Planning Commission Meeting: December
12, 2007
Agenda Item: 10-C
To: Planning Commission
From:
Subject: Proposed Zoning Text Amendments to amend City of 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] to modify fence, wall, and hedge
standards; to define front yard area; to grandparent existing nonconforming
fences, walls, and hedges; to establish criteria for the repair and replacement
of existing nonconforming fences, walls, hedges; to establish administrative
and discretionary height modification procedures; to clarify the criteria for
assessing objections to nonconforming fences, walls, and hedges; to require the
maintenance of hedges; and to specify a self-help remedy for overhanging
hedges.
Recommended Action
It is recommended that the Planning Commission recommend adoption of the proposed text amendment to the City Council.
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 directed staff to prepare a permanent ordinance implementing the
interim standards into the Santa Monica Municipal Code for review and adoption
in early 2008.
The existing interim standards
will be incorporated in the Zoning Ordinance with no changes proposed to the
height regulations and height modification and objection procedures. The process used to register existing
nonconforming fences, walls and hedges will be preserved, maintaining the
grandparenting of all existing nonconforming fences, walls, and hedges that
were registered with the City.
The only changes proposed to the
existing interim standards are as follows:
- Clarify the existing regulations pertaining to pergolas and similar
features in front yard areas; and
- Propose criteria for the repair and replacement of
existing nonconforming hedges, walls, and hedges.
The proposed ordinance language
is contained in Attachment A.
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;
·
Retain nonconforming fences, walls, and hedges; and
·
Give residents living adjacent to a nonconforming fence, wall, or hedge
the opportunity to assert quality of life impacts, thus necessitating the
lowering in height of the nonconforming fence, wall, or hedge.
The
ordinance has been subsequently extended and modified, most recently in August
2007, when the City Council adopted Ordinance Number 2236 (CCS) modifying the
interim standards to accomplish the following:
·
Clarify the criteria for evaluating pending objection appeal
applications;
·
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. On November 7, 2007, the Planning Commission
adopted a resolution of intention to bring forward this proposed text
amendment.
The
proposed modifications would amend four 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
The Interim Ordinance was adopted to reconcile issues concerning fences, walls and hedges on private property and perceived impacts related to personal security, light, air, privacy, neighborhood character and aesthetics. Many of the standards incorporated into the Interim Ordinance changes have worked well, including: the modification procedures, a new height methodology, and a provision for ornamental structures in front yards. The following table compares the existing interim regulations to the Zoning Ordinance and identifies discrete modifications to further enhance the regulations:
|
FENCE, WALL, AND HEDGE
ORDINANCE STANDARDS |
||
|
Standards |
Existing Interim Regulations |
Zoning Ordinance |
|
|
||
|
Fence & Wall Regulations |
||
|
Side & Rear Yard |
8 feet |
8 feet |
|
Front Yard |
42-inches |
42-inches |
|
|
|
|
|
Hedge Regulations |
||
|
Side & Rear Yard |
12 feet (unlimited
adjacent to and 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 heights with neighbor’s consent. |
None |
|
Discretionary |
Modify front yard or
increase beyond 4 feet in height at side and rear yard. |
None |
|
|
||
|
Nonconforming Fences, Walls and Hedges |
||
|
Grandparenting |
All nonconforming
fences, walls and hedges constructed or planted prior to August 26, 2005 may
remain |
None |
|
Registration Procedure |
Self-registration of
nonconforming fence, wall or hedge required Cost: Free |
None |
|
Objection Procedure |
Cost: Free |
None |
|
Objection Appeals |
Appeal of Objection
determination Cost: $222.35 |
None |
|
Repair and Replacement
of Nonconforming Fences, Walls, and Hedges |
Limited removal of up
to 50%, based on horizontal measurement, to be repaired or replaced with
fence, wall, or hedge of existing nonconforming height (paraphrased) |
None |
|
|
|
|
|
Other Interim Standards |
||
|
Ornamental Structures
in front yard |
Permitted subject to
size limitations |
None |
|
Pergola Gates/Doors |
Permitted within frame
of pergola or similar structure |
None |
|
Height Methodology |
Fence, wall or hedge
measured from lowest adjacent grade |
Fence, wall or hedge
measured from existing grade |
|
Hedge Definition |
A boundary of shrubs,
bushes or trees that enclose or divide an area (paraphrased) |
A barrier of plant
material functioning as an enclosure or used for screening |
|
Front Yard Area (42-inch height limit) |
The area between the
front property line and the nearest building wall or front setback line |
None |
|
Overhanging Hedges |
Property owner
required to maintain hedges and prevent overhang onto adjoining property |
None |
|
Flagpoles |
Not to exceed height
restrictions of district in which they are located |
Not to exceed height
restrictions of district in which they are located |
It is recommended that the
Interim Ordinance regulations presented above be incorporated into the
Municipal Code. Additionally, the
following issues have been identified, and recommendations to address these
concerns are suggested.
Pergolas and Similar Features
in Front Yard Areas
The interim fence, wall, and hedge standards have allowed for one pergola or similar feature limited to eight feet in height and width and three feet in depth within the front yard area. This has allowed a certain amount of flexibility for property owners in designing front yard fences, wall, and hedges. However, the interim ordinance does not address any limitations to the height of a gate or door within the pergola.
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, or whether such a gate or door should be limited in height within the frame of a pergola. 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 within a pergola or similar feature shall be permitted within the frame of such structures.”
Repair and Replacement of
Existing Nonconforming Fences, Walls, and Hedges
The interim standards required all residential property owners to register their existing nonconforming fences, walls, and hedges in order to assert a legal right to any nonconforming fences, walls, and hedges at their heights as they existed in August 2005. However, standards currently do not exist to address the extent to which these nonconforming fences, walls, or hedges may be repaired or replaced. Such standards are required to balance the Council’s support to retain nonconforming fences, walls, and hedges and to prevent a property owner from building a completely new fence or wall or planting a new hedge to the same height as the previously existing nonconforming fence, wall, or hedge. The intent of the grandfathering provisions was to protect existing fences, walls, and hedges that have existed for some time and not to guarantee a particular height for the construction of planting of new fences, walls, or hedges. At some point in time, some of these nonconforming fences, walls, or hedges may require repair or replacement to a certain extent due to a variety of reasons including, but not limited to, damage or destruction, or in the case of hedges, age or disease. Flexibility to allow for the repair or replacement of portions of such structures due to unanticipated or unforeseen circumstances should be provided.
The proposed text amendment would allow the removal of no more than fifty percent of any nonconforming fence, wall, or hedge at any one time based on a horizontal linear measurement of the fence, wall, or hedge. Similar to the current definition of “substantial remodel” and the existing standards for nonconforming buildings [SMMC Section 9.04.18.020(c)] within the Zoning Ordinance, the proposed regulations pertaining to the repair and replacement of nonconforming fences, walls, and hedges would seek to allow existing nonconforming situations to remain while requiring new construction and planting to conform over time. However, it should be noted that for property owners wishing to replace more than fifty percent of a nonconforming fence, wall, or hedge, the new modification procedures will continue to provide an avenue to seek additional height for new fences, walls, or hedges. A possible remedy for the replacement of fences, walls, or hedges that are completely damaged may also be considered.
The alternative would be to not regulate the extent to which property owners can repair or replace existing over-height fences, walls, and hedges, and over time allow for the full replacement of such structures, essentially allowing the creation of new, nonconforming fences, walls, and hedges in perpetuity.
Therefore,
it is recommended that the following language be added:
“Nonconforming portions of fences, walls, and
hedges may be repaired or replaced subject to the following limitations:
(1) No more than fifty
percent of the total horizontal linear dimension of a nonconforming fence,
wall, or hedge shall be removed at any one time.
(2) Over any period of time,
if more than fifty percent of the total horizontal linear dimension of a
nonconforming fence, wall, or hedge is removed, the nonconforming portion
beyond the fifty percent measurement shall not be replaced unless that portion
of a fence, wall, or hedge conforms to the provisions of this Chapter.
(3) If an entire nonconforming fence, wall,
or hedge is removed, it shall not be replaced unless the fence, wall, or hedge
conforms to the provisions of this Chapter.”
Height Measurement
The issue of how to measure the height of a fence, wall, or hedge has been the subject of some Council discussion. In situations where a fence is located on a property line and the grades on either side of the fence or wall differ, questions arise as to the most appropriate method to measure their heights. If the height of a fence or hedge is measured from the exterior facing edge (A), a fence or wall at the allowable height limit may not provide adequate height on the interior of the property for safety reasons. If heights are measured from the interior of a property that is at a higher grade than the other side of a fence or wall (B), the height of the structure as viewed from the public right of way or adjacent property will appear higher than the stated height from the interior of the property.
In the Interim Ordinance, the
heights of fences, walls, and hedges are measured from the lowest adjacent
grade. It is recommended that this
continue to be the standard. However,
the Planning Commission is encouraged to discuss this matter further and make a
recommendation to the City Council regarding height measurement
methodology. As with the replacement of
nonconforming fences, walls, and hedges, property owners can apply for height modifications
to get relief from the Code standards.
General Plan Consistency
In
order to recommend the proposed text amendment to the City Council, the
Planning Commission must find that the amendment is consistent with the City’s
General Plan and that it promotes public health, safety, and general
welfare.
The
proposed amendments are consistent in principle with the goals, objectives,
policies, land uses and programs specified in the adopted General Plan, more
specifically Land Use Element Objective 1.2 which is to “ensure compatibility
of adjacent land uses, with particular concern for protecting residential
neighborhoods”, Land Use Element Objective 3.3 which 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 which states that
the City should seek “in multiple family residential areas…to reinforce the
continuity of the residential streetscape…and to ensure safety of children”.
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 on the following grounds:
The
proposed ordinance is exempt 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.
Alternative
Actions
In
addition to the recommended action, the Planning Commission could consider the
following with respect to the project:
A1. Articulate revised findings and/or ordinance language to recommend
adoption of the proposed text amendment to the City Council, or
A2. Articulate
revised findings to not recommend
adoption of the proposed text amendment to the City Council.
Conclusion
The
existing fence, wall, hedge, and flagpole standards within the Zoning Ordinance
are general in detail and provide standards that have been subject to
interpretation in the past. A series of interim ordinances in the past several
years have attempted to clarify these standards and address issues concerning
private property fences, walls, and hedges while balancing the needs of
property owners and the concerns of neighbors. The proposed Code amendments attempt to
establish clear and objective standards while adding increased flexibility to
allow certain modifications from these standards and allowing for the retention
of legal nonconforming fences, walls, and hedges. The
City Council directed staff to prepare a permanent ordinance implementing the
interim standards into the Santa Monica Municipal Code for review and adoption
in early 2008. Staff recommends that the Planning Commission
recommend adoption of the text amendment to the City Council as specified in
Attachment A.
Text Amendment Findings
1. The
proposed text amendment is 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”.
The proposed text amendment will establish clear and objective standards
to ensure the compatibility of fences, walls, and hedges within residential
neighborhoods.
2. 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 perceived impacts related to personal security, access to light
and air, privacy, neighborhood character, and aesthetics. The proposed ordinance will provide
additional standards to mitigate these concerns and impacts to the public
health, safety, and general welfare.
Prepared by:
Attachment(s):
A.
Proposed
Ordinance Language
ATTACHMENT A
Proposed Ordinance Language
AMENDMENTS TO THE ZONING
ORDINANCE MODIFYING THE DEFINITIONS OF FENCE HEIGHT AND HEDGE *
9.04.02.030.305 Fence height.
The vertical distance between the ground and top of a fence
measured from the existing lowest adjacent grade. The height
shall be measured in a continuum at each point along the fence.
9.04.02.030.395 Hedge.
A boundary or barrier of plant material functioning
as an enclosure or used for screening 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, bushes, or trees.
* The
underlined text represents language that has been modified from the Zoning
Ordinance. The italicized text represents language that has been modified from
the existing Interim Ordinance.
AMENDMENTS TO THE ZONING ORDINANCE MODIFYING THE FENCE, WALL, HEDGE, FLAGPOLE STANDARDS *
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, wall, hedge or
flagpole shall comply with the following standards:
(a) Fences, walls, or hedges shall not
exceed eight feet in height when located in a required side yard or rear yard.
(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 within a pergola or similar feature shall be permitted
within the frame of such structures.
(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 Code. Safety
guardrails must be at least 50% visually transparent above the fence or wall
height limit.
(5) 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.
(b)(1) Fences, walls or hedges shall not exceed
forty-two inches in height when located in a required front yard.
(2)(1) A
front yard chain link fence for a school may be up to eight feet in height.
A hedge shall not exceed twelve feet in height, except that there shall
be no height limit for hedges adjacent to and located within 10 feet of an
alley, measured perpendicularly from the side or rear property line 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 transparent above fence height limit.
(c) Fence, wall or hedge height shall be
measured from the existing grade. In all cases, the fence, wall or hedge height
shall be measured in a continuum at each point along the fence, wall or hedge. 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.
(d) Freestanding flagpoles may not exceed
the height restrictions of the district in which they are located. 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 subsection (b) 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
(e) 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 (d) 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.
(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
(f) 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 the rules
promulgated by the City Manager 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 2236 (CCS).
(g) Repairs and Replacements of Nonconforming Fences, Walls, and Hedges. Nonconforming portions of fences, walls, and
hedges may be repaired or replaced subject to the following limitations:
(1) No more than fifty percent of the total horizontal
linear dimension of a nonconforming fence, wall, or hedge shall be removed at
any one time.
(2) Over any period of time, if more than
fifty percent of the total horizontal linear dimension of a nonconforming
fence, wall, or hedge is removed, the nonconforming portion beyond the fifty
percent measurement shall not be replaced unless that portion of a fence, wall,
or hedge conforms to the provisions of this Chapter.
(3) If an entire nonconforming fence, wall,
or hedge is removed, it shall not be replaced unless the fence, wall, or hedge
conforms to the provisions of this Chapter.
(h) Flagpoles. Freestanding flagpoles may not exceed the
height 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
adjoining property owner. If any portion
of a hedge overhangs onto the property of an adjoining property owner, the
adjoining 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 property back to the property line so long as he/she acts reasonably
and the removal does not cause unnecessary injury. The adjoining property owner shall have the
right to file a civil action to recover all costs reasonably incurred in
removing the encroaching portions of the hedge.
(j) To the extent of any conflict between
this Chapter and the hazardous visual obstruction requirements of
* The
underlined text represents language that has been modified from the Zoning
Ordinance. The italicized text represents language that has been modified from
the existing Interim Ordinance.