City Council
Report
City Council Meeting: November 11, 2024
Agenda Item: 5.O
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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, Including Those 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 directing the Planning Commission to initiate an amendment to the City’s Zoning Ordinance 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 October 22, 2024 City Council directed staff to begin the process of amending the Zoning Ordinance to increase maximum heights for fences, walls and hedges in the front setback in the R2, R3, and R4 zoning districts, with particular consideration for the appropriateness of up to 60 inches in height (with 50% transparency for walls and fences above 42 inches in height within context of crime prevention principles) and 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. Council further directed that a recommendation be brought back in 90 days or as soon as possible thereafter and to 2 of 5
also initiate community engagement on this matter, to be included in the recommendation to City Council.
Pursuant to Santa Monica Municipal Code (SMMC) Section 9.46.030(A), the City Council may adopt a Resolution directing the Planning Commission to initiate an amendment to the Zoning Ordinance. 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 October 22, 2024, in response to concerns raised by residents regarding privacy and safety in the City’s R2, R3 and R4 zones due to proximity to commercial districts and the development volume in those districts as a result of changes in State law that allows for greater density, Council directed the City Manager and the City Attorney to begin the process of amending the Zoning Ordinance increase heights in the front yard setback in R2, R3, and R4 zone districts, with particular consideration for the appropriateness of 60 inches in height, with 50% transparency for walls and fences above 42 inches in height within the context of crime prevention principles, and to address measurements that may include retaining walls. 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 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 60 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 amendments will be scheduled upon completion of the community engagement process included as part of Council’s direction. City Council consideration of the proposed amendments will then follow.
Past Council Actions
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Meeting Date Description
10/22/24 (attachment
B)
In response to concerns raised by residents regarding
privacy and safety, request by Councilmember Parra and
Mayor Brock to direct the City Manager and City Attorney to begin the process of amending the Zoning Ordinance to
increase heights in the front yard setback in R2, R3, and R4 zone districts, with particular consideration for the
appropriateness of 60 inches in height, with 50%
transparency for walls and fences above 42 inches in height within the context of crime prevention principles; 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. Given the
considerable amount of work that has been performed to
date on this issue, the City Attorney and City Manager are being asked to return to City Council with a recommendation in 90 days or as soon as possible thereafter. The City
Attorney and City Manager are further directed to
immediately initiate community engagement on this matter to be included in the recommendation to City Council.
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 in order to commence the process of amending the Zoning Ordinance. 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.
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Prepared By: Jing Yeo, Planning Manager
Approved Forwarded to Council
Attachments:
A. CDD-Reso-Resolution of Intention re Fence Wall Hedge Heights 11.11.24 B. City Council Meeting October 22, 2024 (Web Link)