Politics & Government

Is Your Fence Higher than 3 1/2 Feet? It's a Violation

More than 1,500 homes in Altadena may be in violation of rules limiting fence height, according to county officials.

Have you measured the fence on your property lately?  It might be a good time to do that, as the Altadena Town Council announced Tuesday that county officials believe there are more than 1,500 homes in Altadena not in compliance with county rules limiting fence height to 3 1/2 feet.

The issue was brought up by County Supervisor Michael Antonovich's office in a letter addressed to the Town Council and the County's Regional Planning Department.

Any homes in violation of the county rule can apply for a conditional use permit (CUP), but the cost is north of $8,000, according to Antonovich's letter.

Find out what's happening in Altadenawith free, real-time updates from Patch.

But before you run to get your check book (or to the garage for a sledge hammer), there may yet be hope for fence height violators: Antonovich has suggested to the county planning department that the best course of action would be to let the violations pass for the moment.

There is a , which govern residential and business practices throughout Altadena.  Part of the process could be to change the rules on the height of fences.

Find out what's happening in Altadenawith free, real-time updates from Patch.

Mark Goldschmidt, the head of the Town Council's Land Use Committee, told the Council Tuesday that he envisons a full community meeting on the issue to get some sense of how residents might want to handle potential changes to the rules on fences.  The meeting would likely be held in February, he said.

No word yet if there will be any rule changes for , , or .

Update: As noted by some below in the comments, the fence height rules apply to front and corner yards, rather than to back yards.  There are also some variances available for taller fences under some circumstances.  The below section of county planning code has some more specific details:

Fences and walls may be erected and maintained in required yards subject to the requirements specified herein:

A. Front Yards. Fences and walls within a required front yard shall not exceed a height of three and one-half feet.

B. Corner Side Yards. Fences and walls within a required corner side yard shall not exceed three and one-half feet in height where closer than five feet to the highway line, nor exceed six feet in height where five feet or more from said highway line.

C. Interior Side and Rear Yards. Fences and walls within a required interior side or rear yard shall not exceed six feet in height; provided, however, that on the street or highway side of a corner lot such fence or wall shall be subject to the same requirements as for a corner side yard.

D. Retaining Walls. Retaining walls not to exceed six feet in height are permitted in all yards.

E. Retaining Walls Topped with Walls or Fences.

1. 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 protection.

2. Where a wall or fence is located in the required yard adjacent to a retaining wall containing a fill, such wall or fence shall be set back from said retaining wall a distance of one foot for each one foot in height, to a maximum distance of 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 said retaining wall shall be landscaped and continuously maintained in good condition.

F. Fences and Walls Exempted. Where a fence or wall exceeding the heights specified is required by any law or regulation of the state of California, a fence or wall not exceeding such required height is permitted.

G. Measurement of Fence and Wall Height. The height of a fence or wall shall be measured at the highest average ground level within three feet of either side of said wall or fence. 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.

H. Notwithstanding the other provisions of this section, the director may permit fences or walls within any required yard on flag lots to a height not to exceed six feet, pursuant to the provisions of Part 12 of Chapter 22.56. (Ord. 1494 Ch. 4 Art. 2 § 452.13, 1927.)

a. Chain link or wrought iron style fences not exceeding four feet in height shall be permitted.

b. If site plans are submitted to and approved by the planning director pursuant to Section 22.56.1660, wrought iron style fences which do not exceed a height of six feet may be erected. The planning director may impose such conditions on the fence design as are appropriate to assure public safety, community welfare, and compatibility with the adopted policies of the East Los Angeles Community Plan.

c. Those portions of fences more than three and one-half feet high must be substantially open, except for pillars used in conjunction with wrought iron style fences, and shall not cause a significant visual obstruction. No slats or other view-obscuring materials may be inserted into or affixed to such fences.


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