SR-400-005-22
PCD:AA:AS:JL:TK:F:\CityPlanning\Share\COUNCIL\STRPT\2005\FencesHedges Interim 71205.doc
July 12, 2005 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Introduction and First Reading of an Interim Ordinance Establishing New
Fence, Wall, and Hedge Standards, Including Changes to the Hedge
Definition, Allowable Hedge Heights, Defined Front Yard Area, Front Yard
Ornamental Structures, Front Yard Safety Guardrails, and Terraced Walls;
Grandparenting Existing Nonconforming Hedges; Establishing
Administrative And Discretionary Height Modification Procedures; and
Adoption of a Fee Resolution Establishing New Fees for Processing
Fence and Hedge Modification Applications
INTRODUCTION
This report recommends that the City Council introduce for first reading an interim
ordinance establishing new fence, wall, and hedge standards. The proposed ordinance
and resolution, which establish new fees for two new application procedures, are
included with this report as Attachments A and B, respectively.
BACKGROUND
On October 12, 2004, the City Council discussed current regulations and enforcement
practices pertaining to fences and hedges. After reviewing regulations from other cities
and results from a public workshop, and receiving public testimony, the City Council on
May 10, 2005, directed staff to return with an interim ordinance. The interim ordinance
was to retain certain existing regulations but allow for greater hedge heights in side and
rear yards, decorative features in front yards, grandparent existing hedges, and propose
an efficient low cost height modification process.
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DISCUSSION
The attached interim ordinance introduces new fence and hedge regulations as well as
simple administrative and discretionary adjustment procedures at a low cost to extend
the heights of these structures under certain circumstances. Provisions allowing
existing nonconforming hedges to be grandparented are also included, but as the report
will describe, consideration should be given as to whether hedges should continue to be
regulated. The interim ordinance also incorporates some existing regulations that the
Council directed be retained.
Regulations to be Maintained
All fence, wall and hedge structures located in the front yard setback may not exceed 42
inches in height. Fences and walls will continue to be limited to eight feet in height
within side and rear yard setbacks. The methodology for determining the height of a
fence or hedge is clarified in the ordinance to occur from the lowest finished grade on
either side of the structure; this approach is consistent with past application of the
existing requirements. Measuring height from the highest adjacent grade has the
potential to create taller walls at the sidewalk and within the front yard setback, which is
inconsistent with the regulation’s intent. Property owners with unique lot conditions that
require taller heights in the front yard setback will benefit from other new provisions
detailed below and will continue to be eligible to apply for a variance if further relief is
necessary. The City’s Hazardous Visual Obstruction requirement, which limits any new
structure, including a hedge, from impeding the view of a motorist and pedestrian at the
intersection of any proposed or existing driveway and the property line, will continue to
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apply to all properties in the city and remain as stated in Santa Monica Municipal Code
(SMMC) Section 9.04.10.02.090. Lastly, the existing fence and wall definition remains
unchanged.
Regulations to be Modified
The following standards address the City Council’s desire for greater hedge heights in
side and rear yards, increased flexibility for ornamental structures within the front yard
setback, and provisions to allow existing nonconforming hedges to be grandparented.
The regulations also introduce new standards that address safety concerns, sloped lots,
and allow taller fences and hedges in the front yard when an existing structure has a
nonconforming front yard setback.
Grandparenting Nonconforming Hedges
Consistent with the Council’s direction, all existing hedges will be grandparented at their
existing heights. A process is described below that allows immediate neighbors 60 days
from the adoption of this interim ordinance to object to a nonconforming hedge. A
citywide notice will need to be mailed to inform the public of this limited-period process
at the cost of approximately $7,000 for postcard format notices and postage. It is
anticipated that the cost for this mailing can be absorbed within the existing City
Planning Division budget.
While grandparenting allows hedge owners to retain their existing nonconforming
hedges, enforcement of future hedge height complaints will be problematic. Only by
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inventorying existing nonconforming hedges can the City effectively respond to future
complaints. For instance, a neighbor’s nonconforming hedge at 20 feet at the time this
ordinance is adopted may not pose a significant problem to register an objection, but
two years later at 27 feet, the hedge may be more of a concern. A complaint filed with
the City about the neighbor’s hedge could not be acted upon because there is no record
of the grandparented 20 feet height. Also, a conforming hedge today may become
nonconforming if allowed to grow. Unless a neighbor is vigilant about monitoring a
neighbor’s hedge, it will not be possible to distinguish between a grandparented hedge
and a compliant hedge that grew to a nonconforming height. Inventorying
nonconforming hedges through a registration process or field inspection would involve
extensive effort and likely prolong resolution of the fence and hedge issue. Another
alternative would be to create an inventory of all hedges by allowing property owners to
voluntarily deliver or email digital photos of their grandparented hedges. However, this
option would also prove problematic because of the difficulty verifying the heights and
locations of hedges shown in photographs.
Alternatively, given the complexities and resources associated with grandparenting and
enforcement of hedges, including the fact that hedges grow over time, the Council may
want to reconsider whether hedges should continue to be regulated.
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Hedge definition
The existing hedge definition is problematic because it contains subjective language
causing differences of interpretation when applied to actual conditions. To address this
problem, the following objective language is proposed:
Hedge - A barrier of plant material that functions as an enclosure or used as
screening. A hedge includes, but is not limited to a series of shrubs, bushes,
or trees whose individual width exceeds the open space width between each
individual shrub, bush, or tree, as measured at any point.
Attachment E illustrates examples of plant materials that would and would not be
considered hedges under the proposed revised definition. The existing definitions for
fences and walls would remain pursuant to Council direction.
Increased Hedge Heights
Hedges located in the side and rear yard may extend to a maximum height of 12 feet
unless adjacent to an alley; for alley situations, there will be no height limitation. While
the Council discussed a range between 10 and 16 feet for side and rear yard hedges,
staff recommends 12 feet as a way to balance a property owner’s desire for increased
privacy while ensuring a neighbor’s access to natural light is sufficiently maintained.
However, opportunities for greater heights are identified in the modification section later
in this report.
Front Yard Area Defined
The front yard setback is the area between the front property line and a set distance
ranging from 10 to 40 feet in depth, toward the rear property line, as identified on the
City’s Districting Maps. The typical front yard setback is 20 feet. Fences and hedges in
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this area are limited to 42 inches in height. The interim ordinance includes a provision
that redefines this area to occur between the front property line and the nearest building
wall or front setback line, whichever is the shorter distance. This standard will allow
some fences and hedges within the required front yard setback to be taller than 42
inches, but no closer to the front property line than the existing structure. This approach
is different than the current standard but will serve to reduce the number of
nonconforming fence and hedge structures, assist code enforcement efforts, and allow
property owners and tenants an opportunity to make a limited outdoor area adjacent to
the residence more private, without significantly impacting the neighborhood
streetscape. This provision is illustrated in Attachment F.
Front Yard Ornamental Structures
A pergola or similar entrance feature and decorative attachments to fences, walls and
hedges may be permitted in the front yard. One pergola limited to seven feet in height
and width, and three feet in depth shall be permitted in the front yard setback. Each
decorative attachment to the wall may extend up to 12 inches above the maximum
height limit with each attachment having a maximum width of 12 inches; however, there
must be a minimum distance of five feet between each element to reinforce the
decorative intent of this provision.
Front Yard Safety Guardrails
Existing regulations do not take into consideration the need for safety guardrails within
the front yard setback. In some situations, the intended use of the front yard and the
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grade differential, typically between private and public properties, requires the
construction of a guardrail to prevent injury. However, the 42 inch wall limitation may
prevent the placement of the guardrail because the overall structure, wall and guardrail,
would exceed the height limit. This may require a property owner to redesign the front
yard resulting in less usable area or the submission of a variance application to remedy
the hardship. The proposed standards would allow the construction of a guardrail atop a
42 inch fence, but only to the minimum extent necessary to address an objective safety
concern identified in the Building Code and, only if it is at least 50% visually transparent
above the fence height limit.
Terraced Walls
Sloped lots, particularly upward sloping from the street, create challenging conditions
when property owners seek to increase the useable area of the front yard, or simply
raise the grade to match a more consistent parcel elevation. This is typically achieved
by terracing a series of walls starting at the front property line. While the existing
regulations limit walls to 42 inches, there is no minimum setback between these
structures. This could result in a 42 inch retaining wall at the front property, immediately
followed by another 42 inch behind the first wall. From the sidewalk, the perception
would be an 84 inch wall, which is inconsistent with the intent of this regulation.
Therefore, the interim ordinance includes standards that require a minimum separation
between walls that is equal to the height of the nearest wall. This is intended to ensure
that multiple walls built in close proximity to each other do not appear as one larger
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structure, which may have the potential to impact neighborhood character. This
regulation is illustrated in Attachment G.
Modification and Grandparenting Procedures
The interim ordinance sets forth two modification and one grandparenting procedure.
These are not alternatives, but rather three district processes to address Council
direction to keep any modification procedure simple and administered at a low cost.
Grandparented Objection Procedure
Following the effective date of this ordinance, there will be a 60 day period in which a
neighbor can file an objection that a nonconforming hedge adversely affects his/her
quality of life. Complaints can only be filed by neighbors that have intersecting or shared
property lines. The evaluation criteria to respond to the complaint will be based on
historical conditions and quality of life impacts including but not limited to light, shadow,
and air. The complainant bears the burden of demonstrating how each of these criteria
necessitates the hedge being reduced to a conforming height. Unless there is
substantial evidence that there is a safety violation or that the hedge significantly
impacts the complainant’s quality of life, the preexisting hedge condition will be allowed
to remain. However, the City’s hazardous visual obstruction regulations will continue to
be enforced, and there can be no claim to grandparent hedges that currently violate
these regulations.
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The Zoning Administrator will render an administrative determination on the complaint
after sending notice to the affected property owner(s) and providing him/her an
opportunity to voluntarily submit additional information. The decision, which is not
appealable, will be mailed to the complainant and the affected property owner. It is
anticipated that this process can be administered at no cost as there will likely be few
complaints, limited mailings, and the process as described will not burden existing staff
resources. This process will be removed from the interim ordinance if the Council
decides not to enforce hedge regulations.
Administrative Modification to Increase Fence and Hedge Heights
This procedure allows the Zoning Administrator to administratively grant a modification
to increase the height of side and rear yard fences, walls and hedges by four feet,
provided adjacent affected neighbors do not object. Administrative modification to front
yard fences is not proposed given the potential for neighborhood-wide concerns
associated with higher front yard fences or hedges. After verifying property ownership,
and receipt of a signed notarized letter from the adjacent affected property owners
agreeing to a set height, a decision to increase these structures by up to four feet will be
rendered based on the following finding:
The subject fence, wall or hedge height has been agreed to by affected
adjacent property owners and does not exceed four feet above the
standard height limit.
Final determinations by the City will be recorded with the Los Angles County Assessor’s
office for each property. It is anticipated that there will be several requests to
administratively increase the heights of property line walls or hedges. To recover the
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estimated one hour of staff work associated with this process, a fee of $161.21, the
hourly rate, will be assessed.
Discretionary Modification Request
If neighboring property owners do not agree to the proposed height modifications within
four feet or the height is greater than can be administratively approved, an application
may be submitted that is consistent with the City’s existing variance procedure.
However, as detailed in the attached interim ordinance, findings supporting the request
will be based on factors that relate more to neighborhood character and disturbances as
opposed to extreme or unusual hardship. This will include evaluation of existing fences
and hedges in the neighborhood, adjacent land uses, proximity to noisy streets and
perceived safety concerns other than hazardous visual obstructions which remain
prohibited. Constraints associated with a unique parcel will still be acceptable
arguments for increased height, but is not a required finding when rendering a decision.
As this process follows the existing variance procedure, which requires mailed
notification to property owners within 300 feet and a public hearing, the application
review time would remain the same at about three months. However, because there will
be fewer findings to make, and due to anticipated efficiencies processing this type of
application, the cost will be somewhat lower than the existing Variance fee which is
$1,570. Staff anticipates it will take approximately four hours to process this application
and cost $644.84 based on the 05-06 Fiscal Year hourly rate for an Associate Planner.
Unlike the administrative procedure detailed above, this process allows for increased
heights in front yards, which has a greater likelihood to impact neighborhood character.
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Because these modifications not only affect adjacent property owners, but other
neighborhood residents and those traveling along the street, it is appropriate to have a
public hearing process to ensure all perspectives are considered. This decision by the
Zoning Administrator is appealable to the Planning Commission.
CONCLUSION
Based on public input and Council direction, revisions to the current standards for
fences, walls, and hedges are required to balance competing interests. The proposed
interim ordinance seeks to clarify the definition of a hedge, maintain the existing front
yard heights limits for fences, walls, and hedges, maintain the side and rear yard height
limits for fences, and increase the side and rear yard height limits for hedges while
allowing increased flexibility for property owners and improved code enforcement
capabilities by allowing certain allowances for increased heights and a more simple and
streamlined height modification process. The Interim Ordinance standards are intended
to remain in effect until the Zoning Ordinance is updated next year, at which point
further modifications can be made if necessary.
CEQA STATUS
The project is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). Specifically, where it can be
seen with certainty that an action on a project will not result in a significant effect of the
environment, that project shall be exempt from environmental review. The proposed
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ordinance modifies existing regulations to provide a better understanding of the
requirements, clarify procedures, and improve code enforcement efforts.
PUBLIC NOTIFICATION
A legal advertisement was published in the “California” section of the Los Angeles
Times at least ten consecutive calendar days prior to the hearing and sent to all
neighborhood organizations. A copy of the notice is contained in Attachment D.
BUDGET / FINANCIAL IMPACT
The recommendation in this report would establish new fees to administer two new
applications. The first application is an administrative procedure that would require one
hour of staff effort to process. The 2005-2006 fiscal year hourly rate for an Associate
Planner is $161.21, including salary and fringe benefits. It is the purpose of the fee
resolution to recover the cost of this service.
The second process requires discretionary review. These applications inherently require
greater staff effort to account for broader community input. As proposed, the new
procedure would be similar to the City’s variance application process, but it will not
require as much effort to prepare a final determination given the limited scope of review.
It is anticipated that it will take four hours of an Associate Planner’s time to administer
this application. Therefore, to recover the cost of this service, a fee of $644.84 is
proposed, consistent with the above methodology.
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Additional revenues from the new fees will be determined by the number of applications
received and will be deposited at account 01266.401560. The amount is estimated to
be minimal although the exact amount is unknown at this time.
RECOMMENDATION
Staff recommends the City Council introduce for first reading the attached Interim
Ordinance establishing new fence, wall, and hedge standards and adopt the fee
resolution to address the proposed height modification process.
Prepared by: Andy Agle, Interim Director
Amanda Schachter, Planning Manager
Jonathan Lait, AICP, Principal Planner
Tony Kim, Associate Planner
Planning and Community Development Department
Attachments: A. Proposed Interim Ordinance
B. Proposed Fee Resolution
C. Summary Fence and Hedge Regulations (Table)
D. Public Hearing Notice
E. Hedge Photographs
F. Front Yard Area Illustration
G. Terraced Walls Illustration
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ATTACHMENT A
Proposed Interim Ordinance
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F:\atty\muni\laws\barry\hedgesamend-1.doc
City Council Meeting 7-12-05 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING NEW FENCE, WALL AND HEDGE STANDARDS,
INCLUDING CHANGES TO THE HEDGE DEFINITION, ALLOWABLE HEDGE
HEIGHTS, DEFINED FRONT YARD AREA, FRONT YARD ORNAMENTAL
STRUCTURES, FRONT YARD SAFETY GUARDRAILS, AND TERRACED WALLS;
GRANDPARENTING EXISTING NONCONFORMING HEDGES, AND ESTABLISHING
ADMINISTRATIVE AND DISCRETIONARY HEIGHT MODIFICATION PROCEDURES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose. The Council finds and declares:
(a) During the past several years, the City received numerous complaints
regarding fences and hedges that exceed the City’s height limits and the lack of
enforcement of these regulations.
(b) In response to these complaints, the City’s Code Enforcement staff began a
program to encourage compliance and increase enforcement.
(c) In 2003-04, the City initiated hundreds of complaints for fences, hedges, and
walls violations.
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(d) The enforcement procedures undertaken by the City and the number of
violations that the City pursued resulted in a significant public negative response.
(e) Based on this public reaction, at City Council direction, enforcement of fence,
hedge, and wall height violations, except safety—related violations, was stayed until the
regulations and enforcement practices could be reevaluated.
(f) On October 12, 2004, the City Council heard extensive public testimony and
discussed current regulation and enforcement practices pertaining to wall, fences, and
hedges. At this meeting, the City Council directed to staff to consider a number of
issues including alternative wall, fence and hedge height limits, opportunities to seek
height adjustments, appropriate standards for design elements such as pergolas, and
enforcement of nonconforming hedges. The Council also directed staff to review
regulations in neighboring cities and conduct a public workshop.
(g) City staff held the public workshop on March 9, 2005. The Planning
Commission addressed these issues at a public hearing on April 6, 2005.
(h) On May 10, 2005, the City Council reviewed regulations from other cities and
results from a public workshop and received extensive public testimony.
(i) Many people testified that the excessive regulation of hedge heights raise
issues of paramount importance including infringement on personal security and
privacy. Others residing adjacent to nonconforming hedges testified that these hedges
impede their access to light and air and create detrimental shade and shadow impacts.
This testimony highlighted the significant concern in the community regarding the
appropriate standards that should govern walls, hedges, and fences.
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th
(j) At the May 10 hearing, the City Council directed staff to return with an
interim ordinance which would retain certain existing regulations but authorize greater
hedge heights in side and rear yards, allow decorative features in front yards,
grandparent existing hedges, and establish a low cost height modification process.
(k) As detailed above, the existing fence and hedge regulations pose a current
and immediate threat to the public health, safety, and welfare of the residents. For
these reasons, the Zoning Ordinance requires review and revision as it pertains to the
appropriate standards that should govern fences, hedges, and walls.
(l) Pending completion of this review and revision, which will occur as part of the
Land Use Element/Zoning Ordinance update, in order to protect the public health,
safety, and welfare, it is necessary on an interim basis to change the current fence, wall,
and hedge standards, including changes to the hedge definition, allowable hedge
heights, defined front yard area, front yard ornamental structures, front yard safety
guardrails, and terraced wall; to grandparent existing nonconforming hedges, and to
establish administrative and discretionary height modification procedures.
SECTION 2. Interim Zoning. Subject to the hazardous visual obstruction
requirements of Santa Monica Municipal Code Section 9.04.10.02.090, any fence, wall,
hedge, or flagpole shall comply with the following standards:
(a) Definitions.
(1) Hedge. A barrier of plant material that functions as an enclosure or is used
as screening. A hedge includes, but is not limited to a series of shrubs, bushes, or trees
whose individual width exceeds the open space width between each individual shrub,
bush, or tree, as measured at any point.
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(2) Front yard area. The area between the front property line and the nearest
building wall or front setback line, whichever is the shorter distance.
(b) Maximum Heights in Front Yard Area.
(1) Hedges, fences and walls shall not exceed forty-two inches in height.
(2) One pergola or similar type entrance feature limited to seven feet in height
and width, and three feet in depth shall be permitted. Ornamental attachments atop a
fence, wall, or hedge shall be permitted up to twelve inches above the maximum height
limit with a maximum width of twelve inches for each attachment and a minimum
distance of five feet between each attachment.
(3) A guardrail may exceed the maximum height limit for a fence, but only to the
minimum extent required for safety by the Building Code. Safety guardrails must be at
least 50% visually transparent above the fence height limit.
(4) Each terraced fence, wall or hedge, or combination thereof, shall be set back
a minimum distance from each other equal to the height of the nearest fence, wall or
hedge.
(c) Maximum Heights in Side and Rear Yards.
(1) A hedge shall not exceed twelve feet in height, except that there shall be no
height limit for hedges adjacent to an alley.
(2) Fences and walls shall not exceed eight feet in height.
(3) A guardrail may exceed the maximum height limit for a fence, but only to the
minimum extent required for safety by the Building Code. Safety guardrails must be at
least 50% visually transparent above fence height limit.
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(d) Measuring Heights. The height of a fence, wall, or hedge shall be measured
from the lowest finished grade on either side of the fence, wall, or hedge.
(e) Height Modifications – Administrative Process. The owner of a fence, wall or
hedge may request that the Zoning Administrator administratively grant a modification to
the height limit of side and rear fences, walls and hedges provided the height
modification does not extend more than four feet above the height limit established in
subsection (c) of this Section. The Zoning Administrator may grant this modification
request if the following findings of fact are made:
(1) The adjacent property owner(s) that share a common property line nearest to
the fence, wall or hedge have agreed to the proposed increase in height.
(2) The adjacent property owner(s) have provided verification of ownership in the
adjacent property, have executed a notarized letter agreeing to the proposed height
modification, and have agreed that notice of the modification determination can be
recorded on their property with the Los Angeles County Recorder’s Office.
The Zoning Administrator modification determination is not appealable and shall be
recorded with the Los Angeles County Recorder’s Office on each property.
(f) Height Modification - Discretionary process: If an adjacent affected owner
does not agree to a proposed fence, wall, or hedge height modification in accordance
with subsection (e) of this Section or if the owner of a fence, wall or hedge requests a
height modification in excess of four feet in the side or rear yards or any modification to
the height limits in the front yard area, the owner of the fence, wall or hedge may
request that the Zoning Administrator grant a height modification to allow greater fence,
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wall, or hedge height in the front, side, or rear yard of the subject property based on the
following findings:
(1) The subject fence, wall, or hedge will be compatible with other similar
structures in the neighborhood and is required to mitigate impacts from adjacent land
uses, the subject property’s proximity to public rights-of-way, or safety concerns.
(2) The granting of such modification will not be detrimental or injurious to the
property or improvements in the general vicinity and district in which the property is
located.
(3) The modification will not impair the integrity and character of the
neighborhood in which the fence, wall, or hedge is located.
This modification process shall be conducted in accordance with Santa Monica
Municipal Code Section 9.04.20.10.040. However, the variance application findings set
forth in Section 9.04.20.10.050 shall not be required. The decision of the Zoning
Administrator may be appealed to the Planning Commission within 14 consecutive
calendar days of the date the decision is made in the manner provided in Part
9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.050.
(g) Existing Nonconforming Hedges. All existing nonconforming hedges shall be
grandparented at their existing heights as of the effective date of this interim ordinance
unless an objection is filed in accordance with the following procedure:
(1) Within 60 days from the effective date of this interim ordinance, adjacent
property owner(s) or tenant(s) with intersecting or shared property lines with the owner
of the nonconforming hedge may file a written objection to the nonconforming hedge
with the Zoning Administrator. Upon receipt of the written objection, the Zoning
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Administrator shall send notice to the nonconforming hedge property owner(s) and
provide an opportunity for them to submit any relevant information in response to the
objection within ten calendar days. The Zoning Administrator may grant the objection
only if the Zoning Administrator finds that allowing the hedge to remain at its existing
height would be significantly detrimental or injurious to the complainant due to the
hedge’s substantial impact on light, shadow, air, or safety, or other objective quality of
life impacts. It is the complainant’s burden to demonstrate this substantial impact. In
assessing the objection, the Zoning Administrator shall take into account the
nonconforming hedge’s location, age, height, and other related features. If the Zoning
Administrator grants the objection, the height of the hedge shall only be reduced to the
extent necessary to address the identified impacts. The Zoning Administrator’s
determination shall be in writing and is final and not appealable.
After the sixty day objection period has passed, to assert the protections of this
subsection (g), an owner must supply proof of the hedge’s height as of the effective
date of this Interim Ordinance.
(h) Flagpoles. Freestanding flagpoles may not exceed the height restrictions of
the district in which they are located.
SECTION 3. To the extent of any conflict between this Ordinance and the
hazardous visual obstruction requirements of Santa Monica Municipal Code Section
9.04.10.02.090, the hazardous visual obstruction requirements shall control.
SECTION 4. This ordinance shall be of no further force and effect 60 days after
its effective date unless prior to that date, after a public hearing, noticed pursuant to
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Santa Monica Municipal Code Section 9.04.20.22.050, the City Council, by majority
vote, extends this interim ordinance.
SECTION 5. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 6. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 7. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
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official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
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ATTACHMENT B
Proposed Fee Resolution
See Adopted Resolution No. 10058 (CCS)
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ATTACHMENT C
SUMMARY FENCE AND HEDGE REGULATIONS (Table)
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ATTACHMENT C
Summary Fence and Hedge Regulations
CODE STANDARD EXISTING AND PROPOSED INTERIM
CODE STANDARD REGULATIONS
(Fences, Walls, Hedges)
Existing
: A barrier of plant material functioning as an enclosure or
used for screening.
Proposed
: A barrier of plant material that functions as an enclosure or
Hedge
used as screening. A hedge includes, but is not limited to a
Definition
series of shrubs, bushes, or trees whose individual width
exceeds the open space width between each individual
shrub, bush, or tree, as measured at any point.
.
Existing
: 42 inches within front yard setback.
8 feet in side and rear yards.
Proposed
: 42 inches between the front property line and the nearest
building wall, or setback line, which ever is a shorter
distance.
?
Allow an additional 42 inches in height for arbors,
Hedge
pergolas, and other entrance features provided the
Maximum Height Limits
entrance feature is no wider than 7 feet.
?
Allow an additional 12 inches in height for ornamental
hedge features, such as lamps or other individual
decorative features.
12 feet at interior side and rear yards.
Unlimited height at side and rear yards adjacent to an alley.
Existing
: A barrier of any material or combination of materials
Fence & Wall
functioning as an enclosure or for screening.
Definition
Proposed
: No change proposed.
Existing
: 42 inches within front yard setback.
8 feet in side and rear yards.
Proposed
: 42 inches between the front property line and the nearest
building wall, or setback line, which ever is a shorter
distance.
?
Allow greater heights where required by the guardrail
provisions of the Santa Monica Building Code, provided
the addition is to the minimum extent necessary and the
additional height is visually transparent, i.e. guardrails.
?
Fence & Wall Allow an additional 42 inches in height for arbors,
pergolas, and other entrance features provided the
Maximum Height Limits
entrance feature is no wider than 7 feet.
?
Allow an additional 12 inches in height for ornamental
fence or wall attachments, such as lamps or other
individual decorative features.
Remain 8 feet in side and rear yards.
?
Allow greater heights where required by the guardrail
provisions of the Santa Monica Building Code, provided
the addition is to the minimum extent necessary and the
additional height is visually transparent, i.e. guardrails.
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Existing
: The vertical distance between the ground and top of a fence
measured from the existing grade.
Proposed
: The vertical distance between the top of a fence, wall, or
Measuring the Height of
hedge, and the lowest finished grade on either side of the
Fences, Walls, & Hedges
fence, wall, or hedge.
Require a separation between walls that is equal to the
height of the nearest fence or wall (terracing).
Existing
: Adjustment Procedure: The Zoning Administrator may allow
one-foot height adjustment based on special circumstances
related to physical property. Owners and tenants within 100’
radius notified of adjustment application and can request
hearing. Decisions are appealable to the Planning
Commission.
Variance Procedure: The Zoning Administrator may grant
fence, wall and hedge height modifications where special
circumstances and hardships related to physical property
exist. Owners and tenants within 300’ notified and a public
Modifications hearing is required. Decisions are appealable to the
to Hedge, Fence & Wall Planning Commission.
Proposed
: Zoning Administrator Approval: Allow the Zoning
Height Limits
Administrator to administratively approve a four foot increase
to side and rear yard fences and hedges.
Fence, Wall, & Hedge Modification: Allow property owners
an opportunity to seek greater heights for fences, wall, and
hedges, based primarily on the neighborhood character,
context, and the property’s adjacency to more intense land
uses. Require public notification of adjacent, contiguous
neighbor and a public hearing before the Zoning
Administrator with decisions appealable to the Planning
Commission.
Proposed:
All existing hedges to be grandparented at their existing
heights, with immediate neighbors allowed 60 days from
Grandparenting adoption of interim ordinance to file an objection to
Nonconforming Hedges nonconforming hedge if quality of life affected or safety
problem posed. The Zoning Administrator will render an
administrative determination that is not appealable.
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ATTACHMENT D
Public Hearing Notice
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NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT: Fence, Wall, and Hedge Interim Ordinance and Fee Resolution
APPLICANT: City of Santa Monica
PROPERTY OWNER: City of Santa Monica
A public hearing will be held by the City Council to introduce for first reading of an interim ordinance that
would establish new fence, wall, and hedge standards including changes to the hedge definition,
allowable hedge heights, defined front yard area, front yard ornamental structures, front yard safety
guardrails, and terraced walls; grandparent existing nonconforming hedges; establish administrative and
discretionary height modification procedures; and to adopt a fee resolution that establishes new fees for
processing fence and hedge modification applications. These fees will be established based on analysis
prepared by staff demonstrating that the fee does not exceed the estimated reasonable cost of
processing and reviewing these applications. A copy of this analysis and the proposed fees will be
available on July 1, 2005, at the City Clerk’s office in Room 102 of City Hall, 1685 Main Street, Santa
Monica, California. This analysis will also be on the City’s web site. Copies of the staff report will be
available in the City Clerk’s office prior to the City Council hearing date.
DATE/TIME: TUESDAY, JULY 12, 2005, AT 6:45 p.m.
LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall
1685 Main Street, Santa Monica, California
HOW TO COMMENT
The City of Santa Monica encourages public comment. You may comment at the City Council public
hearing, or by writing a letter. Written information will be given to the City Council at the meeting.
Address your letters to: City Clerk
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
If you want more information about this interim ordinance extension, please contact Tony Kim, at (310)
458-8341, or by e-mail at tony.kim@smgov.net. The Zoning Ordinance is available at the Planning
Counter during business hours and on the City’s web site at www.santa-monica.org.
The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310)
458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in
alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10
serve City Hall.
Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in
Court, the challenge may be limited to only those issues raised at the public hearing described in this
notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public
hearing.
ESPAÑOL
Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa
Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación
al número (310) 458-8341.
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ATTACHMENT E
Hedge Photographs
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ATTACHMENT E
Hedge Photographs
Not Considered Hedges
Considered Hedges
per proposed definition
per proposed definition
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ATTACHMENT F
Front Yard Area Illustration
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ATTACHMENT F
Front Yard Area Illustration
Side PLSide PL
Existing House
Required Front
Setback Line
Nearest Building
Wall Line
Front Yard Area
Front PL
Side PLSide PL
Existing House
Nearest Building
Wall Line
Required Front
Setback Line
Front Yard Area
Front PL
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ATTACHMENT G
Terraced Walls Illustration
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ATTACHMENT G
Terraced Walls Illustration
Minimum 42" separation between walls.
42" wall
42" wall
Private Property
Sidewalk or Adjacent
P/L
Private Property
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