To: Linda Locklin
Coastal Access Program
California Coastal Commission
725 Front Street, Suite 300
Santa Cruz, California, 95060
831-427-4875
From: Christopher Mejia
Concerned Citizen & Resident of
The State of California
Cc: Jerry Brown, Attorney General, State of California
Re: Shelter Cove Beach Access, Pacifica, California - Designation for Prescriptive Rights Investigation
Dear Ms. Locklin,
I am writing you today with great concern about the public's access rights to "Shelter Cove Beach" in Pacifica, California. Upon visiting Shelter Cove beach today, my girlfriend and I were violently accosted by a man claiming private ownership of the beach (the man was later identified by a neighbor as Arno Rohloff, who appears to be the property owner of the only access path to this secluded beach). In a threatening manner (yelling, posturing, waiving arms, etc.), Mr. Rohloff told us to leave the beach at once. Standing right there in the sand (below the high-tide line), he told us that we were "trespassing" on his private property. We felt physically threatened in a way that made us fear for our safety. When I informed Mr. Rohloff that we were well within our rights to enjoy the public beach, he became enraged. We left, fearing physical consequence.
Returning home from our visit to Shelter Cove, it was impossible not to feel that our rights under the Constitution and laws of this State were trampled by this man. This led me to further investigate his claim to "private ownership" of Shelter Cove Beach and access to the beach, which in turn brought me to your website regarding "prescriptive rights."
My brief research of the subject property's past and present disposition has led me to the obvious conclusion that there is a long standing and enforceable “implied dedication” or “public prescriptive easement” for this property as clearly established by previous public use and enjoyment of the beach and access to said beach until 1975, when the property was sold to James Telegam. Prior to Mr. Telegam’s ownership of Shelter Cove, the beach and access to the beach had been open to the public for decades, with full knowledge and consent of the previous owners. One clear testament of evidence that Shelter Cove had been open to use and access by the public is documented and photographed in the book entitled “Pacifica” by Chris Hunter, Bill Drake, and The Pacifica Historical Society (Arcadia Publishing, 2002). This book dedicates a section to Shelter Cove (pages 32-33), displaying several historic photographs, two of which clearly evidence the public’s use. You can read excerpts from the book about Shelter Cove and see the photos by searching for "Pacifica" on GOOGLE BOOKS.
As is plainly evidenced in this book, a public prescriptive easement, as described by California Law, was clearly established during previous ownership(s) of Shelter Cove. Upon subsequently purchasing this property, Mr. Rohloff, like it or not, also purchased the public prescriptive easement allowing access to the beach—an easement willfully allowed, even promoted, by those previous owners well before Mr. Rohloff. In fact, it is interesting to note that during the early 1900s, Shelter Cove had been enjoyed, at will, by the public as a very popular picnic site for families from San Francisco (see photos in book showing hundreds or beach goers including sun worshipers, bathers and fisherman at Shelter Cove). This public use continued for some 75-years until then owner, James Telegam unlawfully closed access to Shelter Cove. There is also clear evidence of retail use open to the public. The “Clipper Ship” bar and restaurant stood at Shelter Cove for many years, with free and open access to the public (such access was even encouraged via signage and marketing by previous owners).
I understand that “The Coastal Public Access Program includes a prescriptive rights element whereby the Coastal Commission researches and inventories the historic public use of areas with the potential for significant public access benefits and where research indicates that the public use is substantial enough to create potential prescriptive rights, the Attorney General's Office has the authority to proceed with the legal action necessary to protect those areas.” Given Shelter Cove’s 75-year history (prior to 1975) of copious public use and enjoyment, and the current unlawful restriction of access to this precious public resource, I urge you to launch an investigation for the purpose of establishing an “official” and State documented public easement for access to and enjoyment of Shelter Cove Beach.
An outdoor enthusiast, native son of California and graduate of UC Berkeley, I take great personal offense to any person or entity attempting to limit the rights and liberties of the citizens of this great State. As your Commission so eloquently states, “The loss of historical access and recreational sites funnels a growing population into fewer and fewer areas and can reduce the range of uses as well. Prescriptive trails or sites may provide access to bluff tops, wide sandy beaches, remote coastal areas, rocky fishing sites, scuba entry points, intimate pocket beaches and more providing for a wide variety of coastal experiences.” Shelter Cove is just such a location, offering all of the attributes and experiences noted above. As such, I urge you and The California Coastal Commission to investigate and protect the public’s rights and interests with regard to Shelter Cove Beach.
Sincerely,
Chris Mejia
Concerned Citizen
© Copyright 2007, Chris Mejia – All rights reserved. Right to reprint any part of this letter shall be obtained by express written permission only.
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