Fences and Walls Handout Excerpts from MBMC

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1 Fences and Walls Handout Excerpts from MBMC MBMC Section (P) Property Development Regulations: RS, RM, and RH districts The maximum height of a fence or wall shall be 6 feet in required side or rear yards, and 42 inches in required front yards. In addition, all fences and walls shall be subject to the driveway visibility requirements of Section Exceptions: 1) A fence or wall having additional non-retaining height shall be permitted wherever a 6 foot fence is allowed, provided such additional height over 6 feet meets one of the following criteria: a) The additional portion is required, for safety purposes, by the City's Building Official; is constructed of primarily vertical railing that is continuously at least 75% open; and, the total combined fence/wall height does not exceed 11 feet. b) The additional portion is sloped inward (open or solid) at an angle of not less than 30 degrees and no more than 45 degrees from vertical, and provided, further, that such additional portion shall not make the total height of the fence more than 8 feet and shall not extend closer than 3 feet to any part of any building. c) The additional portion is approved in writing by each owner of property (the City in cases of public right-of-way) abutting the property line along which the fence is located, and provided further, that such additional portion shall not make the total height of the fence more than 8 feet, or the combined height of adjacent neighboring retaining wall and fences more than 12 feet. 2) Architectural screen walls not to exceed 6 feet 6 inches in height may be erected in the required front yard in Area Districts I and II provided that such walls are placed not less than 14 feet back from the front lot line and not less than the required setback from the side property line, nor extend for more than one-half the lot width. For the purposes of this section, fence/wall height shall be measured from the lower finished grade (which may include a neighboring private or public property's grade) adjacent to any portion of a vertically oriented barrier (including solid hedges, but excluding structures and buildings, etc.) to the corresponding top of said barrier portion, including any attachments. If more than one fence/wall is located within a required yard, any portion of a fence/wall that projects above a 45-degree daylight plane inclined inward from the top of the lowest adjacent fence/wall, shall be counted toward the height measurement of the lowest fence/wall. Note: The City has a standard Neighbor Fence Agreement that can be used when a fence over 6 feet in height is proposed. Fire Department Temporary Facility Address: 1599 Valley Drive, Manhattan Beach, CA FAX (310) Police Department Temporary Facility Address: 1501 N. Peck Ave., Manhattan Beach, CA FAX (310) Public Works Department Address: 3621 Bell Avenue, Manhattan Beach, CA FAX (310) Visit the City of Manhattan Beach Web Site at

2 SIDE OR REAR YARD P/L SIDE OR REAR YARD P/L 1' TYPICAL 6' MAX 3' 45 3' SIDE OR REAR YARD P/L SIDE OR REAR YARD P/L Open guardrail permitted only if required for safety purposes. FRONT YARD P/L FRONT YARD P/L 18" 42" 24" 24" 3' Note: Guardrail or handrail is not allowed in addition to the 42" height limit. 2

3 Examples of 8-Foot Fence Height Exception (with neighbor s written consent, obtain form from Community Development) MBMC (P)(1)(c) (only if required for safety purposes) Maximum retaining is 6 in any case 3

4 MBMC Section Driveways; visibility. Visibility of a driveway crossing a street property line shall not be blocked between a height of 3 feet and 9 feet for a depth of 5 feet from the street property line as viewed from the edge of the right-of-way on either side of the driveway at a distance of 15 feet or at the nearest property line intersecting the street property line, whichever is less. Exceptions: Properties consisting of lots having vehicular access only across a sideyard located in residential districts in Area Districts III and IV are exempted from this requirement. MBMC Section Traffic vision clearance on corner lots All corner lots shall be subject to certain yard requirements as detailed in Chapter 3.40 (et seq.) of the Municipal Code to provide for vision clearance by the elimination of traffic sight obstructions. Said requirements shall not apply to properties located in Area Districts III and IV. MBMC Chapter 3.40 Traffic sight obstructions Section Obstructions prohibited A. On public and private property at any corner formed by intersecting streets, it shall be unlawful to construct, install, set out or maintain or to allow the construction, installation, setting out or maintenance of, any building, structure, sign, hedge, shrubbery, natural growth or other obstruction to the view higher than three (3') feet above the level of a plane established by the existing or proposed curb grade within the triangular area. B. To illustrate the operation of these provisions, the shaded spaces on that certain diagram entitled, "Diagram Showing Typical Corners," which is on file in the office of the City Clerk, show the area 4

5 to be kept clear for corner visibility. Said diagram is hereby referred to and by this reference is hereby expressly incorporated herein and made a part of this chapter. Section Exceptions. The provisions of this chapter shall not apply to the following: A. Buildings on properties located within the boundaries of Area District III and IV as defined and shown in Chapter 3 of Title 10 of this Code. B. Public utility poles and guy wires, and trees trimmed to the trunk to a point seven (7') feet above the curb grade at the intersection. C. Official traffic control signs or signals. D. Buildings in existence at the time of adoption of this section, provided that when such building is destroyed to an extent that the cost of repair would exceed fifty (50 %) percent of its value, such building be reconstructed so as to be in compliance with the provisions of this chapter. E. Places where the natural contour of the ground is such that there can be no cross-visibility at the intersection. F. Existing retaining walls. Section Appeals. In the event that any person does not agree with the order of the Director of Community Development in his enforcement of the provisions of this chapter, or feels that there are special circumstances applicable to his property that should allow a deviation from the provisions of this chapter, such person shall have the right of appeal to the Public Works Commission which shall have the power to approve or deny such a deviation based upon the facts presented. Any action of the Public Works Commission shall be by resolution subject to further appeal to the City Council. No public hearings shall be required for consideration of these matters. 5

6 MBMC Chapter Nonconforming Uses and Structures Note: Fence may be of open or solid design Section Continuation and maintenance D. Routine maintenance and repairs may be performed on a structure, the use of which is nonconforming; and on a nonconforming structure. Exterior nonconforming elements including, but not limited to: stairways, decks, balconies, chimneys, fences, and retaining walls may be replaced in their entirety, if, upon finding in a report prepared by a State of California licensed civil engineer, that, due to a deteriorated condition, such structures are unsafe, and routine repair is infeasible. 8/01 G:\Planning\Counter Handouts\Fences and walls handout composite.doc 6

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