MCA-2024-001 - PC Reso 2024-08 - signedRESOLUTION N0. 2024-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 19.08,
CHAPTER 19.12 AND CHAPTER 19.48 REGARDING FENCES
The Planning Commission recommends that the City Council:
1. Determine that Project is exempt under the requirements of the California Quality Act of
1970, together with reIated State CEQA Guidelines (conectively, IICEQA") because ithasno
potential for resulting in physical change in the environment, either directly or ultimately.
In the event that this Ordinance is found to be a project under CEQA, it is subject to the
CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen
with certainty to have no possibility of a significant effect on the environment. CEQA
applies only to projects which have the potential of causing a significant effect on the
environment. Whereitcanbeseenwithcertaintythatthereisnopossibilitythattheactivity
in question may have a significant effect on the environtnent, the activity is not subject to
CEQA. In this circumstance, the amendments to the City Code would have no or only a de
minimis impact on the environment. The foregoing determination is made by the City
Council in its independent judgment.
2. Adopt the proposed amendments to the Municipal Code as indicated in Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Cupertino this 28th day of May, 2024, by the following roll call vote:
AYES:
NOES:
ABST AIN:
ABSENT:
COMMISSIONERS: Fung, Lindskog, Madhdhipatla, Mistg, Scharf
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
Piu Ghosh
Planning Manager
APPRO
Chair, Planning Commission
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCII., OF THE CITY OF CUPERTINO TO
AMEND MUNICIP AL CODE CHAPTER 19.08, CHAPTER 19.12, AND CHAPTER 19.48
REGARDING FENCES
The City Council of the City of Cupertino finds that:
1. WHEREAS, Cupertino Municipal Code Chapter 19.48 outlines the requirements for fences
in all zones; and
2. WHEREAS, the City Council desires to have objective standards applicable to projects that
are clear and understandable to ensure orderly development; and
3. WHEREAS, the Ordinance amends the City's Municipal Code as set forth in Exhibit A to
clarify the development standards to be applied to fences in an zones; and
4. WHEREAS, the Ordinance is consistent with the City's General Plan and the public health,
safety, convenience, and general welfare; and
5, WHEREAS,intheeventthatthisOrdinanceisfoundtobeaprojectunderCEQA,itissubject
to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be
seen with certainty to have no possibility of a significant effect on the environment. CEQA
applies only to projects which have the potential of causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment, the activity is not subject to
CEQA. In this circumstance, the amendments to the City Code would have no or only a de
minimis impact on the environment. The foregoing determination is made by the City
Council in its independent judgment; and
6. WHEREAS, following necessary public notices given as required by the procedural
ordinances of the City of Cupertino and the Government Code, the Planning Commission
held a public hearing on May 28, 2024 to consider the Ordinance; and
7. WHEREAS, on May 28, 2024, by Resolution 2024-XX, the Planning Commission
recommended on a unanimous vote that the City Council adopt the proposed Municipal
Code Amendment to clarify development standards for fences; and
8, WHEREAS, on , 2024, upon due notice, the City Council has held at least one
public hearing to consider the Municipal Code Amendment; and
9. WHEREAS, the City Council of the City of Cupertino is the decision-making body for this
Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN
AS FOLLOWS:
SECTION 1. Ado tion.
The Cupertino Municipal Code is further amended as set forth in Attachment A.
SECTION 2.
The City Council finds the following as set forth by Municipal Code Sections 19.152.020C and
19.152.030D:
1. That the proposed zoning is in accord with Title 19 of the Municipal Code and the City's
Comprehensive General Plan (Community Vision 2040) and the proposed amendments
are internany consistent with Title 19 of the Municipal Code.
The proposed updates to the Municipal Code do not change any zoning designations, but rather
modify Chapter 19.48 by adding new standards to create consistent requirements for the
implemerttation of the fertce ordinance and updating existing standards to streamline processes and
a(ign regulations with updated state allowances. The proposed amendments do not render existing
provisions of the Municipa( Code inconsistent with those proposed.
2. TheproposedzoningisincompliancewiththeprovisionsoftheCalifomiaEnvironmental
Quality Act (CEQA).
in the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA
exemption contained in CEQA Guidelines section 15061(bX3) because it can be seert with certainty
to have no possibility of a significant effect 07? the environment. CEQA applies only to projects
which have the potential of causing a significant effect on the environment. W7zere it can be seen
with certainty that there is no possibility that the activity in question may have a significant effect
on the environment, the activity is not subject to CEQA. In this circumstance, the amendments to
the City Code would have no or only a de minimis impact on the environment. The foregoing
determination is made by the City Council 7'77 its independent judgment.
3. The site is physicany suitable (including, but not limited to, access, provision of utilities,
compatibility with adjoining land uses, and absence of physical constraints) for the
requested zoning designation(s) and anticipated land use development(s).
Not applicable. The proposed ordinance ame;ndments do not change the zoning designation for any
properties, nor does it change any Land uses allowed. The amendments also do not propose any
physical changes in the ertviro;nment or increased development
4. The proposed zoning win promote orderly development of the City.
By modifying and updati;ng regulations for fences, the ordinance will promote orderly a;nd
consistent implementation of the regulations for development in the City.
5. That the proposed zoning is not detrimental to the health, safety, peace, morals and
general welfare of persons residing or working in the neighborhood of subject parcels.
The proposed ordinance provides regulation to maintain the health, safety, peace, morals and
general welfare of persons residing or working in the neighborhood of subject parcels by providing
regulations and consistent requirements to address the development offences.
6. The proposed amendments are intemally consistent with this title.
All the necessary chapters and sections of Title 19: Zoning have beert amended to ensure interna7
consistency with the proposed regulations
SECTION 3. Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause, and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause, and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, dause, or phrase of this ordinance is held
invalid, or its application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it
would have adopted the remaining provisions of this ordinance irrespective of suchportion, and
further declares its express intent that the remaining portions of this ordinance should remain in
effectaftertheinvalidportionhasbeeneliminated. TotheextenttheprovisionsofthisOrdinance
are substantiany the same as previous provisions of the Cupertino Municipal Code, these
provisions shall be constmed as continuations of those provisions and not as an amendment to
or readoption of the earlier provisions.
SECTION 4. California Environmental Quality Act.
Determine thatProject is exemptunder the requirements of the California Environmental Quality
Act (CEQA) of 1970, and CEQA Guidelines (collectively, IICEQA") subject to the CEQA
exemptioncontainedinCEQA Guidelines section 15061(b)(3) becauseitcanbe seen with certainty
to have no possibility of a significant effect on the environment. CEQA applies only to projects
which have the potential of causing a significant effect on the environment. Where it can be seen
with certainty that there is no possibility that the activity in question may have a significant effect
ontheenvironrnent,theactivityisnotsubjecttoCEQA. Inthiscircumstance,theamendmentsto
the City Code would have no or only a de is impact on the environment. The foregoing
determination is made by the City Council in its independentjudgment.
SECTION 5, Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Gove.t'nment Code
Section 36937.
SECTION 6. Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law. Pursuant to
GovernmentCode Section 36933, a summary of this Ordinancemay be prepared by the City Clerk
and published in lieu of publication of the entire text. The City Clerk shan post in the office of
the City Clerk a certified copy of the full text of the Ordinance listing the names of the City
Council members voting for and against the ordinance.
INTRODUCED this day of , 2023, at a Regular Meeting of the City Council of the
City of Cupertino and ENACTED on the day of 2023, at a Regular Meeting of the
City Council of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABST AIN:
ABSENT:
SIGNED:
Sheila Mohan, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:
Chris Jensen, City Attorney Date
ATT ACHMENT A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO TO AMEND MUNICIP AL CODE CHAPTER 19.08, CHAPTER 19.12 AND
CHAPTER 19.48 REGARDING FENCES
The sections of the Cupertino Municipal Code set forth below are amended or adopted as
fonows:
Text added to existing provisions is shown i;ri bold double-underlined text (e and text to be
deleted in shown in strikethrough (4). Text in existing provisions is not amended or readopted
by this Ordinance. Text in italics is explanatory and is not an ame;ndment to the Code.
1. Amettd Chapter 19.48 Fe;nces to modify or add the following:
19.48.010 Purpose.
19.48.020 Fence Location and Height in All Zones Except Rl, RHS, R2, and R3 (with
up to Four Units) Requiring Deaign Review.
19.48.030 Fence Location and Height for Pro erties Not Requiring Design Review.
19.48.040 Fence Desi n Re uirements.
19.48.040 Roadway and Driveivay Gates.
19.48.050 Proximity of Plants and Fences to Public Streets.
19.48.060 Roadwa and Drivewa Gates.
19.48.0620 Exceptions-Findings.
19.48.0!7qO Temporary Fences for Construction.
19.48.0820 Violation-Penalty.
19.48.090 Prohibited fencca.
* For ztatutory provizionz malcing fcnccz taller than ten fact a nuisance, see Civil Code §
841-4-Prior ordinance history: Ords. 112, 686, 852, 1179, 1630, 1637 and 1777.
19.48.010 - Purpose.
The purpose of this chapter is to regulate the location and height of fence'; and vegetation in
yards of an zoning districts in order to protectthe safety, privacy, andproperty values of residents
and owners of properties within any zoning district of the City, including but not limited to
residential, commercial, offices, institutional, industrial and/or agricultural properties.
19.48.020 - Fence Location and Height 4ev in All Zones Ex
to Four Units Rcquiring Da';ign Review.
A.
R3 with u to four units .
B. The Approval Body for a proposed project shan have the authority to require, approve, or
disapprove fencing plans including location, height, and material'; in all zoncz
rcquiring dc'r,ign review. Where an A Bod ' n id the
Communi Devel en or ' or her d shall hav the authori
approve, or disapprove fencing plans and design.
C. The basic pdesign preview guidelines for the review of fences and wans are as follows:
1. Fence; and walls scparating commercial, industrial, offices, and institutional zones from
residential zones shan be constnicted at a height and with materials designed to:
a. Acoustically isolate part of or all noise emitted by future uses within the commercial,
industrial, offices, or institutional zones. The degree of acoustical isolation shan -be
determined during the dczign review process com I with the standards of Cha ter
10.48.
b. Ensure visual privacy for adjoining residential dwelling units.
2. Fences and wallz zhan be designed in a manner to provide for sight visibility at private
and public street intersections (i.e. corner triangles or any sidewalk sight triangle).
3. Fence design shall be consistent with the standards outlined in this Title for the
applicable zone.
4. Fences meet th ons of an
Guidelines or conce tual develo ment lan.
5. At n
*For sta
19.48.030 - Fence Location and Height for Pro erties Not Requiring Design Review.
Table 19.48.030 sets forth the rules and regulations pertaining to fences in zones on ro erties
where design review is not required. A endix A is a visual re. resentation of the. rovisions of
Section 19.48.030(A)-(0. The Director of Community Development is authorized to
a tiveI make theintentof
Table 19.48.030: Fence Location and Regulations
6-7,foot high-fe 3 foot high-
A. Front Yard Not within required setback areacorner
triangle, or sidewalk sight triangle.
B. Rear Yard Along property line or in required
setback area, except not allowed in anv
corner trian le or sidewalk si ht
AlOng any' property line,
d
in any requirea semacx
areax a COITler
triangle, or sidewalk
C. Side Yard 1. Interior residential lots: Along
property line Or m requlred Sett)aCk
si ht trian le.
area
2. Corner residential lots:
a. Interior side: Along property Iine
or in required setback area
b. Street side:
i. If _,therear property line
adjoins a rear property lineTh
,,___thesetback from __the side
property line; shallbe 5 feet,
ii. If therRear property line
adjoins 4side property line of
a key loth,in addition to i.
above, setback from street
side property line, within 10
feet of adjacent property lines
12feet,
D. Additional
Dzzii1a+;y'zc (rsv
1. Open Fencing (composed of materials which result in a minimum
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Districts and re ulations in Section 19.48.030 A - C :
Residential a. Net lot area < _130,000 sauare feet: Shall n_Not be-limitedb-at
1)vzyot4-:zic ray:+k ay rk * 11 kn riik; rsr4- +y 4-k ts vcsrv** 1 i+: rbtai (' ;y I 0 4 Q n2(ll A i lTal l1 All Cl LIC) VV ILII all Jl lll U Ll Ll l %: L L L 11 IL l %;6 1 11 L?1 ILI All 17 ii -1() *%J %l Ijl / I L/ / -
Avera e Slo e b. Net lot area > _!-30,000 square feet: 5,000 square feet (excluding
Over 20%the principal building) of net lot area may be enclosed with
cri1;rl Taiy>iaa (o'zr;vau'v c**h:tsr* +n 10 dQ n2n{A 1 ITIS
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E. In areas where a seven 7 foot fence is anowed, an up to eight (8) foot high fence can
be constructed, subject to building permit approval and upon receipt of written approval
from adjacent 4property owners.
F, Minor ornamental 1. Shall onl be included in desi n of fences abuttin a stree_t_lot
ent features e. ,line; and
arbor, trellis, entrv 2. Shall be limited to one entrv feature per street frontage; and
gates, light fixtures 3. Must be inco orated into the fence desi n structurall a_
meeting the com onent of the fence and shall not be considered an
reauirements of additional allowance for an accesso structure within re uired
Cha ter 19.102 .setbacks; and
4. Shall be no taller than ei ht 8 feet and shall not exceed a
cumulative area of twent -five 25 s uare feeto and
5. Shall not be located in anv reauired flag lot access area, access
easement, corner triangle, or sidewalk sight triangle; and
6. When viewed from the street, the feature shall be no wider than:
a. Six (6) feet on lots with less than 60 feet of street frontage, or
b. Eight (8) feet on lots with 60 feet or more of street frontage.
G, Notwithstandin_ an. other rovision of this cha ter fences shall not be located in an
future right of way dedication area, and setbacks shall be measured from any planned
future street line, a_s___,determined b the Publi__c___Works De artment.
H. If the Director of Cornrnunity Development determines that a proposed fence is widely
visible to public view and has the potential to create impacts on the visual character of an
area (for example, blocks public views from the valley floor to the hills or an open space
reserve), then the proposed fence shall comply with the requirements in Sections
19.48.030F_D(1)(b) & 19.48.030Fp(2) regardless of lot size.
19.48.040 - Fence Desi n Re uirements.
A. Prohibited Materials.
The following materials shall be considered l'Prohibited Materials" for purposes of this
1. Unless required by law or regulation of the City, State or Federal Government, barbed
' razor ' chicken wire and similar ' m u an or
electrifi fen ' i
2. Fences mad n lasti fabric membranes cl canvas I
uncoated cyclone/chain link, and reed or bamboo with sticks and slats smaller than
four inches in width are prohibited, unless located in areas not visible from public or
adiacent properties.
B. Allowed
lasti vin I
other com
All w includ but are not limited to w
m e. ' bri bl
le safe and commerciall a le materials intended for
stone an
use.
C. Material colors shall be use natural earth tone and/or vegetation colors including natural
hues of brown, green and shades of gray and shall have a reflectivity value of 60 or less.
D. Other materials, except Prohibited Materials, may be allowed if deemed appropriate
through Design Review approval.
E. The area between the back of curb and any fencing shall be landscaped, with a suitable
permanent irrigation system where necessary, or have pervious flatwork, and be
continuousl maintained b the ro e owner.
F. General Maintenance: All fences adiacent to a street, sidewalk, or public right-of-way shall
be continuously maintained free of visible and structural defects.
19.48.050 - Proximity of Plants and Fences to Public Streets.
The proximity of plants and fences to public streets shall be controlled bv the provisions of
Chapter 14.08 of the Municipal Code.
19.48.04QO - Roadway and Driveway Gates.
Roadway and Driveway gates are allowed if they comply with the Fire Department Standard
Details and Specifications for Security Gates for access roadways and driveways and the criteria
in Sections 19.48.969(A)-(0. Roadway and driveway . . gates wet-e-in
existence prior to September 20, 1999, with necessary permits to install them, are permitted to
be3Hlaced ' . All un Ited roadwa and driv tes must com I with the
tions outlined below when laced.
Table 19.48.060: Rciadwa and Drivewa Gate Re ulations
A. _All 1. A drivewav gate meeting all of the followim reauirements mav be
Residential installed sub'ect to buildin ermit a roval:
Districts,
Di,,q,.hxt D'[JC.a. The drivewa ate shall be set back as follows:
nu(epA 11nJ;
i. Interior and Corner Lots: 20 feet or in accordance with Fire
Code standards whichever is lar er and measured from the
front and or street side ro er lines from the future street
line or from the ro e line after ri ht-of-wa dedication
area as determined b the Public Works De artment.
However, in no case shall the drivewav gate be located in
front of the building wall line of a primary structure nearest
to the right of wav;
ii. Fla Lots: 20 feet or in accordance with Fire Code standards
whichever is lar er and measured from the ro ert line
closest to the street, from the future street line, or from the
ro ert line after ri ht-of-wa dedication area as
determined b the Public Works De artment.
b. The drivewa ate shall meet all hei ht re ulations described
in Section 19.48.030a and
c. The drivewa ate shall not be located in an re uired corner
trian le or sidewalk si ht trian lesa and
d. The driveway gate shall not impede required paths of travel for
compliance with the State and Federal law; and
e. No more than one drivewa ate shall be allowed er ro ert a
and
f. The driveway gate opening shall not be wider than 20 feet; and
g. The drivewa ate shall not be located in a drivewa for a side
enterin ara ea and
h. The drivewav gate shall not be located in a manner which
interferes with the re uired o en off-street arkin on a siteo
and
i. The drivewa ate shall meet the fence desi n re uirements
outlined in Section 19.48.040 and shall not make use of
colla sible materials e. . scissor ates a and
i. Drivewa ates shall meet tbe re ulations of an a licab_le
S ecial Area Plan Desi n Guidelines or conce tual
develo ment lana and
k. The Fire De artment shall a rove the lockin mechanism and
location of the ate.
2, A Fence Exception shall be obtained for anv drivewav gates that do
not meet the standards outlined above. These drivewa ates__shall
meet all the followin :
a. The drivewa ate shall be setback a minimum of 20 feet from
the front and/or street side ro ert lines from the future street
line, or from the propertv line after right-of-wav dedication
area as determined bv the Public Works Department,
whichever is reater and not be located on or alon an
ro er linea and
b. The A licant must rovide documented evidence that the
gates are needed for demonstrated securitv and/or
demonstrated safe reasons which would not othemise be
mitigated bv placim, a fence or drivewav gate in a manner
ermitted b the Munici al Codea and
c. The Fire De artment a roves the lockin mechanism and
location of the ate.
B. RHS Zonin 1. Roadwa and Drivewa Gates ma be used to control access to
.private roads and driveways provided that the design of the gate,
includin location dimension and the lockin mechanism are
approved by the Director of Community Development after
consultation with the Fire Department.
C. ____Other 1. A drivewa ate meetin all of the followin re uirements ma be
Develo ment:installed, subiect to Administrative Design Review approval. All
drivewav gates shall:
a. Be setback a minimum of 20 feet from front and/or street side
ro ert lines. However under no circumstances shall the ate
be located closer to the ro er line than the location of the
building wall of the primary building located on the property;
___and
b. Not be located in anv corner triangle or drivewav sight triangle;
and
c. Not be installed in any parking area or portion of parking
facilities designated for commercial, retail parking, and/or
customer serving office,
2. An at-grade drivewav gate shall:
a. Be no taller than seven feet in height;
b. Utilize architecturally decorative and at least 50'/o open
materials; and
c. Secure an open, surface parking lot which is largelv obscured
from views from the ri ht of wa b existin stmctures and
serves a private use (e.g. church, office, multiple-family
develo ment a
3. Drivewa ates for arkin structures and below rade arkin
shall be allowed:
a. When proposed to assure availabilitv of parkim for different
uses e. . se aratin office and residential arkin in a shared
arkin structure'
b. When ro osed to secure access for a sin le rivate usea
4. The drivewa ate is re uired as a condition of a roval of
obtainin federal or state fundin for develo menta
5. The drivewa ate shall meet the fence desi n re uirements
outlined in Section 19.48.040 and shall not make use of colla sible
materials (e.g. scissor gates); and
6. The Fire De artment shall a rove the lockin mechanism and
location of the ate.
7. A Fence Exce tion shall be obtained for an drivewa ates that do
not meet the standards outlined above rior to issuance of
buildin ermits. Roadwa and drivewa ates that do not meet
the standards outlined above ma be a roved throu h a Fence
Exce tion onl if the develo ment can ade uatel 'ustif that the
ro osed ates are needed for demonstrated securi and/or
demonstrated safetv reasons.
Table 19.48.040: Roadway and Driveway Catca
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19.48.050 Proximity of Planta and Fences to Public Strccta.
The proximity of plants and fence', to public street, shall be controlled by the provisions of
Chapter 14.08 of the Municipal Code.
19.48.0620 - Exceptions-Findings.
1/Vhere practical difficulties, unnecessary hardships, or results inconsistent with the purpose and
intent of this chapter result from the strict application of the provisions hereof, exceptions may
be granted as provided in Chapter 19.12, and this section for an zoning districts except the RHS
Zoning District, in which case a Hillside Exception must be obtained in accord with the
requirements of Section 19.40.040 and Section 19.40.070. The Approval Body may grant
for a Fence Etxception onl if all baaed upon the following findings can be made:
A. The literal enforcement of the provisions of this chapter win result in restrictions
inconsistent with the spirit and intent of this chapter and the ro osed develo ment is
othet'wise consistent with the Ci 's General Plan an with e of cha as
described in Section 19.48.010.
B. The granting of the exception win not result in a condition which is materially detrimental
to the public health, safety or welfare or result in a hazardous condition for . edestrian and
vehicular traffic.
C. The exception to be granted is one that will require the least modification of the prescribed
regulation and the minimum variance that will accomplish the purpose.
D. The proposed exception will not reault in a hazardott; condition for pedestrian and
vchicular traffic.
E. The propozcd development ia othcriviac conaiatcnt with the City's General Plan and with
the purpose of this chapter as dcacribcd in Section 19.48.010.
D. When driveway, roadway, and stt'uctured parking gates not meeting allowed standards
are proposed: The proposed development meets the requirements of the Santa Clara Fire
Department and Sheriff's Department, and if security gates are proposed, that attempts are
made to standardize access.
E.When fences and that exceed all le h ' t limitations are o The fence
height for the proposed residential fence is needed to ensure adequate screening and/or
privacy.
19.48.07qO - Temporary Fences for Construction.
A, The G)Building Official may require persons constt'ucting structures in the Gpity to erect
and maintain temporary fences around all or a portion of the constmction site in order to
secure the site from entg by the general public. An such fencin ma onl be erected
d ' tim valid buil " t is '
B. T fences are not to com I with th l
19 48 030 t shall not be located in or sidewalk
C, T fence materials are restricted to non I
constt'uction activities. T fence materials be
and allowed ' outlined in ' 19 040
c clone/chain link fences ma be allowed.
must
with e hibited
ex uncoated
D. All fences ad' t to a 'd lic ri
maintained free of visible and stmctural defects.
19.48.0820 - Violation-Penalty.
Any person who violates the provisions of this chapter shall be guilty of an infraction and upon
conviction thereof shall be punished as provided in Chapter 1.12.
19.48.090 Prohibited Fenccz.
Barbed wire, razor wirg and/or electrified fencing are prohibited unle'; required by law or
regulation of the City, State or Federal Covcrnmcnt.
2. Amettd or add the following definitions in Section 19.08.030 o,f the Municipal Code to read
as follows:
IlAccessory stmcture" means a subordinate structure, the use of which is purely incidental
to that of the main building and which shan not contain living or sleeping quarters.
Examples include a deck, tennis courts, freestandin trellis li ht ost or car shelter. Fences
eight feet or less or minor ornamental en features stmcturall in ted as
fence are excluded.
"Fence" means a man-made stnucture includin wall or a hed e which is designed,
intended or used to protect, defend or obscure the interior property of the owner from the
view, trespass or passage of others upon that property.
"Fence height" means the vertical distance from the highest point of the fence ($
includin post caps) to the lowest ad'oinin natural rade or finish ,ed grade as permitted
throu h an a roved ermit ad,ioining the fence. In a case where the finish grade is
different for each face of the fence, the natural or a roved final grade with the highest
elevation shan be utilized in determining the fence height.
of shmbs or ttaees that form a screen or boun
intended or used to protect, defend or obscure the interior property of the owner from the
view tres ass or , assa e of others u on that ro er
"Residential district," for purposes of the Sign and Fence Ordinances, means the Rl, RHS,
R2, R3, RIC, A, and Al zoning classifications which are consistent with the residential
designation of the Cupertino general plan.
"Sidewalk-site triangle" is a triangular shaped area described in Cupertino Standard
Detail 7-6. (See Appendix C, Cupertino Standard Detail; Sidewalk-84-tel Triangle
(Sidewalk Clearance at Driveway)
3. Amend Section 19.12.030 Approval Authority, to modify the following:
Type of
Permit or
Decision
A, B
Admini-
strative
Review
Arts and
Culture
Commission
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Periodc
Noticing
Radius D
Posted
Site
Notice
Expir-
ation
Date E
Chapter/
Findings
Fence
Exception
s
F ,!S,1 AIL PM 19.12.110/
Adjacent
Yes I year 19.48.0620