RPVCCA_CC_SR_2012_07_17_C_Terranea_Resort_30in_Limit_Roadway_&_Median_VegetationCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYO~CITY C NCll MEMBERS
JOEL ROJAS,AICP,UNITY DEVELOPMENT
DIRECTOR
JULY 17,2012
TERRANEA RESORT -FOllOW-UP REPORT
ON THE 30-INCH HEIGHT LIMIT FOR ROADWAY
AND MEDIAN VEGETATION
REVIEWED:CAROLYN LEHR,CITY MANAGER C19--I.
Prepared By:Ara Michael Mihranian,Deputy Community Development Directo~
RECOMMENDATION
Receive and file a follow-up report on the effectiveness of the Council approved
Condition that increased the maximum height limit to 3D-inches for any vegetation that
grows along the median and parkway of Palos Verdes Drive South adjacent to the
Terranea Resort.
BACKGROUND:
According to the Conditions of Approval and the Maintenance Agreement,Terranea is
responsible for maintaining the parkway and median vegetation along Palos Verdes
Drive South.On June 21,2011,the City Council conducted a 6-month review of the
applicant's compliance with and adequacy of the Council adopted Conditions of
Approval.for the Terranea Resort.At the June 21 st meeting,Terranea requested that
the Council consider amending the Conditions to increase the maximum height limit of
the vegetation,comprised of coastal sage scrub habitat,along the parkway and median
of Palos Verdes Drive South,to improve the viability of the habitat.After hearing public
testimony both for and against the proposal,the City Council adopted Resolution No.
2011-48,that among other things,amended Condition No.100 allowing an increase to
the maximum height limit of any vegetation in the roadway from 12-inches to 3D-inches.
However,in response to concerns from some members of the public that the vegetation
height increase may adversely impact view corridors established by the City's Coastal
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Specific Plan,the Council directed Staff to report back in one year on the effectiveness
of this Condition.
DISCUSSION
The vegetation in the public parkway and median that fronts the Terranea Resort is
comprised of coastal sage scrub,a sensitive habitat protected by state and federal laws.
The coastal sage scrub was required to be planted by the Coastal Commission as part
of the project's original approval.The coastal sage scrub is depicted as a Roadway
Habitat Enhancement Area on the project's approved Landscape Plans.Council
amended Condition No.100 now allows the vegetation in the parkway and median
along Palos Verdes Drive South,adjacent to Terranea,to grow up to 3D-inches in height
rather than the previously required 12-inch height limit.This is because both the
Coastal Commission's biologist and the applicant's biologists stated that habitat could
not successfully thrive at a 12-inch height limit.In doing so,the Council directed Staff to
monitor to effectiveness of the amended conditions to ensure ocean views from the
public roadway are not adversely impacted by the 30-inch height.
Pursuant to the Council's directive,City Staff worked closely with representatives from
Terranea to ensure that the roadway vegetation was trimmed and maintained at the
new maximum height of 3D-inches.During the past year,the roadway vegetation was
trimmed by Terranea's maintenance crews on at least four different (quarterly)
occasions throughout the year.Because of the sensitive habitat,any trimmings during
the gnatcatcher breeding season (February 15th through August 31 st)can only occur
after the vegetation is surveyed by a biologist for active nests.
Based on Staff's observations,maintaining the roadway vegetation at 3D-inches has not
adversely impacted ocean views from the public roadway.Staff believes that the 30-
inch height limit for the roadway vegetation strikes a balance between preserving ocean
views and preserving the viability of the habitat,as mandated by the Coastal
Commission's conditions.As such,Staff does not recommend any further amendments
to the maximum height limit for the roadway vegetation.
It should be noted that following the June 21,2011 Council meeting,Coastal Staff
indicated that if at some future time the Council decides to allow the sage scrub to be
trimmed to a height of less than 30 inches it would threaten the viability of the coastal
sage scrub and would trigger an amendment to the Commission's Coastal Development
Permit which would not be supported by Coastal Staff.
ADDITIONAL INFORMATION
Public Notification
Although this item is not a scheduled public hearing,City Staff informed the public of
this agenda item by updating the Terranea Homepage on the City's website and by
issuing a list-serve message to the Terranea subscribers.Since the July 5th Council
meeting,no public comments have been submitted to City regarding this matter.If
public comments are received subsequent to the transmittal of this staff report,they will
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be provided to the Council at the meeting as late correspondence.
CONCLUSION
Based on the foregoing discussion,Staff recommends that the City Council receive a
file this status report on the roadway vegetation with no further amendments to the
Conditions of approval.
ATTACHMENTS
•June 21,2011 City Council Minutes Excerpt
•July 5,2011 City Council Minutes Excerpt
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City Clerk Morreale reported that notice of the public hearing was duly ublished,no
written protests received,and there were no requests to speak on thO em.
Mayor Long declared the public hearing open.
Senior Administrative Analyst Ramezani provided a bri
There were no requests to speak.
Mayor Long declared the public hearing clo
Councilman Stern moved,seconded ouncilman Wolowicz,to:1)Approve the
maximum permissible rates that U'rsal Waste Systems,Inc.can charge single-
family automated curbside custo rs in FY 11-12.These maximum rates to match
EDCO Disposal Corporation's gle-family automated carts maximum rates;
2)Approve the maximum p issible rates that Universal Waste Systems,Inc.can
backyard and manure customers in FY 11-12;and,
3)Match Universal W Systems,Inc.'s distribution of Collector Fee and
Environmental Fee centages among City funds,to EDCO Disposal Corporation's
approved distribu .percentages.
sed on the following roll call vote:
Misetich,Stern,Wolowicz,and Mayor Long
Campbell
None
Terranea Resort and Spa - 6 Month Review of Conditions of Approval and an
Amendment to the Public Amenities Plan to Allow the Installation of a Pelican
Sculpture at the Public Park
City Clerk Morreale reported that notice of the public hearing was duly published,written
protests were included in the staff report and late correspondence distributed prior to
the meeting,and there were 10 requests to speak on this item.
Deputy Community Development Director Mihranian provided a staff report regarding
the item.
Discussion ensued between Council Members and staff.
Mayor Long declared the public hearing open.
City Council Minutes
June 21,2011
Page 10 of 18
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Bob Mucha,Rancho Palos Verdes,stated that there should be no wildlife habitat in the
median and curbside roadway sections from Terranea Way to the east end of the
Fisherman's Access Parking Lot;the wildlife migration path is a narrow funnel area
flanked by the west end of Terranea Golf Course and the east end of the Fisherman's
Access Parking Lot;and although the Coastal Commission condition states that the
plant species are to be predominantly coastal sage scrub plants,that could include a
mix of sage and deer grass.
Bob Lowe,Rancho Palos Verdes,stated that Terranea Resort was pleased and proud
of the two-way partnership with the City and residents of the entire Peninsula,noting
that Terranea Resort supports multiple community organizations and many local
charities.He reported that Terranea Resort has benefited from the partnership with the
community,and during the initial two-year period has paid $5 million in Transient
Occupancy Tax and approximately $1 million in additional taxes to the City.He
continued.that as reflected in the staff report,there have been almost no issues
regarding the operating conditions of Terranea,and noted that Terranea supports the
biologist's recommendations regarding the coastal sage scrub native habitat along
PVDS,but will comply with Council decision regarding that matter.He reported that he
appreciated the City's cooperation in allowing Terranea's associates the use of the City
parking lot on a few occasions each year when parking issues arise due to activities at
the Resort.He reported on the recognition,multiple awards,and the Four Diamond
Rating by Automobile Club of Southern California (AAA)received by Terranea Resort
for its hotel facility and golf course.
Dave Emenhiser,Rancho Palos Verdes,President,Sea Bluff Homeowners Association
(HOA),stated that he was present to speak in support of the Terranea Resort,and
highlighted various examples regarding Terranea Resort's cooperation as a good
l<neighbor.
Sharon Yarber,Rancho Palos Verdes,stated that she supports the enhancement of
Terranea Resort to the community and inquired if the Coastal Commission has weighed
in on the botanist's recommendations regarding the adequate height and density of the
coastal sage scrub plants.
Deputy Community Development Director Mihranian noted that the Coastal Commission
is in agreement with the biologist's recommendations.
Bob Nelson,Rancho Palos Verdes,stated that his HOA is a neighbor of Terranea
Resort and suggested that Council consider the use of the Palos Verdes Peninsula
Land Conservancy on an annual basis to review the height of the native plants to
determine if there are view obstructions caused by the habitat.
Edward Stevens,Rancho Palos Verdes,stated that the coastal sage shrubbery will
block the view of the Terranea Resort and the ocean and suggested that a second
City Council Minutes
June 21,2011
Page 11 of 18
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biologist be consulted regarding the height of the native plants.He opined that birds will
not migrate across the busy street or nest in that area due to the traffic of automobiles,
bicycles and pedestrians.He read from the Coastal Commission general provisions
regarding the maintenance of views through the view corridors and suggested a
continuance of the matter for additional research.
Lenee Bilski,Rancho Palos Verdes,requested a continuance of the item to allow further
time for the public to comment on the height of the habitat and conditions of approval for
the development.She stated that the general provisions of the Coastal Commission
conditions noted that planting will maintain views from PVDS along the bluffs through
the view corridors,the landscape plan could be revised,and there were approximately
100 varieties of coastal sage scrub.
AI Sattler,Rancho Palos Verdes,stated that the height of the natural habitat in the
PowerPoint slides seems to only obstruct the view of the Terranea Resort and not the
ocean and commented on possible times and height of trimming of the coastal sage
scrub.
RECESS AND RECONVENE:
Mayor Long called a brief recess from 9:27 P.M.to 9:35 P.M.
Discussion ensued between Council Members and staff.
Councilman Wolowicz moved,seconded by Councilman Stern,to:1)Receive and file
the 6-month review of the compliance and adequacy of the Council adopted Conditions
of Approval for the Terranea Resort and Spa with direction to the applicant to take the
following actions:a)Install additional trail markers along the Bluff Top Trail and b)Install
additional trail markers along the Bluff Top Trail;and,b)Install an additional mutt mitt
station at the trail entry point of Nantasket Drive;2)Direct Staff to bring back a
Resolution for adoption at its July 5,2011 meeting amending Condition No.1 00 to
increase the maximum permitted height of vegetation along Palos Verdes Drive South
from 1-foot to 3D-inches;amending Condition Nos.78 and 79 to establish a time period
for trimming the vegetation along Palos Verdes Drive South;and making any other
amendments to the conditions of approval directed by the City Council as a result of this
6-month review;and,3)Approve,via minute order,an amendment to the Council
adopted Public Amenities Plan to allow the installation of a Pelican Sculpture donated to
the Palos Verdes Peninsula Land Conservancy by the Ginsburg family at the Terranea
public park adjacent to the Fishing Access Parking Lot.
Mayor Pro Tem Misetich requested a split vote on the motion regarding the height of the
habitat.
City Council Minutes
June 21,2011
Page 12 of 18
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Mayor Long offered a friendly amendment to adopt staff recommendation regarding the
height of the native habitat to be at 30 inches with a review of the condition after 1 year.
The maker and seconder of the motion accepted the friendly amendment.
Mayor Pro Tern Misetich stated that he would like a split vote on the motion regarding
the height of the native habitat to be no higher than 24 inches to maintain a better view
corridor.
Mayor Long declared the public hearing closed.
Mayor Long reiterated the first motion as the adoption of staff recommendation No.2
regarding the height of the native habitat to be at 30 inches with a review of the
condition after 1 year.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Campbell,Stern,Wolowicz,and Mayor Long
Misetich
None
None
The motion regarding staff recommendation Nos.1 and 3 passed on the following roll
vote:
City Attorney Lynch added that a resolution commemorating Council's action will be
placed on the next Council agenda.t
AYES:
NOES:
ABSENT:
ABSTAIN:
Campbell,Misetich,Stern,Wolowicz,and Mayor Long
None
None
None
Code Amen t Initiation Request to Allow Ancillary Residential Use
within Commercia Districts (Case No.ZON2011-00089);Applicant:Paris
Zarrabian (Golden Cove .Property Address:Citywide
City Clerk Morreale reported that there was ","_iWJuest to speak regarding this item.
Associate Planner Mikhail presented a staff report regarding,"""lIIiII.c.m.
City Council Minutes
June 21,2011
Page 13 of 18
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Approved the Fourth Amendment to the City Manager's Employment Agreement.
#######
ITEM REMOVED FROM THE CONSENT CALENDAR:
Terranea Resort and Spa -Revision "P"to Conditional Use Permit No.215,et.al.
As there was no request for a staff report,Mayor Long asked for the speaker regarding
this item.
Sunshine,Rancho Palos Verdes,stated that the proposal was for the coastal sage
shrubbery to be allowed to grow to 30 inches in height in order to preserve a critter
corridor a.long Palos Verdes Drive South.She opined that the habitat could be trimmed
to 1 foot high in the median to preserve views.
Councilman Stern moved,seconded by Mayor Long,to:ADOPT RESOLUTION NO.
2011-48,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES,APPROVING REVISION 'P'TO CONDITIONAL USE PERMIT NO.
215,ET.AL.BY AMENDING THE ADOPTED CONDITIONS OF APPROVAL AS
FOLLOWS:1)AMEND CONDITION NO.1 00 TO INCREASE THE MAXIMUM HEIGHT
LIMIT FROM 12-INCHES TO 3D-INCHES FOR ANY VEGETATION THAT GROWS
ALONG THE MEDIAN AND PARKWAY OF PALOS VERDES DRIVE SOUTH AS
DETERMINED BY THE COMMUNITY DEVELOPMENT DIRECTOR;2)AMEND
CONDITION NO.78 TO DESCRIBE THE ROADSIDE HABITAT ENHANCEMENT
AREA AS REQUIRED BY "ZONE C"OF THE ADOPTED COASTAL COMMISSION
CONDITIONS;AND 3)AMEND CONDITION NO.79 TO ESTABLISH THE TRIMMING
PERIOD OF THE MAINTENANCE OF THE COASTAL SAGE SCRUB LOCATED
WITHIN THE ROADSIDE HABITAT ENHANCEMENT AREA (ZONE C OF THE
COASTAL COMMISSION APPROVED PROJECT)TO NOT BE DURING THE BIRD
BREEDING SEASON (SEPTEMBER 1 THROUGH FEBRUARY 14)UNLESS A
QUALIFIED BIOLOGIST INSPECTS THE VEGETATION TO DETERMINE THAT NO
NESTING BIRDS EXIST PRIOR TO TRIMMING.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Campbell,Misetich,Stern,Wolowicz,and Mayor Long
None
None
None
PUBLIC HEARINGS:
City Council Minutes
July 5,2011
Page 4 of 13
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