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Title 19 — ZONING

Chapter 19.36 — MULTIPLE-FAMILY RESIDENTIAL (R-3) ZONES

Cupertino Zoning Code · 2026-06 edition · updated 2026-07-26 · Cupertino

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
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
Projects with fve or more units Projects with fve or more units
or major
collector,
35 feet
from face
of street
curb
All other
propertes:
20 feet
from
property
line
or major
collector:
Floor 2
and 3: 35
feet from
face of
street
curb
Floors 4
and
above (if
allowed
per
General
Plan
height):
20 feet
from
property
line.
All other
propertes
20 feet
from
property
line
2. Side-yard
i. Interior side 6 feet 10 feet 10 feet 12 feet
ii. Street side 12 feet 18 feet 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.
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.
Additonal 10 feet
for foors more
than one story
higher than any
adjacent primary
residental
structures.
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
Minimum Size: 60 square feet per unit
Minimum Clearance: 6 feet clear in any
dimension
E.
UpperStory Deck and Pato Setbacks
1. Front-yard - 17 feet N/A N/A
2. Side-yard - 15 feet N/A N/A
Projects with up to four
units
Projects with up to four
units
Projects with fve or more units Projects with fve or more units
3. Rear-yard - 20 feet N/A N/A
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
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)

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Contents — Cupertino Zoning Code
Cupertino Zoning Code
  1. Title 19 — ZONING
    Overview
    1. Chapter 19.04 — GENERAL PROVISIONS
    2. Chapter 19.08 — DEFINITIONS
    3. Chapter 19.12 — ADMINISTRATION
    4. Chapter 19.16 — DESIGNATIONS AND ESTABLISHMENT OF DISTRICTS
    5. Chapter 19.20 — PERMITTED, CONDITIONAL AND EXCLUDED USES IN AG…
    6. Chapter 19.24 — AGRICULTURAL (A) AND AGRICULTURALRESIDENTIAL (…
    7. Chapter 19.28 — SINGLE-FAMILY RESIDENTIAL (R-1) ZONES
    8. Chapter 19.36 — MULTIPLE-FAMILY RESIDENTIAL (R-3) ZONES
    9. Chapter 19.38 — MULTIPLE-FAMILY RESIDENTIAL (R-4) ZONES
    10. Chapter 19.40 — RESIDENTIAL HILLSIDE (RHS) ZONES
    11. Chapter 19.44 — RESIDENTIAL SINGLE-FAMILY CLUSTER (R1C) ZONES
    12. Chapter 19.46 — TOWNHOME (TH) COMBINING DISTRICT
    13. Chapter 19.48 — FENCES
    14. Chapter 19.50 — EMERGENCY SHELTERS
    15. Chapter 19.52 — REASONABLE ACCOMMODATION
    16. Chapter 19.56 — DENSITY BONUS
    17. Chapter 19.60 — GENERAL COMMERCIAL (CG) ZONES
    18. Chapter 19.68 — ADMINISTRATIVE AND PROFESSIONAL OFFICE (OA & O…
    19. Chapter 19.72 — LIGHT INDUSTRIAL (ML) AND INDUSTRIAL PARK (MP)…
    20. Chapter 19.76 — PUBLIC BUILDING (BA), QUASI-PUBLIC BUILDING (B…
    21. Chapter 19.80 — PLANNED DEVELOPMENT (P) ZONES
    22. Chapter 19.84 — PERMITTED, CONDITIONAL AND EXCLUDED USES IN OP…
    23. Chapter 19.92 — PARK AND RECREATION (PR) ZONES
    24. Chapter 19.96 — PRIVATE RECREATION (FP) ZONE
    25. Chapter 19.98 — MARIJUANA
    26. Chapter 19.100 — ACCESSORY BUILDINGS/STRUCTURES
    27. Chapter 19.102 — GLASS AND LIGHTING STANDARDS
    28. Chapter 19.104 — SIGNS
    29. Chapter 19.108 — BEVERAGE CONTAINER REDEMPTION AND RECYCLING C…
    30. Chapter 19.112 — ACCESSORY DWELLING UNITS
    31. Chapter 19.116 — CONVERSIONS OF APARTMENT PROJECTS TO COMMON I…
    32. Chapter 19.124 — PARKING REGULATIONS
    33. Chapter 19.128 — ADULT-ORIENTED COMMERCIAL ACTIVITIES
    34. Chapter 19.132 — CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND GA…
    35. Chapter 19.136 — WIRELESS COMMUNICATIONS FACILITIES
    36. Chapter 19.140 — NONCONFORMING USES AND NONCONFORMING FACILITIES
    37. Chapter 19.144 — DEVELOPMENT AGREEMENTS
    38. Chapter 19.148 — REQUIRED ARTWORK IN PUBLIC AND PRIVATE DEVELO…
    39. Chapter 19.152 — AMENDMENTS TO THE ZONING MAPS AND ZONING REGU…
    40. Chapter 19.156 — DEVELOPMENT PERMITS, CONDITIONAL USE PERMITS …
    41. Chapter 19.160 — TEMPORARY USES
    42. Chapter 19.164 — ADMINISTRATIVE APPROVAL OF MINOR CHANGES IN P…
    43. Chapter 19.168 — ARCHITECTURAL AND SITE REVIEW
    44. Chapter 19.172 — BELOW MARKET RATE HOUSING PROGRAM

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