SR-101408-7Ec7-
~;tYOf City Council Report
Santa Monica
City Council Meeting: October 14, 2008
Agenda Item: ~~'" `- ~-
To: Mayor and City Council
From: Eileen Fogarty, Director, Planning and Community Development
Subject: Introduction and First .Reading of an Ordinance modifying Santa Monica
Municipal. Code (SMMC) Section 9.04.02.030.305 [Definition of Fence
Height], Section 9.04.02.030.395 [Definition of Hedge], and Section
9.04.10.02.080 [Fence, Wall, Hedge, Flagpole].
.Recommended Action
Staff recommends that the City Council introduce for first reading the attached
ordinance which will modify fence, wall, and hedge standard to: 1) grandparent existing
nonconforming fences, walls, and .hedges that have been properly registered: 2) to
clarify/establish criteria for the repair and replacement of registered nonconforming
fences, walls, and hedges: 3) to establish .administrative and discretionary height
modification procedures: 4) to require the maintenance of hedges; and to specify aself-
help remedy for trimming overhanging hedges.
Executive Summary
In July 2005, the City Council adopted an interim ordinance modifying the existing
fence, wall, and hedge standards. This ordinance has been subsequently extended and
modified. The City Council recently directed staff to prepare a permanent ordinance
implementing the interim standards into the. Santa Monica Municipal Code for review
and adoption.
The permanent ordinance incorporates the Council's prior actions. The existing interim.
standards are to be incorporated in the Zoning Ordinance with no changes proposed to
the height regulations and height modification procedures. The grandparenting
provisions established in the interim ordinance for existing nonconforming fences, walls,
and hedges that were registered with the City are also included.
The changes proposed to the interim standards are as follows:
• Clarify regulations pertaining to pergolas and similar features in front yard areas;
and
Propose criteria for the repair and replacement of registered nonconforming
fences, walls, and hedges that is more flexible than the criteria used for legal
nonconforming buildings.
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The Planning Commission. reviewed the draft ordinance on September 3, 2008, and
recommended adoption of the ordinance with several modifications. Staff had originally
recommended allowing property owners the ability to repair or replace up to fifty percent
of a nonconforming fence, wall, or hedge to its registered height. This allowed more
flexibility than current zoning practice in which once a nonconforming portion or feature
of a building is removed, the nonconforming portion cannot be replaced unless it is
modified to comply with current requirements. However, after Commission discussion
and public input, the Commission recommended that nonconforming fence, walls, and
hedges repair and replacement to the registered height be allowed if done with in-kind
materials.
The .Commission also wanted to provide some protection for neighbors adjacent to
nonconforming hedges. -They recommended that, if a hedge owner fails to maintain
hedges and does not respond to a neighbor's request to correct overhanging. hedges
after three separate requests, the hedge owner would lose their grandparented status.
The intent of this recommendation is to ensure that enforcement of the fence, wall, and
hedge regulations .remains a priority and is consistently applied. The Commission also
recommended an absolute height limit based on the district height limit for registered
hedges and all hedges located adjacent to alleys.
Background
For the past several years the City has made an effort to reconcile issues concerning
private property fences, walls, and hedges, and perceived impacts related to personal
security, light, air, privacy, neighborhood character, and aesthetics. Responding to
public concern regarding the City's fence, wall, and hedge regulations and enforcement
policies, the City Council directed the preparation of an interim ordinance in 2005 in an
effort to mitigate these concerns.
The intent of the interim ordinance was to:
• Establish clear and objective standards related to fences, walls, and hedges;
• Increase flexibility to allow modifications from objective standards;
• Allow ornamental features, such as pergolas, within the front yard setback area;
Allow existing nonconforming fences, walls, and hedges to be maintained; and
• Give residents living adjacent to a nonconforming fence, wall, or hedge the
opportunity to object to existing over-height fences,. walls, or hedges.
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The ordinance has been subsequently extended and modified to accomplish the
following:
• Require property owners to register nonconforming fences, walls, and hedges in
accordance with modified administrative procedures;
• Require property owners to maintain their hedges; and
• Provide adjoining property owners with the right to remove those portions of the
hedge that encroach over the property line.
The City Council directed the preparation of a permanent ordinance for review and
adoption in advance of the comprehensive Zoning Ordinance update.. The Planning
Commission previously reviewed the proposed ordinance on January 9, 2008, but
continued the matter so that the Commission could review the pending fence, wall, and
hedge objection appeal cases prior to acting on the permanent ordinance. On July 24,
2008, the City Council adopted Ordinance Number 2268 (CCS) modifying the review
process for the pending objection appeals and assigned the. appeals to an independent
hearing examiner to expedite the process. The Council also directed staff to prepare
the permanent ordinance for review and adoption.. The Planning Commission reviewed
the proposed permanent ordinance on September 3, 2008, and recommended adoption
of the ordinance with several modifications.
The proposed ordinance would amend three sections of the Zoning Code:
• Section 9.04.02.030.305 [Definition of Fence Height]
• Section 9.04.02.030.395 [Definition of Hedge]
• Section 9.04.10.02.080 [Fence, Wall, Hedge, Flagpole]
Discussion
Many of the standards incorporated into the Interim Ordinance have worked well,
including: the modification procedures, a clarified height methodology, and allowing
limited ornamehtal structures in front yards. The following table compares the proposed
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regulations to the Zoning Ordinance and identifies modifications to further clarify the
regulations:
ANU t1tU(it UKUINANGt SIANUAKUS
Fence & Wall Regulations
Side & Rear Yard 8 feet 8 feet
Front Yard 42-inches 42-inches
Hedge Regulations
Side & Rear Yard 12 feet (unlimited within 10 feet of an alley) 8 feet
Front Yard 42-inches 42-inches
Modification Procedures
Administrative Up to 4-foot increase to side and rear yard None
heights with neighbor's consent
Discretionary Modify front yard height or increase side None
and rear yard height beyond 4 feet
Nonconforming Fences, Walls and Hedges `
Grandparenting All nonconforming fences, walls, and None
hedges constructed or planted prior to
August 26, 2005 and properly registered
with the City may remain
Repair and Replacement All registered nonconforming fences, walls, SMMC Section 9.04.18
of Nonconforming Fences, and hedges may be repaired and replaced
Walls, and Hedges' to its registered nonconforming height if
done with in-kind materials
her Standards
~amental Structures in Permitted subject to size limitations None
front yard
Pergola Gates/Doors * Permitted within frame of pergola or similar
structure
Height Methodology Measured from lowest adjacent grade
Hedge Definition A boundary of shrubs, bushes dr trees that
enclose or divide an area
Front Yard Area The area between the front property line
(42-inch height limit) and the nearest building wall or front
setback line
Overhanging Hedges Property owner required to maintain hedges
and prevent overhang onto adjoining
property
Flagpoles Not to exceed height restrictions of district
in which they are located
Indicates c/arifyinp
None
Measured from existing grade
A barrier of plant material
functioning as an enclosure
or used for screening
None
None
Not to exceed height
restrictions of district in which
It is recommended that the City Council introduce for first reading the attached
ordinance presented in Attachment A. Additionally, the following two issues have been
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identified, and recommendations to address these concerns are incorporated into the
proposed ordinance.
Pergolas and Similar Features in Front Yard Areas
1. There is an opportunity to clarify the extent to which the interior of the pergola
can be filled in with a solid gate or door. A full gate or door within the maximum
allowable pergola structure can be an acceptable design feature of a front yard fence,
wall, or hedge and can add an aesthetic feature to such a structure without creating a
negative visual impact. As long as a gate or door is maintained within the limited
dimensions of such a pergola or similar feature, the design of an entrance feature within
these dimensions should be allowed. Therefore, it is recommended that the following
language be added:
"One pergola or similar feature limited to eight feet in height and width, and three
feet in depth shall be permitted. Gates or doors shall be permitted within the
frame of the pergola or similar feature."
This language was endorsed by the Planning Commission.
Repair and Replacement of Existing Nonconforming Fences, Walls, and Hedges
2. The interim standards allowed residential property owners to register their
existing- nonconforming fences, walls, and hedges in order to establish a right to
maintain any nonconforming fences, walls, and hedges at the heights as they existed in
August 2005. These registered nonconforming fences and walls will likely need repair or
replacement over time. Likewise,. hedge plantings must be trimmed regularly and some
individual plants will likely need replacement.
Generally, buildings that are destroyed or damaged beyond 50% of the building's value
cannot be rebuilt. Under current .zoning practice, once a nonconforming portion or
feature of a building is removed, the nonconforming portion cannot be replaced unless it
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is modified to comply with current requirements. With the exception of historic
structures, once the height of an over-height building or structure is reduced, the prior
nonconforming height may not be reestablished. These regulations would apply to
nonconforming fences and hedges as well. These regulations could create a potential
hardship for a property owner that needs to replace a relatively small section of a
registered, yet nonconforming fence, wall, or hedge. Adopting a standard that applies
to this class of legal-nonconforming property improvement is needed to provide clarity.
Staff had originally recommended allowing property owners the ability to repair or
replace up to fifty percent of a nonconforming fence, wall, or hedge to its registered
height which provided .more flexibility than current .zoning practice. However, after
Commission discussion and public input, the Commission recommended that property
owners be allowed to repair and replace any portion or all of a nonconforming fence,
wall, and hedge to its registered height without limitations if done with in-kind materials.
Planning Commission Action
The Planning Commission reviewed the proposed ordinance on September 3, 2008,
ahd recommended adoption of the ordinance with several modifications. As noted
above, the Commission recommended that all or any portion of registered
nonconforming fences, walls, and hedges be allowed to be repaired and/or replaced to
its registered nonconforming height if done with in-kind materials, which is included in
the proposed ordinance.
While in support of maintaining the grandparented status of all properly registered
nonconforming fences, walls, and hedges, the Commission believed that a neighbor
adjacent to a registered nonconforming hedge should be allowed some relief from
extremely high hedges and that a complaint process be available for such
circumstances. If a registered nonconforming. hedge exceeded the building height limit
of its respective zoning district (e.g. 28 feet for most R1 properties, 32 feet north of
Montana), an adjacent neighbor should be able to file a complaint with the City requiring
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the hedge owner to reduce the nonconforming hedge height to the zoning district limit.
This absolute height limit would also apply to any new or existing hedge located along.
an alley. While this proposal acknowledges concerns expressed by residents adjacent
to tall hedges, it would reopen the complaint process for some registered hedges.
The Commission further recommended adding language to the ordinance allowing
hedge owners the ability to access an adjacent neighbor's property in order to trim and
maintain their overhanging hedge. Additionally, if a hedge owner fails to maintain any
overhanging hedges and does not respond to a neighbor's request for such
maintenance on three separate occasions, the Commission believed that the subject
hedge should then lose its grandparented status. The intent of this recommendation
was to ensure that enforcement of the fence, wall, and hedge regulations was a priority
and consistently applied.
Clarifying language for the definition of "hedge" and for measuring heights was also
recommended by the Commission. A minor modification to the definition of "hedge" has
been made to encapsulate the broad array. of plant types that can constitute a hedge.
Although the Commission was aware that the procedures for adjudicating objection
appeals are not part of this ordinance, they expressed concern that the findings needed
to determine the fence, wall, and hedge objection appeals were overly burdensome for
complainants. The language allowing pergola gates and doors was also recommended
by the Commission to be included in the permanent ordinance.
Conclusion
In summary, staff recommends that the Council adopt the attached ordinance for first
reading which will make the interim standards permanent as well as:
• Clarify front yard pergola regulations.
• Allow in-kind repair and replacement of registered grandparented hedges.
• Clarify the definition of a hedge.
• Clarify the method for measuring the height of a fehce, wall, or hedge.
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In addition to the recommended action, the City Council could consider the following
with respect to the project:
1. Articulate revised findings and/or ordinance language and adopt the proposed
text amendment, or
2. Articulate revised findings and not adopt the proposed text amendment.
Environmental Analysis
The City's actions to modify the fence, wall, hedge, and flagpole standards are
legislative actions subject to the requirements of the California Environmental Quality
Act (CEQA). In accordance with CEQA Guidelines Sections 15060-15061, staff
conducted a preliminary review and determined that this project is exempt from CEQA
pursuant to CEQA Section 15061(b)(3) in that it can be seen with certainty that the
proposed ordinance does not have the potential to significantly impact the environment
in that the amendments establish objective standards regulating the height of fences,
walls, and hedges in the City's residential districts while retaining legal nonconforming
fences, walls, and hedges. The proposed ordinance serves to further protect the
environment by ensuring that fences, walls, and hedges do not impact neighbors'
access to air and light while still providing flexibility for property owners' privacy and
security concerns.
Public Outreach
Notice of the proposed ordinance language and the Planning Commission and Council
hearings was published in the Santa Monica Daily Press a minimum of 10 days prior to
the hearings. Notices were also mailed to the property owners who had registered their
nonconforming fences, walls, or hedges; objected to a neighbor's nonconforming fence,
wall, or hedge; and appealed a nonconforming fence, wall, or hedge objection
determination.
Financial Impacts & Budget Actions
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There are no financial impacts to the City or required budget actions by the Council
associated with the proposed ordinance.
Prepared by:
Tony Kim, Associate Planner
Approved:
Eileen Fogart
Director, Pla i nyng d om unity
Forwarded to Council:
~mont Ewell
Manager
Attachments:
A. Proposed Ordinance
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F:\atty\muni\laws\barry\hedge ordinance amend 10-14-08
City Council Meeting: October 14, 2008 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
9.04.02.030.305, 9.0402.030.395, AND 9.04.10.02.080 TO MODIFY FENCE, WALL,
AND HEDGE STANDARDS; TO GRANDPARENT EXISTING NONCONFORMING
FENCE, WALL, AND HEDGE THAT HAVE BEEN PROPERLY REGISTERED; TO
CLARIFY/ESTABLISH CRITERIA FOR THE REPAIR AND REPLACEMENT OF
REGISTERED NONCONFORMING FENCES, WALLS, AND HEDGES; TO
ESTABLISH ADMINISTRATIVE AND DISCRETIONARY HEIGHT MODIFICATION
PROCEDURES; TO REQUIRE THE MAINTENANCE OF HEDGES; AND TO SPECIFY
A SELF-HELP REMEDY FOR OVERHANGING HEDGES
WHEREAS, commencing in approximately 2002, the City received numerous
complaints regarding fences and hedges that exceeded the City's height limits and the
lack of enforcement of these regulations; and
WHEREAS, in response to these complaints, the City's .Code Enforcement staff
began a program to encourage compliance and increase enforcement; and
WHEREAS, in 2003-04, the City initiated hundreds of complaints for fences,
hedges, and walls violations; and
WHEREAS, the enforcement procedures undertaken by the City and the number
of violations that the City pursued resulted in a significant public negative response; and
1
WHEREAS, 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; and
WHEREAS, on October 12, 2004, the City Council heard extensive public
testimony and discussed current regulation and enforcement practices pertaining to
wall, fences, and hedges; directed 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; and also directed staff to review regulations in neighboring
cities and conduct a public workshop; and
WHEREAS, City staff held the public workshop on March 9, 2005 and the
Planning Commission addressed these issues at a public hearing on April 6, 2005; and
WHEREAS, on May 10, 2005, the City Council reviewed regulations from other
cities and results from a public workshop and received extensive public testimony; and
WHEREAS, many people testified that the excessive regulation of hedge heights
raise issues of paramount importance including infringement on personal security and
privacy while others residing adjacent to nonconforming hedges testified that these
hedges impede their access to light and air and create detrimental shade and shadow
impacts with this testimony highlighting the significant concern in the community
regarding the appropriate standards that should govern walls, hedges, and fences; and
WHEREAS, at the May 10th hearing, the City Council directed staff to return with
an interim ordinance which would retain certain existing regulations but authorize
2
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; and
WHEREAS, in light of the above-mentioned concerns, the City Couhcil
concluded that the existing fence, wall and hedge zoning regulations posed a current
and immediate threat to the public health, safety, and welfare of the residents and
required revision and that pending completion of this revision, in order to protect the
public health, safety, and welfare, the City Council adopted Ordinance Number
2161(CCS) on July 26, 2005 changing the fence, wall, and hedge standards in the
Zoning Ordinance, 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
subject to neighbor objections; and establishing administrative and discretionary height
modification procedures; and
WHEREAS, the City Council adopted Ordinance Number .2169 (CCS) on
September 13, 2005 which extended Ordinance Number 2161 (CCS); and
WHEREAS, on February 27, 2007, the City Council adopted Ordinance Number
2219 (CCS) which extended Ordinance Number 2161 (CCSJ and Ordinance Number
2169 (CCS) up to and including September 30, 2007 and at that time, the City Council
requested that the interim ordinance be amended in several ways, including but not
limited to: clarifying the criteria for evaluating pending objection appeal applications,
requiring property owners to register nonconforming fences, walls, and hedges with the
City in accordance with modified administrative procedures to be adopted by the City
Manager, and requiring property owners to maintain their hedges and providing
3
adjoining property owners with the right to remove those portions of the hedge that
encroach on his/her property; and
WHEREAS, on August 14, 2007, the City Council adopted Ordinance No. 2236
(CCS) which extended Ordinance Number 2161 (CCS), Ordinance Number 2169
(CCS), Ordinance Number 2219 (CCS) up to and including January 9, 2010 with the
requested amendments; and
WHEREAS, in order to facilitate the timely resolution of pending appeals taken
under this ordinance and to protect the Planning Commission's ability to timely complete
.its other significant work, the City Council recently adopted Ordinance No. 2268 (CCS)
to provide that the administrative appeal hearings shall be conducted by an independent
hearing examiner rather than by the Planning Commission; and
WHEREAS, on November 7, 2007, the Planning Commission held a publio
hearing to adopt a Resolution of Intention which stated the Commission's intention to
recommend modifications to the City's Zoning Ordinance to effectuate the modifications
specified above; and
WHEREAS, oh January 9, 2008 and September 3, 2008, the Planning
Commission held public hearings on the proposed ordinance and after its September 3`d
hearing, recommended that the City Council approve. the proposed ordinance with
certain specified modifications; and
WHEREAS, the City Council considered the proposed ordinance on October 14,
2008; and
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WHEREAS, the proposed amendments are consistent in principle with the goals,
objectives, policies, land uses and programs specified in the adopted General Plan, in
that Land Use Element Objective 1.2 seeks to "ensure compatibility of adjacent land
uses, with particular concern for protecting residential neighborhoods," Land Use
Element Objective 3.3 states that the City's land use policies should seek to "enhance
the pedestrian scale and character of streets and public spaces," and Land. Use
Element Policy 3.4.7 states that the City should attempt "in multiple family residential
areas...to reinforce the continuity of the residential streetscape...and to ensure safety of
children."
WHEREAS, the proposed text amendment will establish clear and objective
standards to ensure the compatibility of fences, walls, and hedges within residential
neighborhoods; and
WHEREAS, the public health, safety, and general welfare require the adoption of
the proposed amendment,. in that the existing fence, wall, and hedge standards have
resulted in issues and impacts related to personal security, access to light and air,
privacy, neighborhood character, and aesthetics and the proposed ordinance will
provide additional standards to mitigate these concerns and impacts to the public
health, safety, and general welfare,
NOW, THEREFORE, THE COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Santa Monica Municipal Code Section 9.04.02.030.305 is hereby
amended to read as follows:
9.04.02.030.305 Fence height.
The vertical distance between the ground and
top of a fence measured from the e~cist+ng lowest
adjacent grade. The height shall be measured in a
continuum at each point along the fence.
SECTION 2. Santa Monica Municipal Gode Section 9.04.02.030.395 is hereby
amended to read as follows:
9.04.02.030.395. Hedge.
A boundary or barrier of plant material
formed by a row or series of shrubs, bushes, trees, or
other similar vegetation that enclose, divide or protect
an area or that prevent a person from passing
between any combination of individual shrubs,
bushes, trees, or other similar vegetation.
SECTION 3. Santa Monica Municipal Code Section 9.04.10.02.080 is hereby
amended to read as follows:
9.04.10.02.080 Fence, wall, hedge, flagpole.
Subject to the hazardous visual obstruction
requirements of Section 9.04.10.02.090, any fence,
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wall, hedge or flagpole shall comply with the following
standards:
(a) Fences, waits, er hedges ~"^'a,u.;--r,~
~'~'^ ~ °~~' ^~^'.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. Gates or doors shall be permitted
within the frame of pergolas or similar features.
(3) 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.
(4) 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
7
Code. Safety_guardrails must be at least 50% visually
transparent above the fence or wall height limit.
For the purpose of regulating the height of
fences, walls; and hedges the front yard area shall be
considered to be the area between the front propertv
line and the nearest building wall or front setback line,
whichever is the shorter distance.
~b)~ Ge^^o~ ,^n~ herlnec oh.,u ..,,+
r^^ '.e,+ ar^^+ „^~a Maximum Heights in Side and
Rear Yards.
/71 /'I\ ~+ + r! hw I'..L fo o fnr n nh.,..l
he ., +^ .,...h+ aee+ '..A hedge shall not exceed
twelve feet in height, except that there shall be no
heiaht limit for hedges adjacent to and located within
10 feet of an alley, measured perpendicularly from the
side or rear propertv jibe 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
8
uardrails must be at least 50% visually transparent
above fence height limit.
~C\ -~e~=rE;e, .nll ,- hn.Jnn hn'nh+ nhnll h°
measured ffom the existing grade. '^ °" ^°°°° +"°
fvnn~ .nll nr hnr7nn hninh+ ~hnll h° m rnrl i
4'n m o+ h # Innn +hn f II
esn ~;,,t.a...-~eac„--~,r-a.o„9--,,,~.enc~~,,,-a
fiedg~Measuring Heights. The height of a fence,
wall, or hedge shall be measured from the lowest
finished grade directly adjacent to either side of the
fence, wall, or hedge. 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.
/d~ Crn°cf.,nrl'nn ilnnnninc. m nn+ ° nnf!
+hn hn'nh+ me#r'n+'nnc of +ha r7'o+rin+ "n u,hinh +hnv .~
Iecated--Height Modifications - Administrative
Process. A property owner may reguesf that the
Zoning Administrator administratively grant a
modification to the height limit of a proposed side or
rear fence, wall, or hedge provided the height
modification does not extend more than four feet
above the height limit established in subsection (b) of
this Section. The Zoning Administrator may grant this
modification request if the following findings of fact
are made:
(1) The adiacent 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 adiacent
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.
(e) Height Modification -Discretionary
Process. If an adiacent affected owner does- not
agree to a proposed fence, wall, or hedge height
modification in accordance with subsection (d) of this
Section- or if a property owner requests a height
modification in excess of four feet in the side or rear
10
yards or any modification to the height limits in the
front yard area, the owner 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 subiect 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 subiect 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 propertv or
improvements in the general vicinity and district in
which the propertv 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
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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.
(f) Registered Existing Nonconforming
Fences, Walls, and Hedges. All existing
nonconforming hedges, fences and walls that were
properly registered with the City by November 15,
2007 in accordance with Interim Ordinance Number
2236 (CCS) ahd the Administrative Guidelines to
Register Existing Nonconforming Fences, Walls, and
Hedges, adopted thereto, shall be grandparented at
their height as of August 26, 2005 unless an objection
was granted in accordance with the procedures
established in Interim Ordinance Number 2169 (CCS)
ar Interim Ordinance Number 2268 (CCS).
(Q) Repairs and Replacements of
Registered Nonconforming Fences, Walls, and
Hedges.
Properly registered Nonconforming fences,
walls, and hedges may be repaired or replaced and
still retain their grandparented right to their August 26,
12
2005 height if the repair or replacement is undertaken
with in-kind vegetation or building material, as
appropriate. Additionally properly registered hedges
may be trimmed to any height and still retain their
grandparented right to their August 26, 2005 height.
(h) Flagpoles. Freestanding flagpoles may
not exceed the heighf restrictions of the district in
which they are located.
(i) Overhanging Hedges. The owner of a
hedge shall maintain the hedge so that it does not
overhang onto the property of an adloininq propertv
owner. If any portion of a hedge overhangs onto the
property of an adloininq property owner, the adloininq
property owner shall after giving thirty days notice
and opportunity to cure have the right to remove
those portions of the hedge that encroach on his/her
propertv back to the propertv line so long as he/she
acts reasonably and the removal does not cause
unnecessary inlury. The adjoining propertv owner
shall 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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(i) Hazardous Visual Obstructions. To
the extent of any conflict between this Section 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. Nothing in this Ordinance shall preclude any person from seeking
any other remedies, penalties, or procedures provided by law.
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.
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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.
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APPROVED AS TO FORM:
Additional attachments
available in City Clerk's
Office for review.