Owner Of Cement Lot At Civic Center Sues City To Connect To Planned Sewer, Plans Big Development Next To Egret Pond

Written by on May 15, 2020

The owners of a vacant lot at the Civic Center have sued the city … demanding that they be allowed to connect to phase two of the Civic Center sewage plant.

The owners plan to build residences … offices and shops on the land.

You might know this land by sight . it’s the large piece of land that looks like it was paved with concrete … off Civic Center Way Stewart Ranch Road.

That cement environmental disaster is a whole other story.

But here is the history.

10 years ago … the state water board ordered Malibu to build a sewer system at the Civic Center area.

All the landowners would have to pay for it.

The owner of this particular piece of land … in the heart of the Civic Center … said they did not want to build anything … so the state banned construction there and the city excluded the big lot from the sewer district.

Flash forward eight years.

The owner of the land — Jerry Perenchio — died.

The land was sold to Third Point Development … and they are taking the gamble that they can get plans approved to build residential units … offices and shops on the parcel.

Remember … they cannot do that under the state water board order … unless the city lets them into the second phase of the sewer project.

The city said no … too many landowners want in to the sewer plant … there might not be enough capacity.

Third Point Development sued the city … they said the State Water Board order deprives them of use of the land … despite the previous owner saying he did not want to connect to the city sewer system. 

The city attorney says the city will probably win the lawsuit … but she asks … to what end?

She says allowing Third Point into the sewer district will widen the tax base.

But that would not NOT confer any land use entitlements.

The land would still be subject to the requirements of the General Plan, LCP, zoning ordinance, and environmental constraints of the subject property.

Part of the lot is mapped as a wetlands … the egret pond next to the Civic Center Way hillside.

The rest was coated in concrete — illegally — by Southern California Edison during the 2019 floods.

The entire matter goes before the city council in 10 days.

If you want the details, here is the city staff report:


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