A scenic bluff-top trail along the Dana Point Headlands has recently opened for daily access after being partially closed off to the public for nearly three years.

The trail was created in 2010 as part of a development agreement for building homes on the bluff over Strands Beach; it runs through the Dana Point Headlands Conservation Area. Before homes were built, the beach was private, but through the development agreement, it was dedicated to the public, and its trails and pathways were improved by the city. The city has an easement giving public access to the trail through the preserve.

From the trail, users get breathtaking views of the ocean and Catalina and San Clemente islands and a host of wildlife inhabits the area. The bluff-top trail connects with adjacent city and county trails, creating a 2.4-mile hiking loop. There is also a city owned and operated nature interpretative center on the bluff.

The Center for Natural Lands Management, a nonprofit group that manages the trail and owns the nearby preserve, began limiting public use of the trail to three days a week after closing it down in March 2020 during the early days of the coronavirus pandemic.

But Superior Court Judge Michael J. Strickroth, earlier this month, said that was a violation of the California Coastal Act because, by definition of the state Coastal Commission, anything that impacts public access is considered “development.” Changing the trail’s access would require a permit, he said.

Strickroth ruled in his preliminary injunction that the trail be open from 7 a.m. to sunset daily until final litigation in the matter is resolved. The trail was reopened on Nov. 4.

“This is a significant victory for the public,” Dana Point City Attorney Patrick Munoz said. “Not only does the ruling result in the trail being open after the public was denied meaningful access for three years, but it sends a clear indication that the city was correct in suing CNLM for violating the Coastal Act due to unauthorized development.”

The city first issued fines – a maximum penalty of $15,000 a day – against the group for denying public access starting in the summer of 2020, after the city had reopened its trails and beach areas following relaxed pandemic measures.

The Center for Natural Lands Management responded by filing a lawsuit against the city – it did not pay the fines.

In its initial November 2021 complaint, the group said the city “opened the locks on two gates to the preserve, using a key provided only for emergency purposes, and then chained and locked the gates open, thereby providing uncontrolled access.”

Dana Point then counter-sued in February for fines against CNLM adding up to $9.5 million. The city’s lawsuit over the non-paid fines continues, with the amount now adding up to almost $13 million, Munoz said.

CNLM’s role is to ensure that the biological resources of the Headlands are preserved in perpetuity and to prevent any use that could interfere with that. The Pacific pocket mouse – the smallest mouse in North America, first seen along the Headlands in the 1930s – and the California gnatcatcher have thrived in the area, studies have shown. There are only two other known locations for the mouse, and those are on Camp Pendleton.

On Monday, Nov. 14, Deborah Rogers, co-executive director of the nonprofit, said she is concerned by the increase in public access.

“Our organization, with input from the US Fish and Wildlife Service and California Department of Fish and Wildlife, revised the public access portion of our preserve management plan earlier this year in light of the large amount of scientific literature demonstrating impacts from the visiting public on wildlife and concern about the ever-increasing numbers of visitors to the Dana Point Preserve pre-pandemic,” she said, adding that the three days a week plan was done to reduce human impacts to wildlife and resources in the preserve area.

It appears the trail will remain open to the public for at least some time, neither Munoz or Rogers knew of any resolution or court action immediately expected.

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