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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. 1 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. 2 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 3 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 4 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 5 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 6 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. 7 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 8 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 9 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 4 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: 5 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, 6 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 11 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. 13 (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. 14 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. 15 APPROVED AS TO FORM: Additional attachments available in City Clerk's Office for review.