City Council
Report
City Council Meeting: August 27, 2024
Agenda Item: 5.P
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Adoption of Resolution of Intention to Amend the Municipal Code to Increase the Maximum Allowed Height of Fences, Walls, and Hedges in the Front Setbacks of R2, R3, and R4 Zoning Districts and to Address the Rules for Measuring the Heights of Fences, Walls, and Hedges Located on Top of Retaining Walls
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.
2. Adopt a Resolution declaring its intention to amend the Municipal Code to increase the maximum allowed height of fences, walls, and hedges in the front setbacks of R2, R3, and R4 zoning districts and to address the rules for measuring the heights of fences, walls, and hedges located on top of retaining walls.
Summary
On June 25, 2024 City Council directed staff, per Item 16-C, to return with amendments to the Municipal Code to allow in the R2, R3, and R4 zoning districts front fence, wall, and hedge heights up to 72 inches in height in the front setback, to address measurements that may include retaining walls. Council also directed staff to suspend enforcement and processing of pending fence, wall, and hedge applications in the R2, R3, and R4 zones until the ordinance becomes effective in R2, R3, and R4 zones for those that would comply with that standard.
On August 7, 2024, the Planning Commission considered and failed to adopt a Resolution of Intention to consider amendments to the Zoning Ordinance to increase 2 of 5
the maximum allowed height of fences, walls, and hedges in the front setbacks of R2, R3, and R4 zoning districts to a maximum height of 72 inches and to address the rules for measuring the heights of fences, walls, and hedges located on top of retaining walls.
Pursuant to Santa Monica Municipal Code (SMMC) Section 9.46.030, the City Council can also initiate the Zoning Ordinance text amendment through adoption of a Resolution of Intention. Resolutions of Intention are a required step in the process to provide a formal public notice that amendments to the Zoning Ordinance will be considered at a future meeting. If Council adopts the attached Resolution of Intention, the process still requires that the Planning Commission consider the proposed amendments and make their formal recommendation to the City Council. The Council will then consider the Planning Commission’s recommendation on the proposed amendments at a future hearing.
Discussion
Currently the Zoning Ordinance allows fence, wall, and hedge heights up to 42 inches in the front setback within all zoning districts except the Downtown Community Plan Area with the option to apply for a discretionary height modification should additional height be requested pursuant to Santa Monica Municipal Code (SMMC) Sections
9.21.050(A)(1) and 9.43.050(B).
Pursuant to SMMC Section 9.04.050(D), the height of any fence, wall, or hedge shall be measured from the lowest finished grade adjacent to either side of the fence, wall, or hedge. The height shall be measured in a continuum at each point along the fence, wall, or hedge. In the case of fences, walls, or hedges that are parallel to and within 5 feet of a public sidewalk or other public way, grade shall be the elevation of the closest point on the sidewalk or public way.
The height of a fence that is on top of a retaining wall is measured from the lowest existing grade point within a 3-foot radius of any point on such fence to the highest point of the fence on the highest side of the wall. Any fence or railing required to comply with minimum height in applicable Building Code requirements is permitted. 3 of 5
On June 25, 2024, in response to concerns raised related to protecting privacy and private spaces in the City’s R2, R3 and R4 zones due to the development volume in those districts as a result of changes in State law that allows for greater density, Council directed staff to return with amendments to the Municipal Code to increase the maximum height limit of fences, walls, and hedges in the front setbacks of the R2, R3, and R4 zoning districts to a limit of 72 inches. The direction did not include other zoning districts nor the fence, wall, and hedge height limits in side and rear setbacks.
Additionally, Council directed staff to address how retaining walls are measured and potentially explore not including retaining walls towards the measurement of maximum permitted fence, wall, hedge heights.
The Planning Commission did not adopt a Resolution of Intention at their August 7, 2024 meeting. However, pursuant to SMMC Section 9.46.030, Council can also initiate a Zoning Amendment process by adopting the attached resolution.
The attached Resolution of Intention represents the formal commencement of the process for the Planning Commission to consider recommending to the City Council amendments to the Municipal Code to increase the maximum allowed height of fences, walls, and hedges in the front setbacks of R2, R3, and R4 zoning districts to a maximum height of 72 inches and to address the rules for measuring the heights of fences, walls, and hedges located on top of retaining walls. The resolution does not represent any specific recommendations by staff or predict any final decisions by the City Council.
Instead, this resolution signifies the beginning of the formal process of a Zoning Text Amendment which requires that the Planning Commission make a recommendation to the City Council on the proposed changes. The Council will then hold a final public hearing on the proposed amendments. Following approval of the Resolution of Intention, formal Planning Commission consideration of these amendment is tentatively scheduled to occur on September 4, 2024, with City Council consideration to follow.
Past Council Actions
Meeting Date Description
06/25/24 (attachment Request by Councilmember Parra and Mayor Brock to direct 4 of 5
B) the City Manager and City Attorney to return with
amendments to the Municipal Code, including a potential interim zoning ordinance, to allow in R2, R3, and R4 zone districts only front fence, wall, and hedge heights to be limited to 72” in height in the front setback, address
measurements that may include retaining walls, and
suspend enforcement and pending applications until the
ordinance becomes effective in R2, R3, and R4 for those that would comply with that standard.
Environmental Status
This Resolution of Intention is the formal initiation of the process to consider permanent amendments to the Zoning Ordinance in accordance with the formal procedures of the SMMC and as such, is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The resolution of intention is a required step that is administrative in nature. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.
Prepared By: Shira Moch, Associate Planner
Approved Forwarded to Council
Attachments:
A. CDD-Reso-Resolution of Intention re Fence Wall Hedge Heights 08.27.24 B. City Council Meeting - June 25, 2024 (Web Link)
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C. Planning Commission Meeting August 7, 2024 (Web Link) D. Written Comments