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Cupertino City Zoning Code

CHAPTER 19

38: MULTIPLE-FAMILY RESIDENTIAL R-4 ZONES

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

  1. 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.
  2. 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

  1. 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.
  2. 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.

B. Maximum Height

Not to exceed 70 feet

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

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

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

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.

F. Corner Triangle and Sidewalk Site Triangle

Shall remain free and clear of all buildings or portions thereof.

G. Fences

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.

Must comply with regulations in Chapter 19.124

I. Access

No more than two vehicular entries/exits per street frontage between the residential development and the public right-of-way.

J. Improvements and Covenants for Common Area

See Section 19.36.070(L)

(Ord. 24-2261, § 1 (part), 2024)