Alberstone

Alberstone v. California Coastal Commission

Good Law
169 Cal. App. 4th 859·2008 Cal. App. LEXIS 2471·86 Cal. Rptr. 3d 883
Court of Appeal of CaliforniaDecember 29, 2008B202008California2,895 words

Opinion

Opinion

Bigelow, J.

Daniel Alberstone and Lisa Ogawa appeal from the denial of their petition for writ of mandate, which sought to compel the California Coastal Commission (the Commission) to hear de novo their neighbor’s application to develop the vacant lot next to appellants’ home in Malibu. We affirm.

FACTS

Appellants own a home located at the end of Escondido Beach Road in Malibu. On November 8, 2004, real party in interest Jeff Stibel applied to the City of Malibu (the City) to build a 3,578-square-foot single-family beachfront home on the vacant lot next to appellants’ property, plus a 457-square-foot garage, an alternative onsite septic system, and a bulkhead on the sandy beach. During the application process, a question arose as to whether Stibel’s land consisted of one or two parcels. A previous owner applied to the Los Angeles County Assessor to consolidate the parcel numbers, but a permit was never issued by the Commission.

Appellants met with the City staff throughout 2005 and submitted correspondence outlining their objections to the development. In a letter dated January 23, 2006, appellants objected to the development on the grounds it violated the City’s Certified Local…

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