Chapter 8.332 — FENCES, HEDGES, WALLS, HEIGHT & EXCEPTIONS

Fences, walls and hedges shall be subject to the following regulations, except as provided in Section 8.332.020:

• (a) Fences, walls, and hedges not exceeding four (4) feet in height may occupy any front yard area.

• (b) Fences, walls, and hedges not exceeding six (6) feet in height may occupy any side or rear yard area, provided:

  1. That they do not extend into any required front yard.

  2. That, in the case of a corner lot, they do not extend into the side yard required along a side street or into that portion of the rear yard abutting such side street which is equal to the width of the side yard required on said side street.

• (c) On any parcel of land having a street frontage of one hundred (100) feet or more, and located in any “S” District requiring a minimum building site of twenty thousand (20,000) square feet or more, fences, hedges, or walls not exceeding six (6) feet in height may be erected in any part of the yard area, except as limited by Paragraph (d).

• (d) On any corner lot, the maximum height of fences, walls, hedges, and growth located within fifty (50) feet of the intersected street lines shall not exceed four (4) feet in height; provided that nothing in this section shall prevent any fence, wall, or hedge from occupying any portion of the lot area that a main residence may occupy under the terms of this Part.

• (e) Where trees are located within fifty (50) feet on the intersected street lines, the main trunks of such trees shall be trimmed free of branches to a height of seven and a half (7.5) feet above the curb grade.

(Prior code § 6412, Para. (c); Amd.Ord. 1483, 10/10/1961)

(Prior code § 6412, Para. (a) – Amd. Ord. 2355 - March 9, 1976)

With regard to the height limits set out in Section 8.332.010 whenever there exists an abrupt shift in the height of the land at the boundary line between two different property owners, the lower owner may erect

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

a fence, wall or hedge on the boundary to a height limit set out in Section 8.332.010 and in no event more than twelve (12) feet high.

(Section 6412.1 - Added by Ordinance No. 2355 - March 9, 1976)

No electric or luminous signs containing red or green colors shall be erected within one hundred fifty (150) feet of an intersection containing stop lights without securing a use permit as specified in Chapter 8.280 of this Ordinance Code.

On parcels located outside the Coastal Zone, the Director of Planning and Building may approve an exception to allow fences or hedges to exceed the height limits set forth in Section 8.332.010 by up to two (2) feet, providing that:

• (1) Written notification of the exception request is sent to all owners of property located within 300 feet of the parcel where the fence or hedge is proposed to be placed, and to any member of the public requesting such notification, and

• (2) Written notification of the exception request is sent to all recognized organizations or associations that have been established to represent the property owners in the neighborhood surrounding the parcel where the fence or hedge is proposed to be placed, and to any organization or association requesting such notification. An organization or association shall be considered recognized if it has been in existence for at least six months, and has scheduled meetings, and

• (3) No member of public nor organization or association has submitted to the Director of Planning and Building written objection to the exception request, and

• (4) After consultation with the Director of Public Works, the Director of Planning and Building finds that approving the exception will not jeopardize public safety, and

• (5) After viewing the parcel where the fence or hedge is proposed, the Director of Planning and Building finds that approving the exception will be compatible with the neighbor-hood surrounding that parcel, and will not be detrimental to the public welfare, and

• (6) The Director of Planning and Building finds that the proposed fence or hedge promotes or enhances good design, site relationships and other aesthetic considerations, in accordance with San Mateo County General Plan Policy 4.14. In order to make this determination, the Director of Planning and Building may condition the exception with certain requirements, including design, location, materials, colors, and landscaping requirements.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

The Director of Planning and Building’s decision on an exception authorized by this section shall not require a public hearing. The Director of Planning and Building’s decision may be appealed to the Planning Commission, within 10 working days of the decision, accompanied by a fee, as set by resolution of the Board of Supervisors.

Appeal : Upon appeal, the Planning Commission, at a public hearing, shall review the Director of Planning and Building’s decision, and may approve an exception, providing all of the following findings can be made:

• (1) Approving the exception will not jeopardize public safety, and

• (2) Approving the exception will be compatible with the neighborhood surrounding the parcel where the fence or hedge would be placed and will not be detrimental to the public welfare, and

• (3) The proposed fence or hedge promotes or enhances good design, site relationships and other aesthetic considerations, in accordance with San Mateo County General Plan Policy 4.14. In order to make this determination, the Planning Commission may condition the exception with certain requirements, including design, location, materials, colors and landscaping requirements.

The decision of the Planning Commission may be appealed to the Board of Supervisors. Appeals to the Board of Supervisors shall be subject to the same procedures and requirements as appeals to the Planning Commission.

Application : Application for the exception authorized by this section shall be made in writing on a form provided by the Planning and Building Division, and accompanied by a fee, as set by resolution of the Board of Supervisors. At minimum, the application shall include a site plan and elevation identifying the location, height, design, material and color of the proposed fence or hedge.

Notice of Administrative Decision : At least ten (10) days prior to the Director of Planning and Building acting on an exception request, written notice of the pending decision shall be sent by first class mail to all owners of property located within 300 feet of the parcel where the fence or hedge is proposed to be placed, and all recognized organizations or associations that have been established to represent the property owners in the neighborhood surrounding the parcel where the fence or hedge is proposed to be placed. Concurrently, written notice shall be prominently posted in the front yard of the parcel where the fence or hedge is proposed to be placed. Written notice shall contain at least the following information:

• (1) The date and time when the decision will be made.

• (2) The name of the property owner and applicant.

• (3) The location of the property where the proposed exception would occur.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

• (4) A short, general description of the proposal, including the fence or hedge location, height, design, material and color.

• (5) A statement that any written objection to the request must be received by the Planning and Building Division before the date and time when the decision will be made.

• (6) The name and address of the staff person who may be contacted for additional information or to file an objection to the request.

Objection : Any objection to the proposed exception shall be received by the Director of Planning and Building in writing before the date and time when the decision will occur.

Notice of Hearing on Appeal : At least ten (10) days prior to the Planning Commission considering an exception request that is under appeal, written notice of the Planning Commission hearing shall be sent by first class mail to the same individuals and organizations who received notice before the Director of Planning and Building’s decision on the proposed exception. Written notice shall contain at least the following information:

• (1) The date and time when the decision will be made.

• (2) The name of the property owner and applicant.

• (3) The location of the property where proposed exception would occur.

• (4) A short, general description of the proposal.

• (5) The name of the staff person who may be contacted for additional information.

(Prior Code § 6412, Para. (c); Amd. Ord.1483,10/10/1961)

(Prior Code § 6412, Para. (a); Amd. Ord 2355 - March 9, 1976)

(Prior Code § 6412.1; Ord. 2355 – 03/09/1976)

(Prior Code § 6412.2; Ord. 3891 – 03/16/1999)

(Prior Code § Amd. Ord. 4158, 02/25/2003)