Commission steps up fight as Khosla refuses to open Martins Beach access

Surfer Danson Drummer of Mill Valley gazes out at the ocean from Martins Beach. Surfer Danson Drummer of Mill Valley gazes out at the ocean from Martins Beach. Photo: Michael Short / Special To The Chronicle / / Photo: Michael Short / Special To The Chronicle / / Image 1 of / 1 Caption Close Commission steps up fight as Khosla refuses to open Martins Beach access 1 / 1 Back to Gallery

The California Coastal Commission plans to issue a cease-and-desist order to Silicon Valley billionaire Vinod Khosla, who has refused to provide public access to Martins Beach south of Half Moon Bay despite a state appeals court’s ruling in August that he had no right to block access through his property.

In a letter dated last Thursday and released Tuesday, the Coastal Commission ordered Khosla, a co-founder of Sun Microsystems, to remove a gate and guards blocking a route to the beach along with signs reading, “no trespassing” and “beach closed.” John Ainsworth, the commission’s executive director, wrote that he will seek the court order and fines against Khosla.

Khosla could face fines of $11,250 a day, or more than $4 million a year, for every violation of the state’s Coastal Act, commission officials said. Khosla and his attorneys did not return phone calls Tuesday.

The letter is the latest development in a fight that may be far from over. On Aug. 10, a state appeals court reaffirmed a 2014 ruling by a San Mateo County judge who ordered Khosla to yield public access to the beach.

“We were surprised and disappointed they didn’t respond to the court decision by opening the gates to Martins Beach,” said Lisa Haage, chief of enforcement at the Coastal Commission. “We want to encourage and work with them to do so as soon as possible, and this is a step to achieve that. We would hope, however, they would do so voluntarily.”

Khosla bought the land around Martins Beach for $32.5 million in 2008. In September 2010, he shut the public access gate to the beach, citing the costs of maintenance and liability insurance. The Surfrider Foundation, a nonprofit group that works to protect beaches and access to them, sued Khosla after he shut the gate, setting off the legal battle.

The previous owners had admitted the public for at least 70 years.

Evan Sernoffsky is a San Francisco Chronicle staff writer. Email: esernoffsky@sfchronicle.com Twitter: @EvanSernoffsky