San Diego County Municipal Code § 6708 Permitted Fences, Walls, Gates and Entry Structures

The provisions of Section 6700 through 6714, inclusive, shall be known as the Fencing and Screening Regulations. The purpose of these provisions is to prescribe standards for fences, walls and screening within San Diego County for the protection of property, the assurance of safety and security, the enhancement of privacy, the control of dust, and the improvement of the visual environment including the provision of a neat appearance in keeping with neighborhood character.

(Amended by Ord. No. 7735 (N.S.) adopted 3-13-90) (Amended by Ord. No. 10031 (N.S.) adopted 1-13-10)

The prescribed heights of required fences, walls or landscaping used for screening shall be measured above the actual adjoining level of finished grade, except that where parking, loading, storage, or similar areas are located above finished grade, the height of fences, walls or landscaping required to screen such areas or space shall be measured above the level thereof. An earthen berm not higher than 3 feet may count toward the prescribed height of any fence, wall or landscaping used for screening.

(Amended by Ord. No. 10031 (N.S.) adopted 1-13-10)

All fences and walls required or permitted by these regulations shall meet the following standards.

a. Materials for Fences and Walls. Fences and walls may be of any material commonly used in the construction of fences and walls, or otherwise acceptable by the Department, except as hereinafter specified. Such fence or wall shall meet any criteria for sturdiness and construction as established in other County regulations.

b. Opaqueness or Transparency of Fences. The degree of opaqueness or transparency of fences and walls may be determined by the property owner, in accordance with the owner’s desire for visual privacy, except as hereinafter specified. Notwithstanding this provision, such fence or wall shall meet the requirements of any other County regulation concerning the opaqueness or transparency of a fence or wall.

c. Hedges. A hedge or other dense landscaping may satisfy a requirement for a view-obscuring fence. In that case, the hedge or other landscaping shall be planted to ensure 100 percent screening within two years of installation. Such hedge or other dense landscaping shall be maintained in accordance with the provisions of San Diego County Code sections 86.701 et seq. and shall be replaced with another hedge, other dense landscaping or an appropriate fence or wall when it ceases to serve the purpose of obscuring views. However, no such hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall.

(Amended by Ord. No. 10031 (N.S.) adopted 1-13-10)

The following fences and walls shall be required:

a. Parking Area.

1. Fencing Requirement. All parking areas of 5 or more parking spaces, (and driveways serving such parking areas) located on parcels abutting property in any residential zone shall be separated from such abutting property by a solid fence or wall 72 inches in height.

2. Exceptions. The following are exceptions from the requirements of Paragraph "a.1":

i. The required fence or wall shall be 42 inches in height where said fence or wall abuts a front yard on adjacent property or that portion of any side or rear yard on adjacent property wherein the height of a fence or wall is limited to 42 inches.

ii. Where the finished grade of a parking area is more than 72 inches below the finished grade of adjacent property, no fence or wall is required except as necessary for the safety of persons. Where there are variations in the finished grade adjacent to the lot, these same requirements shall apply and the fence or wall shall be designed in such a way as to have a functional and aesthetic transition while protecting adjoining residential property from the lights and noise of vehicular traffic.

iii. The officer or body having jurisdiction over a Use Permit, Variance, Site Plan, Administrative Permit, or Building Permit may waive or modify the requirements of Paragraphs "a.1" and "a.2" if the officer or body finds that the placement of structures and other factors prevent the lights and noise of vehicular traffic from adversely affecting abutting residential property at least to the same degree as the required fence or wall.

b. Parking Areas in Planned Developments. In planned developments, all open off-street parking areas shall be screened from view of nearby residents by hedges or other dense landscaping.

c. Open Sales, Display and Storage Areas. All open sales, display and storage areas in the commercial zones and in zones subject to the M50, M52 and M54 Use Regulations shall be enclosed by a view-obscuring fence or wall not less than 72 inches high. This requirement shall not apply to the following commercial use types:

• 1. Agricultural Sales (Retail nursery only)
• 2. Automotive and Equipment: Cleaning
• 3. Automotive and Equipment: Sales/Rental, Heavy Equipment
• 4. Automotive and Equipment: Sales/Rental, Light Equipment
• 5. Eating and Drinking Establishments
• 6. Gasoline Sales provided that the use complies with Section 2980 - Limitation 12.
• 7. Commercial uses in the C34, C35 or C36 Use Regulations pursuant to Section 6816.

d. Mobilehome Parks and Planned Developments With Mobilehomes. Each mobilehome park and planned development containing mobilehomes shall be entirely enclosed at its exterior boundaries by a decorative, view-obscuring fence or wall, or by decorative screening or landscaping plants and/or materials; provided, however, that said fence, wall screening or landscaping when located within a front yard shall be constructed at or behind the required setback.

e. Scenic Areas. In zones subject to the Scenic Area Regulations commencing at Section 5200, potentially unsightly features shall be screened from view by a view-obscuring fence or wall or by decorative screening or landscaping plants and/or materials in accordance with the provisions of an approved Site Plan.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 5786 (N.S.) adopted 6-4-80) (Amended by Ord. No. 9569 (N.S.) adopted 7-9-03) (Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

No fence, wall, gate or entry structure shall be permitted unless it conforms to the criteria set forth below, except that the Board of Supervisors, the Planning Commission, or the Director, as a condition of approval of a matter under their jurisdiction, may require that a fence, wall or entry structure be constructed to a height greater than otherwise permitted by this section in order to mitigate against potential adverse effects.

a. Solid Fences and Walls. Solid fences and walls are permitted at the following locations provided they conform to the height limitations shown below. An exception to the height limitations may be granted in accordance with Sections 6708h or 6708i.

1. Main Building Area. Permitted up to the maximum height applicable to the main building.

2. Front or Exterior Side Yard. Permitted up to a maximum height of 42 inches.

3. Rear or Interior Side Yards. Permitted up to a maximum height of 72 inches.

b. Open Fences and Walls. Open fences and walls are permitted at the following locations provided they conform to the material specifications and height limitations shown below. An exception to the material specifications or the height limitations may be granted in accordance with Section 6708h. An exception to the height limitations may also be granted in accordance with Section 6708i.

1. Main Building Area. Permitted up to the maximum height applicable to the main building.

2. Front or Exterior Side Yard. Permitted up to a maximum height of 42 inches, except as follows:

On lots of one (1) gross acre or larger in size in the A70, A72, RR, S82, S88, S90 and S92 Use Regulations, open fences consisting of woven or barbed wire, wrought iron, pipe corral, or rails may be 72 inches high. Posts, pilasters or other support elements for such fences or walls shall not exceed 24 inches in any horizontal measurement, shall be spaced a minimum of 8 feet apart (edge to edge), and shall not exceed a height of 72 inches. Razor wire, and barbed wire attached to supports constructed at an angle to the vertical, are permitted only as a security measure for the purpose of protecting high-value agricultural uses, or commercial or industrial uses.

3. Rear or Interior Side Yards. Permitted up to a maximum height of 72 inches.

c. Tennis Court Fencing and Lighting. Tennis court fencing exceeding the height otherwise allowed by this Section, but not greater than twenty (20) feet in height, and lighting standards not greater than twenty (20) feet in height may be permitted on lots of one (1) gross acre or larger in size upon granting an exception in accordance with Section 6708h.

d. Gates and Gate Entry Structures on Individual Lots or Building Sites. Gates, not exceeding 12 feet in height, and gate entry structures on individual lots or building sites are permitted. Gate entry structures on individual lots or building sites shall meet the criteria shown below. An exception to these criteria may be granted in accordance with Section 6708h. Where the County Fire Code and Local Fire District Ordinances require additional restrictions; the most restrictive requirements shall apply.

1. Main Building Area. Permitted up to the maximum height applicable to the main building.

2. Front, Rear, Interior or Exterior Side Yard. Permitted, provided no higher than 12 feet and located a minimum of 10 feet from the nearest edge of any public road right-of-way or private road easement which intersects the access to the gate entry structure. Support elements designed as entry structures on either side of a fence opening that provides vehicular access may extend a horizontal distance of not more than 15 feet on both sides of the opening and may not exceed 12 feet in height for more than a distance of 6 feet on either side of the opening. Such entry structures may incorporate a gate house not exceeding 12 feet in height, but may not bridge the entryway unless an exception is granted in accordance with Section 6708h.

3. For Fire Protection Access, gate entry structures shall provide a minimum vertical clearance of 13 feet, 6 inches for vehicles. (Note: The County Fire Code and Local Fire District Ordinances regulate entry gates or other obstructions across fire access roadways and driveways. Gate entry structures fall under the County Fire Code and must be reviewed by the appropriate Fire Agency.)

e. Gates and Gate Entry Structures Across Private Road Easements. Gates not exceeding 12 feet in height, and gate entry structures across private road easements are permitted. Gate entry structures on private road easements shall meet the criteria shown below. An exception to these criteria may be granted in accordance with Section 6708h.

1. Gate entry structures shall not exceed a height of 12 feet; and

2. Gate entry structures shall be located at least 50 feet from any road right-of-way or road easement which intersects the gated access; and

3. Gate entry structures shall not extend a horizontal distance of more than 15 feet on either side of the gate opening and may not exceed 12 feet in height for more than a distance of 6 feet on either side of the opening.

4. For Fire Protection Access, gate entry structures shall provide a minimum vertical clearance of 13 feet, 6 inches for vehicles. (Note: The County Fire Code and Local Fire District Ordinances regulate entry gates or other obstructions across fire access roadways and driveways. Gate entry structures fall under the County Fire Code and must be reviewed by the appropriate Fire Agency.)

5. Prior to issuance of a building permit, written consent shall be obtained for the gate or gate entry structure, and submitted to the Department (on a form satisfactory to the Department), from all owners of property with access rights across the private road easement upon which the gate is to be installed.

f. Lighting. Lights and/or decorative fixtures may be placed on the top of pilasters or fence posts on both sides of each entry, at property corners, and elsewhere along a fence or wall spaced a minimum of 40 feet apart. Such fixtures may extend 12 inches above the top of the supporting post or they may extend up to a height equal to the width of a supporting pilaster (or post), to a maximum of 24 inches, whichever is greater. Such lighting shall conform to the provisions of subsections a., b. and c. of Section 6324 (LIGHTING PERMITTED IN REQUIRED YARDS). Exceptions to these criteria may be granted in accordance with Section 6708h.

g. Fences and Walls For Animal Enclosures. The location of fences and walls which confine animals shall conform to the Animal Regulations commencing at Section 3000.

h. Exceptions.

1. Fences, Walls and Gate Entry Structures on Individual Lots. The Director may approve an administrative permit granting an exception to the applicable criteria otherwise specified in this Section for fences (including animal enclosures or tennis court fences), walls and gate entry structures on individual lots. The Administrative Permit Procedure at Section 7050 through Section 7099 shall apply. Notice of the administrative permit application shall be given to all property owners within a distance of 300 feet from the applicant's property. The Director may approve said administrative permit provided the following findings are made:

i. The structure will be compatible with the community character and will not be detrimental to the health, safety or general welfare of the surrounding properties or the neighborhood; and

ii. The structure will not interfere with traffic circulation, create a safety hazard or obstruct future road widening.

2. Gate Entry Structures and Gate Houses on Private Easements. The Director may approve an administrative permit granting an exception to the applicable criteria otherwise specified in this Section for gate entry structures and gate houses on a private easement. The applicant shall provide notice materials in accordance with Section 7060c. in order to notify all property owners having legal access to the easement upon which the gate entry structure or gate house will be located. The Director may approve said administrative permit provided the following findings are made:

i. The structure will be compatible with the community character and will not have a harmful effect upon the neighborhood; and

ii. The structure will not be detrimental to the health, safety or general welfare of the surrounding properties or improvements.

3. Lighting. The Director may approve an administrative permit granting an exception to the applicable criteria otherwise specified in this Section for lighting provided a finding is made that said lighting will be compatible with the community character and will not have a harmful effect upon the neighborhood.

i. Administrative Exceptions for Additional Fence or Wall Height. An administrative exception for fence heights up to 7 feet 6 inches in interior side yard setbacks or in rear yard setbacks not abutting a street, private thoroughfare, or alley, may be granted provided the following requirements are met:

1. Written consent is obtained for the proposed additional fence height, and submitted to the Department (on a form satisfactory to the Department), from all owners of contiguous property (including owners of parcels or lots across any street or alley from the site proposed for fencing).

2. An application form shall be submitted and a processing/record-keeping fee shall be collected at the time an administrative exception for additional fence height is requested, pursuant to the fee referenced in Section 7602.

Any decision by the Director pursuant to this section shall be final.

j. Open Fences With Razor Wire or Barbed Wire at Top - Calculation of Fence Height. Where open fences 72 inches in height or greater are permitted, razor wire and barbed wire attached to support elements extending from the top of an open fence at an angle from the vertical are permitted except where said razor wire and barbed wire are not permitted in Subsection b.2. of this Section. The portion of the fence consisting of razor wire or barbed wire attached to support elements extending from the top of an open fence at an angle from the vertical, shall not be used in calculating the height of such a fence provided the vertical height of said razor wire and/or barbed wire shall not exceed 2 feet.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 6134 (N.S.) adopted 7-22-81) (Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 7432 (N.S.) adopted 1-06-88) (Amended by Ord. No. 7576 (N.S.) adopted 1-11-89) (Amended by Ord. No. 8166 (N.S.) adopted 10-21-92) (Amended by Ord. No. 8246 (N.S.) adopted 5-19-93) (Amended by Ord. No. 8425 (N.S.) adopted 7-13-94) (Amended by Ord. No. 8599 (N.S.) adopted 10-11-95) (Amended by Ord. No. 9676 (N.S.) adopted 9-22-04) (Amended by Ord. No. 9935 (N.S.) adopted 4-23-08) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12) (Amended by Ord. No. 10285 (N.S.) adopted 9-11-13)

In all zones, properties shall be landscaped and maintained in accordance with the provisions of the County Code sections 86.701 et seq. and the conditions of any applicable discretionary permit. The following landscaping shall also be required:

a. M50 and M52 Use Regulations. In all zones subject to M50 and M52 Use Regulations, a landscaped strip at least 10 feet wide shall be established in every front yard; and a landscaped strip at least 5 feet wide shall be established in every exterior side yard, and in every interior side yard and rear yard adjacent to each public place, and adjacent to all abutting property in any residential zone, except for necessary ways of ingress and egress. The landscape strips shall include dense view-obscuring screening at least 6 feet in height in side or rear yard landscape strips, and 42 inches high in front yard landscape strips. The landscape strips shall be subject to the requirements of San Diego County Code sections 86.701 et seq.

b. Mobilehomes Parks and Planned Developments With Mobilehomes. In a mobilehome park developed pursuant to the Mobilehome Park Regulations commencing at Section 6500 or a planned development contained mobilehomes developed pursuant to the Planned Development Regulations commencing at Section 6600, all areas not used for permitted main or accessory buildings, interior access drives, pedestrian circulation, and service areas shall be completely and permanently landscaped and maintained in accordance with the provisions of San Diego County Code sections 86.701 et seq. and the conditions of the applicable use permit. The mobilehome park or planned development containing mobilehomes shall relate harmoniously to the topography of the site, and where feasible make suitable provisions for preservation of water courses, wooded areas, rough terrain and similar natural features and areas, and shall otherwise be so designed as to use such natural features and amenities to best advantage.

c. Commercial Activities in Residential Zones. In all residential zones the required front and exterior side yards of lots or parcels on which commercial use types are conducted shall be landscaped in accordance with the provisions of sections 86.701 et seq. of the County Code.

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80) (Amended by Ord. No. 10031 (N.S.) adopted 1-13-10) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)