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Keep Quiet PVE is a group of over 50 concerned residents formed to preserve and protect the quiet residential character the City of Palos Verdes Estates was founded upon.

Dear Palos Verdes Estates Resident:

Ask yourself: Would you be willing to allow such City-sponsored excessive noise in your neighborhood?

The City of Palos Verdes Estates Resident Handbook states:

“It is the intent of the City to preserve residential zones in the City for residential purposes and not to encourage or approve the operation of commercial businesses in any residential zone.”

In 1948 PVE enacted its original zoning code. This code intended to restrict use at La Venta Inn to hotel or residential (approximately four guest rooms) in order to protect residents from disturbances - NOT to allow outdoor excessive-noise wedding venue use for 300.

In September 1994, residents and the President of the Malaga Cove Homeowners Association organized and appeared before the Palos Verdes Estates City Council to protest the extreme and illegal increase in noise and other impacts brought about by the conduct of New York Food Company after the La Venta owners leased the premises to them. These are the conditions that remain today.

September 27, 1994 Palos Verdes Estates City Council meeting minutes:

“Paul Schutt, 673 Via Del Monte and President of the Malaga Cove Homeowners Association, said he was appearing on behalf of the Board of the Malaga Cove Homeowners Association. He said they met a week ago to discuss this and other matters and heard from homeowners who were impacted by the problem of noise from La Venta Inn. He declared that there was unanimous consent for supporting the concerns of the neighbors in the area of La Venta Inn and urged Council to abate the problem.

Nancy Daniels, 829 Via Somonte, spoke at length about excessive noise and the large volume of party goers at La Venta Inn.

Anita Richelieu, 760 Via Del Monte, said for the first time she has called the Police Department to try to stop the horrible noise from La Venta Inn. She said she did not like the idea of closing down La Venta because it is a lovely facility but she would like to see it used for its original purposes.

Dr. Richelieu, 760 Via Del Monte, said he has lived in the area for 21 years and he now feels he is living next door to a bar because of the loud raucous music.

Mary Jane Martin, 856 Via Somonte, said she was concerned for the neighborhood because of the excessive noise from La Venta Inn. She said it is continual on Fridays, Saturdays and Sundays and remarked that she has lived in the city for 23 years and there is a significant difference in the noise level coming from La Venta Inn in comparison to when the Eskridges were operating it.

Robert E. 0' Reilly, 772 Via Del Monte, adjacent to the La Venta Inn, said he had lived in that location for 20 years and the increase in noise from the La Venta Inn is considerable and extremely annoying.

Dwyn Robbie, 829 Via Somonte, claimed there were 500 people on Saturday and Sunday at the La Venta Inn and the noise and traffic were overwhelming. She said this has an adverse impact on property values, on city streets from excessive usage, and also necessitates that parking spills out on Via Del Monte and other streets.”

Los Angeles Times, October 06, 1994: Residents Complain of Noise at Inn, They air their concerns about La Venta before the City Council:

“It provides a picturesque location for couples to exchange their wedding vows. But it also provides a headache for city residents.”

“La Venta Inn, a popular Palos Verdes Estates banquet facility built in 1923, has come under fire from nearby residents, who say the inn's success has brought noise, traffic and outsiders to their neighborhood. Homeowners used to hear birds at sunset; "instead, we hear 'Devil With a Blue Dress On,' " said Dwyn Robbie, one of seven residents, including a representative of the local homeowners association, who took their complaints to the City Council recently.”

Despite wide-spread complaints of code violations by residents, legal intervention by the MCHA (which was formed during the 1980s to oppose expanded wedding activity at the Neighborhood Church) and newspaper articles in the LA Times and Daily Breeze during the last 30 years, the City has continually refused code enforcement. Now, they want to legalize the violations and make the illegal use permanent.

During early 2021, various residents contacted the City Manager expressing concern about impacts from resumption of commercial operation at La Venta. This was aimed at preventing a repeat of the illegal public nuisance New York Food Company conducted. The City committed to impose restrictions required by the PVEMC and PVE General Plan.

Despite the resident concerns, the City reneged on commitents to impose restrictions and issued an unrestricted, unconditioned business license to the new operator effective September 1, 2021, allowing prohibited R-1 short-term rental for weddings, banquets and parties. The City ignored demands from residents for answers and by early 2022, to the exclusion of residents, the City attorney met with the owners, operators and their attorneys to plan the drastic expansion of allowed uses, going so far as to ask the owner’s attorneys to draft an ordinance, all without any resident notice or involvement.

Before the City began the secret drafting of this ZTA, the City Manager was requiring strict limits on operating hours. Those disappeared when the email communications went off-line:

From: Sharon Papa
Sent: Thursday, October 28, 2021 6:08 PM
To: Meg Walker
Cc: Michael Kemps
Subject: RE: La Venta Inn
Hi Meg – The conditions you presented to us are way too broad. There’s
no way we would agree (nor would the neighbors be in any type of
support) for 7am to 12am Monday- Sunday. I think we’re looking at
weekends only 5-pm – 9pm. All persons off premises by 10pm. Decibel
readings likely not above 60 dB subject to further review by staff.
That said, exchanging emails is not the proper process to reach a
resolution. Brianna will be reaching out to you with next steps to
properly move this matter forward within the established City
procedures. I’m confident we will ultimately reach an agreement that
everyone can live with. Sharon

The PVE Planning Commission ignored extensive resident opposition and evidence of past PVEMC code violations. The City Council is ignoring CUP precedent that is far more restrictive (Maximum 18 receptions/year, no alcohol, no sit-down dining, strict noise and parking limits) on wedding and event activity at the Neighborhood Church. They are also ignoring expert sound analysis, zoning law and CEQA.

The citys’ top priority must be the residents’ welfare, a viable quality of life and compliance with the law and the CC&Rs. Instead, the city is attempting to preserve and legalize a use that created a known but unabated excessive noise public nuisance. All for the financial benefit of a multi-million dollar commercial enterprise surrounded by hundreds of homes. This would create a city-sponsored public nuisance.

Thus far, among other things, the city has proposed to:

• Through illegal spot-zoning, exempt this single property surrounded by hundreds of other residences from the 2019 Short-Term Wedding, Banquet and Party-Rental ban on R-1 property (§17.08.378) (La Venta has been zoned R-1 residential since 1948)
• Allow 9:00am - 11:00pm operations, 365 days a year
• Have no limit on number of events
• Allow ~200 attendees partying outdoors + 30 staff
• Allow live bands, amplified DJ and PA systems open to outdoors
• Allow outdoor amplified ceremonies
• Allow outdoor amplified speakers
• Allow public events including fairs, holiday celebrations and similar events without limitation
• Allow outdoor dancing, performances and bars until 10:00pm.

None of this has ever been allowed by the municipal code or the general plan. In fact, since 1948 (when only a handful of the hundreds of lots in the area were developed) the municipal code has restricted use at La Venta:

§18.20.010 simply states:

The La Venta Inn, located on lots 4 and 6, block 1536, tract 6884, may be used for hotel and restaurant purposes within the existing building only. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 84 § 4.9, 1948

This code was included in the original city-wide zoning ordinance adopted by the city in 1948.

According to the PVE housing element, 90% of the hundreds of homes in the area were built while La Venta Inn was being used as a private residence from 1944 to 1966. Those families reasonably expected that they were settling in a quiet residential neighborhood that would remain as such.

And most recently, in late 2019, the city identified commercial short-term wedding, banquet and party rentals on R-1 residential property as a use requiring precise and specific prohibition (§18.04.021 and §17.08.378). The city also decided that strong deterrence was necessary. They increased the fines for violations 10-fold and banned advertising of the rentals.

§17.08.378:

“Short-term or vacation rental” means a rental, for compensation, of all or any part of any lot or dwelling unit to visitors for (A) any event or gathering including but not limited to weddings, banquets, and parties, or (B) for lodging for a period of less than thirty days; in either case, except for commercial filming as provided in Chapter 5.20 PVEMC. “For compensation” includes, but is not limited to, rental of the property for money, goods, or services, as well as in-kind exchanges of goods, services, or premises. (Ord. 739 § 1, 2019; Ord. 717 § 2, 2016)

Thus protecting every residential area of the city from disturbance caused by this activity. Except for the residents of Upper Malaga Cove of course, if this city application is approved.

In September 2016, John Cotti, the City attorney that drafted the ZTA with the owner/operator attorneys, filed for an injunction to abate identical, although far less frequent (once per month vs. ten per month), public nuisance wedding activity only 2,200 feet north of La Venta at Chateau del Mar. Two residents there provided declarations to the City of the same impacts and the City obtained the injunction. The 2016 short-term R-1 rental ban ordinance and December 2019 amendment to prohibit “weddings, banquets and parties” was enacted in response to neighborhood disturbances from wedding venue activity.

The issue is not about the building, it is about the use and the impacts therefrom. There are other legal and lucrative non-disruptive uses available. It is about a business set amongst hundreds of homes in a residential zone, pursuing millions of dollars annually from an ongoing unlawful use that has and is once again creating an excessive noise public nuisance. The city correctly identified this exact use and made it illegal, knowing wherever it occurred in the city, residents would be disturbed.

The PVEPD continues to enact a zero-enforcement response to resident complaints, claiming that they “have a permit”. The only document provided in response to broad requests for permits, licenses, etc. is a City business license which requires the holder to be in compliance with the PVEMC and General Plan.

Many other residents are opposed to these changes. Only overwhelming opposition will put a stop to them.

To help defeat this threat, please click the join now button. - Thank you.

PVE Municipal Code and General Plan Protections:

Noise Policies of Palos Verdes Estates

It is the policy of the City of Palos Verdes Estates to prohibit unnecessary, excessive, and annoying noises from all sources subject to its police power. At certain levels noises are detrimental to the health and welfare of the citizenry. Therefore, in the public interests, such noise levels shall be systematically proscribed. Ordinance No. 287 and 203 of the City of Palos Verdes Estates provides noise regulations with respect to time of day and land use, and the ordinance provides for penalties to be imposed for exceeding the limits as given.

Environmental Impact Report Procedures

Loud or excessive noise is socially disruptive, and may be physically and psychologically damaging. Also, excessive noise adversely affects property values and levels of productivity. Generally, the costs of excessive noise from manufacturing, commercial and transportation facilities have been passed on in the past to those in the vicinity rather than being borne by the producer of the noise. However, environmental controls are now in order.

8.28.030 Noise from commercial operations.

No person shall, within the city, operate or cause the operation, or suffer or permit the operation upon any premises owned, occupied or controlled by such person, of any tool, machine or other thing designated or used for the manufacture of goods, wares, buildings or structures, or for any commercial purpose, the noise from which can be heard at any point on any other premises, other than during the hours of seven a.m. until seven p.m. Monday, Tuesday, Wednesday, and Thursday, seven a.m. until five-thirty p.m. Friday, and nine a.m. until five p.m. Saturday. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 438 § 1, 1986; Ord. 310 § 1, 1975; Ord. 287 § 1, 1973; Ord. 258 § 1, § 1969; Ord. 203 § 2, 1961)

When adopted, this ordinance stated:

SECTION 1. Noise Prohibited. No person firm or or corporation within the City of Palos Verdes Estates shall make or cause the making of, or suffer or permit to be made upon any premises owned, occupied, or controlled by such person, firm, or corporation, any loud, unusual, penetrating, boisterous noise, disturbance or commotion that shall cause discomfort or annoyance to a reasonable person of normal sensitiveness.

8.28.010 Purpose.

The city is mostly developed with noise-sensitive residential uses. Excessive noise levels are detrimental to the health and safety of individuals. Excessive noise is considered a public nuisance and the city prohibits unnecessary, excessive, or annoying noises from all sources. Creating, maintaining, causing, or allowing to be created, caused or maintained any noise or vibration in a manner prohibited by the provisions of this chapter is public nuisance and shall be punishable as a misdemeanor. (Ord. 701 § 2 (Exh. 1), 2012)

8.28.020 Prohibited noises.

Unless otherwise permitted in this chapter, no person shall make, permit to be made or cause to suffer any noises, sounds or vibrations that are SO loud, prolonged and harsh as to be annoying to reasonable persons of ordinary sensitivity and to cause or contribute to the unreasonable discomfort of any persons within the vicinity. When considering whether a noise, sound or vibration is unreasonable within the meaning of this section, the following factors shall be taken into consideration:
A. The volume and intensity of the noise, particularly as it is experienced within a residence or place of business;
B. Whether the noise is prolonged and continuous;
C. How the noise contrasts with the ambient noise level;
D. The proximity of the noise source to residential and commercial uses;
E. The time of day; and
F. The anticipated duration of the noise. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 203 § 1, 1961)

17.04.030 Conflicting regulations.

Nothing in this title shall be interpreted to authorize the use of a lot, parcel, or structure in any way that is a violation of any other applicable statute, code or regulation. Wherever any provision of this title and PVEMC Title 18 imposes more stringent requirements, regulations, restrictions, or limitations than are imposed or required by the provisions of any other law, ordinance, restrictions or covenant, then the provisions of this title and PVEMC Title 18 shall govern. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 84 § 4.1, 1948)

PVE General Plan - Noise Element

SCOPE AND NATURE OF THE NOISE ELEMENT

MAXIMUM NOISE LEVELS

The maximum noise levels anticipated within and in the adjoining areas of Palos Verdes Estates are normal residential development and use related noise. This is based on the fact that existing land use in the city is restricted by zoning and deed restrictions to residential use except for limited neighborhood shopping areas at Malaga Cove and Lunada Bay. The adjoining areas are also predominantly developed in residential use and no changes are foreseeable.

The ordinance also provides that it shall be unlawful for any person to willfully make or continue, or cause to be made and continued, any loud, unnecessary, and unusual noise which disturbs the peace or quiet of any neighborhood, or which causes discomfort or annoyance to residents of the area. The standards which are considered in determining whether a violation of the provisions of these ordinances exists, may include, but not be limited to, the following:
(a) The level of the noise;
(b) Whether the nature of the noise is usual or unusual;
(c) Whether the noise carries beyond the premises to any other premises.

Fixed Point Noise Sources

The Zoning Ordinance of the City of Palos Verdes Estates does not provide for any industrial use within the city. It also does not permit any type of use which could result in adverse noise effects in the commercially zoned districts. As an example, gasoline service stations are not permitted to do garage, mechanical, or battery repair work or tire rebuilding. Noise problems were a prime consideration in the establishment of these zoning regulations. Undoubtedly, the Planning Commission and City Council will continue to consider potential noise aspects in the review of any proposed changes to the zoning ordinance.

It is desirable, therefore, that an appropriate environmental impact report be required for any project, development or activity which might have a significant impact on noise levels in Palos Verdes Estates.

Conclusions

Except for preempted regulations for motor vehicles and aircraft, the city's noise ordinances provide the legal background for controlling unnecessary noise in the City of Palos Verdes Estates. To supplement the provisions of these ordinances, the city should:
1. Continue the city's commitment to a residential community of limited density.
2. Require landscaping and design controls for noise on proposed commercial developments.
3. Continue the city's active open space program.
4. Work with adjacent jurisdictions to limit noise and noise producing sources affecting Palos Verdes Estates.
5. Continue the city's zoning ordinance restrictions on potential noise sources.
6. Work with transportation agencies to minimize the noise affects of their operations, both from an equipment standpoint and a location standpoint.
7. Require environmental impact reports to cover potential adverse effects from any proposed project or activity in the City of Palos Verdes Estates.

Below are excerpts from hundreds of clips totaling hours of video depicting the excessive noise disturbances.