Chapter 16.24 — FENCES

• Editor's Note: Prior ordinance history: Prior code §§ 34.501 - 34.510, and Ordinance Nos. 2104, 2863, 2865 and 2960.

Throughout this chapter, the following definitions shall apply:

(a) Height Measurement. Except as otherwise provided in this chapter, height of fences or walls between the setback line and lot line shall be measured from natural grade, as determined by the chief building official or Director of Planning and Development Services or designee.

(b) "Lot line" means any boundary of a lot. Definitions of front, interior, rear, side and street lot lines shall be those contained inChapter 18.04 of this code.

(c) "Street setback line" means a line established by this code or any ordinance of the city of Palo Alto to govern the placement of buildings with respect to streets and alleys, and shall be measured from the lot line.

(d) Definitions of all "yards" (front, interior, rear, side and street yards) shall be those contained inChapter 18.04 of this code, or as required by the special setbacks of Chapter 20.08 of this code.

(Ord. 5494 § 3, 2020: Ord. 5373 § 2 (part), 2016; Ord. 3754 § 1 (part), 1987)

(a) Fences Between the Street Setback Line and the Lot Line. A fence, wall, or other structure in the nature of a fence located between the street setback line and the lot line, shall be permitted up to four feet in height, except as otherwise provided in this chapter. Support posts or columns, not exceeding five feet in height or eighteen inches in width, and pedestrian gates and trellises used as entryway features, not exceeding eight feet in height, three feet in depth or five feet in width shall be permitted.

(b) Fences Beyond Setback Line.

(1) Front Yards and Street Side Yards. A fence, wall, or other structure in the nature of a fence, located beyond the street setback line in a front yard or other street side yard shall not exceed six feet in height, except that, where a street setback line exceeds sixteen feet, such fences or walls may be constructed to within sixteen feet of the lot line.

(2) Interior Side Yards and Rear Yards. A fence, wall or other structure in the nature of a fence, located beyond the street setback line in an interior side yard or rear yard, shall not exceed seven feet in height, except that where a street setback line exceeds sixteen feet, such fences or walls may be constructed to within sixteen feet of the lot line.

(c) Fences on University Avenue. A fence, wall or other structure in the nature of a fence, up to six feet in height, except as otherwise provided in Section 16.24.040, may be located within the front and street side yard setbacks on residential property having street frontage on University Avenue, between Middlefield Road and the eastern city limit, provided that the fence complies with the following:

(1) Fences shall be located on private property, no closer than five feet from the edge of the sidewalk nearest the house;

(2) Structural and decorative posts or columns, not exceeding seven feet in height or eighteen inches in width, and spaced no closer than six feet apart, from center to center, shall be permitted;

(3) The color, material and design of the fence shall be compatible with the architecture of the main dwelling unit on the site;

(4) Screen landscaping and associated irrigation shall be installed and maintained on the street side of the fence;

(5) Fences exceeding four feet in height shall not be located within a triangular area (a "sight distance triangle") measured from a driveway, as shown in Figure 1*. Gates, which when in an open position, are entirely outside of the "sight distance triangle" shall be permitted.

(d) Fences Adjacent to San Francisquito Creek Flood Control Expansion Area. A fence or wall up to ten feet in height may be located at the rear of any single family residential site adjacent to San Francisquito Creek and fronting on Edgewood Drive if the portion of the site subject to a permanent easement in favor of the Santa Clara Valley Water District (or its successor in interest) for flood control purposes is reconfigured after January 1, 2002.

(Ord. 4751 § 2, 2002: Ord. 4224 § 1, 1994: Ord. 3754 § 1 (part), 1987)

• Editor's Note: Figure 1, referred to herein, may be found at this point in a printed edition of this code.

The following special fences are permitted in accordance with the regulations contained in each subsection:

(a) Fences Around Tennis Courts. Fences not to exceed twelve feet in height may be located around tennis courts, badminton courts, basketball or volleyball courts and similar play areas, providing that all parts of the fence over six feet are made of open wire construction of galvanized steel or other corrosion-resistant material, and that the fences are behind the zoning setback line.

(b) School Fences. School play areas may be fenced to the street line; provided, that the fence is made of open wire construction and does not exceed ten feet in height.

(c) Security Fences. Fences not to exceed eight feet in height may be located around industrial, manufacturing, or research uses where required for security purposes, screening, or containing hazardous materials.

(Ord. 3754 § 1 (part), 1987)

A fence, wall or structure in the nature of a fence located at the intersection of any street improved for vehicular traffic, shall not exceed three feet in height above the adjacent curb grade, within a triangular area formed by the curblines, and their projection, and a line connecting them at points thirty-five feet from the intersection of the projected curblines.

(Ord. 3754 § 1 (part), 1987)

Where residential properties abut frontage roads, railroad rights-of-way, industrial or commercial areas, or public property other than a public street, fences of solid board or similar materials may be constructed to a height not to exceed eight feet. The height of such fences behind a sixteen- foot setback line shall be measured from natural grade.

(Ord. 3754 § 1 (part), 1987)

Where corner lots are adjacent to each other with rear yards joining, a six-foot fence is permitted on the street side yard lot line at a point beginning fifty feet from the radius point of the corner, except that where a driveway occurs in that area, no fence may be constructed for a clear distance of twelve feet from the point of intersection of driveway and property lines. This provision shall not apply to corner lots whose rear or side yard abuts an interior side yard of an adjacent property.

(Ord. 3754 § 1 (part), 1987)

On a through lot, a six-foot fence is permitted on the rear lot line. The rear lot line is the property line abutting the street that does not provide the primary access to the lot.

(Ord. 4081 § 2, 1992)

The following type fences are prohibited and are a nuisance constituting an unsafe and unlawful condition, and may be abated pursuant to Chapter 9.56 of this code:

(a) Barbed wire fences;

(b) All wire, twine or rope fences consisting of one or more strands of wire, twine or rope less than three feet in height and within three feet of any public sidewalk.

(Ord. 3754 § 1 (part), 1987)

(a) No person shall erect, construct or maintain any fence, wall or structure in the nature of a fence which does not meet the requirements of this section.

(b) Violation of any provision of this chapter is an infraction, punishable as provided in this code. Each day of violation constitutes a separate offense and may be separately punished.

(c) Persons employed in the following designated employee positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter: chief building official, assistant building official, PCE Director or designee,

and code enforcement officer.

(Ord. 5373 § 2 (part), 2016; Ord. 4305 § 8, 1995: Ord. 3754 § 1 (part), 1987)

A variance to any of the requirements of this chapter may be granted in accordance with the provisions and procedures set forth inChapter 18.76 (Permits and Approvals) of this code, except that no variance may be granted to the requirements contained in Sections 16.24.040 or 16.24.070.

(Ord. 4826 § 16, 2004: Ord. 3754 § 1 (part), 1987)