Before You Build in Cupertino, CA: Permit & Rule Checklist (2026)

Cupertino requires written approval from adjacent property owners before building an 8-foot fence where a 6-foot fence is otherwise allowed. Fence Exception applications trigger mailed notice to abutting and surrounding owners, and California's shared-fence cost-sharing law also applies.

Standard fences up to 6 feet in Cupertino generally need no discretionary approval, but an 8-foot fence requires a building permit plus written neighbor consent. Fences over 10 feet, taller-than-allowed fences, and driveway gates require a Fence Exception from the Design Review Committee.

Cupertino caps residential fences at 3 feet in the front yard setback and 6 feet in side and rear yard setbacks. An 8-foot fence is allowed where 6 feet is permitted with a building permit and written neighbor approval. Fences over 10 feet require a Fence Exception.

Retaining walls in Cupertino are regulated separately from fences and generally require a building permit. In hillside areas, retaining walls facing downhill slopes should be staggered to keep exposed heights at 5 feet or less and be screened with landscaping. A fence added atop a wall counts toward fence height.

Cupertino's fence chapter sets height and location standards but leaves most material choices to the owner, except that barbed, razor, and electrified fencing are banned. In design-review zones the Design Review Committee approves materials, and buffer fences between commercial and residential zones must provide acoustic and visual privacy.

Pool barriers in Cupertino follow California's statewide Swimming Pool Safety Act. An enclosure isolating the pool must be at least 60 inches high, have no gaps a 4-inch sphere can pass, and gates that open outward and are self-closing and self-latching.

When a permit is issued for a new or remodeled pool or spa, California law requires at least two of seven approved drowning-prevention features, such as an isolating enclosure, safety cover, alarms, or self-closing self-latching doors. Cupertino applies this at permit issuance.

Cupertino requires a building permit to construct or remodel a swimming pool or spa. The city has adopted the 2022 California Building Code under Municipal Code Section 16.04.010, and pool work is reviewed and inspected by the Building Division for structural, electrical, and plumbing compliance.

Cupertino has no separate above-ground pool ordinance. Above-ground pools are treated under the adopted California Building Code and the state Swimming Pool Safety Act, and deeper pools require a building permit, barrier isolation, and drowning-prevention features.

Hot tubs and spas in Cupertino are regulated under the adopted 2022 California Building Code and the state Swimming Pool Safety Act. Permanent spas need a building permit, and the drowning-prevention and barrier rules apply, though a lockable safety cover can serve as one feature.

Cupertino allows converting a garage or accessory structure into an accessory dwelling unit under Municipal Code Chapter 19.112, and no replacement parking is required when covered parking is removed for an ADU. A building permit is required to confirm the converted space meets dwelling standards.

Cupertino permits accessory dwelling units (ADUs) on lots in any residential or mixed-use residential district under Municipal Code Chapter 19.112. Conforming ADUs are approved ministerially, and standard ADUs carry no owner-occupancy requirement, consistent with California ADU law (Government Code Sections 66310 to 66342).

Sheds and other detached accessory structures in Cupertino are regulated as accessory structures under Municipal Code Chapter 19.100 and must meet setback, height, and size standards. Structures over 120 square feet generally require a building permit under the adopted California Building Code.

Carports in Cupertino are regulated as accessory structures under Municipal Code Chapter 19.100 and must meet the setback and height standards of the underlying zoning district. Off-street parking design is governed by Municipal Code Chapter 19.124.

A permanent tiny home on a foundation is treated as an accessory dwelling unit in Cupertino under Municipal Code Chapter 19.112, which allows detached ADUs up to 800 to 1,000 square feet. Movable tiny homes on wheels are not recognized as standalone permanent dwellings.

Open outdoor burning of yard waste and refuse is effectively prohibited in Cupertino. Bay Area Air Quality Management District Regulation 5 bans residential yard-waste burning year-round, and the adopted California Fire Code requires a fire-code-official permit for any allowed open burning.

Cupertino has no separate fire-pit ordinance, so the adopted 2022 California Fire Code governs. Portable outdoor fireplaces cannot be used within 15 feet of a structure or combustible material, and all outdoor fires must be constantly attended with extinguishing equipment ready.

Cupertino prohibits removing any protected tree, heritage or specimen, without first obtaining a tree removal permit under Municipal Code Chapter 14.18. Specimen species like native oaks are protected at ten inches trunk diameter, and removal usually requires planting replacement trees.

In Cupertino, severe pruning of a protected tree, meaning removal of more than one-fourth of its leaf and stem area in any twelve months, is legally treated as a tree removal and requires a permit under Municipal Code Chapter 14.18. Routine light pruning of unprotected trees needs no permit.

Cupertino has permanent water-waste prohibitions under Municipal Code Chapter 15.32, banning runoff, hosing pavement, and un-nozzled hoses. Water is supplied by San Jose Water Company, California Water Service, and the City, and any drought watering-day limits are set by those providers, not the City.