Earlier editions: 2026-09
Cupertino Municipal Code Ch. 19.38 Multiple-Family Residential (r-4) Zones
Cupertino Municipal Code · 2026-10 edition · updated 2026-10-05 · Cupertino
Cite as: Cupertino Municipal Code Chapter 19.38 · Text as of 2026-10-05
19.38.010: Purpose¶
The purpose of this chapter is to provide a zoning district permitting high/very high, very high, and highest 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 adjoining parcels. The R-4 zoning district may be combined with the townhome (TH) zoning district in accordance with Chapter 19.46.
(Ord. 24-2261, § 1 (part), 2024)
19.38.020: 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-4 zoning district other than in conformance with the provisions of this chapter and other applicable provisions of this title.
B. Reasonable Accommodation: Notwithstanding 19.38.020(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. 24-2261, § 1 (part), 2024)
19.38.030: Permitted, Conditional, and Excluded Uses¶
Permitted, Conditional, and Excluded Uses on property zoned R-4, are identified in Section 19.20.020.
(Ord. 24-2261, § 1 (part), 2024)
19.38.040: Development Plan Required¶
An application for development on a parcel presently zoned R-4 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. 24-2261, § 1 (part), 2024)
19.38.050: Permit Required for Development¶
A. No building permit may be issued for development on a parcel presently zoned R-4 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 Chapter 19.12.
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. 24-2261, § 1 (part), 2024)
19.38.060: Site Development Regulations¶
Table 19.38.060 sets forth the rules and regulations pertaining to the Development Regulations for the development of property zoned R-4.
Table 19.38.060 Site Development Regulations
| A. Density | 1. Maximum as designated in the General Plan. 2. Development on sites with a required minimum density shall meet the minimum density established on the General Plan Land Use map. |
|---|---|
| B. Minimum Net Lot Area | 12,000 square feet |
| C. Minimum Lot Width (measured at front building setback line) | 70 feet |
(Ord. 24-2261, § 1 (part), 2024)
19.38.070: Building Development Regulations¶
Table 19.38.070 sets forth the rules and regulations pertaining to the development of multiple-family residential structures on property zoned R-4.
Table 19.38.070: Building Development Regulations
| A. Maximum Lot Coverage | 55% of net lot area, unless inconsistent with Section 65913.11. | 55% of net lot area, unless inconsistent with Section 65913.11. |
|---|---|---|
| B. Maximum Height | Not to exceed 70 feet | Not to exceed 70 feet |
| C. Setbacks and Stepbacks | C. Setbacks and Stepbacks | C. Setbacks and Stepbacks |
| First Floor | Upper Floors | |
| 1. Front-yard | If located on property abutting an arterial or major collector, 35 feet from face of curb. All other properties: 12 feet from property line. | If located on property abutting an arterial or major collector: Floor 2 and 3: 35 feet from face of curb; and Floors 4 and above: 18 feet from property line. All other properties: 18 feet from property line |
| 2. Side-yard | 2. Side-yard | 2. Side-yard |
| i. Interior side | 10 feet | 10 feet and Additional 10 feet for floors more than one story higher than any adjacent primary residential structure. |
| ii. Street side | 12 feet | 12 feet |
| 3. Rear-yard | 30 feet | Floors 2 and 3: 30 feet ; and Floors 4 and above: Additional 15 feet. |
| D. Private Outdoor Space (e.g., Balcony, Patio, Deck) | Minimum Size: 48 square feet per unit Minimum Clearance: 4 feet clear in any dimension | Minimum Size: 48 square feet per unit Minimum Clearance: 4 feet clear in any dimension |
| E. Universal Design Standards | New multiple-family development 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 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. |
| F. Corner Triangle and Sidewalk Site Triangle | Shall remain free and clear of all buildings or portions thereof. | Shall remain free and clear of all buildings or portions thereof. |
| G. Fences | Must comply with regulations in Chapter 19.48 | Must comply with regulations in Chapter 19.48 |
| H. 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. |
| H. Parking | Must comply with regulations in Chapter 19.124 | Must comply with regulations in Chapter 19.124 |
| I. Access | No more than two vehicular entries/ |
No more than two vehicular entries/ |
| J. Improvements and Covenants for Common Area | See Section 19.36.070(L) | See Section 19.36.070(L) |
(Ord. 24-2261, § 1 (part), 2024)
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