Consent Agreement to Resolve La Costanera Coastal Act Violations
Wednesday, March 1, 2017 at 7:08PM
Lisa Ketcham

If approved by the Coastal Commission at their 3/9/2017 meeting, a Consent Agreement signed by the property owners, A&G LLC, will hopefully resolve long-standing Coastal Act violations at La Costanera restaurant, located at Montara State Beach.

Conditions of the 1977 Coastal Development Permit for the restaurant were designed to protect public access to and use of Montara State Beach by limiting the commercial use of the site.  The non-compliance includes conducting various unpermitted activities that increase the capacity and use of the restaurant, such as operating the restaurant during restricted, peak beach-use times (prior to 5:00 PM) and construction of an unpermitted 1,276 sq. ft. and a 850 sq. ft. patio addition to the restaurant.

Through the Consent Agreement, the owners agree not only to address the impacts of the unpermitted development, but also to provide improvements to public access, including enhanced public trails, a public viewing area, and interpretive and directional signage (including at entrances to parking lots which state “Public Beach and Restaurant Parking”).  They will also pay a $500,000 penalty in three installments over two years, to resolve their civil liabilities under the Coastal Act. The funds will be deposited in the State Coastal Conservancy Violation Remediation Account to be used for projects such as improving public coastal access, protecting natural lands and open space, restoring coastal wetlands, completing regional trails, and preparing for climate change.

The owners agree to remove the unpermitted 850 sq. ft. upper patio, retaining wall, and restore the natural slope.  They will apply for a CDP Amendment for the 1267 sq. ft. lower patio, glass windscreens and fire pits.  Any patio use by restaurant patrons prior to the issuance of the CDP Amendment and satisfaction of all imposed conditions shall constitute a violation of the Consent Agreement and result in penalties of $500 per day per violation.  Future violations of authorized restaurant hours (after 5PM) or use in excess of authorized capacity (189) shall result in additional penalties of $10,000 per day per violation.  (staff report - MCC comment - prior post)

UPDATE 3/9/17: At the CCC hearing today, all public comment, including the restaurant representative, spoke in support of the Consent Agreement, which was unanimously approved by the Commission.

UPDATE 4/12/17: MCC comment/presentation on deteriorating riprap protecting the restaurant at Montara State Beach

Article originally appeared on MCC (http://www.midcoastcommunitycouncil.org/).
See website for complete article licensing information.