SR-071508-13ECouncil Meeting: July 15, 2008
13-E
July 15, 2008
Santa Monica, California
CITY CLERK'S OFFICE -MEMORANDUM
Ta` Mayor and Councilmembers
From: Councilmember Censer and Mayor Pro Tem Bloom
Dater July 15, 2008
13-E: Request of Councilmember Censer and Mayor Pro Tem Bloom to: (1) Direct
staff to return with a process and any legal changes necessary to provide that
all pending appeals relating to Hedge Ordinance No. 2236 (CCS) will be heard
by a hearing officer, and return with time frames (and budget authorization, if
necessary) for hiring a hearing officer as well as an anticipated schedule for
hearings to proceed in as expeditious a manner as possible without
sacrificing due process; (2) to return to Council for adoption of the permanent
"Hedge Ordinance" (to replace Ordinance No. 2236 (CCS)) at the Council's
earliest possible meeting; (3) and, to request comments from the Planning
Commission regarding temporary Ordinance No. 2236 (CCS) and the adoption
of a permanent Ordinance
13-E
July 15, 2008
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F:\attylmuni\lawsibarrylhedgesamendext2nd 8-14-47
City Council Meeting 8-14-d7 Santa Monica, California
ORDINANCE NUMBER 2236 {CCS)
(Ci#y Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA TO EXTEND THE CURRENT INTERIM ORDINANCES MODIFYING FENCE,
WALL AND HEDGE STANDARDS, GRANDPARENTING EXISTING
NONCONFORMING HEDGES, FENCES AND WALLS, AND ESTABLISHING
ADMINISTRATIVE AND DISCRETIONARY HEIGHT MODIFICATION PROCEDURES;
TO CLARIFY 7HE CRITERIA FOR ASSESSING OBJECTIONS TO
NONCONFORMING FENCES, WALLS, AND HEDGES; TO REQUIRE ALL LEGAL
NONCONFORMING FENCES, WALLS, AND HEDGES TO BE REGISTERED, TO
REQUIRE THE MAINTENANCE.OF HEDGES; AND SPECIFYING ASELF-HELP
REMEDY FOR OVERHANGING HEDGES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings and Puraose. The Council finds and declares:
(a) During the past several years, the Ci#y received numerous complaints
regarding fences and hedges that exceed the City's height limits and the lack of
enforcement of these reguiations.
(b) In response to these complaints, the. City's Cade Enforcement staff began a
program to encourage compliance and increase enforcement.
{c} In 2003-04, the City iriitiated hundreds of complaints for fences; hedges, and
walls violations.
(d} The en#orcement procedures undertaken by the City and the number of
violations that the City pursued resulted in a significant public negative response.
(e} Based on #his public teat#ion, at City Council direc#ion, enforcemen# of fence,
hedge, and wall height violations, except safety-related violations, was s#ayed until the
regulations and enforcement practices could be reevaluated.
(f) On .October 12, 2004, the City Council heard extensive public testimony and
discussed currenf regulation and enforcement practices, pertaining to wall, fences, and
hedges. A# this meeting, the Gity Council directed to staff to consider a number of
issues including alternative wall, fence and -hedge height limi#s, opportunities to seek
height adjustments, appropriate standards for design elements such as pergolas, arid
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 tha# these hedges
impede their access to light and air and create detrimental shade and shadow impacts.
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This testimony highlighted the significant concern in the community regarding the
appropriate standards that should govern walls, hedges, and fences.
Q) At the May 10th 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 cast height modification process.
(k) As detailed above, the existing fence, wall, and hedge Zoning regula#ions
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 watts.
(I) Pending completion of this review and revision, which will occur as part of the
Land Use ElementlZoning Ordinance update, in order- to protect the public health,
safety, and welfare, it is necessary on an interim basis to change the curren# fence, wall,
and hedge standards, including changes to the hedge definition, allowable hedge
Neigh#s, defined front yard area, front yard ornamenta[ 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) fn light of the above-mentioned concerns, the Ci#y 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;
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and establishing administrative and discretionary height modifica#ion procedures. The
City Council adopted Ordinance Number 2169 {GCS} an September 13, 2005 which
extended Ordinance Number 2161 (CCS}.
(n} On February 27, 2007, the. City Council adopted Ordinance Number 2219
{CCS) which extended Ordinance Number 2161 {CCS} and Ordinance Number 2169
(CCS) up #o and including September 30, 2007. At that time, the City Council requested
that the interim ardinance be amended in several ways, including but not limited to:
clarifying the cri#eria for evaluating pending objection appeal applications, requiring
property owners to register nonconforming fences, walls, and hedges with the City in
accordance with mod~ed administrative procedures to be adopted by the City Manager,
and requiring property owners to maintain their hedges and providing adjoining property
owners with the right to remove those portions of the hedge that encroach on histher
property. This ord'€nanee has been prepared in accordance with the City Council
direction.
(n) As described above, the City Council finds that an extension of this interim
ardinance is necessary because there exists a current and immediate #hreat to the
public safety, health, and welfare should the interim ordinance not be adopted.
Consequently, this ordinance extends Ordinance Number 2161 {CCS), Ordinance
Number 2169 (CCS}, Ordinance Number 2219 (CCS) up to and including January 9,
2010. This extension will allow sufficient time for staff. to amend the City's Zoning
ordinance on a permanent basis in conjunction with the Land Use Element/Zoning
Ordinance update.
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Interim Zoning. Subject to the hazardous visual obstruction requirements of
Santa Monica Municipal Gode Section 9.04.10.02.090, any fence, .wall, hedge, or
flagpole shall comply with the following s#andards:
(a) Definitions.
(1} Hedge. A boundary or barrier of plant material farmed 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, bushes, or trees.
(2) Front yard area. The area between the front property line and the nearest
building wail or front setback line, whichever is the shorter distance.
(b} Maximum Heights in Front Yard Area.
{1} Hedges, fences and walls shall not exceedforty-two inches in height.
(2} One pergola or similar feature limited to eight feet in height and wid#h,-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 or wail, but only
to the minimum extent required for safety by the Building Code. Safety guardrails must
be at least 50°J° visually transparent above the fence or wall heigh# limit.
(4} Each terraced fence, wall ar 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.
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{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 and located within 1Q feet of an alley, measured
perpendicularly from the side or rear property fine that is adjacent to the 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 trahsparent above fence height limit.
(d) Measurinca Heights. The height of a fence, wall, or hedge shall be measured
from the lowest finished grade an either side of the fence, wall, or hedge.
(e) Height Mod'rfications -Administrative Process. The owner of a fence, wall or
hedge may request that the Zoning Administrator administratively grant a modificatior 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 mod cation determination can be
recorded on their property with the Los Angeles County Recorder's 4ffiee.
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The Zoning Administrator modification determination is nat appealable and shall be
recorded with the Los Angeles County Recorder's Office on each property.
(f) Height Modification -Discretionary oracess: ]f 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 Administra#or 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, wail, ar 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 mod cation 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 charaefer of the
neighborhood in which the fence, wall, or hedge is located.
This mod cation process shall be conducted in accordance with Santa Monica
Municipal Code Sec#ion 9.04.2fl.10A40. However, the variance appiicatian 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
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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 that have been properly registered with the
City shalt be grandparented at their height as of August 26, 2005 unless an objection
was filed in accordance with the following procedure:
{1) No later than October 25, 2005, adjacent properly owner{s) or tenant{s) with
Intersecting or shared property lines with the owner of the nonconforming hedge, fence
or wall may fife a written objection to the nonconforming hedge, fence or wall with the
Zoning Administrator. Upon receipt of the written objection, the- Zoning Administratar
shall send notice to the nonconforming hedge, fence or wall property owners} 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, 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, such as impacts on sunlight-sensitive outdoor
uses, e.g., pools, spas, and gardens: 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 wail's: (A) location, including ifs
proximity to the complainant's dwelling, especially windows; (13} age, including its age
and height at the time of the complainant's acquisition ar occupancy of the property; (C}
height, including its effect on reasonable privacy= expectations; and (D) other related
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factors such as the history of prior complaints, presence of vermin, and history of hedge
maintenance. If the Zoning Administrator grants the objecticn, 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 da#e 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.
{) Registration. Properly owners shall have up to and including November 15,
2007 to register any nonconforming fence,-wall, or hedge located on their property with
the Ciiy that meet the requirements of this Ordinance. The City Manager shall
promulgate rules to permit the registration of grandparented hedges, fiences and walls in
accordance with the requirements of this Ordinance.
{j) Overhanging Hedges. The owner of a hedge shaft maintain the hedge so that
it does not overhang onto the property of an adjoining property owner. If any portion of
a hedge overhangs onto the property of an adjoining property owner, the adjoining
property owner sha(I, after giving thirty days notice and opportunity to cure, have the
right to remove those portions of the hedge that encroach on his/her property back to
the property line sa long as he/she acts reasonably and the removal does not cause
unnecessary injury. The adjoining property owner shaft have the right to file a civil
action to recover all costs reasonably incurred in removing the encroaching portions of
the hedge.
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SECTION. 3. To the extent of any conflict between this Ordinance and the
hazardous visual obstruction requirements of Santa Monica Muricipal Code Section
9.04.14.02.090, the hazardous visual obs#ruction requirements shall con#rol.
SECTION 4. This ordinance shall be of no further fiorce and effect after January
9, 2010.
SEGTiON 5. Nothing in this Ordinance shall preclude any person from seeking
any other remedies, penalties, or procedures provided by law.
SECTION 6. 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 nd further, is hereby repealed or mod~ed to that extent necessary
to effect the provisions of this Ordinance.
SECTION 7. 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 sha@ 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 8. 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 wifhin 15 days after its adoption. This Ordinance shall become
effective 3Q days from its adoption.
APPROVED AS TO FORM:
i~
MA SHA J ES MO RIE
Ci ttorn
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Approved and adop#ed this 14th
State ofi California }
County of Los Angeles) ss.
City of Santa Monica )
day of August, 2007. --~
--_~c "
Richard Bloom, Mayor
I, Maria M. Stewart, Gity Clerk of the Ci#y of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2236 (CCS) had its introduction on July 24, 2007, and was
adopted at the Santa Monica City Council meeting held on August 14, 2007, by the
following vote:
Ayes: Council members: Denser, Holbrook, McKeown, O'Connor, Shriver
Mayor Bloom, Mayor Pro Tem Katz
Noes: Council members: Nane
Abstain: Council members: None
Absent: Council members: None
ATTEST:
.~_~--
Maria M. Stewart, ity Clerk