Chapter 19.28 — SINGLE-FAMILY RESIDENTIAL (R-1) ZONES
Cupertino Zoning Code · 2026-06 edition · ingested 2026-07-06 · Cupertino
19.28.010 Purposes. ¶
R-1 single-family residence districts are intended to create, preserve and enhance areas suitable for detached dwellings in order to:
Enhance the identity of residential neighborhoods;
Ensure provision of light, air and a reasonable level of privacy to individual residential parcels;
Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods; and Reinforce the predominantly low-intensity setting in the community.
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 1868, (part), 2001; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992)
19.28.020 Applicability of Regulations. ¶
No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in an R-1 single-family residence district other than in conformance with the provisions of this chapter and other applicable provisions of this title.
Reasonable Accommodation: Notwithstanding 19.28.020(A) above, a request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19.52.
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992)
19.28.030 Permitted, Conditional and Excluded Uses.
Permitted, Conditional and Excluded Uses that may be conducted from property zoned Single Family Residential (R-1), are identified in Section 19.20.020.
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011)
19.28.040 Permits Required for Development. ¶
Table 19.28.040 sets forth the planning permits required for development in the SingleFamily Residential district.
Table 19.28.040 Permits Required
| Planning permit required prior to building permit applicaton |
Approval authority |
Type of Project | |||
|---|---|---|---|---|---|
| A. None | Admin | Single-family projects that do not require excepton or variance from the requirements of this ordinance |
|||
| B. Minor Residental Permit, pursuant to Chapter 19.12, Administraton |
Admin | 1. One-story single-family encroachment into a required rear yard setback, subject to requirements of Secton 19.28.070 2. One-story extension of an existng side yard nonconforming building wall line, subject to requirements of Secton 19.28.100 in all districts except R1-a 3. One-story project with a gable end of a roof enclosing an atc space projectng outside the building envelope, subject to requirements of Secton 19.28.070 or 19.28.080 4. New or expanded second story deck or balcony with views into neighboring residental side or rear yards in all districts except R1-a or on any project previously developed pursuant to Government Code Secton 65852.21 5. Any actve or passive solar structure that requires variaton from the setback or height restrictons of this chapter, provided that no such structure shall infringe upon solar easements or adjoining property owners 6. One or two-story additon or new home on a sloped single-family residental lot with development on building pads/graded areas with actual slopes equal to or greater than 20% and with total foor area rato of all structures on the lot greater than 35% |
|||
| C. Director’s Minor Modifcaton, pursuant to Chapter 19.12, Administraton |
Admin | Encroachment of porch elements into the required front yard setback in the R1-a zone, subject to the requirements of Secton 19.28.100 |
|||
| D. Residental Design Review, pursuant to Chapter 19.12, Administraton |
Admin. with design review |
Two-story additon or new two-story home in all districts except R1-a where: 1. Second foor to frst foor area rato is greater than 66%, except any second to frst foor rato for development on building pads/graded areas with actual slopes equal to or greater than 20%; and/or 2. Where second story side yard setback(s) are less than 15 feet to any interior side property line |
|||
| PC | Two-story additon, new two-story home, and/or second story deck in the R1-a zone |
||||
| Planning permit required prior to building permit applicaton |
Approval authority |
Type of Project | |||
| --- | --- | --- | --- | --- | --- |
| E. Excepton, pursuant to Chapter 19.12, Administraton & Secton 19.28.130 , Exceptons |
PC | One or two-story project requestng an excepton from Sectons 19.28.070 [Development Regulatons (Building)], 19.28.080 [Eichler R1-e Building Design Requirements], and/or 19.28.110 [Landscape Requirements]. |
|||
| F. Hillside Excepton, pursuant to Chapter 19.12, Administraton |
Development (area greater than 500 square feet) on slopes greater than 30% |
||||
| G. Architectural and Site Approval, pursuant to Chapter 19.12, Administraton |
One or two-story additon or new home on a sloped single-family residental lot with development on building pads/graded areas with actual slopes equal to or greater than 20% and where the cut plus fll of the site exceeds 2,500 cubic yards |
||||
| H. Conditonal Use Permit, pursuant to Chapter 19.12, Administraton |
Two-story additon or new two-story home in an R1 zoning district with an “i” sufx |
||||
| I. Single-Story Overlay Applicaton, pursuant to Chapter 19.12, District Administraton |
CC | Establishment or removal of a Single-Story Overlay District in a Single Family Residental District (Additon or removal of the “I” sufx in an R1 zoning district) |
|||
| J. Miscellaneous Ministerial Permit |
Admin | 1. New one or two-story duplex project in an R-1 zoning district pursuant to Government Code Secton 65852.21 2. New one or two-story single family home or secondary principal dwelling unit, or two story additon in an R1 zoing district pursuant to Government Code Seton 65852.21 |
|||
| K. Conditonal Use Permit pursuant to Chapter 19.12, Administraton |
Admin | Duplex developments in a single structure on corner lots or on propertes where the adjacent property (1) fronts an arterial or major collector and (2) is zoned and currently used for commercial or mixed-use development. 1. All units shall comply with Secton 19.32.060, Building Development Regulatons for Residental Duplex (R-2) are subject to a lot coverage of 50%, a foor area rato of 65%, parking standards per the underlying R1 zone, and interior side yard setback standards for R1-5 zones. 2. Combined with two atached and/or detached ADUs, a maximum of four units are allowed. 3. Units located on property with an “i” or “e” sufx afer the R1 designaton are also subject to the respectve overlay standards. 4. Units located on parcels zoned R1-a shall meet the required front setbacks for R1-a zoning district. Units on parcels where the zoning map identfes a diferent front setback shall meet the required front setback. |
(Ord. 23-2247, § 1 (part), 2023; Ord. 22-2246, § III (part), 2022; Ord. 21-2235, § 3.8, 2021; Ord. 22-2238, § 3.8, 2022; Ord. 17-2162, § 6, 2017; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 23-2254, Att. A (part), 2023; Ord. 24-2261, § 1 (part), 2024)
19.28.050 Zoning Districts Established.
Table 19.28.050 sets forth the zoning districts established.
| Zoning Designaton |
Zoning Defniton | ||
|---|---|---|---|
| R1-X | Single Family Residental District - Minimum lot area corresponds to the number (X), multplied by 1,000 square feet |
||
| R1-Xi | Residental Single Family Single-Story Overlay District to limit homes to One Story (not to exceed 18 feet high) - [minimum lot area corresponds to the number (X), multplied by 1,000 square feet preceding the ‘i’ symbol]. May be combined with all R1 zoning designatons. |
||
| R1-6e | Single Family Residental Eichler District (6,000 minimum lot area) |
||
| R1-a | Single Family Residental District with Semi-Rural Characteristcs (10,000 square foot minimum lot area) |
Establishment or Removal of an existing Single-Story Overlay District (R1-Xi): In addition to the application requirements identified in Section 19.12.080, the applicant shall submit the following:
Map delineating proposed boundaries for the Single-Story Overlay District, or removal thereof, corresponding to natural or man-made features (including, but not limited to, streets, waterways, zoning boundaries and similar features,) which would result in the establishment of an identifiable neighborhood, that includes one (1) or more entire city block(s), or one (1) or more entire subdivision tract(s), or street face(s) opposite of one another within a block; Evidence, to the satisfaction of the City, for an establishment of a Single-Story Overlay, that a minimum of seventy-five (75) percent of the homes within the proposed Single-Story Overlay District are single-story;
A written statement setting forth the reasons for the application and all facts relied upon by the applicant in support thereof;
Original application petition signed, at a minimum, by sixty-six and two-thirds (66-2/3) percent of the property owners of record within the proposed or existing Single-Story Overlay District (each developable lot of record shall have one (1) signature). The petition shall contain information about the proposal including, but not be limited to, the following:
Map pursuant to Section 19.28.050(B)(1);
Property Addresses; Property Owner Name(s) and Original Signature(s); Applicant Contact Information.
(Ord. 17-2162, § 7, 2017; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011)
19.28.060 Site Development Regulations. ¶
Table 19.28.060 sets forth the rules and regulations for site development in the Single - Family Residential District.
Table 19.28.060 Site Development Regulations
| R1-5 | R1-6, 7.5, 8, 10, 20, etc., and R1-6e | R1-a | |||||
|---|---|---|---|---|---|---|---|
| A. Minimum net lot area1 |
i. 5,000 square feet | ii. the number multplied by 1,000 square feet |
iii.10,000 square feet | ||||
| iv. For lots created under the provisions of GovernmentCode Secton 64411.7, each of the resultng lots shall have a lot area of at least 40% of the original lot being subdivided, with no lots less than 1,200 square feet. |
|||||||
| R1-5 | R1-6, 7.5, 8, 10, 20, etc., and R1-6e | ||||||
| --- | --- | --- | --- | --- | --- | --- | --- |
| B. Minimum lot width (at the front setback line) |
i. 50 feet | ii. 60 feet | |||||
| C. Landscaping |
i. See Chapter 14.15, Landscape Ordinance ii. At least 50% of the front yard of any project approved pursuant to Chapter 19.28.150 shall be occupied by non- hardscape landscaping |
||||||
| D. Development | proposed on building pads/graded area with slopes equal to | ||||||
| 1. Total site grading (cut plus fll)2,3 |
i. 2,500 cubic yards maximum. ii. Projects that exceed the maximum quantty shall require Architectural and Site Approval per Secton 19.28.040(G). iii. Total site grading shall be limited to 2,500 cubic yards for the entre site as calculated prior to subdivision. iv. Flat yard area created by grading areas that are sloped more than 10% shall be limited to 2,500 square feet, not including the driveway, as calculated prior to any subdivision. |
||||||
| 2. Fences |
See Chapter 19.48, Fence Ordinance | ||||||
| E. Development on propertes with an average slope greater than 10% shall comply with Sectons 19.40.050 (F), (G), and (I) and Sectons 19.40.060(E), (H), (I) and (J). |
|||||||
| F. Development (structures, improvements, or grading) | |||||||
| 1. On actual slopes ≥ 30% |
i. Limited to 500 square feet and subject to the requirements of Sectons 19.40.050 (F), (G), and (I) and Sectons 19.40.060 (E), (H), (I) and (J). ii. Development greater than 500 square feet shall be subject to a Hillside Excepton by the Planning Commission in accordance with secton 19.40.080 of the RHS Ordinance. iii. In all cases, the following shall apply: a. Change in grade elevaton shall be limited to the minimum extent necessary to ensure adequate drainage and access as demonstrated by a grading and drainage plan prepared by a registered civil engineer. b. Split level designs shall be used to avoid additonal change in grade elevaton. c. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the existng grading and drainage patern of the site. d. Unless required by the City Engineer, development shall not result in a fnished foor more than 36 inches above fnished grade. |
||||||
| R1-5 | R1-6, 7.5, 8, 10, 20, etc., and R1-6e | ||||||
| --- | --- | --- | --- | --- | --- | --- | --- |
| G. On-site improvements |
All propertes shall provide a 4.5 foot wide pathway, a 4.5 foot wide plantng strip, curb and guter, curb cut, AC pavement, and underground utlites at the street as follows: 1. Detached pathway when a property on either side of the subject property has a detached pathway; 2. Monolithic pathway when a property on either side of the subject property has a monolithic pathway 3. When propertes on either side of the subject property do not have a pathway, a pathway that matches the pre-dominant patern of pathways on the street, as determined by the City Engineer, shall be provided, unless the subject property has a “semi-rural” designaton adopted by City Council resoluton. 4. The City Engineer shall adopt any objectve standard necessary to implement the requirements of this paragraph. |
||||||
| H. Curb Cuts | 1. For interior lots with a street frontage of 35 feet or less, no more than a one- car-wide curb cut shall be permited. A distance of at least 22 feet shall be provided between two, one-car-wide curb cuts, else, a shared driveway with, no more than a two-car curb cut may be provided. 2. Unless subject to subsecton (3) below, for interior or pieshaped lots with a street frontage of more than 35 feet: a maximum of a two-car curb cut is permited provided a distance of at least 22 feet is provided between existng and proposed driveway fares, else the curb cut shall be limited to a one-car curb cut. 3. When a subdivision results in a fag lot, the two resultng lots shall share vehicular access of of the access area of the resultng fag lot, unless one of the lots is an interior lot with at least 50 feet of street frontage. A maximum two-car curb cut is permited at the right-of-way. No other curb cuts shall be permited. 4. Where a shared driveway (not through a fag lot) is proposed: i. No additonal curb cuts shall be permited. ii. 50% of the width of the shared driveway curb cut shall be on each property. iii. A maximum two-car curb cut shall be permited. 5. On lots where an existng residence is retained on the site of a subdivision, an existng curb cut of not more than 18 feet in width may remain when providing exclusive access to the existng residence. 6. A maximum 18’ wide car curb cut is allowed when a two-car curb cut is permited. 7. A maximum 12’ wide curb cut is allowed when a one-car curb cut is permited. |
| R1-5 | R1-6, 7.5, 8, 10, 20, etc., and R1-6e | R1-a | |||||
|---|---|---|---|---|---|---|---|
| I Driveways | 1. When a subdivision results in a fag lot, the access area shall be a minimum of 20 feet and a maximum of 25 feet in width, comprising a minimum 16-foot drive aisle and a minimum 2-foot-wide landscaping planter on either side. 2. Where shared driveway access through a fag lot is required and would provide access to new development, the driveway access for the front lot shall be located in the rear 50% of the property. 3. A one-car driveway shall be a minimum of 10 feet in width and a maximum of 12 feet in width. 4. A two-car driveway shall be a maximum of 20 feet in width. Any third or more driveway spaces shall be in tandem. 5. Subparagraphs 3 and 4 do not apply to the fag lot access area. 6. When shared access is proposed, a covenant, necessary for appropriate ingress and egress easements, shall be recorded prior to fnal parcel map recordaton. 7. A maintenance agreement shall be recorded to ensure shared maintenance of any shared access easements, stormwater treatment, landscaping, and private utlites, prior to fnal parcel map recordaton. |
||||||
| J. Easement and Covenants |
1. Utlity easements shall be recorded prior to fnal parcel map recordaton. 2. A covenant necessary for maintenance of stormwater treatment facilites shall be recorded prior to fnal map recordaton. |
||||||
| K. Public Improvements |
If no dedicaton was required for the creaton of a lot, any future development project shall include a dedicaton to accommodate the predominant public right- of-way, as determined by the City Engineer, abutng the corresponding lot line |
||||||
R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a and frontage improvements, including curb, gutter and sidewalk, which shall be installed by the applicant at his or her expense. L. Private Each unit must provide at least 15% of the unit floor area as private open space on the first floor, with no dimension less than 10 feet. Private open space shall Open Space not be located in the required front yard setback area. Notes: 1. Lots, which contain less area than required by its zoning designation, but not less than 5,000 square feet, may nevertheless be used as building sites, provided that all other applicable requirements of this title are fulfilled.
open space on the first floor, with no dimension less than 10 feet. Private open space shall Open Space not be located in the required front yard setback area. Notes: 1. Lots, which contain less area than required by its zoning designation, but not less than 5,000 square feet, may nevertheless be used as building sites, provided that all other applicable requirements of this title are fulfilled.
- Maximum grading quantity includes grading for the building pad, yard areas, driveway, and all other areas requiring grading, but does not include basements. The graded area shall be limited to the building pad area to the greatest extent possible. Grading quantities for multiple driveways are divided equally among the participating lots, e.g. two lots sharing a driveway will divide the driveway grading quantity in half. The divided share will be charged against the grading quantity allowed for that lot development. 3. All cut and fill areas shall be rounded to follow the natural contours and planted with landscaping that meets the following requirements: i. A landscape plan shall be prepared that addresses measures to prevent soil erosion and to screen cut and fill slopes. ii. A tree planting plan shall be prepared for the site which will screen grading areas, and residential structures, to the greatest possible extent, as well as to reintroduce trees on barren slopes which were denuded by prior agricultural activities. iii. Landscape improvements shall meet the requirements as established in the Landscape Ordinance, Chapter 14.15.
iv. Landscape improvements shall be installed prior to final occupancy unless such installation is impracticable, in which case, the applicant shall post a bond, cash, or other security to ensure installation within an 18-month period from occupancy. All such landscape areas shall be properly maintained.
(Ord. 22-2246, § III (part), 2022; Ord. 22-2238, § 3.9, 2022; Ord. 21-2235, § 3.9, 2021; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 25-2277, Exh. A (part), 2025)
19.28.070 Building Development Regulations. ¶
Table 19.28.070 sets forth the rules and regulations pertaining to the development of structures on property zoned R1-5, 6, 7.5, 8, 10, 20 etc., and R1-6e in the Single-Family Residential District.
Table 19.28.070 Building Development Regulations
| Table 19.28.070 Building Development Regulatons |
R1-5 | R1-6, 7.5, 8, 10, 20, etc., and R1-6e | |||
|---|---|---|---|---|---|
| A. Maximum lot coverage | 1. 45% of the net lot area, however, a housing development project on a lot having a slope 30% or greater shall not exceed the foor area allowed under Chapter 19.40. a. An additonal 5% is allowed for roof overhangs, patos, porches, and other similar features not enclosed on by walls on at least three (3) sides |
||||
| B. Maximum foor area rato | 1. 45% of the net lot area | ||||
| C. Maximum second to frst foor rato |
1. No limit. See Secton 19.28.040(D)(1) for permitng requirements. Homes subject to design review shall comply with the design review principles in Secton 19.28.110(C). |
||||
| D. Interior areas (measured from the foor to the top of roof rafers) with heights > 16 feet |
1. Floor area shall be double-counted as follows: a. For one-story homes, the foor area shall be double-counted as frst foor area. b. For two-story homes, the foor area shall be counted once each for frst foor and second |
||||
| Table 19.28.070 Building Development Regulatons |
R1-5 |
||||
| --- | --- | --- | --- | --- | --- |
| foor area | . | ||||
| E. Minimum frst foor setbacks | |||||
| 1. Front yard | |||||
| a. Minimum setback |
20 feet | ||||
| b. Side entering garage with curved driveway |
15 feet. No more than two (2) 15-foot setbacks shall occur side by side. |
||||
| c. Three-car garage | For projects with three-car garages oriented to the public right of way, the wall plane of the third space shall be setback a minimum of two (2) feet from the wall plane of the other two (2) spaces. |
||||
| 2. Side yard For lots that have more than two side yards, the setback shall be consistent for all side yards between the front property line and rear property line |
|||||
| a. Interior lot | 5 feet on both sides |
15 feet combined (no side yard setback shall be less than 5 feet) |
|||
| b. Corner lot | |||||
| i. Interior side | 5 feet | ||||
| ii. Street side | 12 feet | ||||
| 3. Rear yard | a. 20 feet i. May be reduced to 10 feet, with a Minor Residental Permit, subject to Chapter 19.12, if, afer the reducton, the usable rear yard area is not less than 20 tmes the lot width as measured from the front setback line. |
||||
| F. Minimum second foor setbacks | |||||
| 1. Front yard | 25 feet | ||||
| 2. Side yard | |||||
| a. Interior Lot | 25 feet combined (no side yard setback shall be less than 10 feet) i. See Secton 19.28.040(D)(2) for permitng requirements. Homes subject to design review shall comply with the design review principles in Secton 19.28.110(C). |
||||
| b. Corner lot | 25 feet combined side yard setback (no side yard setback shall be less than 10 feet) |
||||
| i. Interior Side | 10 feet but not less than 20 feet from the rear property line of an adjacent single family dwelling A. See Secton 19.28.040(D)(2) for permitng requirements. Homes subject to design review shall comply with the design review principles in Secton 19.28.110(C). |
||||
| ii. Street Side | 12 feet | ||||
| c. Flag lot | 20 feet from any property line | ||||
| 3. Rear yard | 25 feet | ||||
| Table 19.28.070 Building Development Regulatons |
R1-5 | ||||
| --- | --- | --- | --- | --- | --- |
| G. Minimum setbacks for second story decks, patos, balconies, or any other similarly unenclosed features. All new or expanded second story decks with views into neighboring residental side or rear yards shall fle for a Minor Residental Permit in accordance with Chapter 19.12, in order to protect the privacy of adjoining propertes. The goal of this permit requirement is not to require complete visual protecton but to address privacy protecton to the greatest extent while stll allowing the constructon and use of an outdoor deck. |
|||||
| 1. Front yard | 20 feet (may encroach up to 3 feet into the required front yard setback) |
||||
| 2. Side yard | 15 feet | ||||
| 3. Rear yard | 20 feet | ||||
| H. Corner triangle | No porton of a structure shall be located within a corner triangle. |
||||
| I. Basements | |||||
| 1. Number, size, and volume of lightwells |
a. Shall be the minimum required by the California Residental Building Code for egress, light, and ventlaton, unless the basement area is counted towards foor area, except that in the case of a single- story house with a basement, one lightwell may be up to 10 feet wide and 10 feet long. |
||||
| 2. Minimum setback for lightwell retaining walls and basements | |||||
| a. Front Yard | Same as underlying zoning district | ||||
| b. Side Yard | 5 feet | ||||
| c. Rear Yard | 10 feet | ||||
| 3. Lightwell railings | Maximum height of three feet, six inches. The railing shall be located immediately adjacent to the lightwell. |
||||
| 4. Lightwell screening | Lightwells that are visible from a public street shall be screened by landscaping. |
||||
| 5. Root barrier measures | The perimeter of all basements and lightwells shall be treated and/or reinforced with the most efectve root barrier measures as determined by an ISA certfed Arborist in conjuncton with recommendatons from a certfed Structural Engineer. |
||||
| J. Maximum height | |||||
| 1. Total principal building height |
28 feet, no more than two stories | ||||
| 2. Zoning Districts with “i” sufx1 |
Limited to one story (not to exceed 18 feet) |
| Table 19.28.070 Building Development Regulatons |
R1-5 | R1-6, 7.5, 8, 10, 20, etc., and R1-6e | |||
|---|---|---|---|---|---|
| 3. First foor and Second Floor building envelopes |
a. The maximum exterior wall height and building height on single-story structures and single-story sectons of two-story structures must ft into the building envelope defned by: i. A 10-foot-high vertcal line from natural grade measured at the property line; and ii. A 25 degree roof line angle projected inward at the 10 foot high line referenced above; b. Notwithstanding the building envelope, a gable end of a roof enclosing an atc space may have a maximum wall height of 17 feet to the peak of the roof as measured from natural grade, or up to 20 feet with a Minor Residental permit subject to Chapter 19.12. |
||||
| Table 19.28.070 Building Development Regulatons |
R1-5 | R1-6, 7.5, 8, 10, 20, etc., and R1-6e | |||
| --- | --- | --- | --- | --- | --- |
| c. Second-story building envelope: All the maximum exterior wall height and building height on two-story sectons of two-story structures must ft into the building envelope defned by: i. A 16-foot-high vertcal line from natural grade measured at the property line; and ii. A 25-degree roof line angle projected inward at the 16-foot-high line referenced above. |
|||||
| 4. Entry feature height | 14 feet from natural grade to top of plate | ||||
| K. Solar Design | The setback and height restrictons provided in this chapter may be varied for a structure utlized for passive or actve solar purposes, provided that no such structure shall infringe upon solar easements or adjoining property owners. Variaton from the setback or height restrictons of this chapter may be allowed only upon issuance of a Minor Residental Permit subject to Chapter 19.12. |
||||
| L. Refuse, recycling, and other containers |
1. A minimum 8-foot by 3-foot space per unit, not visible from the street, shall be provided in an interior yard behind a fence. 2. This area shall not be concurrent with any emergency access pathway required by the Fire Department. |
||||
| M. Outdoor Lightng | 1. Shall comply with the requirements of Chapter 19.102. |
||||
| Note: 1. Pertains to all buildings in a designated area limited to one story in height (not exceeding 18 feet) as prescribed by the City Council by afxing the designaton “i” to the zoning district symbol. |
(Ord. 17-2165, § 9, 2017; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 252277, Exh. A (part), 2025)
19.28.080 Eichler (R1-e) Building Design Requirements. ¶
R1-e single-family residential “Eichler districts” protect a consistent architectural form through the establishment of district site development regulations. Nothing in these regulations is intended to preclude a harmonious two-story home or second story addition.
The following building design requirements shall be met for development in the R1-e district:
Entry features facing the street shall be integrated with the roofline of the house.
The maximum roof slope is 3:12 (rise over run).
Wood or other siding material located on walls facing a public street (not including the garage door) shall incorporate vertical grooves, up to 6 inches apart.
The building design shall incorporate straight architectural lines, rather than curved lines.
The first floor shall be no more than 12 inches above the existing grade.
Exterior walls located adjacent to side yards shall not exceed 9 feet in height measured from the top of the floor to the top of the wall plate.
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011)
19.28.090 Development Regulations(R1-a). ¶
R1-a districts are intended to reinforce the semi-rural setting in neighborhoods with large lots. Variation from the R1-a regulations shall require a Variance pursuant to Chapter 19.156 of the Cupertino Municipal Code in the R1-a district.
Table 19.28.090 sets forth the rules and regulations for building development in the R1-a district.
| Table 19.28.090 Development Regulatons(R1-a) |
R1-a (First foor) | R1-a (Second foor) | |||
|---|---|---|---|---|---|
| A. Maximum lot coverage |
Refer to Secton 19.28.070(A) | ||||
| B. Maximum total foor area rato |
Refer to Secton 19.28.070(B) | ||||
| C. Maximum second to frst foor area rato |
1. 40% of the existng or proposed frst foor area or 750 square feet, whichever is greater, except as follows: a. In no case shall a second foor be more than 1,100 square feet in area |
||||
| D. Interior areas (measured from the foor to the top of roof rafers) with heights > 16 feet |
Refer to Secton 19.28.070(D) | ||||
| E. Minimum setbacks (measured from property line) | |||||
| 1. Front yard | |||||
| a. Minimum setback |
30 feet | 30 feet | |||
| b. Side entering garage with curved driveway |
Refer to Secton 19.28.070(E)(1)(b) | ||||
| 2. Side Yard | |||||
| a. Interior lot | 10 feet both sides | 35 feet combined (no side yard setback shall be less than 15 feet) |
|||
| b. Corner lot | 25 feet combined side yard setback | ||||
| i. Interior side |
10 feet | 15 feet and must not be less than 20 feet from the rear property line of an adjacent single family dwelling |
|||
| ii. Street side |
Refer to Secton 19.28.070(E)(2)(b)(ii) | Refer to Secton 19.28.070(F)(2)(b) (ii) |
|||
| c. Flag lot | 20 feet from any property line | ||||
| 3. Rear yard | 20 feet | 40 feet | |||
| F. Second story design regulatons | |||||
| 1. Second to frst foor wall plane |
The second story shall not cantlever over a frst story wall plane. |
||||
| 2. Front-facing wall plane(s) |
The front-facing wall plane(s) of the second story must be ofset a minimum of 3 feet from the frst story wall plane(s). The intent of this regulaton is to avoid a two story wall plane on the front elevaton. |
||||
| G. Front Yard Paving | 1. No more than 50% of the front yard setback area may be covered with a combinaton of impervious or semi-pervious surfaces. |
||||
| Table 19.28.090 Development Regulatons(R1-a) |
R1-a (First foor) | R1-a (Second foor) | |||
| --- | --- | --- | --- | --- | --- |
| 2. No more than 40% of the front yard setback area may be covered with an impervious surface such as concrete or asphalt. |
|||||
| H. Corner triangle | Refer to Secton 19.28.070(H) | ||||
| I. Basements | |||||
| 1. Number, size, and volume of lightwells |
Refer to secton 19.28.070(I)(1) | ||||
| 2. Minimum setbacks | for lightwell retaining walls | ||||
| a. Side Yard | Refer to Secton 19.28.070(I)(2)(a) | ||||
| b. Rear yard | Refer to Secton 19.28.070(I)(2)(b) | ||||
| 3. Lightwell railings |
Refer to Secton 19.28.070(I)(3) | ||||
| 4. Lightwell screening |
Refer to Secton 19.28.070(I)(4) | ||||
| 5. Root barrier measures |
Refer to Secton 19.28.070(I)(5) | ||||
| J. Maximum height | |||||
| 1. Total principal building height |
Refer to Secton 19.28.070(J)(1) | ||||
| 2. First foor building envelope |
a. The maximum exterior wall height and building height on single-story structures and single-story sectons of two-story structures must ft into the building envelope defned by: i. A 12 foot high vertcal line from natural grade and located 10 feet from property lines; and ii. A 25 degree roof line angle projected inward at the 12 foot high line referenced above |
||||
| 3. Entry feature height |
See Single-Family Residental Design Guidelines, Secton 19.28.110(A)(7) |
||||
| K. Minimum setbacks for second story decks, patos, balconies, or any other similarly unenclosed features. Second story decks may only be located on the front and rear of the house. All new or expanded second story decks with views into neighboring residental side or rear yards shall fle for a Minor Residental Permit in accordance with Chapter 19.12, in order to protect the privacy of adjoining propertes. The goal of this permit requirement is not to require complete visual protecton but to address privacy protecton to the greatest extent while stll allowing the constructon and use of an outdoor deck. |
|||||
| 1. Front of house | |||||
| a. Minimum setback to front property line |
30 feet | ||||
| K. Minimum setbacks for second story decks, patos, balconies, or | any other similarly unenclosed | ||||
| --- | --- | ||||
| features. Second story decks may only be located on the front and rear of the house. All new or expanded second story decks with views into neighboring residental side or rear yards shall fle for a Minor Residental Permit in accordance with Chapter 19.12, in order to protect the privacy of adjoining propertes. The goal of this permit requirement is not to require complete visual protecton but to address privacy protecton to the greatest extent while stll allowing the constructon and use of an |
|||||
| outdoor deck. | |||||
| 1. Front of house | |||||
| a. Minimum | |||||
| setback to | |||||
| front 30 feet |
|||||
| property line | |||||
| Table 19.28.090 Development Regulatons(R1-a) |
R1-a (First foor) | R1-a (Second foor) | |||
| --- | --- | --- | --- | --- | --- |
| b. Minimum setback to side property line |
35 feet combined (no side yard setback shall be less than 15 feet) |
||||
| 2. Rear of house | |||||
| a. Minimum setback to rear property line |
40 feet | ||||
| b. Minimum setback to side property line |
35 feet combined (no side yard setback shall be less than 15 feet) |
||||
| L. Solar Design | Refer to Secton 19.28.070(K) | ||||
| M. Refuse, recycling, and other containers |
1. A minimum of an 8-foot by 3-foot space per unit, not visible from the street, shall be provided in an interior yard, behind a fence. 2. This area shall not be concurrent with any emergency access pathway required by the Fire Department. |
||||
| N. Outdoor Lightng | 1. Shall comply with the requirements of Chapter 19.102. |
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 25-2277, Exh. A (part), 2025)
19.28.100 Permitted Yard Encroachments. ¶
Table 19.28.100 sets forth the rules and regulations for permitted yard encroachments in the Single- Family Residential district.
| Table 19.28.100 Permited Yard Encroachments | Table 19.28.100 Permited Yard Encroachments | |
|---|---|---|
| A. Extension of a legal non- conforming wall line |
Where a building legally constructed according to existng yard and setback regulatons at the tme of constructon, encroaches upon present required yards and setbacks, one encroaching side yard setback may be extended along its existng building lines if the additon receives a Minor Residental Permit1and conforms to the following: The extension or additon may not further encroach into any required setback and the height of the existng non-conforming wall and the extended wall may not be increased. The maximum length of the extension is 15 feet.1 The extension of any wall plane of a frst-story additon is not permited to be within 3 feet of any property line. Only one such extension is permited for the life of such building. This secton applies to the frst story only and shall not be construed to allow the further extension of an encroachment by any building, which is the result of the grantng of a variance or excepton, either before or afer such property becomes part of the City. This secton does not apply to atached accessory structures such as atached carports.2 |
|
| B. Architectural Features (not including pato covers) |
1. May extend into a required yard a distance not exceeding 3 feet. 2. No architectural feature, or combinaton thereof, whether a porton of a principal or accessory structure, may extend closer than 3 feet to any property line. |
|
Table 19.28.100 Permited Yard Encroachments
| Table 19.28.100 Permited Yard Encroachments | Table 19.28.100 Permited Yard Encroachments |
|---|---|
| C. Porch post in the R1-a zone |
Posts for porches are allowed to encroach 2 feet into the required front setback. See Secton 19.28.040 for permit requirements. |
| D. Low, open fencing for porches in the R1- a zone |
Allowed to encroach 2 feet into the required front setback area. See Secton 19.28.040 for permit requirements. |
| E. Porch platorm and roof overhang in the R1-a zone |
May encroach 5 feet into the required front setback. See Secton 19.28.040 for permit requirements. |
| F. Accessory Structures (including atached pato covers) |
As allowed by Chapter 19.100, Accessory Structures |
| Notes: 1. Does not apply in the R1-a zone 2. Only applies to propertes in the R1-a zone |
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011)
19.28.110 Single-Family Residential Design Guidelines and Principles. ¶
Any new single-family residential house or addition to an existing house shall be generally consistent with the adopted single-family residential guidelines in Sections 19.28.110(A) and (B).
Single-Family Residential Design Standards for all projects.1, 2
There shall not be a three-car wide driveway curb cut.
No more than fifty percent of the front elevation of a house shall consist of garage area, unless doing so would result in an area that could not accommodate the minimum required setbacks and enclosed parking area.
The maximum width of a garage on the front elevation shall be twenty-five feet, which will accommodate a two-car garage. Additional garage spaces shall be provided through the use of a tandem garage or a detached accessory structure at the rear of the property.2
Usable living area, not including any architectural feature, porch, or patio, shall be a minimum of two feet closer to the street than the garage, unless a side entering garage with curved driveway is provided or the lot is not wide enough to accommodate living area adjacent to the garage.
All roofs shall have at least a one-foot overhang.
Air conditioning units and similar mechanical equipment such as generators, sump pumps, heating, and ventilation equipment should be ground-mounted and screened from public view, or underground, and shall meet accessory structure setbacks and adhere to the requirements of Chapter 10.48 of the Municipal Code. Mechanical, heating, or cooling equipment or associated piping installed on the roof shall be screened from the public right away, except in R1-e zones where roof top equipment is not allowed.
Porches are encouraged.
In the R1-a zone, the following porch design guidelines apply2:
When viewed from the street, a porch shall appear proportionately greater in width than in height. A porch differs from an entry element, which has a proportionately greater height than its width.
Structural supports shall be designed such that the appearance is not obtrusive or massive.
The use of large columns or pillars is discouraged.
The eave height for a front porch shall not be significantly taller than the eave height of typical single-story elements in the neighborhood.
Porch elements shall have detailing that emphasizes the base and caps for posts and fence elements.
In R1-6e and R1-a zones, entry features shall not be higher than fourteen feet from natural grade to plate.2
All garage doors shall be recessed a minimum of six (6) inches from the surrounding building wall and shall include trim of at least one and a half (1.5) inches in depth.
Where the garage faces the side yard, but is visible from the street, the garage shall incorporate a window on the street front facade so that it appears to be a habitable portion of the house. The window style must be the same as the windows on the habitable dwelling unit(s).
Exterior and/or uncovered stair access shall not be allowed to the second floor.
Except in R1-e zones, the elevation facing a street shall incorporate at least four architectural features, such as bay windows or an entry feature, and/or elements of architectural interest, such as wall insets or offsets, planters, railings, trellises, a combination of roofing elements (e.g., hip and gable roofs), dormers, change in architectural materials, quoins, accent tiles, or a prominent accent window inset greater than six inches. Windowsills, door or window trim, and roofing materials do not count as one of the features.
Gable ends and Dutch gable ends taller than thirty inches shall include at least one element of architectural interest such as:
a wall offset with corbels, brackets, or change in materials;
louvered wood or metal vents;
clay of terracotta tile vents;
accent tile decoration; medallion decoration; metal grille;
a change in architectural materials;
incorporation of corbels;
decorative gable pediments;
eyebrow trellises or pergola structurally attached to the building; or windows/glazing.
Stone veneer or accent materials used as a wainscot on a street facing façade shall be wrapped around to the side façade and end at a logical terminus, such as a fence line or a chimney or at an interior corner. Stone veneer or any other siding material wrapped on columns shall terminate at the floor or ground, as applicable.
Two-Story Design Guidelines.1, 2
The mass and bulk of the design should be reasonably compatible with the predominant neighborhood pattern. New construction should not be disproportionately larger than, or out of scale with, the neighborhood pattern in terms of building forms, roof pitches, eave heights, ridge heights, and entry feature heights.
The design should use vaulted ceilings rather than high exterior walls to achieve higher volume interior spaces.
Long, unarticulated, exposed second story walls should be avoided since it can increase the apparent mass of the second story.
In the R1-a zone, all second story wall heights greater than six feet, as measured from the second story finished floor, should have building wall offsets at least every twenty-four feet, with a minimum four foot depth and
ten foot width. The offsets should comprise the full height of the wall plane.2
The current pattern of side setback and garage orientation in the neighborhood should be maintained.
When possible, doors, windows and architectural elements should be aligned with one another vertically and horizontally and symmetrical in number, size and placement.
In the R1-a zone, windows on the side elevations should2:
Be fixed and obscured to a height of five feet above the second floor;
Have permanent exterior louvers to a height of five feet above the second floor; or
Have sill heights of five feet or greater to mitigate intrusion into a neighbor's privacy.
Residential Design Review Principles. Two-story homes subject to design review per Section 19.28.040(E) (except in R1-a zones) shall meet the residential design review principles below. The City of Cupertino Two-Story Design Principles are attached hereto as Appendix A and are incorporated herein by this reference.
An identifiable architectural style shall be provided;
Design features, proportions and details shall be consistent with the architectural style selected;
Visual relief deemed to be appropriate by the Director of Community Development shall be provided;
Materials shall be of high quality;
Ensure building mass and scale;
Design with architectural integrity on all sides of the structure; and
The design shall reflect symmetry, proportion and balance.
Notes:
1 Refer to the Eichler Design Handbook- Fairgrove Neighborhood for additional design guidelines in the R1-6e zone.
2 Nonconformance with the design guidelines in the R1-a zone shall be considered acceptable only if the applicant shows that there are no adverse impacts from the proposed project.
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 23-2254, Att. A (part), 2023; Ord. 25-2277, Exh. A (part), 2025)
19.28.120 Landscape Requirements. ¶
To mitigate privacy impacts and the visual mass and bulk of new two-story homes and additions, tree and/or shrub planting is required. The intent of this section is to provide substantial screening of views into neighboring residential side or rear yards within three years of planting, in order to protect the privacy of adjoining properties.
Applicability. These requirements shall apply to new two-story homes, secondstory decks, two-story additions, modifications to the existing second-story decks and/or new windows on existing two-story homes that increase privacy impacts on neighboring residents.
These requirements shall not apply to:
Skylights;
Windows with sills more than five feet above the finished second floor;
Obscured, non-openable windows;
Windows with permanent exterior louvers to a height of five feet above the second floor;
Non-operable windows with obscure glass to a height of five feet above the second floor; and
Windows which do not have views into a neighboring side or rear yard or that face a street or a non-residential zoning district; and
When waivers have been obtained from all affected property owners.
Planting Plan. Proposals for a new two-story homes, second-story decks, two-story additions, modifications to the existing second-story decks, and/or new windows on existing two-story homes shall be accompanied by a planting plan which identifies the location, species and canopy diameter of existing and proposed trees or shrubs to meet the requirements in Section 19.28.120(C) below.
Planting Requirements.
Front yard tree planting.
The tree shall be twenty-four-inch box or larger low to moderate water using tree that typically grows to a mature height of more than 30 feet, planted at a minimum height of six feet, as measured from adjacent grade. California native trees are preferred.
The tree shall be planted in front of new second stories in the center 50% of the front yard setback area.
In the R1-a zone, the tree shall be placed to where views from second story windows across the street are partially mitigated.
The Director of Community Development may waive the front yard tree or allow the tree to be planted outside of the center 50% of the front yard setback area based on a report from an internationally-certified arborist citing unavoidable conflict with existing mature tree canopies onsite or in the public right-of-way.
An existing mature tree in the front yard that is or can typically grow to a height of 30 feet or more and is located in the center 50% of the front yard can be used as the front yard tree, subject to an ISA certified arborist certifying that the tree is in good health.
A covenant shall be recorded to identify the front yard tree as a Protected Tree and notifying current and future property owners to retain and maintain the tree in good health.
Privacy Planting.
New trees and/or shrubs are required on the applicant's property in an area bounded by a thirty-degree angle on each side window jamb. and a 180degree angle from each corner of a balcony or second story deck, modified by the angle created between the furthest corner of the balcony or deck and the corresponding corner of the second story portion of the structure, as shown in the City’s Privacy Protection Requirements Handout.
The following is required for all side and rear yard-facing second story windows in the R1-6e zone:
Cover windows with exterior louvers to a height of five feet above the second floor; or
Obscure glass to a height of five feet above the second floor; or
Have a windowsill height of five feet minimum above the finished second floor.
The Planning Division shall maintain a list of allowed privacy planting trees and shrubs. The list includes allowed plant species, minimum size of trees and shrubs, expected canopy or spread size, and planting distance between trees.
In the R1-a zone, the minimum height of privacy trees at the time of planting shall be twelve feet.
In the R1-a zone, privacy planting shall have a minimum setback from the property line equivalent to one-quarter of the spread noted on the
City list.
The trees and/or shrubs shall be planted prior to issuance of a final occupancy permit.
Windows or other openings in the wall with a side yard setback less than 10 feet or a rear yard setback of less than 25 feet shall have a minimum windowsill height of more than five feet or shall have obscure glass and be inoperable with a fixed pane(s).
The minimum planter width required for privacy planting shall be three feet. Emergency access paths shall not be concurrent with areas designated as privacy planting planters.
Waivers.
New trees and/or shrubs are not required to replace existing front or privacy trees or shrubs if an Internationally Certified Arborist or Licensed Landscape Architect verifies that the existing trees/shrubs have the characteristics of privacy planting species, subject to approval by the Director or Community Development.
Affected property owner(s) may choose to allow privacy planting on their own property. In such cases, the applicant must plant the privacy screening prior to issuance of a building permit.
The privacy mitigation measures may be modified in any way with a signed waiver statement from the affected property owner. Modifications can include changes to the number of shrubs or trees, their species or location.
Covenant. The property owner shall record a covenant with the Santa Clara County Recorder's Office that requires the retention of all privacy planting, or use of existing vegetation as privacy planting, and required front yard trees, prior to receiving a final building inspection from the Building Division. This regulation does not apply to situations described in subsection (C)(3)(b) of this section.
Maintenance. The required plants shall be maintained. Landscape planting maintenance includes irrigation, fertilization and pruning as necessary to yield a growth rate expected for a particular species.
Replacement. Where required planting is removed or dies it must be replaced within thirty days with privacy tree(s) of similar size as the tree(s) being replaced, unless it is determined to be infeasible by the Director of Community Development.
(Ord. 16-2149, § 6, 2016; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 252277, Exh. A (part), 2025)
19.28.130 Exceptions. ¶
Where results inconsistent with the purpose and intent of this chapter result from the strict application of the provisions hereof, exceptions to Sections 19.28.070, 19.28.080, and 19.28.110 may be granted by the Planning Commission. The specific procedural requirements shall follow Chapter 19.12.
(Ord. 23-2247, § 1 (part), 2023; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011); Ord. 25-2277, Exh. A (part), 2025)
19.28.140 Findings. ¶
Sections 19.28.140(A), (B), (C), (D), and (E) set forth the findings required for a Minor Residential Permit, Two-Story Permit, Residential Design Review, and R-1 Exception approval.
Minor Residential Permit Findings.
The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinances and the purposes of this title.
The granting of the permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare.
The proposed project is harmonious in scale and design with the general neighborhood.
Adverse visual impacts on adjoining properties have been reasonably mitigated. Residential Design Review Findings.
The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinance and the purposes of this title.
The granting of the permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare.
The project is harmonious in scale and design with the general neighborhood.
The project is consistent with the two-story design principles and generally consistent with the single-family residential design guidelines.
Adverse visual impacts on adjoining properties have been reasonably mitigated.
Residential Design Review Findings, R1-a zone.
The project is consistent with the Cupertino General Plan and Title 19 of the Cupertino Municipal Code.
The granting of this permit will not result in detrimental or injurious conditions to the property or improvements in the vicinity, or to the public health, safety, or welfare.
The project is generally compatible with the established pattern of building forms, building materials, and designs of homes in the neighborhood.
The project is generally compatible with the City's single-family residential design guidelines and the guidelines in this chapter and any inconsistencies have been found to not result in impacts on neighbors.
Significant adverse visual and privacy impacts as viewed from adjoining properties have been mitigated to the maximum extent possible.
R-1 Exception Findings.
The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter.
The proposed development will not be injurious to property or improvements in the area, nor be detrimental to the public safety, health and welfare.
The exception to be granted is one that will require the least modification of the prescribed design regulation and the minimum variance that will accomplish the purpose.
The proposed exception will not result in significant visual impact as viewed from abutting properties.
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 23-2254, Att. A (part), 2023)
19.28.150 Ministerial Approval of Up to Two Units. ¶
Issuance of Miscellaneous Ministerial Permit. The Director of Community Development shall ministerially approve up to two residential units on a parcel in an R-1 single-family residence district or R-1 zoned Planned Development Zoning District if the proposed housing development meets the requirements of Government Code Section 65852.21 and complies with all applicable objective zoning standards, objective subdivision standards, and objective design review standards.
The Director of Community Development shall impose all objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, General Plan, any applicable specific plan, and other
objective land use specifications that do not conflict with the requirements of Government Code Section 65852.21, including but not limited to the objective zoning and design standards in Paragraph E.
Notwithstanding Paragraph A, the Director of Community Development may deny a housing development project proposed under this Section if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
Application and Fees. An application on a form made available by the City shall be completed by the applicant. The form shall be accompanied by a fee that the City Council may adopt by resolution to sufficiently recover the cost of administering the requirements of this section. The application shall be accompanied by all technical reports, plans and information required to make a determination on the proposed project.
Objective Zoning and Design Standards for Ministerially Approved Housing Development Projects in the R-1 District. In addition to any applicable objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, a housing development project approved pursuant to this Section must comply with all applicable objective zoning and design standards to the maximum extent permissible under Government Code Section 65852.21, including but not limited to the following standards for ministerial development projects:
dards, objective subdivision standards, and objective design review standards in the Municipal Code, a housing development project approved pursuant to this Section must comply with all applicable objective zoning and design standards to the maximum extent permissible under Government Code Section 65852.21, including but not limited to the following standards for ministerial development projects:
| 1. Development Standards (Gov. Code, § 65852.21) |
a. Units shall not exceed 800 square feet per unit and shall comply with Paragraph B, above.; or b. Units exceeding 800 square feet may be permissible if compliant with the following: i. Cumulatve Floor Area Rato and Lot Coverage of the applicable zoning district (i.e. R1, R1-a, R1-e, or R1-i); and ii. The requirements of Paragraph B; and iii. Subparagraphs 2 through 16 of this Paragraph. c. If the site has been occupied by a tenant in the last three years, no alteraton or demoliton of an existng unit shall occur. |
|---|---|
| 2. Second to First Floor Area Rato: |
a. The rato of the second story to frst story foor area shall not exceed 66% in all R1 zoning districts except the R1-a district. b. In the R1-a zoning district: See Secton 19.28.090 (C). |
| 3. Interior Areas | a. See Secton 19.28.070 (D) |
| 4. Setbacks: | a. Minimum frst-story front setback is 20 feet, unless otherwise required in a tract map or zoning map except that: i. In the R1-a zoning district, the required minimum setback is 30 feet. b. Minimum second-story front setback is 25 feet except that: i. In the R1-a zoning district, the required minimum setback is 30 feet. c. Minimum frst- and second-story side and rear setbacks shall be four feet each; provided, however, that: i. No setbacks shall be required for an existng structure or for a structure constructed in the same locaton and to the same dimensions as an existng structure. ii. No new or expanded structures shall encroach upon any existng public or private utlity easements. |
| --- | --- |
| 5. Maximum height: | |
| 6. Basements: | |
| 7. Landscaping and Privacy Protecton: |
|
| 8. Private open space: | |
| 9. Permited yard encroachments: |
|
| 10. Second story decks, balconies, or similar features |
|
| 11. Design Standards: | a. See Sectons 19.28.060, 19.28.070, and 19.28.110 (A). |
| --- | --- |
| 12. Accessory buildings/structure: |
a. Allowed pursuant to the requirements of Chapter 19.100, except that Accessory Dwelling units or Junior Accessory Dwelling units shall not be permited on any lot in the R-1 zoning district if a lot split has been approved pursuant to Secton 18.12.170 and one or more unit(s) has been approved for constructon pursuant to this Secton on each resultng lot. |
| 13. Refuse, recycling, and other containers |
See Secton 19.28.070 (L) and 19.28.090 (M). |
| 1. Development Standards (Gov. Code, § 65852.21) |
a. Units shall not exceed 800 square feet per unit and shall comply with Paragraph B, above.; or b. Units exceeding 800 square feet may be permissible if compliant with the following: i. Cumulatve Floor Area Rato and Lot Coverage of the applicable zoning district (i.e. R1, R1-a, R1-e, or R1-i); and ii. The requirements of Paragraph B; and iii. Subparagraphs 2 through 16 of this Paragraph. c. If the site has been occupied by a tenant in the last three years, no alteraton or demoliton of an existng unit shall occur. |
|---|---|
| 14. Parking | a. Units shall have at least one of-street parking space, except that parking requirements shall not be imposed in either of the following instances: i. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defned in Public Resources Code Secton 21155(b) Code, or of a major transit stop, as defned in Public Resources Code Secton 21064.3. ii. There is a car share vehicle located within one block of the parcel. b. Each parking space shall be provided in an enclosed garage encompassing a 10’ by 20’ space, unobstructed (i.e., by walls, appliances, etc.) between six inches from fnished foor up to six feet from fnished foor. c. When additonal enclosed parking space(s) is/are provided, the space(s) shall meet the requirements of Chapter 19.124. |
| 15. Driveway and curb cuts: |
Subject to the requirements of Sectons 19.28.070 (G) and 19.28.070 (H). |
| 16. Short Term Rentals Prohibited: |
No residental unit created pursuant to this Secton may be rented for a term of 30 days or less. |
This Section shall remain in effect until such time as Government Code Section 65852.21 is repealed or superseded or its requirements for ministerial approval of housing development projects are materially amended, whether by legislation or initiative, or are held to be unenforceable by a court of competent jurisdiction, at which time this Section shall become null and void.
Any dwelling unit approved pursuant to this Section shall be ineligible for conversion to a condominium, community apartment, or stock cooperative project. Any application for a tentative subdivision map or tentative parcel map for a residential condominium conversion of a unit created pursuant to this Section shall be denied by the Department of Community Development.
(Ord. 22-2246, § III (part), 2022; Ord. 22-2238, § 3.10, 2022; Ord. 21-2235, § 3.10, 2021; Ord. 25-2277, Exh. A (part), 2025)
Appendix A: City of Cupertino Two Story Design Principles
Introduction
Cupertino’s neighborhoods have developed over a period of decades with varying architectural styles. Two story homes with a second story to first floor ratio greater than 66% and homes with second story side setbacks less than 15 feet must offset the building massing with designs that encompass higher quality architectural features and materials.
Design Principles
These design principles help integrate new homes and additions to existing homes with existing neighborhoods by providing a framework for the review and approval process. Where possible, additional details and examples have been provided. Conditions not covered by these examples will be evaluated on a case-by-cases basis.
Provide an identifiable architectural style. Attractive homes are designed by using elements from one consistent theme. It is best to work with your designer to identify and carry out one style around the entire house.
Design features. Proportions and details to be consistent with architectural style.
Provide facade articulation. The following techniques offer ways to mitigate the bulk of larger homes in smaller scale neighborhoods and the impact of two- story tall walls on adjacent neighbors and the streetscape.
Second floor setbacks Horizontal and vertical wall plane changes Pop outs Bay windows Chimneys Wide overhangs with projecting brackets Juliet balconies Belly bands Window boxes and pot shelves Landscaped trellises and lattices Projecting window trim Materials and color changes Inset balconies Applied decorative features Recessed garage doors Window trim Tall trees to break up view of long walls
Use high quality materials.
Ensure massing and scale appropriate to the architectural style.
Design with architectural integrity of forms, materials and details on all sides of the structure.
Provide symmetry, proportions and balance consistent with the architectural style.
==> picture [192 x 140] intentionally omitted <==
Distinguishing Architectural Features
There are a wide range of architectural styles in Cupertino. However, there are a few that have been most preferred in recent years. Annotated illustrations outlining some of the distinguishing features for five of the most common styles are included on the following pages:
Arts and Crafts
Mediterranean
Spanish Eclectic
Italian Villa French Country
Resourses
The following resources may be useful to homeowners, buildings, and design professionals in understanding the special qualities of specific house styles.
A Field Guide to American Homes
Viginia & Lee McAlester
Alfred A. Knopf 2000
The Abrams Guide to American House Styles
Wilkin Morgan
Harry N. Abrams, Inc. 2004
House Styles in America
James C. Massey
Penquin Studio 1996
Celebrating the American Home
Joanne Kellar Bouknight
The Taunton Press 2005
The Distinctive Home, A Vision of Timeless Design
Jeremiah Eck
The Taunton Press 2005
Arts and Crafts Style
DISTINGUISHING FEATURES
Arts and Crafts Style homes are characterized by gently pitched broad roof gables with wide eave overhangs. The visual impact of second floor spaces is often minimized by incorporating the living space into the roof form, and utilizing gable or shed dormers for light and interior volume. Generously sized entry porches with distinctive columns and column bases are common, as is the abundance of wood details.
Generous and slightly elevated entry porch
Large tapered or square wood columns
Stone, brick, shingle, or wood paneled column base
Wood porch railing
Gabled roof ends
Expressed wood beam
Decorative wood brackets
Wide wood window frames with divided light panes
Exposed rafter tails
Decorative Arts and Crafts carriage light
Gable and shed dormers
Shingles and/or wood siding occasionally with a small amount of stucco
Composition or simulated wood shake roof shingles
Interesting gable end window, attic vent, and/or wood details
Bay windows with base trim and brackets
Ancillary structures with matching forms, materials, and details
==> picture [208 x 159] intentionally omitted <==
==> picture [208 x 165] intentionally omitted <==
Mediterranean Style
DISTINGUISHING FEATURES
Mediterranean Style homes are characterized by low-pitched hip roofs, typically covered in tile. Roof overhangs are generally wide, and often are accentuated by decorative brackets. Windows are typically deep set from the exterior wall surface, and upper story windows are smaller and less elaborate than ground floor windows. Selected windows and doors often have arched head shapes, and entries are accentuated by deep recessed and flanking columns attached to the wall, but are generally subdued. Facades are often symmetrical.
Low pitched roof with heavy textured tiles
Wide roof overhangs for sun shading, often with decorative brackets
3. Stucco or stone walls
Deep set windows and entries, sometimes with arched heads and/or windows accentuated with surrounding trim
Decorative metal carriage lights and railings
Often symmetrical massing and window layout
Upper floor windows smaller and less elaborate
Supplemental sun shading at selected windows
Distinctive chimney shapes and caps
Small balconies with decorative railings and brackets
Decorative columns and details
Decorative shutters
==> picture [189 x 156] intentionally omitted <==
==> picture [189 x 215] intentionally omitted <==
Spanish Eclectic Style
DISTINGUISHING FEATURES
Spanish Eclectic Style homes are characterized by low-pitched gable and hip roofs, typically covered in red tiles. Roof overhangs may be wide with decorative brackets or minimal with curved molding at the wall/roof juncture. Windows are typically deep set from the exterior wall surface, and usually have projecting molding at their heads and sills. Selected windows and doors often have arched head shapes, and entries are accentuated by deep recesses and heavy wood doors. Facades are generally informal and asymmetrical in their massing.
Low pitched roofs with heavy textured red tiles - overhangs may be large with decorative brackets or very small with curved molding at the wall/roof juncture
Stucco walls
Recessed entry door - often with arched head
Deep set windows, sometimes with arched heads
Informal and asymmetrical building forms
Distinctive upper level balconies with metal or wood details
Wood window shutters
Projecting window head and sill trim
Decorative tile and metal details
Distinctive chimney shapes and caps
Second floor overhangs with wood beam and bracket supports
Casement windows with divided lights
==> picture [145 x 102] intentionally omitted <==
==> picture [145 x 119] intentionally omitted <==
Italian Villa Style
DISTINGUISHING FEATURES
Italian Villa Style homes are characterized in the Bay Area a wide variety of forms and details drawn from a variety of common Italian styles. They are frequently formal in their facade design, and often symmetrical with accentuated windows and entries.
Low pitched hip roof
Wide roof eaves, often with formal supporting brackets
Symmetrical or asymmetrical front facade window patterns well-organized around a projecting formal entry with Italianate columns
Tall first floor windows
Deep set windows in grouped patterns
Arched window heads and/or accentuated trim above the windows
Projecting or recessed entries with Italianate columns and/or trim
Projecting window heads, jambs and sills
Articulated belt and trim courses
==> picture [159 x 140] intentionally omitted <==
==> picture [156 x 84] intentionally omitted <==
French Country Style
DISTINGUISHING FEATURES
French Country Style homes are characterized by steeply pitched roofs with eaves commonly flared upward at roof-wall junctions. They may be symmetrical in form and facade organization, but are more typically asymmetrical. Some variations include a round tower with a high, conical roof. Individual homes exhibit a wide variety in form detailing, but are united by the strong roof form. Roof are commonly covered with slate, tile or other roughtextured materials. Roof dormers are common. Entries are often deep-set from the home’s front wall.
Gable and hip roof forms with medium to steep pitch
Closed eaves
Stucco, stone, or brick walls
Recessed entry vestibule with decorative molding or projecting gable
Articulated entry details
Casement windows with divided lights - often recessed
Second floor overhangs with wood beam and decorative supports
Planter boxes, shutters, and other decorative details
Distinctive chimney shapes and caps
Gabled dormers
Bay windows with metal roofs
==> picture [145 x 133] intentionally omitted <==
==> picture [145 x 134] intentionally omitted <==
CHAPTER 19.32: RESIDENTIAL DUPLEX (R-2) ZONES
19.32.010 Purpose. ¶
The residential duplex zoning district is intended to allow a second dwelling unit under the same ownership as the initial dwelling unit. The residential duplex district is intended to increase the variety of housing opportunities within the community while maintaining the existing neighborhood character.
(Ord. 16-2149, § 7, 2016; Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)
19.32.020 Applicability of Regulations. ¶
No building, structure or land shall be hereafter erected, structurally altered or enlarged in an R-2 residential duplex district other than in conformance with the provisions of this chapter and other applicable provisions of this title.
Reasonable Accommodation: Notwithstanding 19.32.020(A) above, a request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, acts as a barrier to fair housing opportunities, pursuant to Chapter 19.52.
(Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992)
19.32.030 Permitted, Conditional and Excluded Uses. ¶
Permitted, Conditional and Excluded Uses that may be conducted from property zoned Residential Duplex (R-2), are identified in Section 19.20.020.
(Ord. 2085, § 2 (part), 2011)
19.32.040 Permits Required for Development. ¶
No building, structure or sign shall be erected, structurally altered, or enlarged, nor shall any landscaping or parking plan be implemented or modified in an R-2 zone, without permits pursuant to Chapter 19.12 and 19.168 of the municipal code.
(Ord. 2085, § 2 (part), 2011)
19.32.050 Site Development Regulations. ¶
Table 19.32.050 sets forth the rules and regulations pertaining to the site development of property zoned residential duplex (R-2).
Table 19.32.050: Site Development Regulations
| A. Lot size: | |
|---|---|
| 1. Minimum lot size | 8,500 square feet |
| 2. Minimum lot size by zoning district symbol: |
Lot area shall correspond to the number (multplied by two thousand square feet) following the R-2 symbol.Example: R2-4.25: Minimum lot size of 8,500 square feet (4.25 * 2,000 s.f.) |
| B. Alternatve standards to 19.32.060 (A) | |
| 1. Legal non-conforming lots |
Existng legal lots of record must be 7,500 square feet and fulfll all other applicable requirements of this ttle. |
| 2. If 50% of more of net lot area is adjacent to a curvilinear street |
Reducton in minimum lot size of no more 5% of the net lot area is permited |
| C. Lot Width at building setback line | |
| 1. Minimum width | 70 feet |
| --- | --- |
| 2. Lots with 9,000 square feet or more and which front a cul-de-sac |
60 feet |
(Ord. 2085, § 2 (part), 2011)
19.32.060 Building Development Regulations. ¶
Table 19.32.060 sets forth the rules and regulations pertaining to the development of structures on property zoned residential duplex (R-2).
Table 19.32.060: Building Development Regulations
| A. Maximum Lot Coverage by all permanent buildings |
40% of net lot area | 40% of net lot area |
|---|---|---|
| B. Maximum Height | ||
| a. Buildings | Two stories, not exceeding 30 feet | |
| b. Zoning districts with "i" sufx * |
Limited to one story (not to exceed 18 feet) | |
| c. Accessory Structures |
Limited to one story (not to exceed 15 feet) and must comply with all other regulatons in Chapter 19.100 |
|
| C. Fences | Must comply with regulatons in Chapter 19.48 | |
| D. Parking | Must comply with regulatons in Chapter 19.124 | |
| E. Minimum Setbacks | First Floor | Second Floor |
| a. Front Yard | ||
| i. Minimum Setback |
20 feet | 20 feet |
| ii. Side entering garage with curved driveway |
15 feet | 20 feet |
| b. Side yard | ||
| i. Interior side | 20% of lot width measured at front setback line and not less than six feet |
At least three feet more than frst foor setback |
| ii. Street side | 12 feet | 15 feet |
| c. Rear yard | 20 feet or no less than 20% of the lot depth, whichever is greater. May be reduced to 10 feet provided that the required rear-yard setback area is no less than eight hundred ffy square feet or twenty tmes of the lot width. |
20% of lot depth |
| F. Second Story Decks and Patos Minimum Setbacks | ||
| a. Front Yard | - | 17 feet |
| b. Side Yard | - | 15 feet |
| c. Rear Yard | - | 20 feet |
| --- | --- | --- |
| G. Permited Encroachments into a required yard setback area | ||
| a. Cornices, canopies, coves, decks (more than 18 inches above fnished grade) and other architectural features |
No more than 2 feet 6 inches |
No more than 2 feet 6 inches |
| b. Unenclosed pato covers in a rear-yard |
As allowed by Chapter 19.100 (Accessory Structures) |
- |
| Notes:* - Pertains to all buildings in a designated area as prescribed by the City Council by afxing the designaton "i" to the zoning district symbol. |
Notes: * - Pertains to all buildings in a designated area as prescribed by the City Council by affixing the designation "i" to the zoning district symbol.
(Ord. 2085, § 2 (part), 2011)