104-C. Fence Ordinance.pdfCupertino, CA Municipal Code
TITLE 16: BUILDINGS AND CONSTRUCTION
CHAPTER 16.28: FENCES*
CHAPTER 16.28: FENCES*
Section
16.28.010 Purpose.
16.28.020 Definitions.
16.28.030 Fence location and height for zones requiring site review.
16.28.040 Fence location and height for zones not requiring site review.
16.28.045 Roadway and driveway gates.
16.28.050 Proximity of plants and fences to public streets.
16.28.060 Exceptions.
16.28.065 Temporary fences for construction.
16.28.070 Violation —Penalty.
16.28.080 Prohibited fences.
* For statutory provisions making fences taller than ten feet a nuisance, see Civil Code §
841.4. Prior ordinance history: Ords. 112, 686, 852, 1179, 1630, 1637 and 1777.
16.28.010 Purpose.
The purpose of this chapter is to regulate the location and height of fences and vegetation in
yards of all zoning districts in order to protect the safety, privacy, and property 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.
(Ord. 1979, (part), 2006; Ord. 1788, § 1 (part), 1998)
16.28.020 Definitions.
The words and terms used in this chapter shall have the following meanings unless the
context clearly indicates otherwise:
A. "Demonstrated safety" means a condition requiring protection from the threat of
danger, harm, or loss, including but not limited to the steepness of a roadway or driveway that
may create a hazardous parking situation in front of a gate.
B. "Demonstrated security" means a condition requiring protection from the potential
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threat of danger, harm or loss, including but not limited to a location that is isolated and invisible
from public view or that has experienced documented burglary, theft, vandalism or trespassing
incidences.
C. "Fence" means a man-made structure which is designed, intended or used to protect,
defend or obscure the interior property of the owner thereof from the view, trespass or passage of
others upon that property.
D. "Fence height" means the vertical distance from the highest point of the fence
(excluding post caps) to the finish grade adjoining the fence. In a case where the finish grade is
different for each side of the fence, the grade with the highest elevation shall be utilized in
determining the fence height.
E. "Plant" means a vegetative matter
F. "Setback area, required front" means the area extending across the front of the lot
between the front lot line and a line parallel thereto. Front yards shall be measured either by a
line at right angles to the front lot line, or by the radial line in the case of a curved front lot
line. The front of the lot is the narrowest lot line from a public street.
G. "Setback area, required rear" means the area extending across the full width of the lot
between the rear lot line and the nearest line or point of the main building.
H. "Setback area, required side" means the area between the side lot line and the nearest
line of the building, and extending from the front setback line to the rear setback line.
(Ord. 1979, (part), 2006; Ord. 1788, § 1 (part), 1998)
16.28.030 Fence Location and Height for Zones Requiring Site Review.
A. The Design Review Committee, Planning Commission and City Council shall have the
authority to require, approve, or disapprove wall and fencing plans including location, height and
materials in all zones requiring design review.
B. The basic design review guidelines for the review of fences and walls are as follows:
1. Fences and walls separating commercial, industrial, offices, and institutional zones
from residential zones shall be constructed at a height and with materials designed to acoustically
isolate part of or all noise emitted by future uses within the commercial, industrial, offices, or
institutional zones. The degree of acoustical isolation shall be determined during the design
review process.
2. Fences and walls separating commercial, industrial, offices, and institutional zones
from residential zones shall be constructed at a height and with materials designed to ensure
visual privacy for adjoining residential dwelling units. The degree of visual privacy shall be
determined during the review process.
3. Fences and walls shall be designed in a manner to provide for sight visibility at private
and public street intersections.
(Ord. 1979, (part), 2006; Ord. 1844, § 1 (part), 2000; Ord. 1788, § 1 (part), 1998)
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16.28.040 Fence Location and Height for Zones Not Requiring Site Review.
A. In the case of an interior residential lot, a maximum six -foot -high fence shall be
permitted in the rear yard setback area and in the side yard setback areas. A maximum
three -foot -high fence, measured from finish grade, shall be permitted in the front yard setback
area.
B. In the case of a corner residential lot, a maximum six -foot -high fence shall be
permitted in the required rear yard setback area and on the side yard lines, excepting that fence
heights within the side yard setback area adjacent to a public street shall be regulated as
described below. No portion of a fence shall extend into the front yard setback area or forty -foot
corner triangle.
1. Situation in which the rear property line adjoins a rear property line: The minimum
side fence setback line for a six -foot -high fence shall be five feet from the property line.
2. Situation in which the rear property line adjoins the side property line of a key
lot: The minimum side fence setback line shall be five feet from the property line, except that
the setback line within ten feet of an adjacent side property line shall be maintained at twelve
feet.
3. A fence not exceeding three feet in height measured from finish grade can be
constructed on any location within a required yard except the forty -foot corner triangle.
C. Where a six-foot fence is allowed, an eight -foot -high fence can be constructed in lieu
thereof subject to building permit approval and upon receipt of written approval from adjacent
property owners.
D. In the case of parcels zoned residential hillside (RHS) or open space (OS), the fences
shall be governed by Section 19.40.080.
(Ord. 1979, (part), 2006)
16.28.045 Roadway and Driveway Gates.
Roadway and driveway gates may be approved through a fence exception if the development
meets any one of the following conditions: is a mixed -use development, where the parking for
different uses needs to be separated to assure availability of parking for each use; if a
development includes a below -grade parking structure, where the gates are required to secure the
below grade parking; if gates are required for a development to obtain federal or state funding; if
the development is secluded; if the electronic gates are needed for demonstrated security and/or
demonstrated safety reasons; or if the electronic gates were in existence prior to September 20,
1999.
Additionally, roadway and driveway gates in residential areas approved by a fence
exception shall be set back a minimum of 30 feet from the front and/or street side property lines
and shall provided evidence the gates are needed for demonstrated security and/or demonstrated
safety reasons.
All roadway and driveway gates approved by a fence exception shall also be required to
comply with the Fire Department Standard Details and Specifications for Security Gates for
access roadways and driveways.
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(Ord. 1979, (part), 2006; Ord. 1833, 1999; Ord. 1802, (part), 1999)
16.28.050 Proximity of Plants and Fences to Public Streets.
The proximity of plants and fences to public streets shall be controlled by the provisions of
Chapter 14.08 of the Municipal Code.
(Ord. 1979, (part), 2006; Ord. 1788, § 1 (part), 1998)
16.28.060 Exceptions.
Where 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 this section.
A. Application and Fee. Application shall be made in writing to the Design Review
Committee on a form prescribed by the Director of Community Development. The application
shall be accompanied by a fee as prescribed by City Council resolution.
B. Public Hearings. Upon receipt of an application for exception, the Director of
Community Development shall set a time and place for a public hearing before the Design
Review Committee and order the public notice thereof. Mailed written notice of the hearing on
the fence exception shall be given by the Director of Community Development to all owners or
record of real property (as shown in the last assessment roll) which abut the subject property, as
well as property and its abutting properties to the left and right, directly opposite the subject
property and located across a street, way, highway or alley. Mailed notice shall include owners
of property whose only contiguity to the subject site is a single point. Said notice shall be
mailed by first class mail at least ten days prior to the Design Review Committee meeting in
which the application will be considered. The notice shall state the date, time and place of the
hearing. A description of the fence exception shall be included in the notice. If the Director of
Community Development believes the project may have negative effects beyond the range of the
mailed notice, particularly negative effects on nearby residential areas, the Director, in his or her
discretion, may expand noticing beyond the stated requirements.
Compliance with the notice provisions set forth in this section shall constitute a good -faith
effort to provide notice, and failure to provide notice, and the failure of any person to receive
notice, shall not prevent the city from proceeding to consider or to take action with respect to an
application under this chapter.
The Design Review Committee shall hold a public hearing at which time the Committee
may grant the exception based upon the following findings:
1. The literal enforcement of the provisions of this chapter will result in restrictions
inconsistent with the spirit and intent of this chapter.
2. The granting of the exception will not result in a condition which is materially
detrimental to the public health, safety or welfare.
3. 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.
4. The proposed exception will not result in a hazardous condition for pedestrian and
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vehicular traffic.
5. The proposed development is otherwise consistent with the city's General Plan and
with the purpose of this chapter as described in Section 16.28.010.
6. 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.
7. The fence height for the proposed residential fence is needed to ensure adequate
screening and/or privacy.
After closing the public hearing, the Design Review Committee may approve, conditionally
approve or deny the application for exception.
C. Appeals. Any application for exception which received final approval or disapproval
by the Design Review Committee may be appealed to the Planning Commission as provided by
Section 19.136.060 of this code.
(Ord. 1979, (part), 2006; Ord. 1844, § 1 (part), 2000; Ord. 1822, (part), 1999; Ord. 1802, (part),
1999; Ord. 1788, § 1 (part), 1998)
16.28.065 Temporary Fences for Construction.
The Chief Building Official may require persons constructing structures in the city to erect
and maintain temporary fences around all or a portion of the construction site in order to secure
the site from entry by the general public.
(Ord. 1979, (part), 2006; Ord. 1777, (part), 1998)
16.28.070 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.
(Ord. 1979, (part), 2006; Ord. 1788, § 1 (part), 1998)
16.28.080 Prohibited Fences.
Barbed wire, razor wire, and/or electrified fencing are prohibited unless required by law or
regulation of the City, State or Federal Government.
(Ord. 1979, (part), 2006)
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