SR-400-012 (3)
PCD:AA:AS:JL:TK:F:\CityPlanning\Share\COUNCIL\STRPT\2005\FencesHedges Extension 80905a.doc
August 9, 2005 Santa Monica, California
TO: Mayor and Councilmembers
FROM: City Staff
SUBJECT: Introduction and First Reading of a Proposed Interim Ordinance Extending
and Modifying the Provisions of Ordinance 2161 (CCS) 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, Fences and Walls; and
Establishing Administrative and Discretionary Height Modification
Procedures.
INTRODUCTION
This report recommends that the City Council introduce for first reading an interim
ordinance extending until March 31, 2007 the provisions of Ordinance Number 2161
(CCS), which established new fence, wall, and hedge standards with modifications
described below as well as new application processing procedures. Ordinance
Number 2161 (CCS) will expire on October 25, 2005 unless extended prior to that date.
The proposed ordinance is included with this report as Attachment A.
DISCUSSION
The attached ordinance carries forward the fence, wall, and hedge regulations approved
by the Council on July 26, 2005, with the exception of additional language to the section
treating front guardrails and a revision to the hedge definition as directed by Council.
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The language regarding the exception to the front yard height limit for safety guardrails
was expanded to include walls; previous language unintentionally limited the exception
to fences only. The revised standard reads as follows:
A guardrail may exceed the maximum height limit for a fence or wall, 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 or wall height limit.
In response to the City Council’s direction, the hedge definition was also changed. The
new language is proposed as follows:
A boundary or barrier of plant material formed by a row or series of shrubs,
bushes or trees that enclose, divide, or protect an area, or that prevent a person
from passing between any combination of individual shrubs, brushes and trees.
The intent of the hedge definition is to provide an objective description of what
constitutes a hedge. As modified, it also seeks to clarify that freestanding trees with
overlapping canopies are not considered a hedge as directed by Council. The City
Council may also want to consider other definitions that better articulate its intent to
regulate hedges. Two other possible definitions include:
A continuous dense row or series of shrubs, bushes or trees that delineate a
boundary or barrier, which encloses, divides, or protects an area.
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 between the ground elevation and the
maximum permitted height limit for any hedge within the required setback.
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The interim ordinance will be extended until March 31, 2007. During this time staff will
prepare permanent language as part of the comprehensive evaluation of the City’s Land
Use Element and Zoning Ordinance.
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
ordinance modifies existing regulations to provide a better understanding of the
requirements, clarify procedures, and improve code enforcement efforts.
PUBLIC NOTICE
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 B.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report has no budget or financial impact.
RECOMMENDATION
Staff recommends that the City Council introduce for first reading the interim ordinance
included in Attachment A.
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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. Public Notice
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ATTACHMENT A
PROPOSED INTERIM ORDINANCE
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F:\atty\muni\laws\barry\hedgesamendext8-9-05
City Council Meeting 8-9-05 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING AND ADJUSTING THE MODIFICATIONS TO 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,
FENCES AND WALLS, 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, wall, and hedge Zoning 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, wall, and
fences, and to establish administrative and discretionary height modification
procedures.
(m) In light of the above-mentioned concerns, the City Council adopted
Ordinance Number 2161(CCS) on July 26, 2005 changing the current fence, wall, and
hedge standards, including changing the hedge definition, allowable hedge heights,
defined front yard area, front yard ornamental structures, front yard safety guardrails,
and terraced wall; grandparenting existing nonconforming hedges, walls, and fences;
and establishing administrative and discretionary height modification procedures.
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However, Ordinance Number 2161 (CCS) will expire on October 25, 2005 unless
extended.
(n) As described above, the City Council finds that an extension of this interim
ordinance is necessary because there exists a current and immediate threat to the
public safety, health, and welfare should the interim ordinance not be adopted.
Consequently, this ordinance extends Ordinance Number 2161 (CCS) up to and
including March 31, 2007. This extension will allow sufficient time for a comprehensive
planning process to revise these standards on a permanent basis in conjunction with
the Land Use Element/Zoning Ordinance update.
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 boundary or barrier of plant material formed by a row or series of
shrubs, bushes or trees that enclose, divide or protect an area or that prevent a person
Deleted:
A barrier of plant material
that functions as an enclosure or is
from passing between any combination of individual shrubs, bushes, or trees.
used as screening. A hedge
includes, but is not limited to a series
of shrubs, bushes, or trees whose
individual width exceeds the open
(2) Front yard area. The area between the front property line and the nearest
space width between each individual
shrub, bush, or tree, as measured at
any point.
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 feature limited to eight feet in height and width, and
three feet in depth shall be permitted. Ornamental attachments atop a fence, wall, or
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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 or wall, 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 or wall 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.
(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
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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,
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.
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(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, Fences and Walls. All existing
nonconforming hedges, fences and walls 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:
Deleted:
this interim ordinance
(1) Within 60 days from the effective date of Ordinance Number 2161 (CCS),
adjacent property owner(s) or tenant(s) with intersecting or shared property lines with
the owner of the nonconforming hedge, fence or wall may file a written objection to the
nonconforming hedge, fence or wall with the Zoning Administrator. Upon receipt of the
written objection, the Zoning Administrator shall send notice to the nonconforming
hedge, fence or wall 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
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allowing the hedge, fence or wall to remain at its existing height would be significantly
detrimental or injurious to the complainant due to the hedge’s, fence’s or wall’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, fence’s or wall’s location, age, height, and other related
features. If the Zoning Administrator grants the objection, the height of the hedge, fence
or wall shall only be reduced to the extent necessary to address the identified impacts.
The Zoning Administrator’s determination shall be in writing. 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.
(h) Flagpoles. Freestanding flagpoles may not exceed the height restrictions of
the district in which they are located.
(i) Registration. The City Manager shall promulgate rules to permit the
registration of grandparented hedges, fences and walls in accordance with the
requirements of this Ordinance.
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 after March
31, 2007 unless prior to that date, after a public hearing, noticed pursuant to Santa
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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
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
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City Attorney
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ATTACHMENT B
PUBLIC NOTICE
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- CORRECTED -
NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT:
Introduction and First Reading of a Proposed Interim Ordinance Extending the
Provisions of Ordinance 2161 (CCS) 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 Walls,
Fences and Hedges; and Establishing Administrative and Discretionary Height
Modification Procedures.
DATE/TIME: TUESDAY, AUGUST 9, 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
Re: Fence, Wall, and Hedge Interim Ordinance
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
If you want more information about this project or wish to review the project file, 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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