Cupertino, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit issuer
- City Engineer
- Application review time
- Complete or denied determination within 7 days
- Approval/denial deadline
- 21 days after application deemed complete
- Work must begin
- Within 90 days of issuance
- Moratorium on new street cuts
- 3 years after resurfacing, absent emergency
- Default charge
- Misdemeanor, or infraction at City Attorney's discretion
Summary
Cupertino requires an encroachment permit from the City Engineer before anyone builds, plants, or places anything in a public right-of-way, including sidewalks and parkways. Unpermitted encroachments are unlawful and can be revoked at any time by the City Engineer.
Except as otherwise provided in this Chapter, it is unlawful for any person to encroach or make or cause to be made any encroachment without first obtaining an encroachment permit from the City Engineer. No use of any right-of-way or any other interest or property pursuant to this chapter shall create or vest in a Permittee any ownership or other interest in the right-of-way, streets or other property or interest of the City. Permits issued in accordance with this chapter may be revoked at any time deemed necessary by the City Engineer.
Full Breakdown
08 governs private use of city rights-of-way, defined broadly to include the surface, air space, and subsurface of streets, sidewalks, parkways, and easements the City holds an interest in. 020 makes it unlawful to encroach, or cause an encroachment, without first obtaining a permit from the City Engineer, and clarifies that a permit never vests any ownership interest in the right-of-way; the City Engineer may revoke a permit at any time deemed necessary. 080, and utility maintenance that requires no excavation. 070). 100). 040). 220, with five business days to correct it after written notice from the City Engineer.
Violations & Fines
Every violation of Chapter 14.08 is a misdemeanor under Section 14.08.230, unless the City Attorney elects in the accusatory pleading to prosecute it as an infraction. Code enforcement officers may issue administrative and infraction citations under Chapters 1.10 and 1.12, and the City Attorney may separately pursue civil abatement or injunctive relief to remove an unlawful encroachment. Permit denials can be appealed under Chapter 1.16 (Section 14.08.240).
Frequently Asked Questions
Do I need a permit to plant landscaping in the parkway strip in Cupertino?
Can the City revoke my encroachment permit after it is issued?
What happens if I cut into a street the City just resurfaced?
Sources & Official References
Other rules in Cupertino
California rules heatmap·Compare Cupertino to another location·View the California sidewalk & pedestrian rules overview
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Encroachment Permits in Nearby Cities
How other cities in Santa Clara County handle encroachment permits.