15-2-4: HEIGHT RESTRICTIONS FOR WALLS AND FENCES:
   A.   Residential zones. A wall or fence 42 inches in height may be located on any part of a lot. On an interior or corner lot, a wall or fence up to six feet in height may be located anywhere on the lot behind the required front yard. On a reversed corner lot, a wall or fence up to six feet in height may be maintained anywhere on the lot behind the required front yard except within the required triangular open area at the rear constituting a part of the required side yard of the street side. The provisions of sections 15-2-6 and 15-2-11 of this chapter shall apply to walls and fences adjacent to corners and driveways.
      1.   Retaining Walls:
         a.   Where a retaining wall protects a cut slope below the natural grade, as depicted in subsection 15-2-4A-4, the retaining wall may be topped by a fence or wall of a height equal to that which would otherwise be permitted at that location This does not apply to retaining walls which protect a fill slope.
         b.   A retaining wall that protects a cut slope located in a required front or streetside setback is limited to three feet in height.
         c.   Where a retaining wall contains a fill and is not located in any required setback, as depicted in subsection 15-2-4A-4, the height of the wall retaining the fill is considered as contributing to the permissible height of a fence or wall. If required by the California Residential Code, an open work fence or guardrail, not more than 42 inches in height, may be erected on top of a retaining wall. An "open work fence" means a fence in which the component solid portions are evenly distributed, vertically oriented, and constitute not more than 25 percent of the total surface area of the fence.
         d.   A retaining wall located in any required setback, as depicted in subsection 15-2-4A-4, may retain a maximum of three feet of fill. The height of the retaining wall built to retain the fill is considered as contributing to the permissible height of a fence or wall.
      In a required side or rear setback, if required by the California Residential Code, an open work fence or guardrail, not more than 42 inches in height, may be erected on top of a retaining wall. However, the maximum height of the fence and/or wall including a required openwork fence or guardrail is limited to six feet six inches.
      In a required front setback, a six-inch wall or fence may be erected on top of a wall which retains a maximum of three feet. No open work fence, above the maximum 42-inch total height, is allowed in the front setback.
      2.   Exceptions: The provisions of this section shall not apply to fences required by State law to surround and enclose public utility installations or to chainlink fences enclosing school grounds and public playgrounds.
      3.   Adjustments: A wall or fence up to eight feet in height may be allowed in residential zones subject to the approval of an adjustment, pursuant to chapters 22 and 23 of this title. A variance is required for a wall or fence in a residential zone which exceeds eight feet in height.
      4.   Figures And Diagrams:
   B.   Non-residential zones. Open work fences up to eight feet in height may be located on any part of a lot. Solid fences or walls up to six feet in height may be located and maintained on any part of a lot behind the required front and street side setbacks. Solid fences or walls up to 42 inches in height may be located in a required front or street side setback.
      Required walls. When abutting properties with a different zoning designation, a six-foot high masonry wall shall be provided along the common property lines.
      1.    Retaining walls
         a.    Where a retaining wall protects a cut slope below the natural grade, as depicted in subsection 15-2-4B-4, the retaining wall may be topped by a fence or wall of a height equal to that which would otherwise be permitted at that location. This does not apply to retaining walls which protect a fill slope.
         b.   A retaining wall that protects a cut slope located in a required front or streetside setback is limited to three feet in height.
         c.    Where a retaining wall contains a fill and is not located in any required setback, as depicted in subsection 15-2-4B-4, the height of the wall retaining the fill is considered as contributing to the permissible height of a fence or wall. If required by the California Building Code, an open work fence or guardrail, not more than 42 inches in height, may be erected on top of a retaining wall. An "open work fence" means a fence in which the component solid portions are evenly distributed, vertically oriented, and constitute not more than 25 percent of the total surface area of the fence.
         d.    A retaining wall located in any required setback, as depicted in subsection 15-2-4B-4, may retain a maximum of three feet of fill. The height of the retaining wall built to retain the fill is considered as contributing to the permissible height of a fence or wall.
      In a required side or rear setback, if required by the California Building Code, an open work fence or guardrail, not more than 42 inches in height, may be erected on top of a retaining wall. However, the maximum height of the fence and/or wall including a required openwork fence or guardrail is limited to eight feet.
      2.    Exceptions: The provisions of this section shall not apply to fences required by state law to surround and enclose public utility installations or to chainlink fences enclosing school grounds and public playgrounds.
      3.    Adjustments: If there is a City-verified nuisance, criminal activity, or extraordinary topographical circumstances, a wall or fence may exceed the maximum permitted height by up to two feet subject to the approval of an adjustment by the Director, pursuant to chapters 22 and 23 of this title. A wall or fence may exceed the permitted height by more than two feet subject to the approval of an adjustment by the Planning Commission, pursuant to chapters 22 and 28 of this title.
      4.    Figures And Diagrams:
   C.   Temporary Construction Fencing. Construction projects that are accessible from a street right-of-way or an abutting property and which remain in operation or expect to remain in operation for over 30 calendar days shall provide temporary construction fencing, as defined in Section 15-1-6 (Fence, Temporary Construction) of this code. Unless required to protect against a safety hazard, temporary construction fencing shall not be erected sooner than 15 days prior to commencement of construction. Once erected, temporary construction fencing shall be subject to the following standards and conditions:
      1.   The temporary construction fencing shall surround all safety hazards, as required by the building official, and shall prevent unauthorized entry to the subject parcel;
      2.   The temporary construction fencing shall adequately screen outdoor storage of construction equipment and materials as determined by the Director. Chain linked fencing with a mesh screen in addition to the material identified in ESMC Section 15-2-8 may be used as temporary construction fencing;
      3.   During construction, the subject temporary fencing shall be maintained in a satisfactory condition as determined by the Director; and
      4.   Temporary construction fencing shall be maintained in a satisfactory condition as determined by the Director, and shall be removed, unless such removal would create a safety hazard, as determined by the director or the city's building official, within 30 days of the following occurrences:
         a.    The expiration or withdrawal of the building/grading permit for development of the fenced parcel; or
         b.    Issuance of the final building/grading permit approval or certificate of occupancy for the development of the fenced parcel.
      5.   If temporary construction fencing is determined by the director or the city's building official to be necessary to protect against a safety hazard or attractive nuisance, the temporary fencing may be erected for a period of 180 days or for a longer period, as permitted by the building official until the hazard or nuisance is abated, after which the property owner shall either remove the temporary fencing or replace the temporary fencing with permanent fencing.
(Ord. 1551, 8-15-2017; amd. Ord. 1648, 6-21-2023)