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Cupertino, CA Fence Regulations: Fence Permit Requirements (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Design Review required
All zones except R1, RHS, R2, small R3
Citywide height cap
10 feet without a Fence Exception
Reviewer
Approval Body or Community Development Director
Exception process
Section 19.48.070 findings required
Gates
Separate building permit under Section 19.48.060

Summary

Cupertino requires Design Review approval for fences on nearly every zoning district except single-family (R1), hillside residential (RHS), duplex (R2), and small R3 properties. Section 19.48.020 also caps fence height at 10 feet everywhere in the city unless the Approval Body grants a Fence Exception under Section 19.48.070.

Design Review shall be required for projects in all zoning districts except R1, RHS, R2, and R3 (with up to four units). The Approval Body for a proposed project shall have the authority to require, approve, or disapprove fencing plans including location, height, and materials. ... At no point shall fence height exceed 10 feet without a Fence Exception

Full Breakdown

020 sets the permit trigger for most Cupertino fences: Design Review is required for fencing plans, including location, height and materials, on any project in a zoning district other than R1, RHS, R2, or R3 developments of up to four units. Where an Approval Body has not been assigned to review a project, the Director of Community Development or a designee reviews and approves or disapproves the fence design directly. 48 and to preserve visual privacy for the adjoining homes, and every fence design must keep corner triangles and sidewalk sight triangles clear.

Citywide, no fence of any kind may exceed 10 feet without a Fence Exception. 010, that granting it will not create a health, safety, or traffic hazard, and that the exception is the minimum needed to accomplish its purpose; a residential height exception must also show the added height is needed for screening or privacy. 060, so even projects exempt from Design Review can still need a permit before construction starts.

Violations & Fines

A fence built or altered without the Design Review approval required by Section 19.48.020, or one that exceeds 10 feet without an approved Fence Exception under Section 19.48.070, is out of compliance and subject to a correction order from the Community Development Department requiring removal or modification to the approved plans. Gates and taller fences built without the required building permit face the same code-enforcement process as any unpermitted structure.

Frequently Asked Questions

Does every Cupertino fence need Design Review approval?
No. Design Review is required in every zoning district except single-family (R1), hillside residential (RHS), duplex (R2), and R3 developments of up to four units, per Section 19.48.020. Fences on those exempt properties instead follow the height table in Section 19.48.030.
Can a Cupertino fence be taller than 10 feet?
Only with a Fence Exception. Section 19.48.020 caps every fence in the city at 10 feet, and Section 19.48.070 requires the Approval Body to make specific findings, including that the extra height is needed for screening or privacy, before granting an exception.
Do driveway gates need a permit in Cupertino?
Yes. Section 19.48.060 requires a building permit for roadway and driveway gates in addition to any Design Review or Fence Exception approval needed under Section 19.48.020, and gates must meet Fire Department setback and locking-mechanism standards.

Sources & Official References

Other rules in Cupertino

All Cupertino rules

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