AGENDA REPORT
Meeting Date: August 23, 2022
Item Number:
To:
G-1
Honorable Mayor & City Council
From: Ryan Gohlich, AICP, Director of Community Development Timothea Tway, AICP, City Planner
Subject: DRAFT COMMENT LETTER REGARDING THE DRAFT
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE
COUNTY OF LOS ANGELES PROJECT AT THE VIRGINIA
ROBINSON GARDENS (1008 ELDEN WAY)
Attachments: 1. Draft Letter from City of Beverly Hills on Draft Supplemental Environmental Impact Report (DSEIR)
2. December 16, 2021 Letter from City of Beverly Hills regarding Notice of Preparation of Supplemental Environmental Impact Report
3. February 8, 2022 Letter to County Supervisor Sheila Kuehl
4. Public Comments (Submitted After December 16, 2021 Letter)
RECOMMENDATION
It is recommended the City Council receive this report and provide staff with comments and edits to the attached draft comment letter. Staff will submit the comment letter to the County of Los Angeles before the end of the DSEIR comment period.
INTRODUCTION
The County of Los Angeles Department of Parks and Recreation is proposing operational changes at the Virginia Robinson Gardens located in the Hillside Area of the City of Beverly Hills at 1008 Elden Way. On July 21, 2022, the County announced the availability of a Draft Supplemental Environmental Impact Report (DSEIR) for the project. The public comment period for the DSEIR is open for a total of 45 days, from July 22, 2022 to September 5, 2022. Staff has reviewed the DSEIR and has crafted the attached draft comment letter on the document. At this time, staff is seeking City Council comments on the draft letter prior to submittal to the County of Los Angeles by the September 5th deadline.
DISCUSSION
Virginia Robinson Gardens
The Virginia Robinson Gardens property originally served as a private residence for Harry Winchester and Virginia Robinson from 1911 to 1977, and is known as the first luxury estate to have been built in the City. Upon Mrs. Robinson’s death, the estate was then transferred to the County of Los Angeles for the purpose of an arboretum or botanic garden open to the public. In 1980, the County Board of Supervisors certified an Environmental Impact Report (EIR) to assess the environmental impacts of a land use change from a single-family residence to a public open space and garden. This document included provisions to limit hours of operation and number of daily visitors, types of events, and number of employees allowed on the site. Operating hours were by appointment only from 11:00 AM to 3:30 PM, Tuesday through Friday (closed on holidays). A maximum of 100 people and 20 cars were allowed on the site during the operating hours, and two fundraising events were allowed to be held on the site per year.
As stated in an LA County staff report from 2014, in 1980 the site was “most valued as an extension of the plant testing program at the Los Angeles County Arboretum and Botanic Gardens,” however by 2014, the primary goals of the project site were “preservation, programming, and public access.” As such, the County made operational changes to the Gardens in 2014 including:
• Open to the public Monday to Saturday, from 9:30 AM to 4:00 PM • Four special events allowed per year
• Allow parking on property with advance reservation (35 parking spaces on site) • Programming allowed to occur on site included children’s programming, musical and arts programs, other scheduled staff and public programming • Allow up to 100 visitors per day with advanced reservation Proposed Changes
In 2021, the City of Beverly Hills was made aware that the County of Los Angeles is currently proposing operational changes at the Virginia Robinson Gardens. The operational changes proposed at this time are:
• The Gardens would be open to the public every day from 9:30 AM to sunset • Up to 24 special events would be allowed per year (not to exceed 4 per month) • Family ceremonies (such as weddings) would now be allowed events • Up to 200 visitors per day would be allowed with advanced reservation The County of Los Angeles held a community meeting for the SEIR on November 15, 2021, which was attended by Beverly Hills staff. Several residents and neighbors of the property were also in attendance at the meeting, and provided comments to the County representatives. The comments generally expressed concerns regarding the changes to the operations of the site, as such changes would intensify the current scope of operations. The concerns were specifically related to potentially adverse impacts with increased traffic, noise, water usage, valet parking demand, light, and the change to the nature of the operations with an increase in private events. In addition, several neighbors expressed concerns regarding public safety issues, including the impact of increased visitors and traffic on access to the site and surrounding areas by emergency responders, and a potential increase in opportunity for crime. However, some comments also expressed support for the ongoing operation of the site, as it functions as an amenity for the community and the greater Los Angeles County area.
City of Beverly Hills Past Involvement
On December 16, 2021, the City of Beverly Hills submitted a comment letter in response to the Notice of Preparation of the DSEIR (Attachment 2). Comments on the project submitted by community members up until December 16, 2021 are also attached to this letter. This letter outlined the various issues that the City requested that the County study in the DSEIR including issues related to air quality and greenhouse gas emissions, noise, light, transportation and traffic, hazards, public services, and cultural resources.
In addition, the City requested that the DSEIR include alternatives to the proposed project, including deeding the Gardens property back to the City of Beverly Hills for management and operational oversight. Attached to this letter are the various public comments that the City received from concerned residents regarding the proposed project.
Subsequently, on February 8, 2022, the City reached out to County Supervisor Sheila Kuehl’s office about the proposed project (Attachment 3). In the letter sent to the Supervisor, the City requested a meeting with the Supervisor in order to discuss the possibility of the City of Beverly Hills taking control of the Gardens. As noted in the letter, when Mrs. Robinson deeded the property to the County, it was stipulated that it should be used only as “an arboretum or botanic garden” and that “no business for profit shall ever be conducted on said property.” Further, Mrs. Robinson intended that the City of Beverly Hills would be entitled to receive the property if there were ever a breach of the conditions of the deed by the County.
The County recently held another community meeting to present the findings of the DSEIR on August 10, 2022. This meeting was attended by City staff, City residents, and neighbors of the property. At this meeting, community members provided comments regarding their continued concerns that the proposed changes were inconsistent with the scope of the historical use of the property as an arboretum and garden, especially the proposal to increase the number of special events held each year. In addition, the comments expressed concern about the impacts related to traffic, noise, and the increase in the intensity of operations at the site. While the majority of commenters supported educational programs and access to the gardens for children, there was not support for the special events that are unrelated to the use of the property as an arboretum, such as for weddings or private parties.
Beverly Hills Comments on Draft Supplemental Environmental Impact Report On July 21, 2022 the City of Beverly Hills received a notice that the DSEIR was available for review. The entire DSEIR can be viewed here:
https://parks.lacounty.gov/environmental-documents/. Staff has reviewed the DSEIR and created the attached draft comment letter (Attachment 1) to submit to the County for their consideration. The DSEIR looked at 21 resource areas, and includes technical studies for air quality/greenhouse gases, energy consumption, historical resources, noise and traffic. This letter is in draft form, and legal review of this letter has not been completed at this time, but will be before it is submitted to the County. Since this letter is a response to the environmental document created for the project, main topics and issues addressed in the letter include:
• Traffic
o Given that the DSEIR has noted that the traffic impacts are significant and unavoidable, the City has expressed that the proposed operational changes should be reviewed and/or revised. Furthermore, the City requests that County Board of Supervisors does not adopt a Statement of Overriding Considerations, which is a finding required when there are unavoidable environmental impacts, unless additional actions are taken to relieve the identified impacts.
• Noise
o This impact has been noted as less than significant with mitigations.
However, the City is requesting that limits are explicitly added to the operational conditions for the property related to the type of music allowed during events, the hours during which music is allowed, and the maximum number of attendees at events.
• Parking
o The City has expressed concern that there will be significant impacts to neighboring properties as a result of an increase in the number of visitors and special events that will utilize street parking. The increased demand for parking near the site will also create a demand for more City services, such as parking enforcement.
• Change of use of the site
o The City has again expressed concern that the use of the site may not be consistent with the original intent of the deed, which specified that the property shall be used as an arboretum and garden only, and that commercial activity shall not take place. In addition, the City is requesting that the County explore alternatives to the project, including deeding the property to the City for operation.
• Public safety and services
o The City has expressed concern regarding potential public safety impacts that could result from an increase in the number of daily visitors and special events on the site. In particular, the City has concerns that traffic associated with the use of the site may impede access for emergency responders, and that an intensified operation of the site may require more frequent service calls to the site.
Process and Next Steps
Once the County receives comments on the DSEIR and the comment period closes in September, the County must respond to such comments and revise the DSEIR as appropriate. The County will then prepare the final SEIR draft and a Statement of Overriding Considerations, which is expected to occur in October. Finally, the SEIR will be brought forth to the Los Angeles County Board of Supervisors for review and approval.
FISCAL IMPACT
No fiscal impact is anticipated from the submittal of this draft comment letter to the County of Los Angeles for review.
Ryan Gohlich, AICP
Director of Community Development
Approved By
Attachment 1
Draft Letter from the City of Beverly Hills
on Draft Supplemental Environmental
Impact Report (DSEIR)
Department of Community Development, 455 N. Rexford Drive, Beverly Hills, California 90210 p (310) 285-1141 f (310) 858-9166 BeverlyHills.org August 17, 2022
Ms. Jui Ing Chien, Park Planner
Clement Lau,
County of Los Angeles Department of Parks and Recreation 1000 S. Fremont Avenue
Unit #40 A-9 West, 3rd Floor
Alhambra, CA 91083
Via USPS and Email
RE: Draft Supplemental Environmental Impact Report (DSEIR) – Virginia Robinson Gardens (1008 Elden Way, Beverly Hills, CA 90210)
Dear Ms. Chien:
Thank you for the opportunity to comment on the Draft Supplemental Environmental Impact Report (DSEIR) for the proposed operational changes to the Virginia Robinson Gardens (the Gardens), located at 1008 Elden Way in the City of Beverly Hills (Project).
It is our understanding that the Project includes the following changes to the operations of the Gardens property:
• Hours open to the public: Monday to Sunday (7 days a week), from 9:30 AM to sunset; • Number of patrons: with advance reservations, up to 200 visitors per day, spread throughout the day for either tours, meetings, seminars/classes, events, or commercial filming (video only, no motion picture), or a combination of any of these activities; • Types of events: in addition to existing events, consider family ceremonies such as weddings; • Special uses: up to 24 special use events a year/approximately 2 per month.
DRAFT
Virginia Robinson Gardens
August 17, 2022
Department of Community Development, 455 N. Rexford Drive, Beverly Hills, California 90210 p (310) 285-1141 f (310) 858-9166 BeverlyHills.org The City of Beverly Hills has received extensive written and oral public comment expressing serious concerns regarding the intensification of activities and uses at the Gardens and shares those concerns.
The City is opposed to the significant operational changes that are under consideration. Copies of the written public comments on the DSEIR received by the City from concerned community members are attached to this letter for your reference.
The DSEIR has studied several impacts related to the operational changes at the Gardens, including air quality/greenhouse gas emissions, noise, energy, historical resources, and transportation/traffic. It is notable that the DSEIR has determined that noise will have a less than significant impact with mitigations, and traffic will have a significant and unavoidable impact. After review of the environmental analysis in the DSEIR, the City has found that it fails to provide a sufficient degree of information and analysis to allow a reasoned decision on the impact of the proposed operational changes. The City continues to have serious concerns regarding the proposed project and strongly opposes any changes proposed at the project site. The following comments are provided on various impacts that are expected to result from the proposal:
AIR QUALITY & GREENHOUSE GAS EMISSIONS
Thank you for analyzing the following topics in the DSEIR related to air quality and greenhouse gas emissions:
• The impact of increased vehicular trips to the site as a result of expanded operating hours and an increase in the frequency of events, including the addition of valet parking trips. The analysis must also consider impacts to residential areas through which the main access routes proceed to the Gardens.
• The impact of the use of temporary mechanical equipment for events that are combustion-based (e.g. generators, gas heaters, refrigeration and catering equipment). • The potential exposure of sensitive receptors and large numbers of people to pollutants. • The impact of idling vehicles (passenger and delivery trucks) due to limited street access and widths.
However, the City continues to have concerns regarding the potential air quality impacts associated with the proposed operational changes, as these changes would significantly increase the number of trips made to and from the Gardens, as a result of increased visitors, and the number of deliveries. In addition, the proposed operational changes will result in an increase in the number of idling vehicles.
All of these activities will create adverse air quality impacts in the local residential neighborhood adjacent to the Gardens.
DRAFT
Virginia Robinson Gardens
August 17, 2022
Department of Community Development, 455 N. Rexford Drive, Beverly Hills, California 90210 p (310) 285-1141 f (310) 858-9166 BeverlyHills.org NOISE
With regard to noise impact analysis, the City had previously requested that the technical study collect meaningful and complete baseline noise levels (background and ambient noise) for all times of day, including all days of the week on the project site and in the surrounding residential neighborhoods.
However, the ambient noise measurements performed were only for 3.75 days.
The City continues to have significant concerns regarding the noise that will result from the proposed project and how the noise will impact the adjacent single family neighborhood. Concerns include noise from amplified music and speech, crowds, traffic, event noise, and noise from miscellaneous equipment, including generators, that may be temporarily located on site.
Although the DSEIR includes a mitigation measure that sets forth certain requirements for special events that use amplified sound, the City also requests that additional conditions are included to mitigate noise impacts. The City requests the following conditions be added:
• Prohibiting use of amplified sound, including music.
• Limiting hours for outside events to prevent any noise impacts on surrounding residential neighborhoods during evening and nighttime hours.
• Limiting the maximum number of attendees permitted at events. • Minimizing traffic noise by requiring all parking that cannot be accommodated on site to be provided in commercial areas (and not in residential areas in the vicinity of the Gardens) with shuttle bus services between the Gardens and the parking. • Prohibiting any noise-generating devices such as fireworks and other pyrotechnic or similar devices.
LIGHT
Thank you for analyzing the following impacts related to light in the DSEIR:
• The impact of both daytime and nighttime events, and increases in vehicular traffic to the site, adding to light pollution (including passenger vehicles and deliveries). • The use of lighting during existing and for the proposed extended operating hours.
The DSEIR discusses potential lighting impacts, and concludes that lighting would result in a less than significant impact. However, the City still has concerns about the potential impacts of light pollution on the wildlife present in the Gardens as well as on adjacent residential properties. The City requests that the following mitigations are also added:
• Limit the use of lighting near the entrance of the property, where there are fewer buildings and landscaping that may buffer such lighting.
DRAFT
Virginia Robinson Gardens
August 17, 2022
Department of Community Development, 455 N. Rexford Drive, Beverly Hills, California 90210 p (310) 285-1141 f (310) 858-9166 BeverlyHills.org • Limit the hours during which additional lighting may be set up for events. • Prohibiting the use of any fireworks, pyrotechnic devices, and any similar light generating devices on the site.
TRANSPORTATION/TRAFFIC & PARKING
The DSEIR has stated that there is a significant and unavoidable traffic impact that will result from the proposed operational changes at the Gardens, and as such the County will need to adopt a Statement of Overriding Considerations. The City believes that such identified impact should indicate that there is a legitimate need for the County to review and revise the proposed project scope. In addition, it is incumbent upon the County to implement further mitigations to help relieve the impacts that will be created from this project, and a Statement of Overriding Considerations should not be adopted unless the County agrees to additional operational limits and conditions.
The traffic analysis for the following intersection located in the City of Beverly Hills near the project site was requested, but was not included. The Final SEIR should include an analysis of this intersection:
• Benedict Canyon Drive and Cove Way;
The DSEIR also looked at the increase in vehicular trips to and from the site that result from an expansion of operating hours and the number of events, and included the following information:
• An estimate of cumulative traffic generated from all projects (approved/pending) within a one mile radius of the project site.
• The City of Beverly Hills thresholds of significance and local transportation assessment guidelines.
However, the City has serious outstanding concerns regarding traffic impacts, and as such, the City requests that the County adopt additional conditions and mitigation measures to address the significant traffic impacts including, but not limited to:
• Minimizing traffic and parking impacts by prohibiting employees, contractors, vendors, and all patrons and guests at the Gardens from parking in nearby residential areas, and requiring all parking that cannot be accommodated on site to be provided in commercial areas (and not in residential areas in the vicinity of the Gardens) with shuttle bus services between the Gardens and the parking. The shuttle buses should be zero emission to minimize any greenhouse gas emissions.
• Providing additional funds to support an increased demand for parking enforcement services. • Provide a drawing of the existing/proposed street operations (pickup/dropoff staging) on Elden Way and Crescent Drive.
DRAFT
Virginia Robinson Gardens
August 17, 2022
Department of Community Development, 455 N. Rexford Drive, Beverly Hills, California 90210 p (310) 285-1141 f (310) 858-9166 BeverlyHills.org • Provide a valet plan that can be reviewed and approved by the City for all special events proposed in the future, which can be enforced by the City’s Traffic Control Officers.
FIRE HAZARD
Please note that the Virginia Robinson Gardens and the surrounding areas are located in a Very High Fire Hazard Severity Zone (VHFHSZ). The analysis does not fully analyze the potential impacts associated with the intensification of use, including the increased potential that operations at the Gardens could cause fires, as well as on emergency response plans due to the intensification and higher concentration of people that could be on the site and need to be evacuated in the event of fire.
The City is also concerned that with the ongoing drought, fire conditions will be exacerbated in the future with the implementation of stricter watering regulations. The DSEIR does not address this reality, nor does it address the unique challenges present on the site, including the narrow driveways, sloping and uneven landscape, and the lack of a secondary fire hydrant for additional water resources during a fire event.
The DSEIR did not analyze and adopt mitigation measures to address potential wildfire impacts. The City requests that the following measures be adopted as part of the operational conditions for the site:
• Prohibitions on any outdoor use of open flames.
• Prohibitions on any type of fireworks, pyrotechnics, and any other similar type of device that could cause a fire.
• The creation of an evacuation plan for a wildfire event that demonstrates there is adequate capacity for City streets to accommodate the number of visitors to safely evacuate, without impeding existing evacuation routes and access routes for the Beverly Hills Fire Department. Benedict Canyon Drive is identified as a street on the evacuation plan for the City, in order to direct residents either to the north or the south, depending on the fire risk. • Other preventative measures to mitigate fire risk, such as a plan for vegetation clearance and trimming.
ALTERNATIVES
As part of a range of reasonable alternatives, the City previously requested that the DSEIR include a specific alternative consisting of deeding the Virginia Robinson Gardens property back to the City of Beverly Hills for management and operational oversight. The DSEIR does not include this alternative, which the City believes would be an environmentally superior alternative.
DRAFT
Virginia Robinson Gardens
August 17, 2022
Department of Community Development, 455 N. Rexford Drive, Beverly Hills, California 90210 p (310) 285-1141 f (310) 858-9166 BeverlyHills.org
PUBLIC SERVICES
Although the DSEIR discussed the public services available to the Gardens, the City has outstanding concerns regarding the impact of the proposed operations on the demand for public services. The City requests that the County considers the following in regards to public services:
• As a result of the increase in the number of visitors to the Gardens on a daily basis, there is a potential increase in demand for fire protection, and police protection services. • In addition, with an increase in visitors, the need for parking enforcement services will also increase.
CULTURAL RESOURCES
Please note that the Virginia Robinson Gardens property is a local historic landmark (Beverly Hills Historic Landmark No. 2), and is also listed on the National Register of Historic Places. As such, please note that any modifications to the designated historic resource may require City approval of a certificate of appropriateness pursuant to the City’s Historic Preservation Ordinance (Article 32 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code).
Please work with the City’s historic preservation staff on how to best address these important cultural resources in Beverly Hills. Please contact Mark Odell, Urban Designer, at (310) 285-1116 or mod[email protected] regarding historic and cultural resource issues related to the project. The DSEIR does not note that the City’s Urban Designer has been consulted as part of the drafting of this document.
OTHER CONCERNS
In addition to the above discussion of impacts related to the proposed operational changes, the City would like to raise concerns related to the potential issue of an ill-defined project description and scope.
Given that the proposed change would provide the superintendent of the Gardens the discretion to approve various types of special events. Since this could encompass a large variety of events and operations, the project description and associated analysis may be inadequate.
Furthermore, the City is concerned that the proposed uses of the Gardens are inconsistent with the original bequest of the Gardens from Mrs. Robinson to the County because of the expanded use of the site for a commercial event venue. The City again would like to request that the County deed the Gardens property to the City, so the City may control the use and operation of the site in a manner that is not inconsistent with the original bequest and is compatible with adjacent residential uses. The City would like to note that any special events must comply with the City’s regulations, including the requirement to obtain a valet permit and special event permit.
DRAFT
Virginia Robinson Gardens
August 17, 2022
Department of Community Development, 455 N. Rexford Drive, Beverly Hills, California 90210 p (310) 285-1141 f (310) 858-9166 BeverlyHills.org The City is also concerned with the potential for the Gardens to significantly increase water demand, especially during special events, given that the City and the County are facing unprecedented drought conditions that are expected to worsen. The Governor of California has called for the overall reduction of water use by 15% from 2020 usage levels. With an increase in the number of visitors daily, and for longer periods of time, as well as an increase in the number of special events, it is expected that the water demand associated with the Gardens will also increase sharply.
PUBLIC NOTICE
The City hereby requests that the County provide the City with all notices pursuant to CEQA and Planning and Zoning Law, and any County ordinances and regulations including, but not limited to Public Resources Code Sections 21092 and 21092.5, and State CEQA Guidelines Sections 15087 and 15088(b). Further, pursuant to Public Resources Code Section 21167(f), the City hereby requests that the County provide a copy of any notice of determination related to the Project as may be filed.
Thank you again for this opportunity to provide input on the environmental review of this project.
Please list Timothea Tway, City Planner, as primary contact for the City of Beverly Hills, and place her name on the list of interested parties to receive copies of all notices issued regarding the Project. She can be reached at [email protected] or (310) 285-1122. If you have any questions regarding this letter, please feel free to contact me at (310) 285-1118 or by email at [email protected].
Sincerely,
____________________________________
RYAN GOHLICH, AICP
Director, Community Development
cc: George Chavez, City Manager
Nancy Hunt-Coffey, Assistant City Manager
Laurence Wiener, City Attorney
Robert Wunderlich, Mayor of the City of Beverly Hills
Lili Bosse, Vice Mayor of the City of Beverly Hills
Lester Friedman, Councilmember of the City of Beverly Hills Julian A. Gold, M.D., Councilmember of the City of Beverly Hills John A. Mirisch, Councilmember of the City of Beverly Hills Chief Mark D. Stainbrook, Beverly Hills Police Department Chief Gregory Barton, Beverly Hills Fire Department
Supervisor Sheila Kuehl, County of Los Angeles Board of Supervisors DRAFT
Attachment 2
December 16, 2021 Letter from City of
Beverly Hills regarding Notice of
Preparation of Supplemental
Environmental Impact Report
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Sent Via Email to [email protected]
November 29, 2021
Ms. Timmi Tway
City Planner
Building and Planning Department
City of Beverly Hills
455 N, Rexford
Beverly Hills, CA 90210
Re: County of Los Angeles Proposed Operational Changes
Virginia Robinson Gardens
1008 Elden Way
Beverly Hills, CA 90210
Dear Ms. Tway:
Please accept this communication as an expression of my personal concern on the above-referenced subject. I ask that you include my comments as an attachment to your staff report to City Council on the subject.
I live on Carolyn Way in Beverly Hills. My property shares a common boundary with the Virginia Robinson Gardens. What happens at the Gardens affects not only my property, but the entire neighborhood including Laurel Way, Summit Drive, Cove, Carolyn Way, and Marilyn Way.
Please understand that the Gardens poses a unique fire and emergency response risk, that is not well understood. The proposed County operational changes for the Gardens only exacerbates the risk dramatically.
To explain, from the City Fire Department, I have learned the following:
• City emergency vehicles have no access to the Gardens. • No pressurized fire hydrant exists on the property (that the Fire Department is aware of).
• If the County does not seek a city event permit, the city Fire Marshall does not review the plans.
• No city Fire Safety Officer inspects Garden events unless a city permit condition exists to do so.
The significance of this information means that in a health emergency event, city fire responders can only access the property only on foot. While I fully appreciate that city’s first responders will exert their utmost efforts to rescue any injured party, those efforts will be hampered due to undisputed circumstances. The six-acre Garden property is undulating and some areas have limited pathways or stairs compounding an emergency response. These limitations have the potential to delay a critical rescue as well as delay transport to hospital facilities for injured parties.
.
The fire risk at the garden presents another unique concern. As stated, no known fire hydrant exists on the garden grounds. In the event of a fire, hoses would need to extend considerable distances, possibly even from Carolyn Way, Cove and/or Crescent Drive. The nearest fire hydrant appears to be at 1017 Crescent Drive, a considerable distance from the entrance to the Gardens.
One cannot ignore either that the Gardens sits in a Wildfire Designated Hazard Area.
The Garden property includes numerous highly flammable trees including palms and eucalyptus. Again, the Garden has no pressurized fire hydrant. The county is “literally playing with fire” to the detriment of the immediate neighborhood and the city.
Increasing the days of operations, increasing daily attendance, increasing days of operation, increasing hours of operation, increasing the number of events six-fold from 2012 levels and 12-fold from 1980 levels, endangers not only the visitors, Garden workers, the immediate neighborhood, and the city first responders, but may also trigger city liabilities.
I urge the City Council to advise the LA County Parks and Recreations Department that its proposed operational changes imperil not only visitors to the Gardens but represent a significant environmental impact that cannot be mitigated.
Please include this correspondence as part of the staff report to City Council. Thank you.
Sincerely,
Charles Alpert
12/6/21, 5:59 PM Fw: Opposition to Changes to Robinson's Gardens Operations h 2
From: Daniel Farasat <
Sent: Monday, December 6, 2021 5:11 PM
To: Timmi Tway
Cc: Masud Hakim
Subject: Opposition to Changes to Robinson's Gardens Operations CAUTION: External Sender
Use caution when clicking links or opening attachments
Dear Ms. Tway:
I am writing to convey my opposition to the county's proposed changes to the Gardens' operations.
I strongly support the Gardens' role in education for those throughout the county but these proposed changes are not in conformance with that goal.
I practically grew up on Elden Way, and I am planning to build a home on Carolyn Way - adjacent to the Gardens.
With only 4 events a year, the Gardens cause substantial traffic, noise and air quality issues -- before, during and after event days. With the proposed 24 events per year and large events like weddings without limits on parking, the environmental impacts would be insufferable. Additionally, the proposed extension of hours of operations (including Sundays) for visitors, would make the imposition on the neighborhood limitless.
The goals of Virginia Robinson's bequest can be met without turning the Gardens into a commercial enterprise/event space for hire. The proposed changes are anathema to her bequest and would impose an undue burden to the neighborhood and the City of Beverly Hills.
I would also appreciate a link to tomorrow's hearing.
Sincerely,
Fw: Opposition to Changes to Robinson's Gardens Operations Reply all |
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Timmi Tway
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12/7/21, 8:51 AM FW: Urgent - Opposition to Virginia Robinson Garden Operation h 2
From: Jonah Feit [mailto
Sent: Monday, December 6, 2021 7:59 PM
To: Timmi Tway <[email protected]>
Subject: Urgent - Opposition to Virginia Robinson Garden Operation CAUTION: External Sender
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Dear Mayor Wunderlich and the City Council,
My Grandparents, Ben and Esther Kashanian, and I are strongly opposed to the Virginia Robinson Gardens proposed changes to their operations.
While we are supportive of the Gardens mission, the changes proposed will adversely affect our neighborhood and threaten our right to the quiet enjoyment of our homes.
The Gardens already disregards the parking laws, and increasing the number of events from 4 to 24 will have a major negative impact on the traffic and parking situation in our neighborhood.
There are times when emergency vehicles would not be able to get through. We do not want to have a tragedy occur because the Gardens were not interested in following safety protocols.
These proposed changes are alarming. Increasing from 100 to 200 visitors a day, when there are only 20 parking spaces at the Gardens will clog our neighborhood.
Also adding Weddings, family celebrations, meetings, and commercial filming will essentially change the Gardens into a commercial venue, and will completely ruin the fabric of our neighborhood. The noise from these events alone will disrupt the peaceful nature of our neighborhood.
In the face of resident opposition, the Gardens already expanded outside of their original scope in 2014. This cannot be allowed to happen again, and in fact, perhaps they should be forced to return to the prior original conditions.
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Timmi Tway
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Tue 12/7/2021 8:07 AM
City Clerk
Ryan Gohlich; Chloe Chen
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1 https://mail.beverlyhills.org/owa/projection.aspx 2/2 We respectfully request that the City Council stand by your residents and take a resolute position against the expansion in its totality.
Respectfully,
Jonah Feit
Ben Kashanian
Esther Kashanian
Crescent Drive
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12/6/21, 6:05 PM Fw: Virginia Gardens proposed increased activity h 2
From:
Sent: Monday, December 6, 2021 4:14 PM
To: [email protected]
Cc: Timmi Tway
Subject: Virginia Gardens proposed increased activity
CAUTION: External Sender
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Dear Julie,
My husband and I want to register our strong opposition to the newly proposed increase in activity slated for Virginia Gardens which sits atop our cul-de-sac. We are proud to have this lovely jewel in our midst but we object to tripling access to it seven days a week, especially on weekends. This was not the contract that had been negotiated when we bought our home at North Crescent Drive. The congestion and traffic will not only destroy the ambience of our neighborhood, but will decrease the value of our homes as well. I’m sure the County would not be pleased to have all of our neighborhood come to them to recapture compensation for their losses imposed on them without a vote! Paul and I strongly support our City, County and neighborhood. We would like to be reassured that our City and County support their constituents as well. Please reconsider these excessive changes and let us work together for a peaceful resolution.
Thank you for your time and attention.
Sincerely,
Vera and Paul Guerin
Fw: Virginia Gardens proposed increased activity
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Timmi Tway
Today, 5:21 PM
City Clerk; Ryan Gohlich; Chloe Chen
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12/6/21, 4:28 PM Fw: Virginia Robinson Gardens
h 2
From: Dar Mahboubi < >
Sent: Monday, December 6, 2021 12:14:58 PM
To: Timmi Tway
Cc: Masoud Hakim
Subject: Virginia Robinson Gardens
CAUTION: External Sender
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________________________________
Dear Mayor Wunderlich:
Dear members of the City Council:
We, the undersigned, are writing to voice our objections to LA County’s suggested modifications to the schedule of operations at Robinson Gardens.
These proposed changes will essentially render the Gardens into a commercial venue, and will completely ruin the fabric of our peaceful residential neighborhood.
We request that the City of Beverly Hills voice it’s objections to the County in the strongest form possible.
Respectfully:
dar Mahboubi
Mahie Mahboubi
Jonathan Mahboubi
Rebecca Mahboubi
Fw: Virginia Robinson Gardens
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Timmi Tway
Today, 12:40 PM
City Clerk; Ryan Gohlich; Chloe Chen; 6-Laurence Wiener; RWG DavidSnow Label: E2K10 731 Day Retention Tag (2 years and 1 day) Expires: 12/7/2023 12:40 PM Reply all | Delete Junk |
Mayor Wunderlich and Members of the City Council,
As an attorney, who formerly practiced Estate Planning law in Washington, DC, I have looked at the Original Grant Deed and the Agreement. * I maintain that many of the new changes proposed by the County- Weddings, family ceremonies, meetings or commercial filming- go beyond the original Donor Intent of Virginia Robinson, as contained in the Original Grant Deed and the Agreement.
In the original Grant Deed, page 2, line 17-20 states
“1. The said property, excluding the buildings thereon, shall be held and used by said Grantee perpetually for the purpose of an arboretum or botanic garden and for no other purpose inconsistent with said use.”
On page 2, line 27-30, the Grant Deed further states,
“4. No business for profit shall ever be conducted on said property but the same shall at all reasonable times be open and available for the benefit and enjoyment of the general public as an arboretum garden.”
An arboretum is defined as
“A botanical garden devoted to trees.”
A botanic garden is defined as
“An establishment where plants are grown for display to the public and often for scientific study.”
In the Agreement, several other uses of the residence were specified. On page 4 and 5,
“to use said residence building, or make it available as follows: (1) to the extent feasible and practicable, use in the nature of a museum for the benefit and enjoyment of the general public, or (2) as a guest house for official visitors to the County of Los Angeles, city of Beverly Hills or other incorporated cities located in the county of Los Angeles, (3) for library or educational purposes, or for any other charitable purpose deemed appropriate by Second Party, including a combination of (1) and (2) above……”
“No use of the said residence or contents shall be made or permitted for any purpose contrary to the provisions of Section 501 (c) (3) of the Internal Revenue Code……”
I believe the County should have to follow the intent of Virginia Robinson, as spelled out in the relevant documents and a legal argument could be made that the new proposed purposes of Weddings, family ceremonies, meetings or commercial filming go beyond those purposes.
If the County breaches or violates the conditions, pursuant to the original Grant Deed and the Agreement, the title to the Virginia Robinson Gardens vests in the City of Beverly Hills. The City would then have to follow the conditions set forth in both documents.
Thank you,
Kathryn Checchi, JD
Georgetown University Law School ‘78
Member of the DC Bar and Texas State Bar
*Agreement made in 1976 by and between Alfredo De La Vega and Security Pacific National Bank as Co-conservators of the Estate of Virginia D. Robinson, and the County of Los Angeles. The City of Beverly Hills, as a contingent remainderman beneficiary, agreed to be bound by the terms of this agreement by Resolution No. 77-R
11/30/21, 9:37 AM Re: Virginia Robinson Gardens
h 2
Hello Jodi,
I have received your email and it will be provided to the City Council, Thank you,
Timmi
From: JODI STINE
Sent: Tuesday, November 30, 2021 8:00:00 AM
To: Timmi Tway
Subject: Virginia Robinson Gardens
CAUTION: External Sender
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Dear Timmi,
My name is Jodi Stine and I’m writing to share my concerns about the recent proposed 100% increase in daily visitors and the 500% increase in yearly events by the Robinson Gardens.
As a neighbor, our main concerns are:
1). #1 SAFETY - With the exponentially large increase in visitors, who is going to keep the Beverly Hills residents safe? With the recent spate of crimes in Beverly Hills, safety seems like an issue that should be of the utmost priority. How is the city of Beverly Hills going to address this increase in visitors? 2). PARKING - it gets crazy with cars on Cove Way, Hartford and Lexington- Cove Way in particular is not a wide street - and parking is only allowed on one side; this makes parking at a premium. Our driveway is used as a 3-point turning point and we’ve had our share of semi-blocked driveways. How will the city handle this parking/traffic/safety mess?
3). NOISE POLLUTION - our neighborhood is shaped with some steep hills and the noise travels - what impact will the increased amount of visitors have on our quiet neighborhood? Re: Virginia Robinson Gardens
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Timmi Tway
Today, 8:14 AM
JODI STINE Chloe Chen
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1 https://mail.beverlyhills.org/owa/projection.aspx 2/2 I am asking the City Council’s assistance to help us address this proposal, as I believe, it will have a negative impact on our neighborhood.
We enjoy very much living near the Gardens; they have been good neighbors! In return, we have supported their fundraising efforts and mission - and have learned to live with and accommodate the current state of visitors and events.
However, now, with these proposed changes, I fear that we will be looking forward to barbed wire fencing, security guards, and parking lots - exactly what I would expect living next to a public catering hall.
Please consider helping us find a compromise!
Thank you,
Jodi & Don Stine
*Could you please confirm that you received this email.
Days Open to Public 4 days/ week Tues-Fri
Holidays: Closed
5 days/week Mon-Fri;
closed on Holidays
Seven Days a Week
No Holiday Closures
Hours 9:30 AM – 3:30 PM 9 AM– 4 PM 9:30 AM - Sunset
Attendance Limits/Tours 100 visitors/day
With reservations
100 visitor/day
With reservations
200 visitors/day with
reservations
Types of Events Educational Programing Public Programs conforming to hours and visitor limits
Existing Events plus
private family events such
as weddings.
Special Uses 2/Year
Patron Party
Garden Tour
No Attendance Limits
4/year
Garden Tour (2 consecutive
days)
24/year; up to 4 events per
month
Parking • Limited to 20 spaces
onsite
• No Street Parking
• No Walk-ins
• No Drop-offs
• Onsite parking only
• No street parking
• Walk-ins allowed
No restrictions indicated
--
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12/13/21, 9:36 AM Fw: Robinsons Gardens from a neighboring residnet h 2
From: Morales, Fernando
Sent: Friday, December 10, 2021 5:17:46 PM
To: Patricia Wittenberg; [email protected]
Cc: Timmi Tway; Powell, Marley
Subject: RE: Robinsons Gardens from a neighboring residnet CAUTION: External Sender
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Hi Patricia and Armin,
Thank you for your e-mail to Supervisor Kuehl regarding the proposed operational changes at Virginia Robinson Gardens. I have made sure that it reached her. Your input is important to Supervisor Sheila Kuehl. For that reason, she asked me to respond to your inquiry.
The Los Angeles County Department of Parks and Recreation (DPR) has just initiated the process of considering and analyzing the potential environmental impacts of the proposed operational changes. Specifically, a Supplemental Environmental Impact Report (SEIR) will be prepared and is anticipated to be completed by April 2022 at which time the public will have the opportunity to review the document and provide comments. DPR will also hold a community meeting in April 2022 to present the SEIR and receive public input.
I’m glad that you’re connected to DPR as well. Thank you for reaching out to our office and sharing your input.
Sincerely,
Fernando
Fernando R. Morales (He/Him/His)
District Director, West/Metro LA
O:
C:
Web/Facebook/Twitter
Fw: Robinsons Gardens from a neighboring residnet
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Timmi Tway
Today, 6:18 AM
Chloe Chen
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1 https://mail.beverlyhills.org/owa/projection.aspx 2/2 Sign Up for Kuehl Happenings
Commendation Requests
COVID-19 Resources
LA County’s Response to COVID-19
From: Patricia Wittenberg
Sent: Friday, December 10, 2021 3:46 PM
To: Sheila <[email protected]>; [email protected] Cc: [email protected]
Subject: RE: Robinsons Gardens from a neighboring residnet Dear Ms. Kuehl and Ms Yom,
Please see our attached letter regarding Robinsons Gardens. Thank you.
Cc to the City of Beverly Hills.
Regards,
Patricia & Armin Wittenberg
Carolyn Way
Beverly Hills 90210
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Patricia & Armin Wittenberg Carolyn Way
Beverly Hills, CA 90210
Dear Sheila Kuehl and Julie Yom,
Thank you for taking the time to read/listen to us residents’ issues regarding proposed changes to Robinsons Gardens.
We, just as many of our neighbors have expressed, are in opposition to the proposed changes for Robinsons Gardens for the same reasons: it would increase unwanted noise, music as well as create traffic, parking, and enforcement problems for the City of Beverly Hills etc.
We have lived here for over 20 years. We assure you, that this is an extremely quiet neighborhood—one of many reasons we chose to purchase a home here.
When the annual fundraiser for Robinsons Gardens takes place, we assure you we easily hear loud music and….loud conversation/voices. We are happy to be gracious neighbors to accommodate this important fundraiser.
I might note that one proponent of the proposed changes, made a comment that Virginia Robinson held THREE party events per week. As if that justifies having increased noise and music in our neighborhood in 2021/2022?? That is an irrelevant statement…
The proposal of having up to 24 special events or weddings per year is unacceptable for a few reasons:
--The idea is a commercial enterprise. Did Virginia Robinson allow this? --Theoretically…..IF these weddings/events were to take place, where does the profit money go to? Does Robinson Gardens have the benefit of the funds? OR…does the profit money go to a Los Angeles County general fund --Robinsons Gardens is VERY small…only 6 acres. There is truly not enough acreage and foliage to dampen music and voices of events.
Sound travels very easily through this neighborhood. The County would be forcing us to listen to wedding/function music that others chose? The music could run the range from Italian, Greek, Scottish bagpipers, Rap, to Polka music…etc. This would be an intrusion to the “quiet enjoyment of our property” which we believe residents are legally entitled to.
--The idea of increasing the hours to sunset: we can imagine, if this is instituted, that the next idea would be to have music/concerts on the lawn in the evening. Again…this would be intrusive to the neighborhood.
I have been a member of the Huntington Gardens Art Guild in San Marino for over 10 years (as Parker Wittenberg), and have witnessed their increase in activities held over the years, in filming, music etc. that can increase noise, sound and traffic. One BIG difference they have with Robinsons Gardens—Huntington Gardens has 207 acres of trees, vegetations and buildings to mute music and other sounds on their property. Hence residents in the neighboring houses would hear nothing or next to nothing. They also have a very large parking lot.
To do the noise studies, traffic studies etc, LA County has to spend tax money to do so. We would prefer our tax dollars to be spent on keeping all LA County parks clean, maintained, with outreach as necessary, for the homeless and drug addicted who may also be visiting the park.
The ideal would be to close down the proposed changes to Robinsons Gardens….and do not spend money to do the studies.
Thank you again for your time.
Sincerely,
Patricia Wittenberg
Armin Wittenberg
Michael & Michele Wiener
Beverly Hills, CA 90210
November 29, 2021
Honorable Mayor Wunderlich &Councilmembers
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
Re: Virginia Robinson Gardens
Dear Mayor and Councilmembers,
I am informed that Los Angeles County is proposing to change the operations of the Virginia Robinson Gardens in the following manner:
- Increase the visitors to two hundred (200) visitors a day - Increase the days to every day, including all Holidays - Increase the hours until sunset
- Increase the special events to twenty-four (24) events a year, up to 4 times in one month Such changes will necessarily impact traffic and noise in our neighborhood and make our streets even more dangerous. In addition, the proposed special events (e.g., weddings and celebrations) will disturb the quiet of our neighborhood.
The value of property and the desirability of living in Beverly Hills, and especially the hills of Beverly Hills, is linked to safety, traffic, minimal transient visitors in residential neighborhoods, and quiet streets. We think that the proposed changes will adversely impact the very attributes which make Beverly Hills a desirable place to live.
Please work with Los Angeles County and other involved parties to limit, if not stop, the proposed changes from being implemented.
Michael Wiener
Patricia & Armin Wittenberg
Beverly Hills, CA 90210
Dear Mayor Wunderlich and the Members of the City Council, LA County is proposing a change the operations of the Virginia Robinsons Gardens.
Increase the visitors to 200 visitors a day
Increase the days to every day, including all Holidays
Increase the hours until sunset
Increase the special events to 24 events a year, up to 4 a month These changes will adversely impact the noise in our neighborhood. Please understand noise, music, and human voices waft loudly throughout these low canyons. We are kitty corner to Robinsons Gardens. We are fine being gracious and accommodating to the annual fundraiser for Robinsons Gardens. However, the proposed special events, which will include Weddings and celebrations, will disturb the daily quiet of our neighborhood and increase parking on our neighborhood streets. Presently, we have a very quiet neighborhood and all value our peaceful surroundings.
Please understand too, that there are other events that go on in the neighborhood that are allowed and we need to accommodate, i.e. filming at Grayhall on Carolyn Way. We are just about midway between Robinsons Gardens and Grayhall.
Hence, we hear all the noise and commotion from both locations as parties and filming goes on.
Please help us protect our neighborhood. After being on a Zoom call with LA County Parks & Recreation, and various concerned neighbors, it appears to us that LA County has not really thought out the repercussions to the neighborhood prior to putting out their idea of commercializing Robinsons Gardens.
Thank you,
Regards,
Patricia & Armin Wittenberg
Dec 7th, 2021
Dear Mayor Wunderlich and City Council Members,
I represent the Checchis who live on Cove Way very near the Gardens.
The nearby residents desperately need your help.
My client and I have spoken with a number of residents who live in the immediate area, and they recount story after story of the Gardens being disrespectful neighbors who routinely break the rules.
They refuse to cut back foliage that hangs into one neighbor’s yards, and threatened them when they attempted to cut back the trees themselves which is my understanding they have a right to do.
They disregard the no parking rule on Elden Way. Event trucks and cars block driveways and streets to such a degree that residents are routinely denied access to their homes, and have to cancel their own family events.
Residents, many of whom are elderly, are concerned for their safety as regularly the street is so blocked that emergency vehicles simply cannot access their homes.
They tell of past Elden Way neighbors who have moved because of the negative impacts the Garden had on their lives.
The Gardens have no interest in creating parking on their property, yet they are quite happy to impose the impacts of their guests and events onto my clients and their neighbors.
There is not only a need to address these expansion requests of the Gardens, there is a need to address the current situation.
You are hearing from a number of residents in the immediate area- Elden Way, Cove Way, Carolyn Way, etc. Look at how many properties the Gardens shares property lines with! The county told us they intend to follow all of the Beverly Hills residential rules. The Gardens is not a residence, and it should not be treated as such.
This image taken from their website shows available capacity of 865 people.
Some ideas:
1- Assign a code enforcement officer dedicated solely to this area which is paid for by the Gardens 2- Ensure that the Gardens have to apply for Special Event Permits 3- Ensure that with their current events, they have secured designated off- residential area parking that visitors are shuttled to
4- The Gardens should not be treated like a residential property in any way, shape or form. They do not behave like a residential property, and they are not a residential property. They are functioning at a commercial property in terms of function, use and impacts despite their nonprofit status. 5- How are the liquor licenses to be handled if they are allowed weddings? The resident’s way of life is being severely threatened. They have a right as Council Member Gold said recently to the “quiet enjoyment of their homes” which they are currently being denied, and which is under serious attack by these new requests.
We feel the SEIR process will be a farce with the outcome already predetermined. Even if the impacts do not reach EIR and CEQA concern levels, they will far exceed what should be permissible for the neighborhood.
We looked at the Grant Deed and I think the argument could be made that the Gardens are actually currently in violation of the terms of that Deed. Our position is that the new intensification certainly is in violation.
This intensification is bad for your residents, bad for Beverly Hills, and bad for the health and safety of those in the area.
We respectfully ask that you do all that you can in your power to protect them.
Yours Sincerely,
Debbie Weiss
Dear Mayor Wunderlich and City Council Members,
Residents are very concerned about the significant negative impacts the intensification of the Garden’s proposed uses will have upon us, and we ask that you take a position either in opposition to this expansion, or with a view to scaling it back significantly and imposing mitigation measures.
Given the Council’s recent positions and votes to take action on Air BNBs, and Fractional Ownership due to the impacts created by transient residential use, we ask that the Council vote similarly here as these impacts are of a similar nature, but far more impactful, being on a commercial scale.
As neighbors, we are very supportive of the Virginia Robinson’s Gardens and their mission to expose all city dwellers, especially inner-city children, to nature.
However, we believe that there will be a number of impacts from the Expansion of Hours, Events and additional people visiting the Virginia Robinson Gardens.
During their current events, the burden on the neighborhood is severe, and for a few times a year, we have been willing to look the other way. But the proposed expansions will permanently alter our way of life. As Councilmember Gold put it recently “everybody is entitled to the quiet enjoyment of their homes,” and if this expansion proceeds as the County wishes, we will be denied that right.
The Gardens are proposing 200 visitors a day (currently 100), Seven days a week, including Holidays (currently Monday-Friday), Hours of 9:30 am to Sunset (currently 9am-4pm) and 24 events a year to include filming, Weddings, family ceremonies, meetings, seminars and classes (currently up to 4 events, subject to BH event restrictions).
1980 2012 2021 Proposal
Days Open to Public 4 days/ week Tues-Fri
Holidays: Closed
5 days/week, Tues – Sat.
Open on Holidays, except
Christmas and New Years
Seven Days a Week
No Holiday Closures
Hours 9:30 AM – 3:30 PM 9:30 – 5:30 AM 9:30 AM - Sunset Attendance Limits/Tours 100 visitors/day
With reservations
100 visitor/day
With reservations
200 visitors/day
Types of Events Educational Programing Public Programs
conforming to hours and
visitor limits
Existing Events plus
private family events
such as weddings.
Special Uses 2/Year
Patron Party
Garden Tour
No Attendance Limits
4/year
Garden Tour (2
consecutive days)
24/year
Parking Limited to 20 spaces
onsite
No Street Parking
No Walk-ins
Onsite parking only
No street parking
Walk-ins allowed
No restrictions indicated
No Drop-offs
FIRE
Our neighborhood has recently been designated a Fire hazard area, with signs being posted throughout the neighborhood.
Palm trees have been identified as very susceptible to fire, with the embers from palm trees being capable of blowing large distances. The VR Gardens has an extensive grove of palm trees. Additional visitors could increase the risk of fire.
And neighbors have recounted that during Garden events, roads and driveways have been blocked by guest and “Party Van” parking.
I believe a fire engine is too large to enter the Gardens. Is there a dedicated fire hydrant within the Garden? Sometimes people park in front of fire hydrants on the street. Since the property is owned by the County, who will respond to fires? Will a slow response time from the County or an inability of a fire truck to enter the Gardens put our neighborhood at risk for fire?
SAFETY
Currently, we do not see the Beverly Hills Police patrolling our neighborhood on a regular basis to prevent personal injury or property damage. How will be protected from additional people entering our neighborhood to attend events at the Gardens? How will emergency vehicles get through crowded streets?
TRANSPORTATION/ TRAFFIC
We already have a very busy neighborhood during the week.
Several large construction projects for private residences which will take years to complete have been permitted in the area. This brings construction trucks and workers to the area.
The city has also allowed the contractors for repaving the streets to set up along Lexington, taking up parking for their equipment along the street and moving equipment along Lexington.
We all have large homes which require regular maintenance- gardening, pool, housekeeping and construction maintenance. These trucks and vehicles park on our streets.
Hartford Way is a primary access road to Benedict Canyon and already there is a long line of cars lined up along Hartford early afternoon and evening to turn right on Benedict Canyon.
The County wants to add an additional 100 visitors to the VR Gardens A DAY, which will be a burden to an already busy neighborhood. There is no public transportation close enough to the Gardens, so they will drive, adding to the traffic.
PARKING
Add the parking of all the construction vehicles for new private homes, contractors for street paving, vehicles for maintenance of existing homes and our neighborhood parking is already crowded.
The Gardens has only 31 parking spaces- 25 for visitors accessed on Elden Way and 6 for staff accessed on Cove Way. The County is asking for a total number of visitors of 200 a day. The county has conceded that their visitors will park on the nearby resident streets. We are expected to bear the brunt of twice as many visitors per day as well as the commercial scale wedding, etc events.
On-street parking is limited. There is no parking on Elden Way for VR Gardens, Crescent and several other streets have a 2-hour limit, so many of the remaining streets are chock full of vehicles seeking to park.
Events at VR Gardens would pose a special problem- valet parking for the guests would occupy all the side streets and event trucks for set up and delivery would also be a burden.
NOISE
The County proposes that the VR Gardens be open every day, including Sundays and Holidays. They also seek to increase the hours and the special events from 4 to 24 events a year, including turning the Gardens into a Wedding Venue.
This is a very quiet neighborhood, especially in the evening. Residents realize that noise really carries here, so they are especially respectful about parties. Evening events at the VR Gardens would pose a special hardship on the neighborhood.
On weekends (especially Sundays and Holidays) the neighborhood is very quiet. It is the one respite we all have from the busy noise of the weekdays. Sunday visitors would impact the neighborhood a lot.
AIR QUALITY GREENHOUSE GAS EMISSIONS
Additional people, events would add to poor air quality
SUPERVISION
Currently, Events (up to 4 per year) are allowed at the Garden subject to Beverly Hills event restrictions. The new proposed events (up to 24 a year)- or about one every other week! Who will supervise?
Who will respond to emergencies? Who will police, respond to fires and generally deal with any disruption from noise, parking or emergency health issues? WATER
Since we are in a drought and conserving water, the Gardens are already a huge user of water. More visitors and more events will use up even more water at the Gardens.
LIGHTING
Currently, there is limited outdoor lighting at the Gardens. With increased events at night, there will need to be additional lighting installed for safety reasons.
WILDLIFE
Currently, we have birds and small animals, squirrels, etc., in our neighborhood who come out on the quiet weekend days and in the evenings. How will additional visitors and additional events, impact the wildlife of the Gardens and the surrounding neighborhood?
HISORICAL RESOURCES
The VR Gardens are a jewel box, already requiring a lot of maintenance. How will this increase in visitors and events affect the degree of maintenance at the Gardens.
Also, the mission of the Gardens is to educate and expose a wide range of visitors to nature. How is turning the Gardens into a filming or Wedding venue for commercial gain part of the mission of the Gardens? We believe that with the new changes proposed by the County, the Gardens are being used for money-making ventures, not for their true mission. And all at the residents expense.
We ask that the Council take a position either in opposition to this expansion, or requiring a significant scale down. Your residents need serious mitigation measures put in place. While this expansion will benefit the County, we fail to see the benefits to the residents who live there. Or the City for that matter. This puts a financial burden on the City with code enforcement, perhaps emergency services, etc but with the financial benefits going to the County.
This proposal not only burdens us by impacting our way of life, it poses a health and safety concern. During their current events, driveways and streets are often blocked off due to errant parking by visitors. Emergency vehicles may be blocked from accessing certain areas. Who will be legally responsible if that occurs? We would like to respectfully request the following:
- The Council take a position either in opposition to this expansion, or with a view to scaling it back significantly and imposing mitigation measures - An ad hoc committee of 2 City Council members as occurred with the Basement Ordinance (where one City Council member had to recuse) - Suggestions of requiring the Gardens to secure offsite parking lots and shuttle buses
- Requiring their valets to park in the offsite parking (not the residential areas)
- Requiring and have the Gardens pay for the hiring of an extra code enforcement officer
o Or overtime of current officers
As the County does not appear receptive to our concerns, we need the Council to stand up for your residents.
Yours Sincerely,
Kathy Checchi Cove Way
Alfred Checchi Cove Way
Arnold Messer Cove Way
Sharon Messer Cove Way
Patricia Wittenberg Carolyn Way
Armin Wittenberg Carolyn Way
Robin Hwajin Yoon Kim Elden Way
Elizabeth Seri Kim Elden Way
Andrew Young Kim Elden Way
Madeline Kim Elden Way
Chuck Alpert Carolyn Way
Jodi Stine Cove Way
Don Stine Cove Way
Antony Spencer Carolyn Way
Laurie Spencer Carolyn Way
Robert Wood Laurel Way
Michael Weiner Carolyn Way
Michelle Weiner Carolyn Way
INCREASED USAGE OF VRG - NOISE 0051346-0820-0
VIRGINIA ROBERTS GARDEN (VRG) 7TH DECEMBER 2021
P R O J E C T N O T E
INTRODUCTION
1.1. This Project Note provides comments regarding the noise issues associated with the proposed Supplemental Environmental Impact Report (SEIR) for the increased usage of Virginia Robinson Gardens, 1075 Carolyn Way, Beverley Hills, CA (VRG).
UNDERSTANDING OF THE PROPOSAL
1.2. It is understood that the proposed changes to the use of the VRG will mean a considerable increase in activity with a doubling of daily visitors, a 6-fold increase in events, including use of amplified sound, and an extension of activities from 4pm to sunset (which is understood to be in the mid-evening around 8.00 pm in mid-summer), with associated increases in vehicular traffic to and from the VRG.
BASELINE BACKGROUND NOISE LEVELS AND AMBIENT SOUNDSCAPE
1.3. The effect of noise on people and the use of their homes not only depends on how loud the noise is in terms of noise level, and any relevant regulatory controls; but also, how the noise in question relates to existing background noise levels and the ambient soundscape.
1.4. For example, this would include considering the following:
− What might be the difference between representative background noise levels at outdoor amenity spaces at residential properties and the predicted noise from VRG? and,
DOCUMENT CONTROL
DOCUMENT TITLE VIRGINIA ROBERTS GARDEN (VRG) REVISION R00 DOCUMENT NUMBER 0051346-0820-0 ISSUE DATE 7
TH DECEMBER 2021
PROJECT NAME INCREASED USAGE OF VRG - NOISE AUTHOR DANI FIUMICELLI
STATUS ISSUE CHECKED JS
ISSUED TO ANTONY SPENCER PASSED DB
INCREASED USAGE OF VRG - NOISE 0051346-0820-0
VIRGINIA ROBERTS GARDEN (VRG) 7TH DECEMBER 2021
− What might be the increase in noise level at outdoor amenity spaces at residential properties due to the predicted noise from VRG? and, − Does the noise from VRG contain characteristics that increase its impact? For example, the low frequency bass thump of modern amplified music and the information content of amplified speech mean that the noise has a greater impact compared to the relatively anonymous sound such as steady traffic noise from busy but distant highways.
− How might the noise from VRG contrast or blend with the existing soundscape at outdoor amenity spaces at residential properties ? i.e. how congruous will the noise from VRG be in the context of the existing sounds making up soundscape in the area.
1.5. Consequently, any noise assessment for the SEIR should include a comprehensive baseline noise survey and observations of the soundscape at locations representative of residential properties around the VRG.
1.6. Background noise levels and the ambient soundscape typically vary depending on t he time of the day, evening or night, between weekdays and weekends day of the week, and with the weather conditions.
1.7. Therefore, any baseline survey should be sufficiently long enough to capture sufficient data so that outliers and anomalous values can be rejected and there remain enough values to be able to understand the variability of the baseline noise levels through day, evening and night periods and use statistical analysis to establish representative background noise levels and observations of the ambient soundscape.
1.8. Typically, this requires continual monitoring for 15 minute periods over a minimum of a 7 day period to be able to capture sufficient data to understand and manage the associated uncertainties so that any derived background noise levels and ambient soundscape observations can be confidently relied upon.
SPATIAL EXTENT OF THE NOISE ASSESSMENT FOR THE SEIR
1.9. The district around VRG is almost exclusively residential in character with correspondingly relatively quiet background noise levels and a tranquil ambient soundscape. Noise will INCREASED USAGE OF VRG - NOISE 0051346-0820-0
VIRGINIA ROBERTS GARDEN (VRG) 7TH DECEMBER 2021
therefore not decay to below background noise levels or stop being incongruous in the context of the ambient soundscape until it has travelled some distance from the VRG.
1.10. Consequently, intensification of existing and introduction of more noise generating activities at the VRG has potential to cause disturbance and disruption to not only residents of properties adjacent to the VRG but also those some distance from the premises.
1.11. It is therefore suggested that the spatial extent of the noise assessment should be carefully considered and a distance of 750 feet from the boundary of the VRG is considered a likely minimum.
SOURCES OF NOISE
1.12. The main sources of noise associated with the proposed changes to the use of VRG that should be included in the SEIR include the following:
− Amplified music and speech
− Crowds
− Traffic
− Miscellaneous e.g. temporary plant installations such a generators or refrigeration equipment for catering, and fireworks.
NOISE PREDICTIONS
1.13. Assessment of the noise from the proposed increased use of the VRG will be dependent on theoretical prediction of noise propagation.
1.14. There are several methods of predicting the propagation of noise e.g. ISO 9613 is a common method.
1.15. Whatever method is used to predict noise levels from the VRG it should include the following parameters that influence the propagation of noise
− Robust source levels i.e. the sound power and frequency spectrum of the source should be realistic and verifiable.
− The effect of distance (geometric spreading).
INCREASED USAGE OF VRG - NOISE 0051346-0820-0
VIRGINIA ROBERTS GARDEN (VRG) 7TH DECEMBER 2021
− Source directivity characteristics.
− Source emission characteristics e.g. some Public Address system (PAs) propagate as a line source at a lower rate of decay before the decay increases to that of a point source at a faster rate.
− The effects of topography and buildings acting as barriers to the propagation of noise
− Ground absorption.
− Air absorption.
− Relative humidity and temperature.
− Meteorological conditions e.g. wind direction.
− Acoustic reflections other than from the ground.
NOISE PREDICTION VERIFICATION
1.16. Whilst the prediction of the noise from VRG will be a starting point in the noise assessment for the SEIR, there will be the opportunity to verify the predictions from amplified sound by installing a temporary PA at the VGR and carrying out noise propagation tests.
1.17. Such a test would involve temporary installation of a PA configured in a way typical of likely an event at VGR and playing test examples of sound at various levels, whilst simultaneously measuring at a reference point at the VRG e.g. the sound mixing/control point at VRG, and at representative residential locations at various distances around the VRG.
1.18. The propagation test would provide real world empirical data directly relevant to the VRG and surrounding locations that could be used to verify the noise predictions and reduce the inevitable uncertainties associated with theoretical prediction of noise propagation so that, they could be more confidently relied upon in the noise assessment in the SEIR.
SUMMARY
1.19. Noise from the proposed changes and intensification of use of the VGR has the potential to cause significant adverse effects to people living at and using residential properties adjacent to and some distance from the VGR.
INCREASED USAGE OF VRG - NOISE 0051346-0820-0
VIRGINIA ROBERTS GARDEN (VRG) 7TH DECEMBER 2021
1.20. As well as considering regulatory requirements, the assessment of the noise in the SEIR from the proposed changes at VGR should include a comprehensive bassline noise survey to establish representative background noise levels and ambient sound conditions in outdoor amenity spaces at residential properties adjacent too, and to at least 750 feet from, the perimeter of the VGR.
1.21. The assessment of the impact of noise from the VGR should include evaluation against regulatory requirements, and of the difference between the noise from VGR and baseline noise, the increase in noise levels comparted to existing conditions, allow for any acoustic characterises that might enhance the impact of the noise, and evaluate how congruous the noise will be with the existing soundscape.
1.22. The sources of noise included in the SEIR assessment should include all those likely to be audible beyond the boundary of the VGR.
1.23. The prediction of the propagation of noise from sources at the VGR should be based on reliable source data and include relevant factors that influence propagation of noise outdoors.
1.24. Predictions of amplified noise should be verified by a propagation test using a temporarily installed PA and simultaneous measurements at the VGR and various representative residential properties adjacent to and at multiple distances from the pre mises.
INCREASED USAGE OF VRG - NOISE 0051346-0820-0
VIRGINIA ROBERTS GARDEN (VRG) 7TH DECEMBER 2021
PROJECT NOTE DISCLAIMER:
This project note was prepared by Vanguardia Limited (“VL”) for the sole benefit, use and information of Mr Antony Spencer for the purpose stated in the introduction. VL assumes no liability or responsibility for any reliance placed on this note by any third party for any actions taken by any third party in reliance of the information contained herein. VL’s responsibility regarding the contents of the note shall be limited to the purpose for which the note was produced and shall be subject to the express contract terms with Mr Spencer. The note shall not be construed as investment or financial advice. The findings of this note are based on the available information as set out in this note.
The contents of this Note have been prepared for the sole benefit, use and information of Mr Spencer for the purposes set out in the Note or instructions commissioning it and shall be subject to the express contract terms with Mr Spencer. Vanguardia Limited assumes no liability or responsibility for any reliance placed on this Note by any third party. All data, concepts and proposals are Copyright © 2021 Vanguardia Ltd. All rights reserved. Issued in commercial confidence.
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Attachment 3
February 8, 2022 Letter to County
Supervisor Sheila Kuehl
City of Beverly Hills 455 N. Rexford Drive, Beverly Hills, California 90210 t: (310) 285-1012 February 8, 2022
Sent Via Email
Sheila Kuehl, County Supervisor
821 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, CA 90012
Dear Supervisor Kuehl,
I am writing to you regarding the County’s proposal to vastly expand the amount and type of events that would take place at Virginia Robinson Gardens. As you are no doubt aware, the Gardens are located in the City of Beverly Hills and are listed on the City’s inventory of historic places. We believe that Virginia Robinson Gardens is a treasure. However, it is located in a residential neighborhood and its uses should be limited by its environment. In fact, Mrs.
Robinson, when she deeded the property to the County, provided that it should be used as “an arboretum or botanic garden” and that “no business for profit shall ever be conducted on said property.”
It is clear from the types of uses that are being proposed for the Gardens that the County is contemplating commercial uses, likely for the purpose of raising money for upkeep of the Gardens. I imagine that the Gardens and associated structures are very expensive to maintain and the County is looking for sources of revenue to help defray these expenses. However, that is not contemplated by the deed restrictions.
As an alternative to this large expansion of use, I would like to discuss the possibility of the City of Beverly Hills taking control of the Gardens. As you may be aware, Mrs. Robinson intended that the City of Beverly Hills would be entitled to receive the Gardens if there was some breach of the conditions by the County. I believe that Beverly Hills would allocate sufficient budgetary resources to maintain the Gardens as an arboretum or botanic garden for the greater Los Angeles community without the necessity for commercial activities that would disturb the neighborhood.
I will ask my assistant to try and set up a meeting at which we could possibly discuss this issue.
Thank you for your attention to this matter and I look forward to speaking with you soon.
Sincerely,
George Chavez
City Manager
George Chavez
City Manager
Attachment 4
Public Comments (Submitted After
December 16, 2021 Letter)
8/17/22, 3:33 PM Mail - Chloe Chen - Outlook
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Chuck Alpert
Tue 8/16/2022 2:58 PM
To: Timmi Tway <[email protected]>
Cc: Chloe Chen <[email protected]>;City Clerk <[email protected]> CAUTION: External Sender
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Please find the following communication to the City Council for inclusion with the staff report on the LA County Department of Parks and Recreation Draft Supplemental Environmental Impact Report (DSEIR) for proposed operational changes for the Robinson Gardens ("Gardens") scheduled for the City Council Study Session on August 23, 2022. Thank you.
Honorable Vice Mayor Gold and Members of the City Council I am writing to as an individual and as an adjacent neighbor of the Virginia Robinson Gardens (the “Gardens”). I have been a neighbor of the Gardens for more than 20 years.
I greatly value the Gardens, particularly as an educational resource. Ironically, the nearby neighbors of the Gardens, like myself, appear to be the only ones wanting to preserve the Gardens, whereas the County and the Friends of the Gardens give every appearance of wanting to forever change the character of the Gardens, our surrounding neighborhood and the northern part of Beverly Hills.
The best way to explain my concern is to look at some of the key proposed changes to the Gardens' operations and to evaluate fairly their impact on our neighborhood and on our city The County wants to double the daily attendance to 200, open 365 days/year, and stay open every day until sunset.
Going to a potential 200 visitors every day of the year plus staff and volunteers means a potential of nearly 80,000 visitors/staff or 40,000 vehicles a year. All these cars will traverse Eldon Way, Crescent Drive, seven-days a week. One has to ask why not stay within currently daily limits and hours? The County wants to increase special events from 4 per year for fundraising to 24 per year (4/month) to include weddings, private birthday events, and any event the County approves Maximum capacity for a special event at the Gardens is 860 plus staffing for approximately 1000 people.
That limit means a potential additional 24,000 party guests and 12,000 vehicles or more. These events, by their nature, will involve, most likely, amplified music, catering, alcohol, lights, tents, mobilization and demobilization In effect, the Gardens will become a large scale catering venue nearly every other week Recall, the Virginia Robinson Bequest donated the Gardens to the County for public use as a “botanical gardens and a museum” not as a catering venue.
The Gardens has at best 35 parking spaces on site and more realistically no more than 25 parking spaces.
How do you park 100 cars in 25 spaces each day? In 35 spaces? How do you park 500 cars in 25 or even 35 spaces? The answer you park those cars on the streets in our neighborhood On the Gardens’ website, it states: “if you cannot park in the Gardens parking lot, park on Crescent Way and walk to the 8/17/22, 3:33 PM Mail - Chloe Chen - Outlook
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The County says traffic and parking represent a significant impact but they do not intend to modify the project or mitigate the risk.
A host of project mitigation are possible. The most logical mitigation is to retain the current operational limitations which requires compliance with city ordinances and avoidance of overlapping events with neighbors. The proposed changes will eliminate these compliance requirements. Increasing special events from four to five per year and limit those events to direct fundraising activities would also mitigate the impact and respond to the County's rationale for changes.
The County claims it needs to the changes to increase the Title I school program at the Gardens.
That program is very modest currently. It does not occur every day during the school year or even every week. The County has run the Gardens since 1977, but according to the website only about 5% of their programming is for kids. They have had every opportunity to increase the program in 40+ years of operation. The program can easily increase by extending the hours and days of the program within existing operating hours.
The County says they want to make the Gardens available to everyone; they are promoting inclusivity and diversity. The Environmental Reports says the changes will provide needed revenue.
The County has never demonstrated the financial need. At a meeting with neighbors at the end of last year, a county representative assured everyone the County did not need additional revenue to operate the Gardens.
The County fails to demonstrate that people who want to come are somehow blocked from coming.
Eighty open reservations are available apparently on an average day. The proposed changes will not alter limited existing public transportation to facilitate visitors’ attendance. In truth, the County wants to change the character of Gardens, turn it into a park, a catering venue, a performance center, a movie screening location – everything but a “botanical garden and museum.” As I began, the neighbors are the only ones who want to truly preserve the Gardens. I ask for your help to preserve the Gardens. To that end, I ask Council take the following actions:
Direct the City Attorney to evaluate and report to Council on the legal implication of using the Gardens as a catering venue, private wedding venue, private party venue or any other event the County approves in relation to the terms of the Virginia Robinson Bequest.
Negotiate with the County for a transfer of stewardship of the Gardens to the City.
Direct Staff to submit comments to the County by September 5th and to appear and also make a verbal and written statement at any County Board of Supervisor meeting related to the proposed operational changes for the Gardens. Those comments and statements should include, but are not limited to, the following points:
An expression that the impacts of the proposed changes, particularly traffic, parking, noise, and emergency services are significant requiring appropriate mitigation.
An expression that existing operational limits, or the No Actiona Alternative, reflect the appropriate mitigation of all impacts.
8/17/22, 3:33 PM Mail - Chloe Chen - Outlook
https://outlook.office365.com/mail/inbox/id/AAQkAGFkZmJhNGZhLTY3MDktNGRiMi04NjU4LTczYjU5NjMxZWE1OQAQAMWgBo5402ZEvPTpWuSaC… 3/3 An expression that City has authority to implement and enforce parking limitations on streets nearby to the Gardens
An expression that the City has authority to regulate valet parking including the authority to condition such authority on the use of offsite parking for any event at the Gardens.
An expression that the City supports the use of the Gardens as a botanical garden and museum, but not for any other use such as a wedding reception venue, a performance center or any commercial purpose
An expression that City emergency response has inherent access limitations to responding to the Gardens during an emergency.
An expression that any special event and any event at the Gardens should secure all applicable City authorizations and permits.
An expression that the proposed changes may well alter forever the existing character and beneficial value of the Gardens.
Respectfully submitted,
Chuck Alpert
Dear City Council Members,
I reviewed the Grant Deed and the 2014 agreement and compared them to what I saw on the Virginia Gardens website (https://www.robinsongardens.org). There are many instances of commercialization and other use violations.
It is my position that the recent uses for the Gardens do not abide by the stipulations made in the Grant Deed or the 2014 agreement. In fact, it appears that the 2014 Agreement allows for uses in contradiction to the Grant Deed.
For example, the 2014 agreement allows for commercial filming, yet in the Grant Deed Pg 2 #4 “no business for profit should ever be conducted on said property.” If you look through the website, and the monthly newsletters tab from January 2021- November 2021, some themes emerge.
1- Very little attention is given to the underserved children component of the Gardens. I could only find one picture
2- A plethora of pictures are available of fancy luncheons, book clubs, and other such events referencing very high-end food, champagne, etc. in a very product placement type manner 3- Numerous mentions of vendors and the selling of items. Including a very telling quote of an “unexpected donation” from the proceeds of an on-site book signing. 4- The Gardens were to be for the “benefit and enjoyment of the general public as an arboretum garden” (Grant Deed #4). There are multiple references to private, member only events.
The Gardens does offer educational opportunities to children- the site mentioned serving 2000 children a year- or 20 days worth if you factor in their max attendance of 100 per day, and did offer a remote program that seemed to serve 3000-4000 children. What happens the other 345 days a year? However, this is dwarfed by what appears to be essentially a country club for the benefit of the Friends and their friends. There are numerous events that appear to have nothing to do with the terms of the Grant Deed nor the 2014 agreement. And the website routinely promotes high end designers, restaurants, jewelry vendors, perfume vendors, etc. There are a large amount of references to high end food such as Spagos, Cartier champagne, etc. The site is awash with photos that look as if they are taken from high society magazines.
Children Education
Tours are limited to Monday – Friday 10 am – 12:30 pm and the website says they served 2000 children this way. They also started a remote program that is said to have served 3000-4000 students.
They appear to have one annual Science Fair in the spring.
Please note the limited times here of 2 ½ hours during weekdays, versus the virtually wide-open calendar for the wide-ranging events the Friends attend. 4 Special Events
While some events may be in line with the 2014 agreement, they certainly do not appear to be in line with the Grant Deed. And despite being closed to the public for May and September, the Friends have events during these months for themselves, also in violation of the terms of the Grant Deed dictating that the Gardens be open to the Public. In the monthly spotlights, they interview a different member each month- few mention the children educational aspect, many mention the fabulous parties. Also, some events are for “members only” – i.e., not open the public.
From the Grant Deed
Pg 2. #1
“the said property…shall be held and used...for the purpose of an arboretum or botanic garden and for no other purpose inconsistent with said use”
2014 Agreement- classes are supposed to be about “how well they interpret the historical collections at the facility”
Some examples from their website:
“Educational” Events
• High end art collecting “how to invest wisely in art” • Gingerbread House Decorating
• Art classes taught by world famous artists
• Learn about Restaurants
Private Events
Despite the Grant Deed stipulating that the Gardens be accessible by the public, there are numerous “member only” events.
Pg 2 #4
“shall at all reasonable times be open and available for the benefit and enjoyment of the general public as an abortetum garden”
Not Open to the Public
The website states that the Gardens are closed to the public for the months of May and September, but they are allowing private member events to occur during those times.
Book Club event from September 2021
Commercial Uses have been Occurring
Multiple references to vendors, boutiques and items “available for purchase”. Not all of the proceeds go to the Garden. I saw a 20% donation of proceeds referenced as well as the Friends being grateful for the “totally unexpected” donation of all of the proceeds from a book signing. The Friends appear to be allowing commercial activities on the site while taking a “cut”. And they also allow commercial filming to occur onsite for a fee.
From the Grant Deed,
Pg 2 #4 “no business for profit should ever be conducted on said property” • This appears to have been violated by the October 23,2021 shopping event where there were numerous vendors and according to the website 20% of the proceeds were donated. I.E., not 100%- the vendors appear to have “conducted business” on the property Vendor Sales onsite
Commercial Photoshoots
Already Renting out the Gardens for private events?
The Website says that they cannot host the below:
But if that is the case, then what events is this referring to? Conclusion
The Gardens are essentially being used as a country club for the Friends. There are numerous references to donated food and beverages and I wonder if there is a quid pro quo going on for the benefit of the Friends social events in exchange for visibility on the website.
While they do offer educational opportunities for underserved children, this is a small percentage of its use compared to the plethora of fancy luncheons, parties, book clubs, and other social events for the benefit of its members.
It is my position that the uses violate numerous areas of the Grant Deed and that the clause citing the return to the purview of Beverly Hills has been triggered on multiple levels.
Yours sincerely,
Debbie Weiss (on behalf of my client Kathy Checchi)
Honorable Vice Mayor Gold and Members of the City Council:
I am writing as one of a group of more than 35 Beverly Hills property owners who will be affected by the operational changes proposed by LA County for the Virginia Robinson Gardens.
Individually and as a group we have unanimously stated our objections to the proposed changes:
1. Traffic and parking
2. Increased noise inconsistent with a residential neighborhood
3. Fire Concerns
4. Ignoring the specific bequest of the Grantor- Mrs. Robinson The SEIR minimizes traffic and parking, does not address noise inconsistent with existing Beverly Hills residential zoning code, dismisses fire concerns and wholly avoids the specific terms and conditions of the grantor -and in particular the clearly stated consequences of violating those terms.
It should be stated that it is only by the “accident” of the bequest that LA County has any ownership interest in this property. The mere incident of ownership, however, does not exempt the county from conforming to the land use restrictions under which all property ownerships within the City of Beverly Hills must comply.
Moreover, ownership of the property certainly and quite specifically does not exempt the County from the restrictions and conditions imposed by the Grantor. Under the terms of the deed, Mrs. Robinson left the property for as an arboretum or botanic garden and “for no other purpose inconsistent with said use.” She specifically required that “No business for profit shall ever be conducted on said property but the same shall at all reasonable times be open and available for the benefit and enjoyment of the general public as an arboretum garden.” If the County violates the use restrictions, ownership of the property is to revert to the City of Beverly Hills. If Beverly Hills violates the terms and conditions the property reverts to the heirs and successors of the Grantor.
The City of Beverly Hills consistent with the desires of its residences and its own zoning code should formally notify the LA County Board of Supervisors that if it violates the Grantor ‘s terms of use that it will exercise its rights consistent with the Grantor’s wishes and take possession of the property. Should Beverly Hills fail to do this, and the County goes ahead with its proposed change of use, it is virtually certain that Mrs. Robinson’s heirs will exercise their rights to take ownership of these six acres of prime Beverly Hills residential real estate. There are no Grantor restrictions on their subsequent use of this land which is prime residential development real estate.
In other words, if the City of Beverly Hills fails to take action in this matter, any and all public use of the Gardens may ultimately be lost, and the property could revert to private ownership and development.
As neighbors, we have fully supported the Gardens and we ask the City Council to take the steps necessary to preserve this jewel in our City.
Respectfully,
Kathy Checchi
Cove Way
Beverly Hills, CA 90210
8/17/22, 2:23 PM Mail - Chloe Chen - Outlook
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as a botanical garden. Among other things, we’ve donated money as well as trees and landscaping.
One example over the years, is that we were told (by Tim Lindsay) not to install bright outdoor lights so as not to disturb the owls. Now, the County is contemplating turning the Gardens into the ultimate party house, with parties every single weekend! What about the owls? The current SEIR is yet another example of bureaucratic word salad which provides no other purpose than to fulfill a specific agenda.
This is all driven to make more money by changing the Garden’s 40 year history of “OPEN AND NOTORIOUS USE” as a public garden
organized to minimize its impact on the surrounding residential neighborhood.
This proposition came out of nowhere and has been fast-tracked with disregard to the input from all the surrounding homeowners.
The Virginia Robinson estate was a private home and is in the middle of a residential neighborhood. The “QUIET ENJOYMENT” of our neighborhood is a right of every homeowner in the area.
We urge and implore you to not increase the allotted number of functions at the Robinson Gardens.
Sincerely,
Don & Jodi Stine
Honorable Vice Mayor Gold and City Council Members,
We believe there are many deficiencies in the Draft Supplemental Environmental Impact Report (DSEIR), including traffic, parking, water, safety, but the purpose of this letter is to alert the City to one huge deficiency – the discussion of Fire Hazards and Emergency response.
FIRES
The neighborhood around the Virginia Robinson Gardens (the Gardens) has recently been declared an Extreme Fire Hazard Area, and many residents of the area had their home and property insurance raised significantly or canceled completely.
Yet, the Draft SEIR glosses over this important issue. Specifically, the DSEIR states:
“3.21.1 There has not been a wildland fire of any significance in Beverly Hills, and the last large wildland fire adjacent to the city occurred in Franklin Canyon more than 50 years ago” This is completely inaccurate.
The DSEIR fails to discuss the Bel-Air Fire of 1961. Bel Air is just a few miles west of Beverly Hills. The Bel Air Fire was a disaster that began as a construction debris fire on November 6, 1961 in the Bel Air Community of Los Angeles. The fire destroyed 484 homes and burned 6,090 acres. At least 200 firemen were injured. This fire moved so quickly and burned so out of control that children were at The John Thomas Dye school that day and then evacuated by noon. By that evening, The John Thomas Dye School had burned to the ground. Much of the difficulty in fighting that fire came from the narrow streets and limited access in Bel Air.
The DSEIR also fails to discuss the Getty Fire of 2019 which burned 745 acres in Los Angeles. Thousands of people were evacuated during this fire and schools were closed. 10 homes were destroyed, and 15 residences were damaged.
On August 15, 2022, a quarter acre fire started at 2040 N. Beverly Dr. (about one mile or less from the Gardens and grew to around one acre. The fire was contained 90 minutes after it stated, according to LAFD. The fire was in medium to heavy brush and was burning uphill, authorities said. Some 85 Los Angeles County firefighters responded to the brush fire by ground and air with the help of the Beverly Hills and LA County fire departments, according to LAFD.
Wildfire is a real hazard for Beverly Hills and can’t be minimized. The Gardens are particularly prone to fire for several reasons. There is a palm grove and palm trees are notorious for sending embers once ignited. The limitation on watering in the current drought. Most importantly, access to the Gardens is very limited.
EMERGENCY RESPONSE
The DSEIR failed to discuss the important fact that Beverly Hills Fire Department vehicles (fire trucks, ambulances and rescue vehicles) do not have access to the Garden property. First responders can only access the Garden on foot. A building overhang on the property blocks access to the property by rescue and emergency vehicles. because of the overhang in the parking lot, no fire trucks or emergency vehicles can access the property.
Note, the six-acre property is undulated, and some areas have limited, uneven pathways compounding an emergency response. This limitation has the potential to delay a critical rescue as well as delay transport to hospital facilities especially when rescue personnel have access limitations.
The fire risk at the Gardens presents another unique concern. According to the County staff a pressurized fire hydrant exists in the front of the Gardens’ grounds. The City Fire Marshall, however, failed to indicate knowledge of this hydrant. In the event of a serious fire, however, additional fire hydrants may be needed. Any backup hydrant would need to extend considerable distances, possibly even from Carolyn Way, Cove, and/or Crescent. The nearest fire hydrant appears to be at 1017 Crescent Drive, a considerable distance from the entrance to the Gardens. This fact will again complicate and delay any response to a fire emergency at the Gardens, perhaps even threaten historic features of the property and potentially spread fire to nearby residences. Any concern for the safety of visitors and staff compels rules and operational procedures which account for the safety limitations of the property. The DSEIR fails to address this critical concern.
SPECIAL EVENTS
Special Events will require set up on the property, since there is no kitchen or catering facilities. The DSEIR also talks about setting up additional lighting and sound systems. Not only will these require many people entering the Gardens to set up and take down, in addition to the attendees at the Special Events, but there is also a known risk that catering facilities, lighting and sound systems malfunction and present a new threat of fire.
During Special Events, cars clog the neighbor streets, blocking many driveways and limiting Emergency vehicles from accessing private homes in the area. If the neighbors have an emergency and call 911, the emergency vehicle may not be able to reach them.
As residents of Beverly Hills, we believe that the risk of Fire and Emergency is a critical adverse impact which the County DSEIR has completely ignored.
Sincerely,
Kathy and Al Checchi Cove Way
Roxanne Heptner Cove Way
Jodi and Don Stine Cove Way
Michael and Michelle Weiner Carolyn Way
Michael McAlister and Cove Way, Carolyn Way, 1
August 17, 2022
Ms. Jui Ing Chien
Park Planner
County of Los Angeles
Department of Parks and Recreation
1000 S. Fremont Ave.
Unit #40 A-9 West, 3rd Floor
Alhambra, CA 91083
Dear Ms. Chien,
I live at 1031 Cove Way, directly behind the Robinson’s estate. I attended the last two meeting and I was surprised by how the language changed so drastically. Compromise, concerns and compassion was at the first one I attended. “We can and will change any ordinance that stands in our way”. We can rewrite them “for the greater good”, seemed to be your mantra at this last meeting. Our concerns were no longer your concerns. What happened to us? We matter, we are the people who will have to adjust or move.
Noise travels in the canyons, beyond the immediate area and the increase of events will bring loud music to the area, yet you don’t address this. Living across the street, I have had to shut all windows and doors. For four events a year this was tolerable, but for 24 events this will be intolerable.
We live with the threat of fire daily, especially now that our water has been drastically reduced. The locals are aware of this threat but will the others be as concerned? We the residents live with traffic congestion daily as was are wedged between two canyons, Benedict and Coldwater. The intersections of Hartford & Benedict and Lexington & Hartford are lined daily with bumper to bumper traffic. The intersection of Lexington and Hartford is so congested it is impossible to get to Cove Way without joining in the line of cars. Your SEIR report concludes that only Elden way will be impacted, this is physically not true. Crescent, Elden and Lexington is an extremely congested intersection due to the hotel on Crescent.
I, along with the local residents agree on some increase programs, especially those for children. I cannot agree to 24 additional events. Compromise is needed.
If this was you, and not me in this situation, how would you feel? The county will ruin the tranquility and safety we have in order to increase revenue for the county, What was the original intent of Mrs. Robinson? Not this.
Regards,
Roxanne Heptner
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Objection to proposed changes to the Robinson's Gardens by LA County Sharon Messer
Wed 8/17/2022 3:49 PM
To: Chloe Chen [email protected]
CAUTION: External Sender
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Dear Ms. Solis,Ms. Mitchell, Ms. Kuehl, Ms. Hahn, Ms. Davenport and Ms. Barger I am a neighbor to the Robinson Gardens and a resident of Beverly Hills. I feel that it is totally inappropriate for those who are not close neighbors to say that we will not be impacted by the proposed changes and that we need to live with the consequences “for the greater good” I find that the SEIR report is incomplete. We are impacted and your demands are totally unreasonable.
1 Every time there is an event on Elden Way, we hear every word and every song as if the microphone and/or amplifier were used on Cove Way in our own backyards. Sound carries in the foothills.
2. When the RG has had their major fundraisers, event staff, volunteers, etc. have parked on our street as they set up and run the event Often not just for one day but several consecutive days. Parking is inadequate for event staff.
3. There is no definition as to the number of special events in terms of type of event or when an event must end. Perhaps you should consider stating the number of events that are directly supported by the RG and where 100% of the profit benefits the Garden versus the number of outside charity events or family events you plan to hold whereby the Gardens only receives a facility or use fee. Why have you not specified a cap on the number of people who may attend a special event including staff?
4 You are proposing that the Gardens be open until Sunset Does this mean that you will have all staff and personnel off the property by the time twilight ends? Or are you planning to extend the hours for special weekend and evening events? It would be much more palatable if all staff, guests, and personnel were off the property by the end of twilight. (For example, on June 23, the longest day of the year, Sunset is at 8 10 and twilight ends at 8 37 August 10 Sunset was at 7:47 with last light scheduled for 8:11 and in the winter months when the days are much shorter, twilight ends by 6:00 p.m. Does this mean you will be having more events from May through September because of the colder evenings and shorter days the rest of the year?
5. The County is proposing 200 visitors per day, does this number also include personnel and event staff? It takes a lot of staff to run any kind of an event. Is there a cap on the number of people who may attend a special event or whether staff/personnel are included in this cap as 8/17/22, 4:15 PM Mail - Chloe Chen - Outlook
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this is not stated in your proposal. This implies that you can have an unlimited number. When there is a major evening event, a lot of staff and personnel come and go throughout the day for set-up. This is a lot more traffic and trips than you have proposed.
6. Once the County changes the number of events, hours, etc. who has the authority to decide whether visitation to the Gardens will continue to be by appointment only? Or that the definition of a special event wouldn't be changed? Or that the County wouldn't decide to run events without RG docents being present.
7. While you encourage public transportation and ridesharing, the reality is that many people park their cars on neighboring streets and walk to the Gardens when there is a large event You cannot promise or guarantee that guests and staff will not park in our neighborhood
8. As a neighbor who has supported the Robinson Garden in the past, I fully support their daytime activities but object to more than the 4 evening events currently allowed. I support the use of the Garden as an educational and research facility as well as a Botanical Garden. I DO NOT SUPPORT THE USE OF THE GARDEN AS A PARTY VENUE and am disappointed that no one has ever asked us what would be reasonable.
Sincerely,
Sharon A Messer
Cove Way, Beverly Hills, CA 90210