Chapter 19.36 — MULTIPLE-FAMILY RESIDENTIAL (R-3) ZONES  — Cupertino Zoning Code

19.36.010 Purpose.  ¶

The purpose of this chapter is to provide a zoning district permitting medium, medium-high, and high density multiple-family residential uses and to establish the regulations pertaining thereto. These regulations are intended to guide future development and ensure a healthy functional environment for future residents within the proposed development and for and between adjoining parcels. The R-3 zoning district may be combined with the townhome (TH) zoning district in accordance with Chapter 19.46.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992; Ord. 24-2261, § 1 (part), 2024)

19.36.020 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 a R-3 zoning district other than in conformance with the provisions of this chapter and other applicable provisions of this title.

Reasonable Accommodation: Notwithstanding 19.36.020(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; Ord. 242261, § 1 (part), 2024)

19.36.030 Permitted, Conditional and Excluded Uses.  ¶

Permitted, Conditional, and Excluded Uses on property zoned R-3 are identified in Section 19.20.020.

(Ord. 2085, § 2 (part), 2011; Ord. 24-2261, § 1 (part), 2024)

19.36.040 Development Plan Required.  ¶

An application for development on a parcel presently zoned R-3 shall require submittal of all materials identified in Chapter 19.12. The Community Development Director may establish development plan application requirements beyond those required by Chapter 19.12.

(Ord. 2085, § 2 (part), 2011; Ord. 24-2261, § 1 (part), 2024)

19.36.050 Permit Required for Development.  ¶

No building permit may be issued for development on a parcel presently zoned R-3 until a development plan is approved as part of a development permit pursuant to Chapters 19.12 and 19.156. Housing development projects on Priority Housing Sites considered by-right pursuant to state law shall be processed as identified in Table 19.12.030.

Signs, landscaping or parking plans and minor modifications to buildings may not be erected, structurally altered, enlarged or modified without permits pursuant to Chapters 19.12 and 19.168.

(Ord. 2085, § 2 (part), 2011; Ord. 24-2261, § 1 (part), 2024)

19.36.060 Site Development Regulations.  ¶

Table 19.36.060 sets forth the rules and regulations pertaining to the Development Regulations for the development of property zoned multiple-family residential (R-3).

Table 19.36.060 Site Development Regulatons	Table 19.36.060 Site Development Regulatons
A. Density – Maximum number of units cannot exceed that allowed by the General Plan	1. Maximum as designated in the General Plan. 2. Development on sites with a minimum density shall meet the minimum density established on the General Plan Land Use map.
B. Minimum Net Lot Area	9,300 square feet
C. Minimum Lot Width (measured at front building setback line)	70 feet

(Ord. 2085, § 2 (part), 2011; Ord. 24-2261, § 1 (part), 2024)

19.36.070 Building Development Regulations.  ¶

Table 19.36.070 sets forth the rules and regulations pertaining to the development of structures on property zoned multiple-family residential (R-3).

Table 19.36.070: Building Development Regulations

		Projects with up to four units	Projects with up to four units		Projects with fve or more units	Projects with fve or more units
	A. Maximum Lot Coverage	50% of net lot area, unless inconsistent with Govt. Secton 65913.11			55% of net lot area, unless inconsistent with Govt. Secton 65913.11
	B. Maximum Height	Limited to two stories (not to exceed 30 feet)			Not to exceed 30 feet unless a diferent height is identfed by General Plan Figure LU-2.
	C. Setbacks and Stepbacks
		First Floor	Second Floor or Portons of building 24 feet or higher		First Floor	Upper Floors
	1. Front-yard	20 feet			If located on property abutng an arterial	If located on property abutng an arterial
					Projects with up to four units	Projects with up to four units
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		2. Side-yard
		i. Interior side			6 feet	10 feet
		ii. Street side			12 feet	18 feet
		3. Rear-yard			20 feet or 20% of the lot depth, whichever is greater. Main building may encroach as close as 10 feet to rear lot line if a usable rear-yard setback area of not less than twenty tmes the width of the lot is maintained.	20 feet or 20% of the lot depth, whichever is greater.
		D. Private Outdoor Space (e.g., Balcony, Pato, Deck)			20% of each unit’s gross frst-foor area 10% of each unit’s gross foor area
		E.	UpperStory Deck and Pato Setbacks
		1.	Front-yard	-		17 feet
		2.	Side-yard	-		15 feet

				Projects with up to four units	Projects with up to four units
---	---	---	---	---	---	---


		3. Rear-yard		-	20 feet
		F. Universal Design Standards		New multple-family development of fve or more units shall include: 1. At least one no-step entry point per building and unit; 2. Interior and exterior doors with 32 inches of clear passage for each unit; and 3. One bathroom for each unit that is able to be maneuvered in a wheelchair per Americans with Disabilites Act standards.
		G. Corner Triangle and Sidewalk Sight Triangle		Shall remain free and clear of all buildings or portons thereof
		H. Visual Privacy Intrusion		Minimize privacy intrusion into all or a signifcant porton of private outdoor spaces, or interior spaces through the use of windowless walls, atria, enclosed courtyards, and buildings oriented to public and private streets, or other techniques which rely upon structural design rather than mitgaton relying solely upon a landscaping soluton.		N/A
		I. Fences		Must comply with regulatons in Chapter 19.48
		J. Parking		No parking shall be permited in a setback area where the lot adjoins property located in a single-family (R-1) zoning district.
				Must comply with regulatons in Chapter 19.124
		K. Access		No more than two vehicular entries/exits per street frontage between the residental development and the public right-of-way.
		L. Improvements and Covenants for Common Area
		1. Completon/Bonding	Improvement of the common areas shall be completed by the developer and shall be subject to bonding and other procedures in the same manner as required for street improvements by Title 18, Subdivision.
		2. Maintenance	Shall be the responsibility of the property owner or homeowners associaton to which the common areas are deeded. In the event private roads, driveways, parking areas, walkways, landscaping or buildings are not maintained to applicable City standards, the City may, afer notce and advertsed public hearing, efect the necessary maintenance, with the cost to be a lien on the property.
		3. Declaraton of Covenants, Conditons and Restrictons, where applicable	Shall include a clause to ensure that the CC&R’s shall not be modifed unless required to by state law, without review of the City, Shall be reviewed by the City Atorney, prior to recordaton, to determine its compatbility with the intent and conditons as set forth herein.

			Projects with up to four units		Projects with fve or more units
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	4. Artcles of Incorporaton and Other Instruments Related to Homeowners’ Associaton, where applicable		Shall be subject to the review and approval of the City Atorney Shall include a clause to indicate that the Associaton cannot be dissolved without writen approval and authorizaton from the City.

(Ord. 17-2165, § 10, 2017; Ord. 2085, § 2 (part), 2011; Ord. 24-2261, § 1 (part), 2024; Ord.

25-2277, Exh. A (part), 2025)