To: MAYOR AND CITY COUNCIL
From: JOY A. FORD, CITY ATTORNEY
STEPHANIE JOHNSON, QUALITY OF LIFE PROSECUTOR
COLE WEBB, LEGAL INTERN
TITLE
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DISCUSSION AND FIRST READING OF AMENDMENTS TO REDONDO BEACH MUNICIPAL CODE SECTIONS 10-2.1524, 10-5.402 AND 1-2.01(b) PERTAINING TO HEDGE-RELATED ORDINANCES
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EXECUTIVE SUMMARY
On July 21, 2026, City Council held a discussion regarding the City’s hedge ordinance. After that discussion, City Council directed City staff to pursue a revised hedge ordinance following the recommendations of Councilmembers Behrendt and Obagi.
On July 22, 2026, Councilmember Behrendt submitted a proposed revised ordinance for consideration. It was distributed to City Departments for review and input. This revised ordinance and related sections are presented to City Council for further discussion and first reading.
BACKGROUND
On July 21, 2026, the City Council directed staff to draft a hedge ordinance based on the following recommendations from Councilmembers Behrendt and Obagi:
1. Include clear and updated definitions of what actually constitutes a "hedge" (and "fences" and "walls").
2. Revise the ordinance to provide the City Attorney’s Office with discretion to prosecute violations as "wobblettes," i.e., either a misdemeanor or an infraction, depending on the circumstances and severity of the violation (currently, the ordinance requires misdemeanor prosecutions).
3. Include a "bona fide" and/or "good faith" complaint requirement (e.g., the owner or occupant of Page 7 of 9 N.1., File # 26-0848 Meeting Date: 7/21/2026 3. Include a "bona fide" and/or "good faith" complaint requirement (e.g., the owner or occupant of an adjoining or nearby home) to reduce the likelihood of unnecessary filing of complaints, the unnecessary expenditure of time and resources, and enforcement actions, concerning only minor, trivial, or inconsequential violations.
4. Ensure the City retains the independent discretion to seek enforcement of the ordinance for violations concerning police, fire, and public safety matters; public health; statutory nuisances; encroachment onto City sidewalks or right of ways; large or multiple adjacent lots with hedges that create a "walled off" appearance of the neighborhood; and other objective and clear criteria, based on the input and recommendations provided by Police, Fire, Public Works, Community Development, the City Attorney's Office, and other City Departments ("Critical and/or Urgent Violations").
5. Include a neat and orderly requirement for all hedges in the City, no matter what type of property, for example: All fences, walls, and hedges shall be maintained in a safe, neat and orderly condition at all times. Property owners must maintain the hedge so that it does not encroach onto the parcel of an adjoining parcel and the public right-of-way. If any portion of a hedge, including its roots, encroaches onto the parcel of an adjoining parcel, the owner of the adjoining parcel shall, after giving 30 days' notice and opportunity to cure, have the right to remove those portions of the hedge that encroach on their parcel back to the parcel line so long as they act reasonably and the removal does not cause unnecessary injury. The adjoining parcel owner shall have the right to file a civil action to recover all costs reasonably incurred in removing the encroaching portions of the hedge.
6. Revise the statement of Purpose in the ordinance to capture and explain the intentions and reasoning for the revised ordinance.
The motion also included amending the height definition to address above and below grade properties to accomplish the same intent as the 42-inch viewing and six feet on the side, as well as further staff study and discussion regarding driveway sight triangles and high visual obstruction zones and developing internal administrative policy guidance for Code Enforcement.
The revised ordinance was submitted to the Community Development, Engineering, Code Enforcement, and Fire Departments for review. In consideration of their review, staff submits the following recommendations:
1. Add definitions for height, hedge and wall or fence to the revised ordinance and related sections;
2. Update the penalty section to classify violations of Section 10-2.1524 as either a misdemeanor or infraction;
3. Add a definition of “bona fide complainant” in section (g), as well as Bona Fide Complaint and Good Faith requirements in Enforcement section (j);
4. Allow the city to enforce critical and/or urgent violations as defined in section (g);
5. Include a city-wide maintenance requirement as discussed in section (i); and
6. Add to the purpose section of the ordinance to capture intentions as outlined in section (a);
The following section provides context and feedback from City staff and the subcommittee regarding the definitions of "height" and "hedge":
“Height”
City staff proposed the following definition:
Height shall mean the vertical distance from the existing grade to the top of the fence, hedge, or wall to the grade directly below. The height shall be measured from the side of the fence, hedge, or wall with the highest-grade elevation, except in a required front or exterior side setback where the finished grade is lower than the existing grade, height shall be measured from the finished grade.
The Council subcommittee proposed the following definition:
“Height” means the greater of the following two measurements: (A) the vertical distance from the existing or finished grade at the base of the fence, hedge, or wall, measured on the side of the fence, hedge, or wall facing the street, alley, or neighboring property, to the highest point of the fence, hedge, or wall; or (B) the vertical distance from the nearest adjacent sidewalk grade to the highest point of the fence, hedge, or wall. In a required front or exterior side setback where the finished grade is lower than the existing grade, height shall be measured from the finished grade. Grades shall not be artificially altered for the purpose of circumventing the height limits set forth in this section.
City staff feedback indicated a preference for a single definition of “height” over the “greater of” methodology. Staff noted that the subcommittee’s proposed definition is structurally impractical for sloped properties due to its reliance on sidewalk measurements. Accordingly, Staff recommends that City Council adopt the original City staff proposed definition. If City Council is not inclined to do so, staff’s secondary recommendation would be to adopt Option (A) of the subcommittee’s proposed definition, highlighted above.
“Hedge”
The Council subcommittee proposed the following definition:
“Hedge” means any row, series, or grouping of shrubs, bushes, trees, or other vegetation planted, cultivated, or maintained in close proximity so as to form, or that has grown to form, a substantially continuous barrier, boundary, screen, or obstruction to passage or view, having a height greater than twelve (12) inches. For purposes of this definition:
(A) The species, age, size, or original planting intent of individual plants is not determinative; the function and form of the planting as a whole controls. A grouping of trees whose trunks, canopies, or branches have grown together so as to form a substantially continuous visual or physical barrier constitutes a hedge for purposes of this section.
The subcommittee also sought input regarding whether an objective measuring standard could assist Code Enforcement in resolving disputes and asked for feedback regarding the provision in Beverly Hills Municipal Code Section 10-3-100 that states: Where there are interruptions of growth by vertical space having a horizontal distance of more than twenty-four inches (24”) in every four feet (4’), such growth shall not be considered a hedge.
The subcommittee proposed additional language as follows:
A gap in vegetative growth, measured at any height between twelve (12) inches and the maximum height permitted for the hedge under this section, having a horizontal distance of more than twenty-four (24) inches within any four (4) foot linear segment of the planting, measured continuously along the length of the planting, shall be presumed not to constitute a hedge at that segment. This presumption does not apply, and the planting shall be considered a hedge notwithstanding the gap, where the vegetation on either side of the gap has grown together at any height within that same range so as to form a substantially continuous visual or physical barrier, as determined under subsection (A).
After seeking additional input from City staff, it is recommended that all language regarding vertical space and horizontal distance should be removed and the following definition is recommended:
Hedge means a continuous living screen, barrier, or boundary marker formed by a row, series, or grouping of two (2) or more closely spaced woody shrubs, bushes, trees, or other vegetation planted, cultivated, or maintained in close proximity so as to form, or that has grown to form, a substantially continuous physical or visual obstruction to passage or view, having a height greater than twelve (12) inches.
At this time, City staff is not recommending inclusion of driveway sight triangles and high visual obstructions zones in the ordinance. Staff is currently working on a proposed policy and procedure manual for Code Enforcement and will present a draft at a later time.
COORDINATION
The City Attorney's Office coordinated with Community Development, Engineering, Fire and Code Enforcement, as well as Councilmembers Behrendt and Obagi in connection with the preparation of this report.
FISCAL IMPACT
There is no fiscal impact associated with this item.
Submitted by:
Joy A. Ford, City Attorney
ATTACHMENTS
• Amendment to 10-2.1524
• Amendment to 10-5.402
• Amendment to 1-2.01b
• Tracked Changes with Existing Ordinance Section 10-2.1524