Chapter 19.38 — MULTIPLE-FAMILY RESIDENTIAL (R-4) ZONES
Cupertino Zoning Code · 2026-06 edition · updated 2026-07-26 · Cupertino
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 ¶
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.
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 ¶
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.
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 Regulatons | |
|---|---|
| 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 Regulatons | |||
|---|---|---|---|
| A. Maximum Lot Coverage |
55% of net lot area, unless inconsistent with Secton 65913.11. | ||
| B. Maximum Height |
Not to exceed 70 feet | ||
| C. Setbacks and Stepbacks | |||
| First Floor | Upper Floors | ||
| 1. Front-yard | If located on property abutng an arterial or major collector, 35 feet from face of curb. All other propertes: 12 feet from property line. |
If located on property abutng 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 propertes: 18 feet from property line |
|
| 2. Side-yard | |||
| i. Interior side | 10 feet | 10 feet and Additonal 10 feet for foors more than one story higher than any adjacent primary residental structure. |
|
Table 19.38.070: Building Development Regulatons
| Table 19.38.070: Building Development Regulatons | ||
|---|---|---|
| ii. Street side | 12 feet | |
| 3. Rear-yard | 30 feet | Floors 2 and 3: 30 feet; and Floors 4 and above: Additonal 15 feet. |
| D. Private Outdoor Space (e.g., Balcony, Pato, Deck) |
Minimum Size: 48 square feet per unit Minimum Clearance: 4 feet clear in any dimension |
|
| E. Universal Design Standards |
New multple-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 Disabilites Act standards. |
|
| F. Corner Triangle and Sidewalk Site Triangle |
Shall remain free and clear of all buildings or portons thereof. | |
| G. Fences | Must comply with regulatons in Chapter 19.48 |
|
| H. 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 | ||
| I. Access | No more than two vehicular entries/exits per street frontage between the residental development and the public right-of-way. |
|
| J. Improvements and Covenants for Common Area |
See Secton 19.36.070(L) |
(Ord. 24-2261, § 1 (part), 2024)
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Ask AI about this code▸ Contents — Cupertino Zoning Code
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▸ Title 19 — ZONING
Overview- Chapter 19.04 — GENERAL PROVISIONS
- Chapter 19.08 — DEFINITIONS
- Chapter 19.12 — ADMINISTRATION
- Chapter 19.16 — DESIGNATIONS AND ESTABLISHMENT OF DISTRICTS
- Chapter 19.20 — PERMITTED, CONDITIONAL AND EXCLUDED USES IN AG…
- Chapter 19.24 — AGRICULTURAL (A) AND AGRICULTURALRESIDENTIAL (…
- Chapter 19.28 — SINGLE-FAMILY RESIDENTIAL (R-1) ZONES
- Chapter 19.36 — MULTIPLE-FAMILY RESIDENTIAL (R-3) ZONES
- Chapter 19.38 — MULTIPLE-FAMILY RESIDENTIAL (R-4) ZONES
- Chapter 19.40 — RESIDENTIAL HILLSIDE (RHS) ZONES
- Chapter 19.44 — RESIDENTIAL SINGLE-FAMILY CLUSTER (R1C) ZONES
- Chapter 19.46 — TOWNHOME (TH) COMBINING DISTRICT
- Chapter 19.48 — FENCES
- Chapter 19.50 — EMERGENCY SHELTERS
- Chapter 19.52 — REASONABLE ACCOMMODATION
- Chapter 19.56 — DENSITY BONUS
- Chapter 19.60 — GENERAL COMMERCIAL (CG) ZONES
- Chapter 19.68 — ADMINISTRATIVE AND PROFESSIONAL OFFICE (OA & O…
- Chapter 19.72 — LIGHT INDUSTRIAL (ML) AND INDUSTRIAL PARK (MP)…
- Chapter 19.76 — PUBLIC BUILDING (BA), QUASI-PUBLIC BUILDING (B…
- Chapter 19.80 — PLANNED DEVELOPMENT (P) ZONES
- Chapter 19.84 — PERMITTED, CONDITIONAL AND EXCLUDED USES IN OP…
- Chapter 19.92 — PARK AND RECREATION (PR) ZONES
- Chapter 19.96 — PRIVATE RECREATION (FP) ZONE
- Chapter 19.98 — MARIJUANA
- Chapter 19.100 — ACCESSORY BUILDINGS/STRUCTURES
- Chapter 19.102 — GLASS AND LIGHTING STANDARDS
- Chapter 19.104 — SIGNS
- Chapter 19.108 — BEVERAGE CONTAINER REDEMPTION AND RECYCLING C…
- Chapter 19.112 — ACCESSORY DWELLING UNITS
- Chapter 19.116 — CONVERSIONS OF APARTMENT PROJECTS TO COMMON I…
- Chapter 19.124 — PARKING REGULATIONS
- Chapter 19.128 — ADULT-ORIENTED COMMERCIAL ACTIVITIES
- Chapter 19.132 — CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND GA…
- Chapter 19.136 — WIRELESS COMMUNICATIONS FACILITIES
- Chapter 19.140 — NONCONFORMING USES AND NONCONFORMING FACILITIES
- Chapter 19.144 — DEVELOPMENT AGREEMENTS
- Chapter 19.148 — REQUIRED ARTWORK IN PUBLIC AND PRIVATE DEVELO…
- Chapter 19.152 — AMENDMENTS TO THE ZONING MAPS AND ZONING REGU…
- Chapter 19.156 — DEVELOPMENT PERMITS, CONDITIONAL USE PERMITS …
- Chapter 19.160 — TEMPORARY USES
- Chapter 19.164 — ADMINISTRATIVE APPROVAL OF MINOR CHANGES IN P…
- Chapter 19.168 — ARCHITECTURAL AND SITE REVIEW
- Chapter 19.172 — BELOW MARKET RATE HOUSING PROGRAM