City Council
Report
City Council Meeting: November 11, 2024
Agenda Item: 5.N
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Adoption of Resolution Establishing Enforcement of Fence, Wall and Hedge Heights as the Lowest Code Enforcement Priority
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect (Common Sense Exemption) pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.
2. Adopt the attached Resolution establishing enforcement of height regulations for fences, walls and hedges as set forth in the Zoning Ordinance and any applicable Specific Plan as the lowest Code Enforcement priority, and declaring habitability and keeping people housed as the highest priority.
Summary
The City of Santa Monica Code Enforcement Division is tasked with protecting the health, safety, and welfare of all those that work in, live in, and visit the City. Through the prompt and vigorous enforcement of the City’s codes related to building, noise, property maintenance, nuisances, and housing, Code Enforcement helps protect the quality of life and overall welfare of the community. With the broad swath of issues addressed by Code Enforcement staff, it is essential that issues be given different prioritization based on the severity and overall impact of the violation. One of the many issues that Code Enforcement investigates are violations of fence, wall, and hedge height regulations, which are established in the zoning ordinance and applicable specific plans. Enforcement of fence, wall, and hedge height regulations make up a very small percentage of the violations that Code Enforcement investigates. 2 of 4
At the October 22, 2024, City Council meeting, the City Council directed staff to return on November 11, 2024, with a resolution to establish that fence, wall, and hedge height enforcement is the lowest code enforcement priority and issues related to habitability and keeping people housed as the highest.
In response to Council direction, staff is bringing forward the attached resolution clarifying that the highest priority Code Enforcement issues are those that relate to housing, habitability, and safety, and the lowest priority relates to the height of fences, walls, and hedges.
Discussion
Code Enforcement cases are generally assigned a priority level. These priorities tend to align with the level of threat to the community, how impactful the violation is on the quality of life for the nearby residents, and how intermittently the issue arises. Health and safety and housing/habitability-related issues have always been prioritized above all other issues. Fence, wall, and hedge height complaints have routinely been prioritized lower. The City Council last endorsed Code Enforcement priority levels as part of the City’s restructuring efforts in response to the changes in staffing levels as a result of the COVID-19 pandemic.
Council’s direction to establish enforcement of fence, wall, and hedge height regulations as the lowest Code Enforcement priority is consistent with past and best practice where health, safety, and housing related concerns remain the top priorities. This is reflected in the attached Resolution. Community members can continue to file complaints regarding fence, wall, and hedge height regulations; however, Code Enforcement staff will only initiate enforcement action on such complaints after all other active Code violations within the City have been addressed.
Issues regarding the heights of fences, walls, and hedges will continue to be enforced for vacant properties where there is a clear public safety rationale for continued enforcement. These requirements are found in Chapter 13.04 of the Santa Monica Municipal Code and relate to the security of and visibility into the interior of a vacant 3 of 4
property where transient and/or criminal activity often occurs. Staff believes this still meets the intent of the October 22, 2024, City Council direction.
Environmental Review
The resolution establishing enforcement of fence, wall, and hedge height regulations as the lowest Code Enforcement priority is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The resolution is covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is not possibility that the activity in question may have a significant effect on the environment.” The resolution is administrative in nature as it establishes enforcement of fence, wall and hedge height regulations as the lowest Code Enforcement priority and does not amend any previously established development standards. Thus, the Resolution would not result in adverse physical impacts on the environment, and therefore, is exempt from CEQA.
Past Council Actions
Meeting Date Description
10/22/2024
(attachment A)
Direction from City Council for staff to return with a
resolution clarifying fence, wall, and hedge height is the lowest code enforcement priority and habitability and
keeping people housed is the highest.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.
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Prepared By: Daniel Mick, Code Enforcement Manager
Approved Forwarded to Council
Attachments:
A. New Priorities by Case Type
B. CDD - Reso - FWH Lowest Enforcement Priority - 11.11.24 C. Written Comments