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Wednesday, February 20, 2013

CCC May Amend Ackerberg Order

• Subsequent Rulings Affirm State Agency Actions

BY BILL KOENEKER

The California Coastal Commission is slated to hold a public hearing in San Diego next month and take action on a proposed amendment to a previously issued cease and desist order to modify existing language of the order to address Coastal Act related claims, including the removal of unpermitted development directed to Lisette Ackerberg in her individual capacity and as trustee of the Lissete Ackerberg Trust for property located at 22466 Pacific Coast Highway and 22500 PCH.
The cease and desist order was previously issued and upheld by the courts for attempts to block vertical and lateral public access easements and ordered the easements to be opened up by removal of unpermitted development on them.
An appellate court upheld the legality of the Coastal Commission’s cease and desist order of Ackerberg’s alleged attempt to forestall the Carbon Beach Coastal Accessway
Ackerberg, a Carbon Beach homeowner, lost her appeal to stop the opening of the accessway adjacent to her property when a state Court of Appeal upheld the action by the Coastal Commission that will ultimately “provide new public access to Carbon Beach.”
The Second District Court of Appeals had affirmed a Superior Court decision that the coastal agency properly ordered the Lisette Ackerberg Trust to remove unpermitted development blocking a public access easement on Ackerberg’s property including a nine-foot-high wall across the accessway, large boulders, a concrete slab and generator, fence and more.
The permits issued for building the Ackerberg mansion required the property owner to record two public access easements across the property.
For years, the coastal agency contends it attempted to work with Ackerberg to resolve the alleged violations, but those efforts never produced the results sought by the state agency.
CCC officials say when the beach pathway is opened, it will provide the third accessway to a 1.5 mile stretch of sand halfway between Zonker Harris Accessway and the Carbon Beach East Accessway. Both of those accessways resulted from earlier coastal agency permit conditions.

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