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Wednesday, March 20, 2013

CCC Finalizes Beach Access Order

BY BILL KOENEKER

The California Coastal Commission at a public hearing in San Diego this month took the final action on a consent agreement and cease and desist order on a proposed amendment to a previously issued cease and desist order concerning 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 and 22500 Pacific Coast Highway.
The cease and desist order was previously issued and held up by the courts for attempts to block vertical and lateral public access easements and ordering the easements to be opened up by removal of unpermitted development on those easements.
The consent agreement and order requires Ackerberg to remove the unpermitted development from public access easements on the property, construct a public accessway and pay for the operation and maintenance of the public accessway for 10 years, in addition to paying fines and penalties to resolve Ackerberg's civil liabilities, according to CCC documents.
The order agreed to by Ackerberg in the consent agreement also requires her to pay the Mountains Recreation and Conservation Authority $35,000 a year for ten years to cover the costs of operating and maintaining the vertical accessway and pay another  $350,000 to the violation remediation account to go toward the improvement, enhancement and maintenance of public access elsewhere in Malibu.
Ackerberg must also pay $160,000 for each year or proportional amount for any fraction of a year through the date when the public access is open and pay $170,000 as a full, complete and final reimbursement to the commission for all attorney’s fees and costs.
An appellate court upheld the legality of the Coastal Commission’s cease and desist order of Ackerberg’s attempt to forestall the Carbon Beach Coastal Accessway
Ackerberg 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 violations, but those efforts never produced the results sought by the state agency.

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