How tall can a fence be near the road in Los Altos Hills?
It depends on distance from the road centerline and on fence type. In setback areas next to a road, the town ties fence height to the distance from the centerline of the adjacent public or private road right-of-way rather than to front or back yard (§ 10-1.507(f)(4)–(5)):
- Open fences and gates: minimum setback 30 feet from the centerline, where the maximum height is 4½ feet; 6 feet at 45 feet.
- Solid fences, gates and walls: minimum setback 30 feet from the centerline, where the maximum height is 3 feet; 6 feet at 60 feet.
Between those points the code says: "Height may be proportionately increased one foot for every 10 foot increase in setback, up to a maximum of six feet in height" (§ 10-1.507(f)(2)).
Fences and walls on property lines or in setback areas that are not adjacent to a road right-of-way may not exceed 6 feet (§ 10-1.507(f)(1)). A fence over 6 feet in a setback area, or closer to the centerline than the section allows, requires a variance.
What changes at an intersection?
Solid walls, fences and gates may not exceed 3 feet above the road level in the area bounded by the centerlines of the intersecting roads and a straight line joining points on those centerlines 80 feet from their intersection (§ 10-1.507(f)(12)). Shrubs and plants in that area are held to the same 3 feet.
Do I need a permit for a fence in Los Altos Hills?
Yes. The code states: "No fence, wall, gate, or column structure shall be erected or replaced without the prior issuance of a Zoning or Site Development Permit from the Town" (§ 10-1.507(b)).
Some permit requests also require notice to adjacent neighbors and neighbors across the street: fences, walls, gates and columns that require the removal of existing screening vegetation; solid fences that affect neighbor views; and other proposals the Planning Director considers appropriate for a noticed hearing (§ 10-1.507(e)).
Do I need a permit to fix a few sections of fence?
For a legal nonconforming fence, wall, gate or column, repair of less than 50 feet, or of no more than 25% of the total fence or wall length, does not require a permit if no other work is done on the same structure over a 12-month period (§ 10-1.507(g)). Replacing a legal nonconforming fence means meeting the current requirements of the section.
Can I replace my old chain-link fence with new chain link?
Only with vinyl-coated chain link in dark green, black or brown, with matching vinyl-coated cross bars and caps. Plain chain link is prohibited (§ 10-1.507(d)(1)).
The same subsection prohibits barbed and razor wire, and electric fences except where necessary for animal husbandry (d)(2); fences, walls and gates with points, spikes or sharpened edges that may harm people, pets or wildlife (d)(3); and perimeter fences, walls, gates and columns with a color reflectivity value over 50% (d)(4).
On materials the code says that open fences using natural materials and colors, "including unpainted and stained white, brown or gray wood; welded or woven wire and wood posts; and natural stone and/or brick construction are preferred and generally not subject to public notice" (§ 10-1.507(e)).
Can a fence go across the pathway easement on my lot?
No. No fence, wall, gate or column may be located within a public or private road right-of-way or a pathway easement; the one exception the code names is a mailbox post or column with an approved permit (§ 10-1.507(d)(5), (f)(11)).
Around open space and conservation easements, perimeter fences may be up to 6 feet, with the lowest strand or rail at least 12 inches above grade, in split-rail wood or an equivalent design, so wildlife can pass (§ 10-1.507(f)(9)).
How close to a creek can a fence be?
The site development chapter sets structures back a minimum of 25 feet from the top of bank of all creeks. Greater setbacks may be required along major creeks, and lesser setbacks only where approved by the Planning Commission (§ 10-2.702(e)). The fence section's definitions open with a fence as "a structure serving as a barrier or screen" (§ 10-1.507(c)).
What to do before the first post goes in
The town's planning staff confirm what applies at a specific address. For fence work in Los Altos Hills, photos of the fence are enough for the independent contractor assigned to your area to say what the repair involves. Rules for neighbouring towns are in the fence rules and permits guide.
Cited from the Los Altos Hills Municipal Code as published on eCode360: § 10-1.507 (Ord. 434, 2004; Ord. 442, 2006; Ord. 517, 2010) for permits, prohibited types, public notice, heights and setbacks, easements and nonconforming fences; § 10-2.702(e) for creek setbacks. This page describes the rules, not your specific lot.
California law
City rules decide how tall a fence may be and when it needs a permit. Two other questions are governed by state law. Under Civil Code § 841, neighbors are presumed to share equally the reasonable cost of a fence dividing their properties, and the owner planning the work must give 30 days' written notice first. The boundary itself can only be located by a person authorized to practice land surveying in California.
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