State agency threatens fines over Martin’s Beach: California Coastal Commission seeks $11,250 a day after gates ordered open

The California Coastal Commission sent a letter to Martin’s Beach LLCs Monday threatening to use its newly acquired authority to levy penalties of up to $11,250 per day should the gate remain closed.

If Khosla, who bought the remote property for $32.5 million in 2008, opts to ignore the commission, he could face millions of dollars in penalties.

“We take it very seriously and the public has come to expect access to the beach as a basic right in California,” said commission legislative director Sarah Christie. “We’re always more than willing to work cooperatively to implement those policies, but when that’s not possible, we’re also more than willing to do whatever’s necessary to protect the public’s interest.”

The commission can issue the daily fines for each violation for up to five years but, would likely date back to Sept. 19, 2011, when the commission issued its first notice to the property owner. According to the commission’s letter, violations stem from the gate being closed, placement of signs deterring access, painting over a historical sign identifying the beach to the public, pursuing trespassing enforcement against public visitors, hiring private security guards and more.

The Surfrider Foundation was successful in its lawsuit against Martin’s Beach LLC from which Superior Court Judge Barbara Mallach issued her formal ruling Friday that closing the gate and putting up no trespassing signs constituted unpermitted development and violated the California Coastal Act. Although Mallach agreed with most of Surfrider’s claims, she refused to issue any penalties.

Attorney Joe Cotchett, who represented Surfrider, said he wasn’t surprised the gate remained closed and anticipates Khosla will appeal his orders.

“Clearly we will continue this case until that gate is opened and the public has full access as they’ve had for the past 75 years. His threat, the defendant’s threat, to take this case to the Supreme Court does not deter us,” Cotchett said.

Khosla’s attorney did not return a request for comment.

Mike Wallace, a Surfrider spokesman and Half Moon Bay surf club coach, said Khosla is a businessman and should take the commission’s letter as an opportunity.

“[The letter] reflected something we’ve been saying all along, it’s that we’re willing to do something in good faith that’s reasonable for the property owner and the public. But reasonableness has not been part of the owners MO and he has another opportunity to do the right thing before enforcement action becomes necessary,” Wallace said. “Personally, I think he would want to take a less costly route and bury the ego a little bit.”

While the commission is dedicated to the Martin’s Beach case, Christie said similar letters with threats of using the state agency’s new authority to issue fines have been sent to others in violation of the Coastal Act.

“It’s been working well. We’ve gotten some good early voluntary compliance so really it’s working, the administrative penalty authority, although we haven’t assessed any fines,” Christie said. “Under the statute, we’re required to give the property owner 30 days voluntary cure period. So if the violation can be resolved within that period of time, then they will avoid the possibility of administrative penalties.”

The commission was afforded the ability to levy its own fines, instead of having to ask the attorney general to file charges, as part of a budget trailer bill Gov. Jerry Brown signed in June.

Monday’s letter is just the first step in a long process and should the property owner fail to remedy the violation, commission staff must prepare to go before the commission for approval to implement fines, Christie said.

Even on an overcast Tuesday morning, visitors pulled over and hopped the gate to visit the beach that’s gained incredible notoriety. Despite some ignoring the signs and walking to the beach from Highway 1, Wallace said he agreed with the commission’s affirmation in its letter that keeping the gate closed deters visitors and prevents those with physical limitations from experiencing what was once opened to the public for more nearly 100 years.

“We need to find a reasonable solution and it’s long long overdue, after wasting a lot of resources. But I’m very gratified that Judge Mallach and the Coastal Commission have come together at this juncture and made a very serious claim to get this resolved,” Wallace said. “I think it’s a really important issue, a litmus test for coastal access for more than just here; which is why I think people took it seriously.”

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