Public Access Victory in Malibu - First Civil Penalty from California Coastal Commission

When it comes to natural resources, few violations offend more than individuals making money by illegally taking what belongs to the public. Blocking coastal access is theft from the beginning. People who deny California residents and visitors the right to immerse themselves in the joy of the beach are stealing a priceless experience guaranteed by our Coastal Act. This is why the California State Legislature, in 2014, granted the Coastal Commission the power to penalize coastal access violators with fines of up to $11,250 a day. 

For nine years, Dr. Warren Lent, a Beverly Hills plastic surgeon, committed willful and extended disregard of the Coastal Act providing Commissioners with the first opportunity to levy the never-before-used fines. By doing so, Commissioners affirmed their commitment to the Coastal Act, the public and their own enforcement staff, who had suggested a fine of $950,000. Given the severity of the violations, Surfrider advocated that the full penalties of $8.4 million be levied. Success sets a precedent warning violators throughout the state that the public right to access is taken seriously. 

At the Coastal Commission's November 2016 hearing, the Commission issued a $4,185,000 fine for blatant violation of the Coastal Act for several years. The propertyowners have an easement requirement for a 5-foot wide public accessway to the beach on one side of the property. However, instead of a public accessway, there is a gate, private stairway and a deck blocking public access to the easement area, all of which are unpermitted by the CCC.  The propertyowners even rented out the house as a vacation rental and advertised it as a “private beach” for over $1,000 per night. Meanwhile there is no public access to the beach near the Lents’ property, which is part of a three-mile stretch of the coast with no nearby public access.

The Lent's took this decision to court. The California Appellate Court handed down a strong ruling in favor of beach access, defending the Coastal Commission's fine. The Lent's appealed the case up to the California Supreme Court. The California Supreme Court denied the case on July 21, 2021. The Court closed with favorable precedent for large Coastal Commission fines for beach access violations - a huge win for public access in Malibu for all those who enjoy California's beaches! For more information on the court ruling victory, check out our victory page!

For more information, see Surfrider's blog posts:

Keeping Malibu’s Beaches Open for Public Access

Court Victory for Beach Access Rights in California Lent Case