Paradise Cove water treatment system wins city OK
Michele Willer-Allred, Staff Reporter6:49 am PDT May 20, 2020
A wastewater treatment system in Paradise Cove finally won approval, though some Malibu Planning Commission members are questioning how it got built in the first place without city officials’ knowledge, and what will be the penalties as a result.
The Planning Commission on Monday voted 4-0, with Commission Vice Chair John Mazza abstaining, to approve a coastal development permit on the project application by Paradise Cove Land Company LLC.
The item was continued from April 20, when the commission voted 3-2 to hold off approving the project. At that meeting, commissioners requested more information on the system, which is expected to replace an older wastewater treatment system serving both the 256-unit Paradise Cove Mobile Home Park and the Paradise Cove Beach Café at 28128 Pacific Coast Highway.
According to city staff, the Paradise Cove property has been subject to several directives by the Los Angeles Regional Water Quality Control Board to improve water quality related to off-site wastewater treatment.
A cease-and-desist order was issued to the company by the water board in 2016 and amended twice to extend the deadline to address those directives requiring the owners limit discharges by installing an upgraded wastewater treatment plant, which is the subject of the development permit.
The company commenced construction of the wastewater treatment system starting in 2017 to address the cease and desist order without receiving prior approval.
Since then, the city issued a stop work order on construction until the permit is approved.
The two existing systems are continuing to serve the mobile home park and the café, and will be discontinued when the new system is operating.
The new upgraded system, which includes a recycled water plant, a sludge and disinfectant building, and an underground pipeline, is not yet operational even though the majority of the work has been completed.
The peak capacity of the new upgraded wastewater treatment system is 100,000 gallons per day, an increase to the existing system, which also serves beach restrooms and an office building.
The project also included demolition of two existing on-site wastewater treatment systems once the upgraded system is running.
Planning Director Bonnie Blue said nothing was inspected before the new project was built, but inspections will be required by various agencies, including the city, before any approval is given to connect it to any utilities.
“That is the only reason it’s not operating today because the city has not authorized that utility hookup,” Blue said.
Planning Commission Chair Jeffrey Jennings said it would’ve been better if all of the inspections and permitting were done in proper order, but the new project is a solution to a problem that arose many years ago.
“And the solution is there. You can reach out and take it if you want it, or you can say you know what, we’re going to make you start all over again,” Jennings said.
Mazza referred back to the problem that Jennings was referring to. In that instance, a previous wastewater treatment system in the same location had a sewage spill, which resulted in a whole new plant.
“It was all approved and everything, and now it’s no good. We’re tearing it down and we’re building another one,” Mazza said. “So, that’s the main thing I’m concerned with. Is this one done the way it’s supposed to be?”
Commissioner Steve Uhring questioned how the city was unaware that the project was being built without approval, even though city officials were meeting with the applicant.
“There’s got to be a way to fix that, because this is wrong and this should not be how we are working as a city. I would like to know what went wrong and how we’re going to fix it,” Uhring said.
Commissioner Chris Marx wanted to know if the project is “fail-safe?” Blue responded that the system design is in accordance with all city codes and requirements, and that other agencies require other requirements that have to be met.
Barbara Bradley, a project representative, said the project is heavily regulated and monitored.
Steve Dahlberg, representing the Paradise Cove Land Company, said the old plant was adequate, but not ideal.
“It is 15-plus years old, but the primary reason for this was the regional water quality control board coming to us asking or requiring that we revise our waste discharge requirements and achieve a higher level of treatment,” Dahlberg said.
Mazza also questioned what would happen if the existing seepage pit exceeds the existing flow of 85,000 gallons per day. When Bradley responded that tanks at the beach café get pumped out in advance of large weekend crowds, Mazza asked if that is in accordance with the city ordinance only allowing it to be pumped out only twice in six months.
Mazza said that he understood that the staff and other planning commissioners wanted the item approved, but he had reservations.
“What I’m very nervous about is the same thing that happened 15 years ago, where we got certified by the city saying yeah, it works, this is wonderful, we no longer have sewage running in the ocean. And now we get a violation notice,” Mazza said.
Mazza requested that the permit terms should include system inspection in perpetuity every summer, and that the findings from those inspections be reported to the city.
“All I want is a report back that (city inspectors) actually (did) their job,” Mazza added.
Uhring also asked if there was a penalty for the applicant having built the project without a permit.
Assistant City Attorney Trevor Rusin said it’s an active case right now, and will be prosecuted by both the city and potentially by the Coastal Commission.
“I would imagine there are going to be significant consequences yet to come to resolve the violations in place there,” Rusin said.
New water tank also given initial approval
The Planning Commission voted unanimously to direct staff to return with a resolution approving a conditional use permit for the replacement of an existing 300,000-gallon water tank with a new 385,000-gallon water tank at 5723 Busch Drive.
The tank, which provides potable water to more than 300 homes and feeds dozens of fire hydrants within the city, is located in a rural residential area which was largely affected by the Woolsey Fire. The existing tank was built in 1947 and needs to be replaced, according to city staff. The new tank is designed with elements to make it more earthquake safe, and a portable generator stationed there so water pumps will continue to work during power outages.
Several residents said the tank would be too large and may block views.
The commission added amendments to the permit, including that the tank must be dark-sky compliant, an existing bathroom at the site will stay in place, foliage will be removed from in front of a fence, and an energy transfer switch will be required.
The item will be on the consent calendar at the commission’s next meeting.