Earlier editions: 2026-09
Cupertino Municipal Code § 19.36.060 Site Development Regulations
Cupertino Municipal Code · 2026-10 edition · updated 2026-10-05 · Cupertino
Cite as: Cupertino Municipal Code § 19.36.060 · Text as of 2026-10-05
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.¶
A. 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.
B. 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. 24-2261, § 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.¶
A. 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.
B. 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 Regulations
| 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 up to four units | Projects with five or more units | Projects with five or more units | Projects with five or more units | |
|---|---|---|---|---|---|---|
| A. Maximum Lot Coverage | 50% of net lot area, unless inconsistent with Govt. Section 65913.11 | 50% of net lot area, unless inconsistent with Govt. Section 65913.11 | 50% of net lot area, unless inconsistent with Govt. Section 65913.11 | 55% of net lot area, unless inconsistent with Govt. Section 65913.11 | 55% of net lot area, unless inconsistent with Govt. Section 65913.11 | 55% of net lot area, unless inconsistent with Govt. Section 65913.11 |
| B. Maximum Height | Limited to two stories (not to exceed 30 feet) | Limited to two stories (not to exceed 30 feet) | Limited to two stories (not to exceed 30 feet) | Not to exceed 30 feet unless a different height is identified by General Plan Figure LU-2. | Not to exceed 30 feet unless a different height is identified by General Plan Figure LU-2. | Not to exceed 30 feet unless a different height is identified by General Plan Figure LU-2. |
| C. Setbacks and Stepbacks | C. Setbacks and Stepbacks | C. Setbacks and Stepbacks | C. Setbacks and Stepbacks | C. Setbacks and Stepbacks | C. Setbacks and Stepbacks | C. Setbacks and Stepbacks |
| First Floor | Second Floor or Portions of building 24 feet or higher | Second Floor or Portions of building 24 feet or higher | First Floor | First Floor | Upper Floors | |
| 1. Front-yard | 20 feet | 20 feet | 20 feet | If located on property abutting an arterial or major collector, 35 feet from face of street curb All other properties: 20 feet from property line | If located on property abutting an arterial or major collector, 35 feet from face of street curb All other properties: 20 feet from property line | If located on property abutting an arterial 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 properties 20 feet from property line |
| 2. Side-yard | 2. Side-yard | 2. Side-yard | 2. Side-yard | 2. Side-yard | 2. Side-yard | 2. Side-yard |
| i. Interior side | 6 feet | 6 feet | 10 feet | 10 feet | 10 feet | 12 feet |
| ii. Street side | 12 feet | 12 feet | 18 feet | 12 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 times the width of the lot is maintained. | 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 times 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 times the width of the lot is maintained. | 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 times the width of the lot is maintained. | 20 feet or 20% of the lot depth, whichever is greater. Additional 10 feet for floors more than one story higher than any adjacent primary residential structures. |
| D. Private Outdoor Space (e.g., Balcony, Patio, Deck) | 20% of each unit’s gross first-floor area 10% of each unit’s gross floor area | 20% of each unit’s gross first-floor area 10% of each unit’s gross floor area | 20% of each unit’s gross first-floor area 10% of each unit’s gross floor area | Minimum Size: 60 square feet per unit Minimum Clearance: 6 feet clear in any dimension | Minimum Size: 60 square feet per unit Minimum Clearance: 6 feet clear in any dimension | Minimum Size: 60 square feet per unit Minimum Clearance: 6 feet clear in any dimension |
| E. Upper Story Deck and Patio Setbacks | E. Upper Story Deck and Patio Setbacks | E. Upper Story Deck and Patio Setbacks | E. Upper Story Deck and Patio Setbacks | E. Upper Story Deck and Patio Setbacks | E. Upper Story Deck and Patio Setbacks | E. Upper Story Deck and Patio Setbacks |
| 1. Front-yard | - | - | 17 feet | N/A | N/A | N/A |
| 2. Side-yard | - | - | 15 feet | N/A | N/A | N/A |
| 3. Rear-yard | - | - | 20 feet | N/A | N/A | N/A |
| F. Universal Design Standards | New multiple-family development of five 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 Disabilities Act standards. | New multiple-family development of five 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 Disabilities Act standards. | New multiple-family development of five 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 Disabilities Act standards. | New multiple-family development of five 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 Disabilities Act standards. | New multiple-family development of five 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 Disabilities Act standards. | New multiple-family development of five 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 Disabilities Act standards. |
| G. Corner Triangle and Sidewalk Sight Triangle | Shall remain free and clear of all buildings or portions thereof | Shall remain free and clear of all buildings or portions thereof | Shall remain free and clear of all buildings or portions thereof | Shall remain free and clear of all buildings or portions thereof | Shall remain free and clear of all buildings or portions thereof | Shall remain free and clear of all buildings or portions thereof |
| H. Visual Privacy Intrusion | Minimize privacy intrusion into all or a significant portion 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 mitigation relying solely upon a landscaping solution. | Minimize privacy intrusion into all or a significant portion 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 mitigation relying solely upon a landscaping solution. | Minimize privacy intrusion into all or a significant portion 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 mitigation relying solely upon a landscaping solution. | N/A | N/A | N/A |
| I. Fences | Must comply with regulations in Chapter 19.48 | Must comply with regulations in Chapter 19.48 | Must comply with regulations in Chapter 19.48 | Must comply with regulations in Chapter 19.48 | Must comply with regulations in Chapter 19.48 | Must comply with regulations in Chapter 19.48 |
| J. Parking | No parking shall be permitted in a setback area where the lot adjoins property located in a single-family (R-1) zoning district. | No parking shall be permitted in a setback area where the lot adjoins property located in a single-family (R-1) zoning district. | No parking shall be permitted in a setback area where the lot adjoins property located in a single-family (R-1) zoning district. | No parking shall be permitted in a setback area where the lot adjoins property located in a single-family (R-1) zoning district. | No parking shall be permitted in a setback area where the lot adjoins property located in a single-family (R-1) zoning district. | No parking shall be permitted in a setback area where the lot adjoins property located in a single-family (R-1) zoning district. |
| J. Parking | Must comply with regulations in Chapter 19.124 | Must comply with regulations in Chapter 19.124 | Must comply with regulations in Chapter 19.124 | Must comply with regulations in Chapter 19.124 | Must comply with regulations in Chapter 19.124 | Must comply with regulations in Chapter 19.124 |
| K. Access | No more than two vehicular entries/ |
No more than two vehicular entries/ |
No more than two vehicular entries/ |
No more than two vehicular entries/ |
No more than two vehicular entries/ |
No more than two vehicular entries/ |
| L. Improvements and Covenants for Common Area | ||||||
| 1. Completion/ |
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. | 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. | 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. | 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. | 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. | 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 | a. Shall be the responsibility of the property owner or homeowners association to which the common areas are deeded. b. In the event private roads, driveways, parking areas, walkways, landscaping or buildings are not maintained to applicable City standards, the City may, after notice and advertised public hearing, effect the necessary maintenance, with the cost to be a lien on the property. | a. Shall be the responsibility of the property owner or homeowners association to which the common areas are deeded. b. In the event private roads, driveways, parking areas, walkways, landscaping or buildings are not maintained to applicable City standards, the City may, after notice and advertised public hearing, effect the necessary maintenance, with the cost to be a lien on the property. | a. Shall be the responsibility of the property owner or homeowners association to which the common areas are deeded. b. In the event private roads, driveways, parking areas, walkways, landscaping or buildings are not maintained to applicable City standards, the City may, after notice and advertised public hearing, effect the necessary maintenance, with the cost to be a lien on the property. | a. Shall be the responsibility of the property owner or homeowners association to which the common areas are deeded. b. In the event private roads, driveways, parking areas, walkways, landscaping or buildings are not maintained to applicable City standards, the City may, after notice and advertised public hearing, effect the necessary maintenance, with the cost to be a lien on the property. | a. Shall be the responsibility of the property owner or homeowners association to which the common areas are deeded. b. In the event private roads, driveways, parking areas, walkways, landscaping or buildings are not maintained to applicable City standards, the City may, after notice and advertised public hearing, effect the necessary maintenance, with the cost to be a lien on the property. | a. Shall be the responsibility of the property owner or homeowners association to which the common areas are deeded. b. In the event private roads, driveways, parking areas, walkways, landscaping or buildings are not maintained to applicable City standards, the City may, after notice and advertised public hearing, effect the necessary maintenance, with the cost to be a lien on the property. |
| 3. Declaration of Covenants, Conditions and Restrictions, where applicable | a. Shall include a clause to ensure that the CC&R’s shall not be modified unless required to by state law, without review of the City, b. Shall be reviewed by the City Attorney, prior to recordation, to determine its compatibility with the intent and conditions as set forth herein. | a. Shall include a clause to ensure that the CC&R’s shall not be modified unless required to by state law, without review of the City, b. Shall be reviewed by the City Attorney, prior to recordation, to determine its compatibility with the intent and conditions as set forth herein. | a. Shall include a clause to ensure that the CC&R’s shall not be modified unless required to by state law, without review of the City, b. Shall be reviewed by the City Attorney, prior to recordation, to determine its compatibility with the intent and conditions as set forth herein. | a. Shall include a clause to ensure that the CC&R’s shall not be modified unless required to by state law, without review of the City, b. Shall be reviewed by the City Attorney, prior to recordation, to determine its compatibility with the intent and conditions as set forth herein. | a. Shall include a clause to ensure that the CC&R’s shall not be modified unless required to by state law, without review of the City, b. Shall be reviewed by the City Attorney, prior to recordation, to determine its compatibility with the intent and conditions as set forth herein. | a. Shall include a clause to ensure that the CC&R’s shall not be modified unless required to by state law, without review of the City, b. Shall be reviewed by the City Attorney, prior to recordation, to determine its compatibility with the intent and conditions as set forth herein. |
| 4. Articles of Incorporation and Other Instruments Related to Homeowners’ Association, where applicable | a. Shall be subject to the review and approval of the City Attorney b. Shall include a clause to indicate that the Association cannot be dissolved without written approval and authorization from the City. | a. Shall be subject to the review and approval of the City Attorney b. Shall include a clause to indicate that the Association cannot be dissolved without written approval and authorization from the City. | a. Shall be subject to the review and approval of the City Attorney b. Shall include a clause to indicate that the Association cannot be dissolved without written approval and authorization from the City. | a. Shall be subject to the review and approval of the City Attorney b. Shall include a clause to indicate that the Association cannot be dissolved without written approval and authorization from the City. | a. Shall be subject to the review and approval of the City Attorney b. Shall include a clause to indicate that the Association cannot be dissolved without written approval and authorization from the City. | a. Shall be subject to the review and approval of the City Attorney b. Shall include a clause to indicate that the Association cannot be dissolved without written approval and authorization 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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