CITY OF LAGUNA BEACH PLANNING COMMISSION

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1 CITY OF LAGUNA BEACH CO~umTYDEVELOPMENTDEPARTMENT STAFF REPORT AGENDA ITEM: No.5 - CONSENT DATE: 10/13/2010 TO: PLANNING COMMISSION CASE: Zoning Ordinance and Local Coastal Plan Amendment (Hedge Height Claim Process) APPLICANT: LOCATION: City oflaguna Beach Citywide ENVIRONMENTAL STATUS: Categorically Exempt, Section 15061(b)(3) and PREPARED BY: John Montgomery, Director (949) REQUESTED ACTIO-N: ReVIew the proposed ordinance,wliicll~ameiiai~sectlori253illjr2 regarding the Hedge Height Claim process, make desired changes and recommend approval.to the City CounciL BACKGROUND: On July 20,2010, the City Council directed staff to modify the City's hedge height provisions to: 1) preclude modifications to landscaping once the foliage is the subject of a formal hedge height claim until the claim is resolved; 2) speed up the process; 3) reduce the cost to the complainant and 4) reduce the public hearing noticing distance. A Local Coastal Program amendment will be required for this ordinance amendment. On September 22, 2010, the Planning Commission reviewed a draft of an ordinance, made some minor amendments regarding the proposed 50% refund and continued the matter to the October 13, 2010 Planning Commission Meeting. STAFF ANALYSIS: Staff has prepared an ordinance amendment that addresses the City Council direction as outlined above and the Planning Commission's direction. Presently, a summary ofthe Hedge Height Claim (HHC) process is as follows: 1) A HHC form is filed with a processing fee of $630. The claim form also requires the submittal ofa 300-foot public hearing noticing package; 2) The City's landscape plan review consultant visits the site and takes pictures; 3) Public hearing notices are sent out and a public hearing is held; 4) After the public hearing, the consultant makes a determination regarding the HHC in writing, and ifthe claim is valid, abatement requirements are also specified; 5) The City consultant's determination can be appealed to the Design Review Board at a cost of$400;

2 ZOA & LCP Amendment October 13, 2010 Page 2 6) Finally, the Design Review Board's decision can be appealed to the City Council for a fee of$650. An information guide regarding the HHC process is attached for review. The proposed ordinance makes the following changes: 1) Prevents the modification or alteration ofthe landscaping involved with a filed HHC until the claim is resolved; 2) Reduces the public hearing noticing distance to 100 feet, thereby reducing the cost of obtaining the noticing package; 3) Eliminates the appeal step to DRB, thereby reducing the cost and resolution time of a disputed HHC claim; and 4) Allows a HHC filing fee refund of 50% for the applicant of the hedge claim, if the claim is determined to be valid. These changes implement the direction indicated by City Council. RECOMMENDATION: Review the proposed ordinance, make desired changes and recommend approval to City Council. ATTACHMENT: Exhibit A: Hedge Height Claim Process Information Guide Exhibit B: Ordinance OS8

3 069 ( INFORMA T10NAL GUIDE FOR THE: ) City of Laguna Beach Community Development Deparbnent HEDGE HEIGHT CLAIM PROCESS On December 3, 2002, the City Council adopted an Ordinance that limits the heights of hedges that are located in front, side or rear yard setbacks to the maximum fence heights, only if they are determined to be a safety hazard and/or adversely impact views from or sunlight to neighboring properties. Hedge Height Claim Process The goal of height limits on hedges located in front, side or rear yard setbacks is to ensure that hedges that exceed the allowable fence heights do not present a safety hazard and do not obstruct sunlight to or views across the properties on which they are located. The fence/hedge height limits are specified in Zoning Ordinance Section M12.-~fthe~.termine~~Re-hedge(s}-specified-iA the claim are a -safety-hazard andlor-blook views and/or sunlight, will hedge owners be required to reduce the hedge heights. Process for persons impacted by hedges located in setbacks that exceed the allowable fence height and create a safety hazard or view/sunlight blockage: 1. Informally discuss the safety hazard and/or view/sunlight obstruction and proposed remedial action with the hedge owner in order to resolve the issue without filing a claim with the City. 2. Complete a Hedge Height Claim form provided by the City, and submit the specified documentation and the fee outlined on the claim form. 3. Assist City staff by providing access to your home to enable review of the alleged obstruction(s). 4. If staff determines that the claim is valid, the complainant should attend a noticed public hearing to provide information and answer questions related to the administrative review process. 5. Any staff determination may be appealed to the Design Review Board, and its determination may be appealed to the City Council. Process for property owners who have had a Hedge Height Claim filed against their property: 1. Review the claim and supporting documentation provided to the City by the complainant. 2. Attend the noticed public hearing to provide information and answer questions related to the administrative review process. 3. Should it be determined that any hedge in a front, side or rear yard exceeds the allowable fence height and is a safety hazard and/or obstructs views and/or sunlight, the hedge owner will be required to reduce the hedge height as determined by the City. Revised 01/14/08

4 070 Hedge Height Clai l11 Application Process Any person directly affected by existing hedge height conditions may file a claim with the City. The offending hedge(s) must be located within a front, side and/or rear yard setback and must exceed the allowable fence height, as specified in Zoning Ordinance Section A Hedge Height Claim sufficient for filing with the City shall consist of all the following items: 1. A completed and signed Hedge Height Claim form, including a written description of the alleged safety hazard, view and/or sunlight blockage from hedges located in front, side or rear yard setbacks. The claim summary shall also describe the extent to which the safety, view and/or sunlight access has been diminished by a hedge(s), including the desired height of the non-complying hedge(s). 2. Five sets of photographic prints, taken from the impacted property, showing the alleged hedge height impact(s). 3. Five sets of a dimensioned plot plan, which notes the scale of the drawing and shows the property boundary, adjacent streets and alleys, and the location of all hedges alleged to cause a safety hazard, view and/or sunlight obstruction. 4. A public hearing noticing list of all property owners within a 300-foot radius of the hedge owner's property, including a radius map and addressed, stamped envelopes with the City of Laguna Beach return address. The list must be compiled by a professional listing service, in the format described on the Hedge Height Claim application, and submitted directly to the City prior to filing the Hedge Height Claim application. 5. A radius map identifying the location of the complainant's property to ensure that the distance between that property and the hedge owner's property is not more than 300 feet. 6. A fee of $630. After filing a Hedge Height Claim, as outlined above, staff will review the claim and schedule a meeting with the ~ ~ _compiainantto-vjsilhislhelproperty..to_revjew.the..alleged-obst[uction(s)._iitha.claimjs..determinedto.be.vaiid,..a.~ public hearing will be scheduled for administrative review, usually within six (6) weeks of the filing date. Not less than 20 days prior to the scheduled review hearing, a written notice of the date, time and location of the hearing will be sent to the complainant, hedge owner and all property owners within 300 teet of the hedge owner's property. The review hearing shall be held regardless of participation by the hedge owner. The Director of Community Development or his/her designee will then make a determination for resolution of the Hedge Height Claim. A written determination shall be submitted to the complainant and the hedge owner. Such decision may be appealed to the Design Review Board within 14 calendar days of the staff decision, and the appeal determination of the Design Review Board may also be appealed to the City Council. Any required remedial action shall be completed by the hedge owner within 30 days of the City's final determination. Failure of the hedge owner to comply with the final City determination to lower hedge heights shall be subject to enforcement under MuniCipal Code Chapter Revised 01/14108

5 ORDINANCE AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA AMENDING CHAPTER OF THE LAGUNA BEACH MUNICIPAL CODE REGARDING HEDGES. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The City Council does hereby amend Subsection Fences, Walls, Hedges, Latticework and Screens of the Laguna Beach Municipal Code by amending the Subsection to read in its entirety as follows: Fences, Walls, Hedges, Latticework and Screens. (A) (B) Required Fences and Walls. A solid wall or fence not less than five feet above the finished grade adjoining the fence outside the yard shall be provided to enclose any unattended swimming pool to which access could be gained from a street, alley or other parcel. The fence shall have self-closing gates at least five feet high with self-latching mechanism. Latches shall be installed at least four feet above ground level. Pennitted Fences, Walls, Hedges, Latticework and Screens. JJL f~-,!~~~!wau~,~ 1_a1!icewor~~~~i?r~1!~ J1()!m()E~ th8j1f()i:lex~~ti_j1_!!~ight mlly~e erected, installed or maintained within the front yard, except that on a comer lot a fence or wall no higher than three feet shall be permitted within the front yard. Fence height shall be detennined as the height of the top of the fence above the natural grade immediately adjacent to the location of the fence. Hedges may exceed the maximum fence height in the front yard only when they are not a safety hazard and do not adversely impact views from or sunlight to neighboring properties. (a) (b) Approval of hedge heights greater than three feet on comer lots shall not include hedges or any portion of hedges located within any comer cutback area, as described in Section nor higher than two and one-half feet within an intersection comer cutoff as described in Chapter Decorative features such as fence posts, brick or stone columns may extend up to twelve inches above the maximum allowable height within the front yard subject to design review as provided for in Section (2) Barricades, railings and security fencing required by the building code are pennitted in any yard. (3) Fences, walls, hedges, latticework or screens not more than six feet in height may be installed, erected or maintained within the rear yard or within the side yard ofany lot, provided such obstructions do not project into the required front yard space. The fence height limit of this paragraph shall apply to the height of a retaining wall, the purpose of which is to create an artificial yard elevation. Fence height shall be determined as the height of the top of the fence above the natural grade immediately adjacent to the location of the fence. Hedges may exceed the maximum fence height in the side and rear yards only when they are not a safety hazard and do not adversely impact views from or sunlight to neighboring properties. ()71 EXHJ811 B

6 (4) The fences, walls, hedges or obstructions required or permitted by this subsection shall be equipped with gates or openings of at least three feet in width so as to provide free access completely around all main buildings and shall not be so located as to constitute in the opinion ofthe Director of Community Development a hazard to traffic on public rights-of-way, streets or ajjeys. (5) Chain link fences and other metal fences in residential areas are subject to Design Review. (6) Pedestrian entry features which only includes arbors, arched entries, arcades or finials may exceed the maximum allowable fence height in any yard subject to design review as provided for in Section and the following standards: (a) (b) (c) EXAMPl.E: The maximum height shall not exceed eight feet; The maximum pedestrian entry width shall not exceed six feet; The maximum width of each side of the pedestrian entry for which there is proposed an architectural transition from the nominal fence height shall not exceed three feet. ()72

7 3 (7) Upon the filing of a challenge by a directly affected person claiming that existing hedge conditions constitute a safety hazard and/or adversely impact views from or sunlight to such person's property, the Director of Community Development shall, using the same notice and hearing procedures prescribed for administrative use permits set forth in Section except it shah be presumed that a hearing has been requested, determine if the hedge conditions are in compliance with the provisions of this Section, and that only property owners within 100 feet of the subject property shall be noticed. The person filing the challenge shall have the burden of proof that the hedge conditions are not in compliance with the provisions of this Section. All challenges shall be in writing and in the form prescribed by the Community Development Department, and shall be accompanied by the payment of a fee in the same amount established by resolution of the City Council for administrative use permit applications. If the final determination of the hedge challenge is found to be valid. 50% of the filing fee shall be refunded upon request in writing by the applicant of the hedge claim. The determination of the Director of Community Development may be appealed to the Desiga Re>lie\v Board io aeeofdaoee 'NitA the proeeduml pfoyisioos ef Seetieo (B). The deteffrioatieo of the Desigo REwie...Y Board may ee appeeied to the City Council subject to the provisions of Section Upon appeal to the Desigft R:e>liew Beard ef the City Council, a challenge shall be reviewed pursuant to the criteria set forth in Section (H), as applicable. Once a hedge claim is filed, the landscaping on the site that contains the hedge shall not be modified or altered until. tile claim is resolved. The Director or City Council on appeal. shan not consider or act on any changes to the landscaping that occur after a hedge claim is filed. (8) Enforcement. In addition to the ordinary remedies available to the City, violations of this section may be enforced pursuant to the provisions ofchapter 7.24, including the abatement of nonconforming hedge heights and the assessment of costs thereof against the property owner. SECTION 2: Enviromnental Detennination. The City Council finds that the adoption and implementation of this ordinance are exempt from the provisions of the California Enviromnental Quality Act in that the Council finds there is no possibility that the implementation ofthis ordinance may have significant effects on the enviromnent. SECTION 3: This Ordinance shall take effect and be in full force and effect thirty days after final adoption. SECTION 4: The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be published or posted as required by law. ADOPTED this _ day of -', Elizabeth Pearson, Mayor

8 4 ATTEST: City Clerk I, MARTHA ANDERSON, City Clerk of the City of Laguna Beach, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting ofthe City Council on :, 2010, and was finally adopted at a regular meeting ofthe City Council of said City held on, 2010, by the following vote: AYES: COUNCILMEMBER(S): NOES: COUNCILMEMBER(S): ABSENT: COUNCILMEMBER(S): City Clerk, ofthe City oflaguna Beach, CA