STAFF REPORT
Meeting Date: May 10, 2022
To: Honorable Mayor & City Council
From: Timothea Tway, AICP, City Planner
Ryan Gohlich, AICP, Director of Community Development
Subject: Request by Councilmember Mirisch to Discuss Wall, Fence, and Hedge Height Regulations in the City
Attachments: None
INTRODUCTION
At the request of Councilmember Mirisch, this report provides information about the current city regulations pertaining to wall, fence, and hedge heights. The City Council may wish to use this information to guide a discussion on the regulations and provide staff with direction to work further with the Planning Commission if desired.
BACKGROUND
The City of Beverly Hills Municipal Code (BHMC) regulates the allowable maximum height for walls, fences, and hedges in residential zones of the City. Generally, the heights are regulated based on the zone of a property, as well as the location of a wall, fence or hedge on a property.
The maximum heights are as follows:
Single Family Zones in the Central Area of the City (BHMC 10-3-2420):
• Front Yard: a wall, fence or hedge located in first 20% of front yard can be a maximum of 3 feet tall. If located beyond 20% of the front yard, then the maximum height is 6 feet, but any portion over 3 feet must be “open to public view”
• Side Yards: If a wall, fence, or hedge is located in both a side yard and front yard then the maximum height is six feet, however, any portion over 3 feet must be “open to public view.” If located beyond the front yard, then maximum height is 7 feet, except the portion that is within 5 feet of the rear lot line, and parallel to the lot line can be 8 feet.
Meeting Date: May 10, 2022
• Rear Yard: maximum height for wall, fence, or hedge located solely in rear yard is 8 feet.
Single Family Zones in the Trousdale Estates Area of the City (BHMC 10-3-2616) The regulations for the Trousdale Estates Area of the City are more nuanced than other areas of the City due to the unique topography and view protections that exist in Trousdale Estates. The following is a simplified summary of the general wall, fence, and hedge regulations in Trousdale.
• Front Yard: Maximum height of wall, fence and hedge within the first 20% of the front yard is 3 feet. If located beyond 20% of the front yard, then the maximum height is 6 feet, but any portion over 3 feet must be “open to public view” • Side Yards: The maximum allowable height for that portion of a wall, fence, or hedge located in both a side yard and a front yard shall be 6 feet; provided, however, that any portion of such wall, fence, or hedge that exceeds 3 feet in height shall be open to public view. The maximum allowable height for that portion of a wall, fence, or hedge located in a side yard, but not in a front yard, shall be 7 feet, except that the maximum allowable height shall be 8 feet for such a wall, fence, or hedge located within 5 feet of a rear lot line and parallel to such rear lot line.
• Rear Yard: The maximum allowable height for a fence, wall or hedge located in a rear yard shall be 8 feet.
Single Family Zones in the Hillside Area of the City (BHMC 10-3-2516):
• Front Yard: No wall or fence shall be located within 3 feet of a front lot line or street side lot line. If a wall, fence, or hedge is located between 3 and 10 feet from front lot line then maximum of 3 feet tall. If the wall, fence or hedge is located more than 10 feet from front lot line, but within the front yard, then maximum is 6 feet tall, however, the portion over 3 feet must be “open to public view”
• Side and Rear Yards: for portions of walls, fences, and hedges outside of front and street side yards, maximum height is 7 feet as measured on the side of the wall, fence or hedge furthest from a property line, and 12 feet as measured on the side of the wall, fence or hedge closest to a property line (facing a neighbor).
The term “open to public view” is used in the regulations listed above and is a term defined in the BHMC as: “For any ten foot (10') length of wall, fence, or hedge, the total area of all opaque materials used shall be a maximum of thirty percent (30%) of the area of that ten foot (10') length of wall, fence, or hedge, and the width or position of each opaque element shall not block more than fifty percent (50%) of the open view of the appropriate setback area when viewed perpendicularly to the front plane of the wall, fence, or hedge or through a forty five degree (45°) sweep on any side of the perpendicular. Tree foliage which is located more than eight feet (8') above grade shall be considered open to public view.”
Meeting Date: May 10, 2022
DISCUSSION
More recently, the City has received an influx of inquiries regarding increasing allowable wall, fence, and hedge heights due to security concerns, particularly along rear alleys.
Allowing for taller walls, fences, or hedges could provide for increased security, or the perception of increased security, but could also have potential ramifications regarding aesthetics, neighborhood compatibility, and the open feeling of the community. Given that there are a number of pros and cons associated with modifying wall, fence, and hedge height standards, staff seeks direction from the City Council regarding any potential changes and whether there is a desire to direct the Planning Commission to work on this issue.
FISCAL IMPACT
No fiscal impact anticipated since no legislation or policy changes are recommended at this time.
RECOMMENDATION
Staff recommends that the City Council conduct a study session to discuss the current wall, fence, and hedge regulations in single family areas of the City and provide staff with direction to work with the Planning Commission if desired.
Ryan Gohlich, AICP
Director of Community Development
Approved By