SR-072308-7E~~+
c;~yor City Council Report
Santa Monica
City Council Meeting: July 23, 2008
Agenda Item: ~"-~
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Proposed Ordinance .Revising Process For Hedge, Fence and Wall
Objection Appeals By Assigning Them To A Hearing Examiner
Recommended Action
Staff recommends that the City Council adopt the attached emergency ordinance
changing the process for hedge, fence, and wall appeals by reassigning the hearings
from the Planning Commission to a hearing examiner.
Executive Summary
The attached proposed emergency ordinance would amend the interim ordinance and
implement Council's. direction of July 15, 2008 that staff immediately prepare an
ordinance that would reassign responsibility for hearing appeals of Zoning Administrator
hedge, fence, and wall objection determinations from the Planning Commission town
independent hearing examiner so that the appeals may be processed in an expeditious
manner that will not interfere with the Planning Commission's other important work.
Background and Discussion
Interim Ordinance No. 2236 (CCS), which extended and amended previous interim
ordinances, regulates the height of hedges, walls and fences. It establishes that all
existing nonconforming hedges, fences and walls, properly registered with the City,
shall be grand parented at their height as of August 26, 2005 unless neighbors timely
filed objections. The ordinance assigns responsibility for the initial review of objections
to the Zoning Administrator and establishes that the Zoning Administrator's
determination may be appealed to the Planning Commission. Twenty-three such
appeals are pending. Given the Planning Commission's other work, it is estimated. that
many months will be required. for the Commission to conclude all. of the appeals and
that the appeals could entail many extra meetings and may interfere with the
Commission's other important work. Given these realities, the City Council directed
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staff to immediately prepare an ordinance which would shift responsibility for the appeal
hearings to a hearing examiner.
The attached proposed emergency ordinance fulfills that direction. It specifies that
appeals of Zoning Administrator objection decisions shall be heard by an independent
hearing examiner designated by the City Manager
Financial Impacts & Budget Actions
Staff estimates the cost of the new process for the 23 cases would be about $35,000.
This estimate is based on the likely time required for each hearing and the preparation
of each decision and upon past experience hiring attorneys and others to conduct
administrative hearings.
Prepared by: Marsha Jones Moutrie, City Attorney
Approved:
,L{
M s a Jon s Moutrie
City Attorn
Forwarded to Council:
- ~
P. Lamont Ewell
City Manager
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Reference Ordinance No.
2268 (CCS).