19.10.080 Fences and walls.

Fences and walls in residential districts may be erected and maintained in required yards subject to the standards specified herein. All height limitations applying to fences and walls shall also apply to hedges planted within yards and forming a barrier serving the same purpose as a fence or wall.

(A) Location in Yards.

(1) Front Yards. Fences and walls within a required front yard shall not exceed a height of forty-two inches.

(2) Corner Side Yards.

(a) Fences and walls within a required corner side yard shall not exceed three and one-half feet in height where closer than ten feet to the street line, nor exceed six feet in height where ten feet or more from the street line, notwithstanding the provisions of the following subsection related to vision clearance.

(b) On a corner lot, no fence, wall, hedge, or other artificial obstruction within a triangular area formed by the street property lines and a line connecting points on the street property lines equal to the front setback (for the applicable zone district but no less than twenty feet) from the street intersection shall exceed a height of three feet above established grade at the edge of the existing or proposed pavement, provided that trees pruned to eight feet above street grade shall be permitted (see Figure A-6).

(c) Interior Side and Rear Yards. Fences and walls within a required interior side or rear yard shall not exceed six feet in height. When not within required setbacks, maximum fence height shall be ten feet.

(3) Lots of Twenty Thousand Square Feet or More. On lots of twenty thousand square feet or more, a six-foot high, fifty percent see-through fence (when viewed at a forty-five degree angle) may be located within the required front yard setback, if the wall/fence is located within the property line of the subject parcel. If gated, gates for vehicles must be set back a minimum of twenty feet from the property line.

(B) Retaining Walls.

(1) Retaining walls not exceeding six feet in height are permitted in all yards.

(2) Where a retaining wall protects a cut below the natural grade and is located on a front, side, or rear lot line, such retaining wall may be topped by a fence or wall of the same height that would otherwise be permitted at the location if no retaining wall existed. Where such retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a fence or wall; providing, however, that in any event an open-work non-view-obscuring fence of three and one-half feet may be erected at the top of the retaining wall for safety.

(3) Where a wall or fence is located in a required yard adjacent to a retaining wall containing a fill, such wall or fence shall be set back from the retaining wall a distance of one foot for each foot in height, to up to five feet; provided, however, that this does not permit a wall or fence in required yards higher than permitted by this section. The area between such wall or fence and the retaining wall shall be landscaped and continuously maintained in an orderly, neat fashion.

(C) Exempt Fences and Walls. Where a fence or wall exceeding the maximum heights specified by this section is required by any law or regulation of the state of California, a fence or wall not exceeding such required height is permitted.

(D) Measurement of Fence and Wall Height. The height of a fence or wall shall be measured from the highest adjacent grade. In order to allow for variation in topography, the height of a required fence or wall may vary an amount not to exceed six inches; provided, however, that in no event shall the average height of such fence or wall exceed the maximum height specified.

(E) Minor Variation to Fence Height Restrictions/Conditional Fence Permit. The community development director, after providing notice to adjacent property owners, may consider approval of a conditional fence permit to allow fence heights up to two and one-half feet higher than those specified in this section for residential districts based on the following criteria:

(1) The proposed increased fence height will not create negative shading impacts on adjacent properties or impacts are mitigated through use of open fence design features.

(2) The proposed increased fence height incorporates appropriate architectural details and materials that assure compatibility with existing fences and fence patterns.

(3) The proposed increased fence height in a front or exterior side yard area does not create traffic hazards or detract from the neighborhood character by creating visual obstructions to open front yard patterns on an established neighborhood street.

(4) Any action by the community development director on a conditional fence permit may be appealed to the planning commission.