Judge orders billionaire to open gate to Martins Beach

A view of the unused beach and community at Martin's Beach in San Mateo County, Calif., on Wednesday, September 24, 2014. A judge ruled on Wednesday, that property owner Vinod Khosla has to reopen the road that provides public access to the public beach. less A view of the unused beach and community at Martin's Beach in San Mateo County, Calif., on Wednesday, September 24, 2014. A judge ruled on Wednesday, that property owner Vinod Khosla has to reopen the road that ... more Photo: Carlos Avila Gonzalez, The Chronicle Photo: Carlos Avila Gonzalez, The Chronicle Image 1 of / 8 Caption Close Judge orders billionaire to open gate to Martins Beach 1 / 8 Back to Gallery

The billionaire owner of a Peninsula beach was ordered Friday by a San Mateo County judge to open the gates to the sandy haven, which he insists is his exclusive property.

Judge Barbara Mallach issued her final order in the contentious case, specifically telling venture capitalist Vinod Khosla that he had to reopen the gate to popular Martins Beach, a crescent-shaped inlet 5 miles south of Half Moon Bay.

Khosla, who closed the gate four years ago, was told by the court in July that his failure to obtain a permit before blocking access to Martins Beach was illegal. Khosla, however, argued in legal briefs after the trial that he did not believe he had to open the gate until after he had made an application to the Coastal Commission and he had been told by commission authorities to do so. The gate has been closed since the trial ended five months ago, but surfers and other beachgoers have been walking around it.

Mallach said in her final judgment Friday that Khosla was wrong and that he had to immediately open the gate, said Joe Cotchett, lead attorney for the Surfrider Foundation, which filed a lawsuit demanding public access.

“It has been a long struggle, but the public access has been preserved thanks to our judicial system,” Cotchett said.

Khosla paid $32.5 million in 2008 for the property, which includes 45 leased cabins along the coastal cliffs. He closed the only public access gate in September 2010, citing the high cost of maintenance and liability insurance. Surfrider sued last year, arguing that the sandy shoreline had been open to all comers since at least 1918 and belonged to the public.

The founder of Khosla Ventures and co-founder of Sun Microsystems Inc. characterized the lawsuit as a dishonest attempt to wrest control of his property.

The court’s preliminary judgment in July said Khosla’s decision to change a billboard along Highway 1, add signs to the gate and hire security guards to deter the public from reaching the coast constituted development under the law. The final judgment specifically addressed the gate issue. Khosla could now face a contempt-of-court order if it remains closed.

“If Mr. Khosla does not open the gate immediately to the public we will take the appropriate legal action,” Cotchett said.

The beach battle has focused national attention on California laws that are supposed to guarantee public access to coastal areas. The 1972 California Coastal Zone Conservation Initiative, which created the 12-member California Coastal Commission, and the California Coastal Act, passed in 1976, prohibit homes or developments from blocking access to beaches. They essentially make the entire coast, including all beach property below the mean high-tide line, public property.

Peter Fimrite is a San Francisco Chronicle staff writer. E-mail: pfimrite@sfchronicle.com. Twitter: @pfimrite.