2009 Carbon Beach Appeal Makes Its Way to Coastal Commission

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California Coastal Commission

An appeal regarding Hard Rock Cafe co-founder Peter Morton filed in January 2009 appeared on the Nov. 9 Coastal Commission meeting agenda, though it wasn’t immediately clear why the appeal had taken eight years to find its way before the commission—long after the issue was resolved. Issued by former coastal commissioners Sara Wan and Mary Shallenberger, the appeal was originally made to contest the lack of a view corridor on the Carbon Beach property.

The City of Malibu states that the applicant must provide the public with a view corridor, the size equivalent to at least 20 percent of the lot. However, the city requested an amendment to the permit in this case—the property owner (Morton) would provide an offsite view corridor, greater than 25 percent of the original lot. Morton, instead, donated $1 million to the City of Malibu, which went toward Legacy Park, providing a greater public benefit. 

These were among the steps Morton took to keep his property; the former commissioners could not withdraw their appeal after the issue was resolved because they had left. 

Commissioner Dayna Bochco quipped that she was more familiar with the case seven years ago, causing laughter among fellow commissioners. 

Coastal Commission found “no substantial issue,” dismissing the appeal with a unanimous vote.