Chapter 21.62 — FENCES AND WALLS

This chapter sets forth standards for the construction and maintenance of fences and walls to ensure that such features can provide for privacy and safety without obstructing views, and without creating a public safety hazard or nuisance. (Ord. 612 Exhibit A (part), 2008).

Notwithstanding the provisions of Chapter 21.200 of this code, for purposes of this chapter, the following definitions shall apply:

(1) “Arterial wall” is any fence or wall, including retaining wall, which is immediately adjacent to or abuts a major/minor arterial roadway.

(2) “Electrified fence” means a fence or similar barrier that has electricity running through it to deter animals and people from crossing a boundary.

(3) “Fence” means a solid or open barrier, other than a wall, located above ground and intended to enclose or mark a boundary.

(4) “Major/minor arterial roadways” means a roadway designated a major or minor roadway on the city's General Plan.

(5) “Retaining wall” means a wall designed to resist lateral earth and/or fluid pressures, including any surcharge, in accordance with accepted engineering practice.

(6) “Slope” means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

(7) “Structural compromise” is when a building or structure has been potentially compromised. The owner shall cause a structural inspection of the building or structure to be performed by a certified engineer when a structure is deemed to be compromised.

(8) “Structural failure” refers to loss of the load-carrying capacity of a component or member within a structure or of the structure itself. Structural failure is initiated when the material is stressed to its strength limit, thus causing fracture or excessive deformations. A licensed engineer shall review and determine when a retaining wall or wall show signs of structural failure.

(9) “Surcharge” is a vertical load imposed on the retained soil that may impose a lateral force in addition to the lateral earth pressure of the retained soil.

(10) “Wall” means a physical barrier constructed largely of masonry, brick, concrete, stucco, concrete block, or any combination thereof and intended to mark a boundary.

(Ord. 710, § 6, 2019; Ord. 650, § 6, 2012).

Unless otherwise exempt per Section 21.62.030, the construction, installation, or modification of any fence or wall shall require planning approval and a building permit to ensure compliance with applicable regulations of this chapter and title.

(Ord. 650, § 7, 2012; Ord. 612 Exhibit A (part), 2008).

21.62.030 Exemptions .

The following fences and walls are exempt from obtaining a building permit.

• (1) Fences and walls less than thirty-six inches in height.

• (2) Retaining walls less than four feet in height, as measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

• (Ord. 710, § 7, 2019).

(a) Fence and Wall Height. Table 21.62.040 sets forth the maximum permitted heights for fences and walls in required areas.

Notes:

1. For commercial and industrial development, the designated approving authority may approve a fence or wall up to a maximum height of 10 feet in compliance with location and clear vision requirements of this title.

2. A protective fence enclosing any public property or an open area for games or a swimming pool shall not be subject to the limitations if constructed of wire or steel mesh capable of transmitting at least 90 percent of the light shining onto it.

• (b) Measurement of Fence or Wall Height.

(1) For the purposes of this chapter, fence and wall height shall be measured as the vertical distance from the ground elevation or finished grade of the property on which the fence or wall is erected to the highest point of the fence or wall. However, the height of retaining walls shall be measured from the bottom of the footing to the top of the retaining wall. To allow for variation in topography, the height of a fence or a wall may vary up to six inches.

(2) Where there is a difference in the ground elevation or finished grade between two adjoining parcels of less than two feet, the height of any fence or wall constructed along the common property line shall be determined by using the finished grade of the highest contiguous parcel. When there is a difference in the ground level between two adjacent parcels of two feet or more, the height of a fence or wall shall be determined by the community development director. The community development director shall consider the physical and visual fence height impact on abutting properties.

(c) Walls Required Between Different Zoning Districts and Uses.

(1) Along the common boundary between a residential zoning district or use and a commercial or industrial zoning district and/or use, a minimum six-foot-high decorative solid masonry wall shall be constructed to serve as a visual screen and buffer between uses.

(2) Along the common boundary between any single-family zoning district or use and multi-family residential zoning districts and/or uses, a minimum six-foot-high decorative solid masonry wall shall be constructed to serve as a visual screen and buffer between uses.

(Ord. 650, § 9, 2012; Ord. 612 Exhibit A (part), 2008).

To safeguard against vehicle, bicycle, and pedestrian collisions caused by visual obstructions at street intersections, a clear cross-visibility area shall be maintained at the intersection of the public rights-of-way, unobstructed by any fence or wall taller than forty-two inches above the street grade. See Figure 21.62.050.

(1) On any corner lot: a triangular area at the street intersection measuring fifteen feet along each street property line (or the projections thereof parallel to the centerlines of the streets) from the point of intersection of such property lines (or the projections thereof);

(2) At the intersection of an alley with a street, or at the intersection of two alleys: a triangular area measuring fifteen feet along each street or alley property line from the point of intersection of the property lines;

(3) At any driveway entrance from or exit to a street: triangular areas on each side of the driveway measuring fifteen feet along the street property line and fifteen feet along the edge of the driveway from the point of intersection of the edge of the driveway with the street property line.

(Ord. 650, § 10, 2012; Ord. 612 Exhibit A (part), 2008).

Any fence or wall, including retaining walls located immediately abutting or parallel to any major or minor arterial street in the city shall be required to comply with the following design criteria:

(1) All such arterial walls, including retaining walls, shall be constructed of split-face tan color masonry block. The block wall shall have a decorative cap as approved by the planning division. At the discretion of the community development director, the decorative cap may extend beyond the height limitation.

(2) When fifty percent or more of the wall area of an existing wall or fence is reconstructed, changed, altered, redesigned or added, all the provisions of this section shall apply to the entire arterial wall.

(3) All fences and walls visible from a major or minor arterial roadway, including such walls or fence which are visible from, but not directly adjacent to such highways and streets, shall be maintained in good physical and aesthetic conditions at all times pursuant to Chapter 21.72 of the La Mirada Municipal Code.

(Ord. 650, § 11, 2012; Ord. 612 Exhibit A (part), 2008).

Notwithstanding the land use regulations and development standards associated with the design standards regulating walls and fences abutting or parallel to a major or minor arterial, the following fence and wall design standards shall apply to all interior neighborhood properties.

(1) All such fences or walls shall be constructed of precision block, slump stone, split face block, construction block with stucco covering, durable hardwood or vinyl material. The finish, materials, color, and texture, shall complement the existing main structure and must be approved by the planning division prior to construction. Masonry block shall have a decorative cap.

(2) When fifty percent or more of the wall area of an existing wall or fence is reconstructed, changed, altered, redesigned, or added, all the provisions of this section shall apply.

(3) All fences and walls shall be maintained in good physical and aesthetic condition at all times pursuant to Chapter 21.72 of the La Mirada Municipal Code.

(Ord. 650, § 12, 2012; Ord. 612 Exhibit A (part), 2008).

(a) Location. Electrified fences shall be prohibited in all zoning districts, except for the following:

(1) Industrial (M-2) Zoning District, provided the electrified fence is not located along a property line that abuts property in a residential zone or property used for residential purposes; and provided the electrified fence is not located within a required setback.

(2) Freeway Commercial (C-F) Zoning District, provided the electrified fence is only located along the rear and interior side property line that abuts a railroad right-of-way, flood control channel, waterway, or Industrial (M-2) zoned property and provided the electrified fence is not located within the required front yard setback.

(3) Temporary Location Exemption. A request for a temporary exemption from the permitted locations noted in numbers (1) and (2) above may be made via a zoning clearance/plan check application.

i. In addition to the documents/plans required for submittal of a zoning clearance/plan check application

submittal, the application shall also include the following:

1. Clear statement of the condition(s) that exist to warrant the requested exemption.

2. Clear justification for the approval of the requested location exemption.

3. Time period for the temporary exemption, start and end dates.

ii. The installation being proposed under an exemption shall comply with the Development Standards for Electrified Fences listed within the subsection 21.62.075(c).

iii. The following are required when granting a location exemption:

1. The property under application is located within the Industrial (M-2) or Freeway Commercial (C-F) Zoning District.

2. The condition(s) that exists for requesting the exemption is beyond the control of the applicant, business owner and property owner of the site making the request.

3. The condition(s) that exists for requesting the exemption is temporary.

4. The location of the temporary installation does not create a safety hazard for pedestrians, motorist or others.

5. The time period requested for the temporary location exemption is reasonable.

iv. In the event the condition that warranted the approval is cured prior to the expiration of the approved time period, the installation shall be removed within 30 days of written notice from the City of La Mirada.

• v. Appeals shall be subject to the procedures in Chapter 21.88 of Title 21 of this municipal code.

vi. Approval of a location exemption shall not be final until an agreement between the applicant, business owner, property owner and the City of La Mirada is executed. The agreement shall be prepared by the city attorney and executed by the city manager. The fee for preparation of the agreement shall be established by separate city council resolution.

(b) Permit requirement. Electrified fences shall require approval of a Zoning Clearance Application pursuant to Chapter 21.96 to ensure compliance with the applicable regulations of this section, chapter and title. Electrified fences shall also be reviewed and approved by the County of Los Angeles Fire Department prior to being granted all necessary Building and Electrical permits.

(c) Development Standards. Electrified fences shall comply with the following standards:

• (1) Electrified fences shall be installed as to be as minimally intrusive as possible.

• (2) Electrified fences should utilize horizontal electrified wires and minimal vertical post.

(3) Height. Electrified fences parallel to a street shall not exceed eight feet in height and electrified fences along a rear or interior side property line shall not exceed ten feet in height.

(4) Electrified fencing shall be completely surrounded by a non-electrified perimeter fence or wall that is not less than six feet high. Where an electrified fence is visible to the public, the perimeter fence or wall shall be 100% view obscuring. Vehicle access gates along a public right-of-way may be exempted from this requirement.

(5) The spacing between the electrified fence and perimeter fence or wall shall not be greater than eighteen inches and the area between the two shall be kept free of trash, debris and overgrown vegetation.

(6) No barbed, concertina, or similar wire shall be attached to the electrified fence or perimeter fence or wall, and any existing barbed, concertina, or similar wire attached to any fence or structure on the subject site shall be removed. (7) Electrification. Electrified fences shall be constructed or installed in conformance with applicable provisions of the Los Angeles County Electrical Code, California Electrical Code (CEC) and/or International Electrotechnical Commission (IEC) standards for electric fence energizers.

(8) The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC or other system as approved by the County of Los Angeles, Building and Safety Division.

(9) The electric charge produced by the fence upon contact shall not exceed the energizer limitations imposed by the Los Angeles County Electrical Code, California Electrical Code (CEC) and/or International Electrotechnical Commission (IEC) standards for electric fence energizers as approved by the County of Los Angeles, Building and Safety Division.

(10) Warning signs. Electrified fences shall be clearly identified with legible warning signs that read, "Warning: Electric Fence" and shall include a universal symbol indicating the presence of an electrified fence. Such signs shall be installed at each gate and access point, and on the perimeter fence or wall at intervals not exceeding thirty feet. The warning signs shall be visible on both sides of the fence and shall be no smaller than twelve inches by eighteen inches. The warning signs shall be kept in good condition to ensure visibility and readability.

l indicating the presence of an electrified fence. Such signs shall be installed at each gate and access point, and on the perimeter fence or wall at intervals not exceeding thirty feet. The warning signs shall be visible on both sides of the fence and shall be no smaller than twelve inches by eighteen inches. The warning signs shall be kept in good condition to ensure visibility and readability.

(11) Owner/management company contact. A notice shall be posted at each pedestrian and vehicle gate indicating a twenty-four-hour contact person's name and phone number.

(d) Emergency Access. A "Knox Box," disconnect switches and/or other similar approved devices shall be installed for emergency access as may be required by the County of Los Angeles Sheriff and Fire Departments. When required, disconnect switches and controls shall be installed in an easily accessible location on the property, shall not be obscured in any manner from the street/private driveway access and shall be clearly identified with signs. In the event of an emergency or urgent circumstance requiring that the County Sheriff and/or Fire Departments access a property with a permitted electrified fence, and the Knox Box or other similar approved device is absent or non-functional, and an owner, manager, employee, custodian, or any other person with control over the property is not present to disable the electrified fence, fire and/or Sheriff personnel shall be authorized to disable the electrified fence in order to gain access to the property. As a condition of permit issuance, when access is attained under emergency or urgent circumstances, all permit applicants and, by extension, the subject site's property owner(s), agree to waive any and all claims for damages to the electrified fence and associated equipment against the City of La Mirada, County Sheriff, County Fire Department, their employees and/or others acting at their direction.

(e) Indemnification. To the maximum extent permitted by law, all applicants and, by extension, the subject site's property owner(s) issued permits to install an electrified fence as provided in this section shall indemnify, defend and hold harmless the city, its elected officials, officers, agents, contractors, and employees with respect to: any and all claims, damages and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with or arising out of the exercise of rights granted by

section shall indemnify, defend and hold harmless the city, its elected officials, officers, agents, contractors, and employees with respect to: any and all claims, damages and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with or arising out of the exercise of rights granted by

the permits and/or approvals associated with the installation of an electrified fence; and any and all claims, liabilities, lawsuits or actions, including any and all claims, liabilities and losses for damage, injury, or death, occurring in connection with or arising out of the granting of or the exercise of the rights granted by the permits and/or approvals associated with the installation of an electrified fence. Applicant's obligation to indemnify, defend, and hold harmless the city as stated hereinabove shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the city's choice in representing the city in connection with any such claims, losses, lawsuits, or actions, and payment of any award of damages, judgments, verdicts, court costs and attorneys' fees in any such lawsuit or action." (Ord. 717 § 5, 2021; Ord. 710, § 8, 2019).

(1) Chain link fencing shall be prohibited in residential, commercial, and industrial zoned districts. Subject to approval of the community development director, chain link can be used in the industrial zone to substitute any area not be visible from the public right-of-way. Any chain link fencing existing as of the effective date of this provision shall be deemed legal nonconforming and subject to abatement pursuant to the nonconforming provisions of this title. (2) No razor wire, barbed wire, or similar fencing material shall be permitted in any Zoning District. Any such fencing materials existing as of the effective date of this zoning code shall be subject to abatement pursuant to the nonconforming provisions of this title.

(3) The installation of wood, vinyl or similar fencing material shall not be permitted along major or minor arterial roadways, including the mounting of screening materials (i.e., wood, lattice, and the like) that either protrudes over or increases the height of an existing fence or wall. Any such fencing materials existing as of the effective date of this provision shall be subject to abatement pursuant to the nonconforming provisions of this title. (Ord. 650, § 13, 2012)