Permanent hedge law growing on Council
CITY HALL A permanent law regulating the controversial towering hedges of Santa Monica could soon be on the books.
City planners will draft a new ordinance governing hedge height and maintenance more than three years after City Hall was bombarded with complaints from residents who were cited for violating an ancient law that limited the shrubbery longitudinally to 42 inches.
In 2004, residents received a notice to clip their hedges or face a stiff fine, sparking the so-called “hedge war.” The issue has since pitted neighbor versus neighbor — some arguing that hedges provide privacy, while others contend the living dividers create an uninviting environment for pedestrians.
Hedges have been regulated under an interim ordinance since 2005, which caps front yard hedges at 42 inches in height and side and rear yard hedges at 12 feet, but allowing for long-existing hedges that exceed those limits to be “grandfathered in.”
The decision to move forward with a permanent law came Tuesday after City Council discussed prolonging the interim ordinance to January 2010, with a few amendments. The item was a “first reading” — when an item is open for public discussion. It would then be eligible for a “second reading” adoption, which is closed for public discussion.
Following a lengthy debate, Council moved to extend the interim ordinance, giving city planners time to write a permanent law. A draft is expected next winter.
The amendments would streamline the appeals process and require owners of grandfathered hedges, which are legal yet noncom-pliant, to register their hedges by Nov. 15.
The discussion dragged on for hours due to the considerable number of residents who spoke — 18. Many came with stories of why they favor or oppose tall hedges.
“It really shouldn’t be in the city’s domain to tell us to lower our fence when it’s really not hurting anyone,” said Seaview Terrace resident Suzanne Brogger.
Brogger said she wants to shield her children from the homeless issue in her Ocean Park neighborhood, having already caught a homeless man shaving his chest her front steps recently.
The hedges on the property are not even that tall, standing at 15 inches, Brogger said. “(Hedges) look quite lovely and it keeps my children safe,” she said.
Sunset Park resident Monika Bialas said she used to have a view of Catalina Island, since replaced with a view of a 40-foot tall ficus tree.
Many speakers complained they didn’t receive enough notice of the discussion item, requesting the council extend the public hearing to a later meeting. Some residents questioned why the item came up in the summer when so many people are out of town.
Planning and Community Development Director Eileen Fogarty said her staff went above and beyond notifying residents, sending out 1,000 mailers and placing two newspaper ads.
The interim ordinance was set to expire on Sept. 30, and if the council waited until after the summer, those who had registered their grandfathered hedges would have lost protection.
The registered grandfathered hedges will carry over into the permanent ordinance, Fogarty said.
“We brought it up to make sure nobody lost grandparenting (status),” Fogarty said.
Santa Monica resident Leah Mendelsohn recalled a previous City Council meeting in which it was suggested that September would be an ideal time to discuss the interim ordinance. Rather than setting the Sept. 30 expiration date back in February, Council should have instead set it for November, Mendelsohn said.
“I am very surprised this meeting happened in July,” Mendelsohn said. “We do not have most people here to address the issue.”
Originally published in the Santa Monica Daily Press print edition on July 27, 2007. Read the original PDF.