CC 06-18-2024
#13
Municipal Code
Amendments
Fences
Presentation
Cupertino City Council
June 18, 2024
MCA-2024-001 – Fence Ordinance
Chapter 19.48 Background
● Fence ordinance last modified in 2011
● Potential to streamline City review
● Updates for consistency with State law and
internal practices/policies
● Minor corrections or edits included
Fence Locations and Height
In R1, RHS, R2, and R3 (up to Four Units)
● Height increased from 6 feet to 7 feet (CBC)
● Minor ornamental entry features allowed
Fence Locations and Height
In RHS, reduced area of non-open fencing from
30,000 sf to 10,000 sf (GP consistency)
Solid Board Fence >75% Open Fence
Design Standards
● Fencing materials identified
● Allowed e.g. engineered plastic, brick
and stone, wood, and wrought iron
● Prohibited e.g. barbed wire and chicken
wire, cloth, and plywood
● Design Review applicability clarified
● Maintenance requirements (i.e. maintain in
good condition)
Roadway and Driveway Gates
● Current standards require a Fence Exception
for all driveway gates
● Proposed standards allow driveway gates in
most zones through Building Permit
● Standards added for location and design of
gates:
● Allow gates on residential properties
setback 20’ or behind building wall line
● Allow gates in other development when
separating private uses and setback
Definitions
● Modified
● “Accessory Structure,”
● “Fence,”
● “Fence Height,”
● “Residential District,” and
● “Sidewalk Site Triangle”
● “Hedge” defined
Planning Commission Summary
● May 28th - Unanimously recommended Council
adopt the ordinance
● Planning staff made minor edits to clarify
standards discussed by Planning Commission
Recommended Actions
Conduct first reading to adopt the ordinance
(Attachment A) to amend:
1. Chapter 19.48, Fences
2. Chapter 19.12, Administration
3. Chapter 19.08, Definitions
Includes finding that the actions are exempt
from CEQA.