Existing hedge heights to be grandparented in
CITY HALL — The more things change, the more they stay the same, say some city residents, disheartened that City Council’s new law governing hedge heights will continue to be a burden for the city and its property owners.
Controversy stemming from the botched enforcement of a 57-year-old hedge ordinance became a hot-button issue last year, shaking up Santa Monica’s last election and galvanizing several neighborhood groups.
On Tuesday, however, the Santa Monica City Council voted in favor of an ordinance which will increase the size of hedges allowed on side and rear yards, while grandparenting in existing enclosures when the law takes effect in August. The new law attempts to update a hedge ordinance that dates back to 1948, while acknowledging some property owners may prefer taller hedges than has been previously allowed.
Residents will be required to maintain the 42-inch height limit for any new front yard hedge installation, while side-and rear-yard enclosure limits will be bumped from eight feet to 12 feet. The council directed staff to establish rules to permit the grandparenting of hedges, fences and walls, as well as establish a procedure for appeals with the planning commission.
Grandparenting permits will cost $100. A final reading and adoption of the new hedge law is expected to take place at the July 26 council meeting.
The new ordinance was approved unanimously by the council, but not without debate. Seventeen residents turned out to speak, many of whom complimented staff on coming a long way since the “Hedge Wars,” as some called it, began more than a year ago.
While some residents were grateful for the grandparenting clause in the new ordinance, others complained the new law and its enforcement would continue to prove a burden to both them and City Hall.
“We started with the city thinking it was going to show citizens who’s boss, then logic started to happen,” said Santa Monica resident Aaron Mendelsohn. “I’ve enjoyed the debate immensely, and I look forward to the next chapter.”
Last year, Santa Monica’s hedge law was revisited for one of the first times in over a half century, drawing international headlines when City Hall directed 200 households to cut their hedges or face a $25,000-a-day violation. Many of the residents lived in multi-million dollar homes north of Wilshire Boulevard. Some had hedges a few feet above the restrictions, others with greens measuring 30 feet tall.
Residents subsequently flooded City Hall to complain about the sudden enforcement, many claiming it trampled on their personal rights.
The need to reassess the law and related enforcement issues prompted Councilman Bobby Shriver, a hedge violator himself, to run for elected office. Incumbent Councilmen Ken Genser and Richard Bloom worked on a new hedge proposal with Shriver, which fell through when Shriver won his seat, Genser said.
“It was very similar to the new ordinance,” Genser said. “In fact, (the new ordinance) may be more conservative in some respects.”
“We’re complicating life again.” — COUNCILMAN HERB KATZ Regarding the new hedge ordinance
At Tuesday’s meeting, Shriver and Councilman Herb Katz supported nonregulation, except as it might relate to safety issues, on the basis that enforcement of the new ordinance would prove too costly and ineffective.
“Enforcement is just going to be a nightmare,” Shriver said. “Safety standards can be handled by the court system.”
Genser argued that safety could only be the basis for regulation if Shriver and Katz could define, exactly, how safety standards would work. Otherwise, Genser said City Hall was better off accepting the new ordinance.
“The goal in this process is to have more liberal regulations,” Genser said. “This ordinance grandparents all existing hedges, with new height limits and an easier adjustment process.
“But we need to have some standards.” Shriver and Katz were unable to convince their fellow councilmembers how a safety-based regulation might work.
“The people who spoke said the ordinance meets their needs,” said Councilman Bob Holbrook. “This is an ordinance that is workable, and perhaps we should move forward with it.”
Still, ideas on how to enforce the new ordinance quickly came under sharp attack by Katz.
“We’re complicating life again,” Katz said. “There were no big problems (with the hedge issue) until we started going out and investigating the hedges.”
Katz said one aspect of the new ordinance — grandparenting — would be especially difficult for City Hall to monitor.
Genser disagreed, saying residents could e-mail or send hedge photos once the ordinance takes effect. This would provide City Hall with a database to work with for further enforcement.
“Are you suggesting a hedge registry?” asked City Manager Susan McCarthy.
“Yes, sort of,” Genser said. “It would allow you to see hedge height in relation to the house.”
Katz said photos could easily be manipulated and were no exact measure of hedge heights. Staff agreed they would have to do a site inspection, if enforcement of the new ordinance were to be effective.
Originally published in the Santa Monica Daily Press print edition on July 14, 2005. Read the original PDF.