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# Row over hedge heights heats up
- URL: https://www.smdp.com/row-over-hedge-heights-heats-up/
- Published: 2008-07-29T15:00:00.000Z
- Updated: 2026-10-25T00:24:49.000Z
- Author: Melody Hanatani
- Tags: Government & Politics, Santa Monica, #archive-import

*Completing appeal hearings could’ve taken up to a year*

The ongoing battle over hedge heights is causing a stir yet again.

The issue this time around concerns not just the size of the towering shrubbery, but more notably a change in the process used to complain about neighborhood hedges.

The City Council last week opted to move the jurisdiction of the appeals process from the Planning Commission — which for the past year has been preoccupied with the general land use plan update — to an independent hearing officer, a shift criticized by appellants who claim there is a likelier bias from one judge than a larger body representing diverse opinions. Councilmember Bob Holbrook was the lone vote in dissent.

A number of residents are appealing hedges that homeowners hoped could be eligible for grandfather status under a 2005 ordinance that regulates heights.

The change was made to expedite the hearing process, which was estimated to take nearly one year to get through all 23 appeals, the commission already having a full plate with the review of the Land Use and Circulation Element on top of its regular business regarding development, including non-hedge-related appeals.

“From our perspective, that was a situation where the old saying goes — ‘justice delayed is justice denied,’” Mayor Pro Tem Richard Bloom, who introduced the item along with Councilmember Ken Genser, said. “This, as many people observed … has lingered in our community several years now.

“It really needs to get to a point of finality for everyone’s benefit,” Bloom said.

The commission was scheduled to commence the hearing process at a meeting earlier this month, but was postponed indefinitely as residents were informed that the council was considering handing the responsibilities over to a hearing officer.

Planning Commission Chairman Gwynne Pugh said the hearings would be better served by a hearing officer because it is a legal issue.

“Even though the Planning Commission is a quasi-judicial body, it nevertheless really is a judicial matter,” Pugh said.

The issue of hedge heights first came up in 2004 when residents received a notice under an outdated 1948 law to clip their bushes or face a stiff fine. The issue pitted neighbor against neighbor, some arguing that the hedges provided privacy, while others contended that the bushes created an uninviting environment for pedestrians.

The hedges have since been regulated under an interim ordinance that caps front yard hedges at 42 inches and those on side and rear yards at 12 feet. The ordinance allowed for long-existing hedges that exceeded those limits to be grandfathered.

Residents who opposed grandfathered hedges had the opportunity to file appeals. Approximately 105 were submitted to the Zoning Administrator and 28 of its determinations were later appealed to the commission. About five of those appeals have since been withdrawn.

The council considered hiring a three-person panel to add more balance in the determinations. That idea, which could’ve added more time than if a hearing was handled by one individual, was nixed. The hearing officer is estimated to cost $35,000.

Appellants argued that the burden of proof of hardship shouldn’t fall on them.

“We just continue to be negatively impacted by an ill-conceived ordinance that caused more problems, more ill will, and it’s … a waste of time,” Linda Velonis, an appellant, said. “You try to fix something and the fix has caused more problems and that’s just unfair to us.”

Jump hedline: Hedges appeals hearings could’ve taken up to a year

Suggested pullquote: “How can you decide at the 11th hour to change one aspect of the ordinance that might have provided some modicum of hope to disadvantaged hedge appellants.”

Virginia Kohfeld

Lucida Grande 40, 4 0 400 0¬ 1 0 40, Minion 40, 4 0 231A 0¬ 1 0

*Originally published in the Santa Monica Daily Press print edition on July 29, 2008.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/072908.pdf?ref=smdp.com)