Fence height rules in Los Gatos, California
In Los Gatos most fences can be 6 feet tall plus 1 foot of lattice (7 feet total), but fences in a required front yard, a street-side yard, or near driveways and corners are limited to 3 feet. In the hillside area the limit is 6 feet with stricter design rules, and taller fences up to 8 feet need a Town exception.
| Max height (general) | 6 ft + 1 ft lattice (7 ft total) [1] |
| Max height, front yard / street-side yard | 3 feet [2] |
| Corner sight triangle | 30-ft sides from intersecting property lines; 3-ft limit [3] |
| Driveway view area | 10-ft triangle; 3-ft limit [4] |
| Hillside area max | 6 feet [5] |
| Vehicular gate setback | 18 ft from street edge [8] |
| Riparian corridor | No fence within 20 ft [7] |
| Side/rear fence by exception | Up to 8 feet (interior lots) [9] |
Height limits
Town-wide, fences, walls, gates and hedges can be up to 6 feet, with 1 foot of lattice on top for a 7-foot total [1]. Within a required front yard, a side yard abutting a street, a driveway view area, a traffic view area or a corner sight triangle, the limit drops to 3 feet unless the Town Engineer and Community Development Director grant an exception [2]. A corner sight triangle has 30-foot sides measured from the intersecting property lines [3], a driveway view area is a 10-foot triangle where a driveway meets the sidewalk or street [4], and a traffic view area is anything within 15 feet of a street and 200 feet of an intersection [10]. One pedestrian gateway or entry arbor per street frontage may be 8 feet high.
Hillside area
In the hillside area fences are capped at 6 feet with no lattice bonus [5]. Fences within 20 feet of a street property line must be open view, chain link or wire must be coated green, brown or black on a wood frame, and solid, double and buck-and-rail fences are banned. On lots of an acre or more, perimeter fences must be wildlife-friendly (42 inches maximum, 18 inches clear at the bottom).
Materials and location
Barbed or razor wire [6], electric fences, bare wire between posts and glass or clear plastic fences are prohibited everywhere. No fence may be within 20 feet of a riparian corridor [7] or in an emergency egress easement, and vehicular gates must be set back 18 feet from the street edge [8]. In the historic preservation overlay, plastic fencing is banned and front-yard fences must be open view.
Exceptions and existing fences
The Community Development Director can grant exceptions with an application and fee, for example side and rear fences up to 8 feet on interior lots when you document a privacy or wildlife problem [9], or 8-foot fences next to commercial property. Fences that existed when the 2019 rules took effect are nonconforming and may be maintained or replaced in kind [11].
Permits
The fence regulations we reviewed don't say whether a building permit is needed for a fence within these limits.
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Next steps
- Find your required front and street-side yard depths for your zone, and check whether your lot is in the hillside area or near a riparian corridor.
- Keep fences within 3 feet near the street, driveways and corners and within 7 feet (6 feet in the hillside area) elsewhere.
- For anything taller or otherwise out of compliance, file a fence exception application and fee with the Community Development Department, with written justification.
- Ask the Building Division (408-354-6876) whether your fence or wall needs a building permit.
Common questions
- How tall can a fence be in Los Gatos, California?
- Most fences can be 6 feet tall plus 1 foot of lattice (7 feet total). In the hillside area the limit is 6 feet with stricter design rules.
- How tall can a front yard fence be in Los Gatos, California?
- Fences in a required front yard, a street-side yard, or near driveways and corners are limited to 3 feet.
- Can I build an 8 foot fence in Los Gatos, California?
- Taller fences up to 8 feet need a Town exception.
- Can I build a fence near a creek in Los Gatos, California?
- No fence is allowed within 20 ft of a riparian corridor.
California state rules on fences
Fence height, location and design are mostly set by your city or county zoning code. A few state rules apply everywhere:
- Building permit: the California Residential Code (R105.2) exempts fences up to 7 feet high from a building permit. Pool barriers are not exempt. Zoning height limits still apply, and many cities cap front-yard fences well below 7 feet. Some cities have amended the exemption.
- Spite fences: under Civil Code §841.4, a fence or fence-like structure that unnecessarily exceeds 10 feet and is maliciously put up or kept to annoy a neighbor is a private nuisance. The neighbor can sue to have it removed.
- Good Neighbor Fence Act (Civil Code §841): since January 1, 2014, neighbors are presumed to share equally the reasonable cost of building, maintaining or replacing a fence between their properties, unless they agree otherwise in writing.
- Before spending money on a shared fence, you must give each neighbor 30 days' written notice. The notice must describe the problem, the proposed fix, the estimated cost, how costs would be shared, and the timeline.
- A neighbor can overcome the presumption in court by showing equal sharing would be unjust, for example because of financial hardship or costs driven by the other owner's aesthetic preferences.
- Pool fences must meet the Swimming Pool Safety Act's barrier standards when used as the pool enclosure (see Pools).
- Coastal zone: a new fence may need a coastal development permit, depending on the local coastal program.
What the ordinance says
- Sec. 29.40.0315(a)(1), Town Code Chapter 29, Article IV, Division 1 - Residential Zones Generally (accessory buildings, fences), p. 1
Fences, walls, gates, or hedges may not exceed six (6) feet in height, with one (1) foot of lattice on top (seven (7) feet high in total); except as provided in subsections (2), (3), and (4) below.
- Sec. 29.40.0315(a)(3), Town Code Chapter 29, Article IV, Division 1 - Residential Zones Generally (accessory buildings, fences), p. 1
Fences, walls, gates, and hedges may not exceed three (3) feet in height when located within a required front or side yard abutting a street (as required by the zone), driveway view area, traffic view area, or corner sight triangle unless an exception is granted by the Town Engineer and Community Development Director.
- Sec. 29.40.0310, Town Code Chapter 29, Article IV, Division 1 - Residential Zones Generally (accessory buildings, fences), p. 1
Corner sight triangle means a triangular area at street intersections having sides thirty (30) feet in length, as measured from intersecting property lines.
- Sec. 29.40.0310, Town Code Chapter 29, Article IV, Division 1 - Residential Zones Generally (accessory buildings, fences), p. 1
Driveway view area means a triangular area at the intersection of driveways and sidewalks and street intersections having sides ten (10) feet in length, as measured along the driveway's path of travel from the back of the sidewalk or street.
- Sec. 29.40.0315(a)(2)a., Town Code Chapter 29, Article IV, Division 1 - Residential Zones Generally (accessory buildings, fences), p. 1
Fences, walls, gates, or hedges may not exceed six (6) feet.
- Sec. 29.40.0315(b)(1)c., Town Code Chapter 29, Article IV, Division 1 - Residential Zones Generally (accessory buildings, fences), p. 1
Barbed or razor wire fences, including any fence with attached barbs, sharp points, or razors.
- Sec. 29.40.0315(c)(2), Town Code Chapter 29, Article IV, Division 1 - Residential Zones Generally (accessory buildings, fences), p. 1
No fence, wall, or gate shall be located within twenty (20) feet of a riparian corridor as defined in section 29.40.0310 .
- Sec. 29.40.0315(c)(3), Town Code Chapter 29, Article IV, Division 1 - Residential Zones Generally (accessory buildings, fences), p. 1
Vehicular gates shall be set back from the edge of the adjacent street a minimum of eighteen (18) feet as measured along the centerline of the driveway.
- Sec. 29.40.0320(b), Town Code Chapter 29, Article IV, Division 1 - Residential Zones Generally (accessory buildings, fences), p. 1
On interior lots, side yard and rear yard fences, walls, gates, gateways, entry arbors, or hedges, behind the front yard setback, may be a maximum of eight (8) feet high provided the property owner can provide written justification that either:
- Sec. 29.40.0310, Town Code Chapter 29, Article IV, Division 1 - Residential Zones Generally (accessory buildings, fences), p. 1
Traffic view area means the area which is within fifteen (15) feet of a street and within two hundred (200) feet of the right-of-way line of an intersection.
- Sec. 29.40.0325, Town Code Chapter 29, Article IV, Division 1 - Residential Zones Generally (accessory buildings, fences), p. 1
Existing nonconforming fences may be maintained and/or replaced in kind, including historic stone or river rock walls.