Save Martin’s Beach! Preserve the History of Public Access
In the Green Room with Mike Wallace
Heaven's Gate closed to the public
One of our favorite haunts is the not-so-secret spot of Martin’s Beach just ten minutes south of Half Moon Bay. A short drive down a winding, pot-holed road leads through scrubby farmland to the beach, allowing a quick surf check from the cliff before committing to the $15 parking fee on the rare occasions now when the gate is opened. Since the property changed hands, however, the new owners have painted over the old billboard advertising access and shut down access for all but the remaining residents. The epic beach survives, but appears to be lost to corporate greed and development. Or is it?
Straight out front of the shuttered Deeney family market lies a rolling and jacking reef break leading to the soft inside sandbar. To the south is a thumping reef that bends and stands up both south and north swells for hollow funnels at low tide and fun rollers at high tide. All this is set inside an amphitheater in the form of a unique pyramid formation of rocks that even features a tunnel running from north to south.
Generations of coastsiders and curious visitors have found the secluded and dramatic backdrop just the tonic for a quick get-away for surfing, fishing, and family frolicking. Forty-five ramshackle cottages squat in a worn vigil on the terraced cliff above the main beach, grandfathered in and pre-dating Coastal Commission restrictions. If you just squint your eyes a little on a bright sunny day, the peeling paint and decay blurs, and you could be transported to any number of Mediterranean villages.
Jeff Clark
Maverick’s pioneer Jeff Clark recalls the days when access cost only 25 cents and local families took full advantage of the mystical and multi-faceted playground, when “we used to paddle out, climb over the rocks and shoot the tunnel to surf alone for hours.” Now Jeff’s rebuilding a broken-down old powerboat to get back to the surf spots of his youth.
After years of working the land, owner Rich Deeney sold the property—rumored at under $40 million—and reportedly invested in land and a former B&B on the east side of Highway 1 to spend more time with the grandkids and less time herding cattle and growing hay. From the subterfuge and mystery surrounding the change of ownership, the predominant vibe has been a palpable sense of doom; current residents’ cabin leases will expire in 2021 and have no further claim to their property and lifestyle, while non-residents have been shut out. Strangely, several properties are still listed for sale, ranging in price from $110–175k in what amounts to a glorified rental, since the value will zero out in eleven years.
Martin's Oak: omen for poisonous attitudes
Some intrepid surfers we’ve interviewed have been rumored to park up on the highway and make the longer trek in to still surf Martin’s beaches, only to face trespassing threats and, in some cases, allegedly finding their tires deflated while attempting to get reacquainted with the area’s charms. One anonymous local was confronted by security guards when attempting to walk in to the beach a couple months back. He warned them in no uncertain terms not to touch his vehicle, claiming that it was a violation of California Coastal Commission law to deny access. One of the guards let slip that the “public” bathrooms were in a state of disrepair and this was the “pretext” for the “temporary beach closure.” Certainly, no attempt has been made to install portable toilets in the meantime, while just the fact that there were public bathrooms and a general store suggests a long history of public access.
"Temporarily closed"?
These reactions by the new owners are unacceptable and completely ignorant of the history of access and the loss to the community of slamming the gates shut. Just how wrong-headed this combative approach is will be proven when plans for development or changes on the property are inevitably undertaken. Even worse, the “temporary closures” may be a cover to demonstrate that public access has not been continuous and, therefore, is not legally defensible. Any attempts at zoning changes or new construction will face full review by the California Coastal Commission, where community input will be considered. In the meantime, it is up to coastsiders to bring pressure to bear on the new owners to reopen the property.
Martin's Beach: a setting that should be open to all
Local families have already started a facebook page, “Friends of Martin’s Beach, CA”, that has some great historic photos, and familiar names like Cunha and Duarte populate its pages, mourning the loss of their childhood memories. This is a great place to start to galvanize support to coordinate a campaign to reopen the beach that transcends generations and the attempts to shutter it for good from public access.
As the Friends page poignantly states: “This is for all of the people who loved Martin’s Beach, CA, and the way it was before. For all the families that spent their days fishing, watching the Pelicans and sea lions and enjoying the tide pools. Feel free to share your memories and pictures of one of California’s most beautiful and unique beaches.”
Joao De Macedo, Program Director of Save the Waves
As Joao De Macedo, Program Manager of Save the Waves Coalition in Davenport explains it: “It speaks volumes that one of the most legendary surfers in Half Moon Bay, Jeff Clark, is passionate about that reef. Public beach access is an important free resource for humanity—one of the most beautiful things. Like a natural theme park with sand. Even a limited entrance fee to maintain the beach is acceptable, but to completely gate it off is just wrong. The reef, tide pools, and unique rock formation have inspired generations of families, fishermen, and the local community. This is not just a surfing spot.”
Precedents for access have been set in communities such as Malibu, where wealthy residents attempted to block passage to and along the beaches with private security, fencing, etc. As the Coastal Commission states, “Along the California coast the general public has historically used numerous coastal areas. Trails to the beach, informal parking areas, beaches, and bluff tops have provided recreational opportunities for hiking, picnicking, fishing, swimming, surfing, diving, viewing and nature study. California law provides that under certain conditions, long term public access across private property may result in the establishment of a permanent public easement. This is called a public prescriptive right of access.”
The Surfrider Foundation has dedicated some of its finite resources to campaigning for coastal access, in addition to maintaining clean water, education, and other environmental programs. Under the topic of coastal access, the group cites the California Coastal Act of 1976 that states one of its main goals is to “Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resources, conservation principles and constitutionally protected rights of private property owners.” Unfortunately, those the public’s rights tend to expire without community activism to uphold the law and establish and maintain easements for access.
Rufo
Rufino Hernandez Vega enjoyed soaking up the mystery of the spot and taking photos of its moody backdrop. Having grown up in Puerto Rico and Hawaii where beach access is vital to tourism, he warned: “What bothers me is that it seems like such a violation of our rights as human beings and our heritage. That shouldn’t be restricted, but enjoyed by all of us. Surfers, fishermen, and families are generally pretty green-friendly and conscientious visitors, so why are the new owners being so secretive?”
Rumors have swirled that “Do No Evil” Google purchased the property, though a knowledgeable local realtor suggested that an anonymous “Silicon Valley venture capitalist” was the new owner. A title search of the property reveals that 22325 Cabrillo Highway South in Half Moon Bay, 94019 has been divided into two parcels: Martins Beach 1 Llc for Parcel # 066-330-230 and Martins Beach 2 Llc for Parcel # 066-330-240. A “Limited Liability Company” (Llc) is a company structure that essentially shields the identity of the individual or company who now owns the property, as does the mailing address of 1760 The Alameda #300, San Jose, CA 95126, which is most likely the CPA or attorneys retained to create those companies.
Postcard from Paradise
A spokesman for the San Mateo Planning and Building Department was contacted about the beach closure and what building permits were being sought by the new owners. He acknowledged that his department has “an open investigation and cannot comment on the details.” This is actually critical, as it suggests that someone has already made a complaint about a zoning violation or that the new owner has made a petition for a permit to build or redevelop on the Martin’s Beach property. Ultimately, if the community’s access is denied, the community will have a say once the process is made public.
Martin's Beach in the old days: a long history of public access
The Coastal Commission requires that in the case of private housing development along the coast any entity requesting permits must provide an “Offer to Dedicate” or grant public access through their property to the beach vertically and laterally in areas where evidence can be found of long-term beach access for five years or more. Martin’s has been accessible since the 1950s and should amply qualify. The catch is that a government agency such as the city or county, Parks and Recreation, POST, or some other official group must accept the responsibility and liability for maintaining the easements for beach access in exchange for public title to those specified paths. If such an “Offer to Dedicate” is not accepted by an agency within 21 years, it can be permanently lost.
Surfrider also points out that the city of Half Moon Bay can specifically require that the new owners grant the access paths to the city directly in order to receive permits for redevelopment. That’s where public pressure again could be critical going forward. Surfrider Counsel Angela Howe warns that prescriptive easements can get sticky unless the public access was “continuous and uninterrupted” and the fact that the previous owners charged a fee suggests there was no apparent “right of access.” This could also shed light on the cynical tactic of the new owners actively interrupting public access, which then effectively becomes a self-fulfilling legal interruption. Common law equity, however, can still argue that access specifically to coastal assets should be retained where it has been available in the past.
Tim West
As local Maverick’s charger Tim West observes, “That beach area has been a great getaway from town, not only for a day at the beach stretching out in the sun, but also for bringing the family down for a picnic. The fishing is great since the water drops off pretty deep right from the beach. The people who live there are always respectful if you share the same vibe with them. There is a lot of history in this small community that has deep roots. We should be able to access the beach area without opposition.”
Ultimately, Martin’s fate may lay in the hands of the Coastal Act of California, Section 30604 (c), which provides that “Every coastal development permit issued for any development between the nearest public road and the sea or shoreline of any body of water located within the coastal zone shall include a specific finding that the development is in conformity with the public access and public recreation policies of Chapter 3.”
In the meantime it is up to the public to exert pressure, raise the stakes for the new owners and keep a spotlight shining on the issue. The campaign to “Save Trestles” in Southern California and “Keep the country COUNTRY!” on the North Shore of Oahu were successful precisely because of unwavering public support, spearheaded by the surf community. This set a strong precedent for the power of targeted protest, aligned with the legal resources of enlightened organizations like Surfrider and Save the Waves.
Now it’s time to Save Martin’s!
Sunset for Martin's Beach public access?
Mike Wallace has surfed for over two decades on the East and West coasts, Hawaii, Europe and NorCal. Currently a resident of Moss Beach with his family of four, he can often be found haunting the beaches south of Devil’s Slide in search of the perfect sandbar with his blind dog, Moose.
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hmm. locking the gate illegally to create a false pretext for privatization.
BOLT CUTTERS, FOLKS… two can play this game.
Thanks for the write up Mike, I hardly surf anymore since they closed the gate, I miss the burgers and beer too, what a shame.
I miss Martins beach and have devoted over 40 years to surfing this magic place when possible…its a shame that the public is left out in the cold….Free Matin’s beach!!
Thanks Ivy and Jeremy, time to get the magic back. Still digging into legal loopholes, but this one will probably come down to public pressure, spread the word and help Save Martin’s!
Thanks Mike for the article. This is very disturbing to me. I remember what happened in So Cal before the Beach Access Act. Fences going up blocking trails, most surfers carried bolt cutters in the trunks of the cars, and the treat of trespassing charges. It sucked. There are still many places there that are not accessible that were when I was a kid. Once it is gone it is gone.
Very well written, thanks.
I hardly ever surfed there due to the parking charge, but I don’t want to see any more of the SM coast blocked off. It would be nice to see more access between the Ritz and Pescadero.
Speaking of the Ritz, I’d rather not see any more Kona style development in California period.
Save Martin’s Beach.
SAVE MARTIN’S BEACH!!!!!!!
land access blocked….. plan B storm the beach by boat!
Let me know what I can do to help.
I belong to the Peninsula Channel Commanders
We had a small airfield above the bluff that we had rented from
the Denneys for decades. Once the property changed hands we were kicked off
within 2 months under the pretext that the new owners wanted to start
farming our 400 sq feet of the property.
Well, This is very disturbing to me. I remember what happened in So Cal before the Beach Access Act.
http://www.hmbreview.com/articles/2010/10/01/news/doc4ca3a05f08399714095293.txt
From the article:
Steve Monowitz, interim planning director for the county, said he expects to begin a concerted effort with the California Coastal Commission in the coming weeks to step up enforcement on the owners of Martin’s Beach.
“Martin’s Beach has violated their coastal permit requirements by closing off public access to the beach,” Monowitz said. “What we’re seeking is to simply re-establish the public access opportunities that have historically been available there.”
Good enough for me, I’m heading there tomorrow.
Hey OBD – many thanks for pointing out that article in the HMB review about the county finally taking an active interest in reopening Martin’s in cooperation with the Coastal Commission. It’s about time! Don’t think it would have happened without the public asking questions and pushing our officials to do the same. We’ll have to organize a big beach BBQ with fishing and surf contest if this finally comes to pass. Nice catch, see you there…
One of my favorite places to surf. Truly sad every time I drive by and look at that damn closed sign on the gate. Very surprised this happens out here in California when even in Puerto Rico it’s against the law to restrict access to any beach. This applies to hotels and land owners alike. By boat I guess… I’m available if anyone needs a deck-hand?
Perty Rico and in Sweden (the beautiful socials) they call it Alle Mans Rätt (Every Persons Right) for access to ANY water system within the bank/edge area. Chase leash now.
I remember surfing Martins Beach over 40 years ago. It still looks the same now. It’s not fair a few rich people can keep people off such a historic beach. I remember the beach being used by fisherman, surfers, and families sunbathing.Open the beach now.
I’ve been coming here since I was a little girl (50 plus years ago)…. It is incredible that Martin’s Beach and the little store are closed…. It shocked me when they started charging, but then why not if it added to clean up or maintenance… but that it is closed and can be purchased by some one and public access denied. Well, that’s just unCalifornian as far as I’m concerned. I remember being shocked in Italy when I had to pay to sit on the sand near the water…. I thought, not in my native Northern California… What a cryin shame. Shame on the folks who think they can own the beach. Thanks Mike.
Hi Folks,
Though I live in Santa Clara, for years I have devoted considerable effort to protecting the Coastside. For several years I colloborated with the late author June Morrall, particularly at her PescaderoMemories.com website, dealing with the southern Coastside. Substantial parts of her book, “The Coburn Mystery,” are posted on the site and detail the protracted battle of Pescaderans against the richest man on the Coastside, Loren Coburn. The battle was over public access to Pebble Beach. Loren Coburn eventually lost, became the most hated man in San Mateo, and left no legacy of consequence. Too bad the man of mystery, the present owner, didn’t acquaint himself with history, lest he repeat it. Perhaps, he did and that’s why he has shielded his identity. Unfortunately for him, he can hide, but he can’t run. I’d urge him to read what happened to Coburn’s attempt to develop a resort at Pebble Beach. His dreams of competing with the world famous Del Monte Hotel, received no local support, and merely produced a ghostly, bat-infested hotel, a white elephant that no one would patronize and was torn down for scrap after his death. Hopefully, we can make the owner see the light before such a local tragedy occurs again. How can I help? I’m easy to locate on the Internet. John Vonderlin
i will tell you my experience going to Martins Beach for the very first time. it was back in 2004 i think. at the time i was looking to buy a home. my first. my realtor told me of a place on the beach. it interested me of course. she told me there was some strings attached that whomever bought this place would have to surrender it in about 15 years or so.
i did not care about that. it was on the beach for gods sake. i called my buddy and we hopped in my honda and drove from san jose ca. to Martins Beach. When we got there, i noticed the locked gate. well i was very upset but decided to just go back home and try to find out whats up. maybe i had the wrong place.
well the very next weekend, after speaking to the realtor who was selling or leasing it, i dont remember exactly what they called it, but i made the trip again from San Jo.
this time the gate was open.i drove my blue honda as far as i could go.but before i parked, we both noticed some peoplelooking out their windows at us. i immediately felt not welcome .
we got out and started walking.as we walked we noticed the very weird looks people were giving Jim and i.my buddy Jim tapped me and said there was someone over to the side of us waving her hand. as we got closer she asked me ” what do you want here? you know you are not legally parked” well i ran to my car and moved it.
we continued to walk looking for a sign telling us where the place was. i asked an older guy if he knew of a place for sale. he pointed to a place just down the ways. when we got to the place the lady showed us the place. which i loved. it was small but it was perfect for me. i mean this place was right on the Beach.
btw, this lady was not the realtor. i dont remember if she was just a neighbor or what . but when we was finished looking at the place. a few people was waiting for us outside. they told us we had better leave if we did not want my car towed.
to be honest, i thought she was really telling me it was going to be vandalized or whatever . as we walked we got the dirtiest looks.
by the time i got to my car, relieved my car was fine, i was more then ready to get the hell out of that place. it was like out of a freaky movie or something. like the town was possessed. i am serious this was very uncomfortable. . as we drove off some guy was waiting for us to drive by the gate so he could lock it on my way out.
dang i really liked that place and would of made an offer . it was very reasonable back then. but the feeling i was not wanted there was very obvious.
i hope someone can save Martins beach. it is such a beautiful place. i would love to take another trip back there from gilroy. which is where i live now.
good luck in saving that place.
The LLC that bought Martins Beach is registered with the Secretary of State, who shows Kim Totah, a Certified Public Accountant with McCabe & Totah, to be the agent for process service (when sued). McCabe & Totah is located at the San Jose address given in this article.
A google search of Kim Totah reveals he is associated with Khosla Ventures, a Sand Hill Road venture capital firm, and co-founded Financial Navigator Inc. He’s obviously well connected with Silicon Valley’s well to do, and is fronting for one of them.
Thanks for the valuable deeper investigation David – that’s getting another step closer and fits with the evidence so far. It would be great to bring some unwanted publicity on the new owners directly as well as keep the pressure on the County and Coastal Commission to uphold the law. Thanks John as well for your feedback on the precident at Pescadero. Anyone who is interested should get in touch with the San Mateo Surfrider Chapter, which is forming a group to keep the campaign and Martin’s alive.
yes this is why coastal ca is going down the tubes. a bunch of slack-ass surfers and their outlandish sense of entitlement trying to get something for nothing. sorry, but this is how it looks to outsiders. do any of you have any respect for private property? I’m sure if you had staked some of the reported 40 million you’d feel differently. private property is private property despite whether or not it’s on the beach.
What kind of mentality is this “Shawn?” Private Property Creates Crime. and since you donʻt “own” the ocean you are required to provide public access (Hey Liz Pepin: Can you go get this guy?)to it. Have you ever visited Orange County? Oh you have! So thatʻs how it is. Itʻs people like you that are the cause of so much societal unrest. Now back to Glenn Back on FOX to see how “Shawnʻs” life is going…
i goat a boat! lets go to martins. ive always wanted to go but never been there whe its good
Martins Beach is wonderful. Just beautiful. We walk down the road from the highway [just be careful where you park because when the ground is wet your car can have problems with the mud]. We have never paid any fees to visit the beach.
We see the home owners working in the gardens or working on the houses and they always are friendly. They wave or stop and talk with us for a few minutes. My kids are always a big hit! Told that a person buys the house and then pays a monthly land lease fee to the owners of the land.
There are picnic tables right by the water. My kids dig around in the sand without my worrying about broken glass, rubbish or other nasty stuff …though the very few dogs we have seen there seem to have responsible owners who pick up after them.
Anyway, if you have time, you might want to check out Martins Beach, we are very glad that we did. Maybe we will see you there!
I’ve been surfing Martin’s since 1962. It has always been a refuge in today’s increasingly crowded lineups. It is also a slice of California beach culture past with it’s charming (if somewhat dilapidated) cottages and unquestionable natural beauty. It seems to me that that adage “actions speak louder than words” had never been more accurate. So what can we do to prevent another aggrandizing fat cat from stealing another slice of our coast? It does seem that time is of the essence. Every day that the Martin’s gate remains closed will validate the lack of continuous public access argument that the new owners lawyers will undoubtedly use in court. Let’s get that gate open. To be successful we’ll need a unified plan of action. What will it be? I’m in.
Please reopen Martins Beach. I spent many many years growing up on that beach with my family.
Breakfast on Sunday mornigs, watching my dad fish and swimming in the lagoon with my sisters.
My mom and dad’s ashes are scattered at the rocks looking straight out from the store there. Because it’s got a locked gate I can no longer go out there and reflect on the times I had there with my parents.
It’s illegal for this persoon to lock out the beach that belongs to the sate no him.
Please do something about this….Save Martin’s Beach…now
Hey Ward, Kathy and the rest – thanks for your support. We’re working actively with Surfrider to get this beach back open and making some progress following meetings with the Coastal Commission, publicity at the Mercury and KTVU Channel 2, and exchanges directly with the new owners. We’re hoping reason will prevail, but prepared to ensure that our institutions fulfill their pledges. We will keep you posted, but be assured that the issue is not going away.
I think we should select a day, publish it, and have a mass turnout and aggressively access the beach in an outright brazen attempt to challenge the current owners their “right” to deny public access. Prescriptive easment? I don’t know. Hostile takeover? Happens all the time in the corporate world. Any Lawyer surfers or fishermen out there? How about the Summer Solstice? Any takers?
Hi. I do not know how old this web site is or has there been any progress to discover what is going on.. I lived at Martins beach in the 70s.I was in the cabin who is now owned by my ex’s son. Falk.I saw him there 5 years ago.. maybe more. His place sure does not look as good as when his dad Arnie fixed it up. He build all the west coast McDonald’s.So it was really well build and we were not allowed a garden as for water came from water tank. I had a blast there. As everyone who remembers Martins beach has. I know it is ghostly now. My ex also was killed on highway 1 and we scattered his ashes in front of little store there and had his a eulogy with his son scattering the ashes from a plane over the Martins beach ocean.What a memorable day.
We use to eat at Duarte’s Tavern almost daily. The winters are the best time in Half Moon Bay, This web site brought back so many memories. I would look out the windows of this cabin which is right up above the store. Watch people have a blast. The days we were all out smelt fishing.So I do hope this beach can be saved. Knowing progress I am sure it is going to be new homes and townhouses .. sad.. So many memories..
Hi… please note the owner(s) just recently removed the “beach is closed for repairs” signs and any other sign that indicated that at one time this beach was open to the public…
hi,
…fishing is great as are the waves. last weekend lots of people on the beach…
I live Morro Bay now But I take a couple of trips a year up to Half Moon Bay Growing up in El Granda My Dad took us to Martins Beach He would fish for stripe Bass and smelt There was alot familys that went to that beach Alot of good times at that beach Now on my trips to the area I cant even go down and take picture The one time I did make it down Some guy ask me for 15 bucks And run me off rude I would just like to go take a picture and injoy martins beach again
I spent alot of years fising at Martins beach and i am looking to go back! any suggestions on how i can sneak in? they can run me off if they want but ill keep going back.
FYI Gang – We’re holding a friendly gathering at the gate of Martin’s on Saturday, July 21st, at noon to protest its extended closure. Please come with a token of your favorite pastime (surfboard, smelt net, picnic) and signage to help get the message out. Press and media will be there and we hope to put some spark back into the “Open Martin’s Beach” campaign.
Martin’s Beach was a great escape from the “City” of Half Moon Bay. It sounds as if was everyone’s escape.
I can remember when my daughters were 2 and 4, how special it was to take them there. There was a store with an impressive seashell collection, pinnacles that touched the sky and secret caves at low tide. I caught the most perfect waves at Martin’s Beach, and for that, I am grateful.
Change can be difficult. Obviously the new owner has his own agenda.
The good thing is that people are directing their energy to keep the beach access open. With creative communication, it is possible to sway the owner to a compromise. Martin’s Beach should be treated with respect. Agressive attitudes to keep the access open begets an agressive landlord to keep it closed.
That girl knew how to keep her pussy happy.
Hate to be the bearer of bad news but that land has been privately owned since before CA was a state. The Treaty of Guadalupe Hildalgo upheld all land grants and supersedes the state constitution, as upheld by the CA Supreme Court.
That is one beach that does not have public access by right since before the founding of the state.