CCC backs down on tavern pier

05/23/2013

The California Coastal Commission has removed what the East Bay owners of the Marshall Tavern see as the “most egregious provision” of their coastal permit, which is the subject of an ongoing lawsuit, the property’s attorneys said. Tavern owners Daniel Altman and Avi Atid say they can continue with their project to revive the dilapidated 19th century building as a six-unit bed-and-breakfast now that the commission has removed a requirement to expensively and hazardously remove dozens of pilings that have been in the bay since the 19th century, according to the Pacific Legal Foundation, a property rights group representing the owners pro-bono. The tavern’s owners sued the commission on February 8. Although not all of their problems have been addressed by the coastal commission—such as allowing night-and-day public access to parts of the property that could interfere with guest privacy—they now intend to drop the lawsuit. In a staff memo the commission said amending the permit will “enhance public recreational access opportunities” because the property owners intend to provide a public viewing area and boating access to the pier.