Another Carbon Beach Access Issue Is Brewing

BY BILL KOENEKER

Another battle between the California Coastal Commission and a Carbon Beach homeowner has broken out over vertical and lateral public access easements.
This one has quietly moved along, compared to the media attention that was stirred up when the coastal agency took on media mogul David Geffen, who fiercely fought the state agency over opening easements next to his Carbon Beach compound.
At its July meeting, the coastal panel approved a notice of violation issued to Lisette Ackerberg, declaring she violated the Coastal Act by allegedly allowing unpermitted development that obstructs vertical and lateral public access easements.
The commission found that Ackerberg allegedly installed riprap, a nine-foot high wall and placed a generator and associated concrete slab, fence and railing, planter, light posts and landscaping, which all allegedly violated the conditions of her permit, which requires vertical and lateral public access easements. The commission also issued a cease and desist order.
“The intermitted items completely obstruct public access within the vertical easement and partially obstruct access across the lateral easement, and the items are therefore inconsistent with the existing permits and the easements established to conditions of the existing permits,” a CCC staff report states.
Access for All accepted the offer to dedicate for the vertical easement in 2003 and now holds the legal easement, according to the commission staff. “AFA is ready to open and maintain the easement for public use. However, due to the presence of the unpermitted material and structures within the easement area, AFA cannot open the easement to the public, and thus the public is precluded from using the public easement to access the beach. The proposed cease and desist order would direct Mrs. Ackerberg to comply with the permits to remove the unpermitted items… thereby allowing AFA to open the easement to provide the valuable public access that the commission found was required when it authorized the construction of the current Ackerberg residence and seawall,” the commission staff report goes on to state.
Ackerberg indicated she was willing a assist in opening the Los Angeles County-owned easement located at 22548 Pacific Coast Highway but insisted she did not want to remove the development on her property.
According to a CCC staff report, negotiations went on for a couple of years and reached the executive director Peter Douglas, who along with the commission staff, continued to maintain they were unwilling to extinguish the existing public access easements on the Ackerberg property for assistance for opening the county-owned easement.
At this impasse, Douglas initiated enforcement proceedings too “finally resolve the violations and allow AFA to open and manage the easement.”
Ackerberg, through her attorney, continued to argue the targeted access on her property “has inherent limitations that seriously affect its utility to provide meaningful or viable public access,” and argued that the county-owned easement is a better solution for the public.
The coastal staff also noted county officials have repeatedly told them they do not intend to open any easement areas in the future beyond the 11 that are currently owned and operated by the county.
Consequently, the commission authorized both the notice of violation and the cease and desist order at its recent hearing.