliance. At that point, per Long Beach Watchdog, the homeowners association removed previously locked gates.

Now this week, 50 years after the former Costa Del Sol project first began its long journey, the Bay Harbour HOA and the Coastal Commission have reached a formal agreement on a sweeping new set of rules governing public access, including more than 400 yards of bayfront walkway.

In accordance with the settlement plan, the Bay Harbour HOA is tasked to "install over two dozen public access signs all over the area," noted Robert Moddelmog, the commission's headquarters enforcement counsel, including a large sign near the entrance that will measure 9 square feet when completed. The group will also maintain the greenbelt pathways and retrofit areas that are not compliant with the Americans with Disabilities Act, and it will install native plants and other landscaping inside Jack Nichol Park. What's more, the HOA has agreed to pay for a broad array of public amenities on the land, including benches, water fountains and a public restroom.

In a letter sent to Long Beach Watchdog on July 7, a Bay Harbour resident told the outlet that they believed that the community was not always intentionally misleading the public to control access to the land. Rather, early decisions by the past developers had simply become codified, and over the years, the new residents who took over properties in the neighborhood had no idea that the development was out of compliance with the Coastal Commission. "Most residents purchased years after the developer filed bankruptcy," the letter read in part.

At the Coastal Commission hearing on Thursday, Commissioner Raymond Jackson specifically commended both the commission employees for staying on the access issue and the HOA for coming to the table to agree to substantive changes moving forward. "Bravo to all the parties in what appears to be a favorable outcome," he said.

Lisa Haage, the chief of enforcement for the California Coastal Commission, agreed. "This is yet another example of how we can fashion a creative resolution," Haage said, "if we have a willing party willing to work to resolve the situation."

All told, the expected cost for the signage and renovations is expected to reach at least $2.5 million, which will be paid for by the HOA. There are no further penalties being assessed to the homeowners group.

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