Controlling Hedge Heights is Bad Policy

Laguna Beach’s policy on controlling hedge heights is bad policy. It provides absolutely no incentive for hedge owners to keep their hedges trimmed, keep the city lovely, nor provide a simple resolution of complaints.

To begin with, the zoning policy covering hedges (Municipal Code 25.50.012 (B)(3) states that “…hedges (shall be)…no more than 6’ in height….(but) may exceed the maximum …unless a Hedge Height Claim has been filed …and found…a safety hazard and/or obstructed view…”. This policy needs to be revised to reinstate a six foot hedge height maximum with an appeal to the Hedge Height Claim Policy if the owner wants to exceed this level. This puts the burden on the owner where it belongs.

The Hedge Height Claim Policy (Municipal Code 12.14) applies only to hedges that are in the “setbacks” on the side and rear of the property. It is mostly workable but should include all hedges.

If the hedge is not within the “setbacks,” then the View Restoration Policy (Municipal Code 12.16) must be used. Step 1 requires the Claimant to try to informally settle the issue with the hedge owner, then pay $500 (an increase to $650 is pending) to go through non-binding mediation with the owner who already refused to settle during informal discussions. If there is agreement at this step, it is not enforceable currently nor in the future by the City but only by private contract.

It is interesting to note that in the 18 months this policy has been in force, only 12 of 27 claims were successfully settled at this step (44 percent). Step one needs to be binding and enforceable by the City with trimming provided and paid by the loser.

If step one is unsuccessful (which it normally is), then step two requires the claimant to pay another $690 to have a hearing with the View Restoration Committee. If the committee decides in his favor, the claimant must then obtain three bids from certified arborists and put the cost of the trimming in to an escrow account (this cost may be apportioned by the committee later). The claimant is also liable for any damage to the hedges for the next two years even though the trimming was done by a certified arborist and is being maintained by the owner.

So at worst, under this policy, the hedge owner only pays the cost of the trimming while the claimant currently pays $1,190 plus possibly the trimming cost.

The City Council is reviewing the View Restoration Policy on August 30.

Louis Leo, Laguna Beach