Malibu Municipal Code § 3.5 General Regulations/Development Standards

The following standards shall apply in all zoning districts:

A. Hedges, Fences and Walls. Hedges, fences and walls may be erected and maintained in required yards subject to the requirements specified herein:

1. Front Yards: Fences and walls within a required front yard shall not exceed a height of forty-two (42) inches with the exception of open/permeable, non-view-obscuring fencing which may extend to a maximum height of six feet. Fencing on Institutionally-zoned parcels may extend to a maximum height of eight feet if the portion above forty-two (42) inches is constructed of open/permeable, non-view-obscuring material.

2. Corner Side Yards: Fences and walls within a required corner side yard shall not exceed forty-two (42) inches in height where closer than five feet to the right-of-way line, nor exceed six feet in height where five feet or more from said right-of-way line. Fencing on Institutionally-zoned parcels may extend to a maximum height of eight feet if the portion above forty-two (42) inches is constructed of open/permeable, non-view-obscuring material.

3. Interior Side and Rear Yards: Fences, walls and hedges forming a barrier and serving the same purpose as a fence or wall 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 hedge, fence or wall shall be subject to the same requirements as for a corner side yard. Fencing on Institutionally-zoned parcels may extend to a maximum height of eight feet if the portion above forty-two (42) inches is constructed of open/permeable, non-view-obscuring material.

4. Retaining Walls: Retaining walls shall not exceed six feet in height for any one wall, nor twelve (12) feet for any combination of walls (including required freeboard), and which shall be separated by at least three feet, are permitted in all yards.

5. Retaining Walls Topped with Walls or Fences:

a. 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 contributed to the permissible height of a fence or wall; providing, however, that in any event an open/permeable, non-view-obscuring fence of forty-two (42) inches may be erected at the top of the retaining wall for safety protection.

b. 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 six 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.

6. 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.

7. Measurement of Fences and Wall Height: The height of a fence or wall shall be measured at the highest 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 height of such fence or wall exceed the maximum height specified.

8. 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 Section 13.26 of the Malibu LIP (Variances and Modifications).

9. All fencing enclosing more than a half acre of a residentially zoned parcel shall be open/permeable, non-view-obscuring.

10. All sports court fencing within required yards shall be subject to the provisions of this chapter. Such fencing, or other freestanding walls or fencing outside of the required yards, shall not exceed twelve (12) feet in height. Fences shall be visually permeable unless non-permeable fences are approved pursuant to Section 13.27 of the Malibu LIP (Site Plan Review).

11. Hedges and flammable fences and walls are prohibited within five feet of a building. For fences and walls, the distance shall be measured from the outermost projection of the building to the fence or wall, including eaves, overhangs, and second floor balconies. For hedges, the distance shall be measured from the outermost projection of the buildings to the canopy of the hedge at its projected maturity, including eaves, overhangs, and second floor balconies.

B. Projections into Yards:

1. Architectural projections including eaves, awnings, louvers, and similar shading devices; sills, belt courses, cornices, and similar features, may not project more than six feet into a required yard, provided that the distance between an architectural projection and a property line shall not be less than three feet.

2. Oriel or bay windows and chimneys may not project more than three feet into a required yard, provided that the projection does not extend closer than three feet to the property line and provided that the total width of oriel or bay windows shall not exceed fifty (50) percent of the length of the wall on which they are located or ten (10) feet, whichever is less.

3. Unroofed porches, steps, and terraces may project into a required yard up to a point not closer than three feet to a property line, provided, that the height including railings shall not exceed six feet above the grade of the ground at the property line.

4. Balconies, decks, terraces which are at least six feet above grade, may not project more than six feet into a required yard, and shall provide at least three feet of required yard. Such structures shall be cantilevered or supported only by columns. A balcony or deck projecting from a higher story may extend over a lower balcony or deck but shall not in such case be deemed a roof for the lower balcony or deck.

5. Open, unenclosed fire escapes and fireproof outside stairways may project into any required yard a maximum of four feet; provided, that no yard shall be reduced to less than three feet.

6. Underground structures, such as swimming pools, may project without limit into any required yards; provided, that such structures shall not have a height of more than two and one-half feet above adjacent grade and shall not be located closer than five feet to any property line, or main structure.

7. Arbors and trellises having a supporting structure with beams less than four inches thick may extend into any yard area up to a point no closer than three feet to any property line.

8. Accessory Structures and Equipment located in the rear and side yards subject to the following limitations:

a. Ground-mounted pool equipment, air conditioners and built-in barbecues, provided that the equipment shall not be located closer than three feet to the property line. Ground mounted pool and air conditioning equipment must be screened by a solid wall or fence on all sides, except in cases where the equipment is located next to a dwelling, in which case the equipment must be screened on the three sides not adjacent to the dwelling.

b. Rain conductors, spouts, utility-service risers, and shut-off valves, may project a maximum distance of one foot into any required yard.

c. Water heaters, water softeners and gas or electric meters, including service conduits and pipes, adequately screened, may project a maximum distance of two and one-half feet, provided that such structures or equipment are not closer than three feet to any lot line.

d. Wall and window mounted air conditioners, coolers and fans may be used in any required yard, provided that such equipment is not closer than three feet to any lot line.

e. Guard railings or fences for safety protection around depressed ramps may be placed in any yard provided such railing or fence does not exceed a height of three and one-half feet.

f. Driveways, walkways, patio slabs and other areas constructed of concrete, asphalt or similar materials and wooden decks may be used in any required yard provided that such structures do not exceed one foot above ground level. Decks over one foot high shall be regulated by Section 3.5.3(B)(3) of the Malibu LIP. This provision shall not exclude the use of steps providing access between areas of different elevation on the same property.

C. Accessory Uses: Accessory uses identified as being permitted within any zone may be established only if they are accessory and clearly indicated to a primary permitted or conditionally permitted use established concurrent with or prior to establishment of accessory use.