With the exception of some types of trees, parkways – the strip of land between the sidewalk and the street – are the responsibility of the owner of the adjacent property. (photo by Cameron Kiszla)

On July 15, the West Hollywood City Council voted unanimously to approve new rules for parkways, the spaces between sidewalks and the street.

Except for certain types of trees designated as street trees, parkways are the responsibility of the owner of the adjacent property.

The strips of land were not previously subject to any enforceable design standards, only guidelines that acted as suggestions. Property owners will not be required to comply with the new regulations until they want to change 50% or more of the parkway, or in cases of a newly constructed parkway or when the nearby properties are undergoing a major remodel. Until then, the parkways are only subject to maintenance standards that require them to be neat and healthy, and prohibit the obstruction of  curbs, sidewalks and driveways.

The city staff report said the new rules are designed to promote public safety, sustainability and beautification. Under the new ordinance, at least 50% of the parkway must be covered with plants that are approved by the city engineer and meet other requirements, including drought tolerance, a height of 24 inches or less and a lack of thorns or sharp edges. The city encourages property owners to incorporate street trees, but synthetic turf is not allowed on parkways.

The use of hardscape paving materials like concrete and bricks is limited to 25% of the parkway area. However, such materials are required for a convenience strip next to the curb and a two-foot-wide walkway if the parkway is not walkable, such as when plants are taller than 6 inches. If the convenience strip, which must be at least 18 inches wide, and the walkway are at least 25% of the parkway area, no other part of the parkway can contain hardscape paving materials.

Lights and benches are encouraged as long as they don’t prevent pedestrians from getting to their cars. However, installing either one will require property owners to get an encroachment permit from the city engineer, as will adding to or demolishing the sidewalk or parkway, removing or installing any tree, using hardscape paving materials, or installing fences, planters, statues, stones or other objects.

During the meeting, Councilwoman Lindsey Horvath suggested the city could waive permit fees to encourage property owners to comply with the new regulations, but Councilman John Heilman said fees weren’t the issue.

“It’s because [property owners] have their parkway the way it is right now – that’s the way they want it,” he said. “They’re not desirous of change. Even when we try to enforce the existing maintenance standards, there’s a great deal of resistance to that. It doesn’t make sense for us to try to suddenly impose this on everyone.”

Councilwoman Lauren Meister said the Eastside Parkway Beautification Pilot Program will be starting soon, and it will serve as a good initial test of the guidelines.

Manny Rodriguez, who serves on the board of the West Hollywood West Residents Association but was speaking in a personal capacity, said the new rules were “way overdue.”

“[The ordinance] sets a standard for beautification, sustainability, safety and accessibility that doesn’t exist now,” he said.

Assuming the second reading is approved, the ordinance is likely to go into effect on Sept. 19.