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Cupertino, CA Landscaping Rules: Tree Trimming (2026)

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

Key Facts

Minimum clearance height
8.5 feet above the right-of-way
Time to remove after notice
5 business days
Notice issued by
City Engineer, in writing
Immediate hazard
City Manager may summarily remove, bill owner
Utility tree work notice
10 working days before tree removal work
Utility trimming permit
Required from City Manager or designee

Summary

Cupertino declares any tree or landscape overhanging the right-of-way with the lowest limb under eight and one half feet a public nuisance, and requires owners to remove the obstruction within five business days of written notice from the City Engineer.

A tree with limbs overhanging the right-of-way, the lowest part of which is less than eight and one half feet above the right-of-way; Landscape overhanging the street, gutter, sidewalk or obstructing any municipal utility facility or fire hydrant ... it is unlawful for the owner or legal occupant having charge or control of the premises to neglect or fail to remove therefrom the obstruction within five business days from the date of the notice.

Full Breakdown

220 addresses the shared responsibility between the City and abutting residents for landscape within the right-of-way, and lists specific conditions the City treats as unlawful nuisances: a tree with limbs overhanging the right-of-way where the lowest part sits less than eight and one half feet above the right-of-way, landscape overhanging the street, gutter, or sidewalk or obstructing a municipal utility facility or fire hydrant, and any landscape that obscures a motorist's or pedestrian's view of intersecting traffic or of traffic control devices. The City Engineer investigates reported obstructions and gives written notice to the responsible property owner or occupant to remove the nuisance, and it becomes unlawful for that owner to fail to clear the obstruction within five business days of the notice.

Where the City Engineer finds an obstruction poses an immediate peril to the public or to traffic, the City Manager may summarily remove it and must then send the owner written notice of the action taken, with removal costs charged to the abutting property owner. 110's nuisance provisions and this same encroachment chapter. 090 requires any public utility to obtain a City Manager permit before trimming, bracing, or removing a tree, must give the Tree/Right of Way Supervisor at least ten working days' notice before any work meeting the definition of tree removal, and must perform all work to International Society of Arboricultural Standards.

Violations & Fines

Failure to clear a noticed obstruction within five business days is itself unlawful under Section 14.08.220, and the City Attorney may maintain a civil action for injunction or abatement to compel removal of the violation, in addition to charging removal costs to the abutting owner. Chapter-wide penalties under Section 14.08.230 make encroachment-chapter violations a misdemeanor, prosecutable as an infraction at the City Attorney's discretion, with administrative and infraction citation authority under Chapters 1.10 and 1.12.

Frequently Asked Questions

How high must tree limbs be trimmed above a Cupertino sidewalk or street?
At least eight and one half feet. Section 14.08.220 declares any tree with limbs over the right-of-way lower than 8.5 feet a public nuisance, alongside landscape that obstructs a fire hydrant, utility facility, or a driver's view of intersecting traffic.
What happens if I do not trim my overhanging tree after Cupertino sends a notice?
You have five business days from the written notice to remove the obstruction under Section 14.08.220. If you do not, the City Attorney may bring a civil action for abatement or injunction, and if the tree poses an immediate hazard the City Manager can remove it summarily and bill you for the cost.
Do utility companies need a permit to trim trees near power lines in Cupertino?
Yes. Section 14.12.090 requires any public utility to obtain a permit from the City Manager before trimming, bracing, or removing a public tree, and to give the Tree/Right of Way Supervisor at least ten working days' notice before any work that would remove a tree.

Sources & Official References

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