04: GENERAL PROVISIONS

08: DEFINITIONS

12: ADMINISTRATION

16: DESIGNATIONS AND ESTABLISHMENT OF DISTRICTS

20: PERMITTED, CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL ZONES

24: AGRICULTURAL A AND AGRICULTURAL-RESIDENTIAL A-1 ZONES

28: SINGLE-FAMILY RESIDENTIAL R-1 ZONES

City of Cupertino Two Story Design Principles

32: RESIDENTIAL DUPLEX R-2 ZONES

36: MULTIPLE-FAMILY RESIDENTIAL R-3 ZONES

38: MULTIPLE-FAMILY RESIDENTIAL R-4 ZONES

40: RESIDENTIAL HILLSIDE RHS ZONES*

44: RESIDENTIAL SINGLE-FAMILY CLUSTER R1C ZONES

46: TOWNHOME TH COMBINING DISTRICT

48: FENCES

50: EMERGENCY SHELTERS

52: REASONABLE ACCOMMODATION

56: DENSITY BONUS

60: GENERAL COMMERCIAL CG ZONES*

64: PERMITTED, CONDITIONAL AND EXCLUDED USES IN OFFICE AND INDUSTRIAL ZONING DISTRICTS

68: ADMINISTRATIVE AND PROFESSIONAL OFFICE OA & OP ZONES

72: LIGHT INDUSTRIAL ML AND INDUSTRIAL PARK MP ZONES

76: PUBLIC BUILDING BA, QUASI-PUBLIC BUILDING BQ AND TRANSPORTATION T ZONES

80: PLANNED DEVELOPMENT P ZONES

84: PERMITTED, CONDITIONAL AND EXCLUDED USES IN OPEN SPACE, PARK AND RECREATION AND PRIVATE RECREATION ZONING DISTRICTS

88: OPEN SPACE OS ZONES

92: PARK AND RECREATION PR ZONES

96: PRIVATE RECREATION FP ZONE

98: MARIJUANA

100: ACCESSORY BUILDINGS/STRUCTURES

102: GLASS AND LIGHTING STANDARDS

104: SIGNS

108: BEVERAGE CONTAINER REDEMPTION AND RECYCLING CENTERS

112: ACCESSORY DWELLING UNITS

116: CONVERSIONS OF APARTMENT PROJECTS TO COMMON INTEREST DEVELOPMENTS

120: HOME OCCUPATIONS

124: PARKING REGULATIONS

128: ADULT-ORIENTED COMMERCIAL ACTIVITIES

132: CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND GASOLINE

136: WIRELESS COMMUNICATIONS FACILITIES

140: NONCONFORMING USES AND NONCONFORMING FACILITIES

144: DEVELOPMENT AGREEMENTS

148: REQUIRED ARTWORK IN PUBLIC AND PRIVATE DEVELOPMENTS

152: AMENDMENTS TO THE ZONING MAPS AND ZONING REGULATIONS

156: DEVELOPMENT PERMITS, CONDITIONAL USE PERMITS AND VARIANCES

160: TEMPORARY USES

164: ADMINISTRATIVE APPROVAL OF MINOR CHANGES IN PROJECTS*

168: ARCHITECTURAL AND SITE REVIEW*

172: BELOW MARKET RATE HOUSING PROGRAM

Cupertino City Zoning Code

CHAPTER 19

46: TOWNHOME TH COMBINING DISTRICT

19.46.010: Purpose

The townhome (TH) combining district is intended to modify the regulations of the multiple-family residential (R-3 and R-4) zoning districts to permit townhome development in those districts, primarily in conjunction with multiple-family development, and to establish specific townhome development standards, upon rezoning to the townhome combining district.

(Ord. 24-2261, § 1 (part), 2024)

19.46.020: Applicability of Regulations

The townhome combining district may only be combined with the R-3 or R-4 zoning district, in accordance with Chapters 19.36 and 19.38 of the Zoning Ordinance. The townhome combining district shall apply to properties designated on the zoning map with “TH” following the multiple-family residential (R-3 or R-4) zoning district designation (e.g., R-3/TH or R-4/TH. The site development regulations (Section 19.46.060) and building development regulations (Section 19.46.070) established by this chapter shall apply to townhomes in lieu of the comparable provisions established by the underlying R-3 or R-4 zoning districts.
No townhome(s) shall be erected, structurally altered, or enlarged in a TH combining district other than in conformance with the provisions of this chapter and other applicable provisions of this title.
Reasonable Accommodation: Notwithstanding 19.46.020(B) 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)

19.46.030: Permitted, Conditional, and Excluded Uses

Permitted, Conditional, and Excluded Uses on property zoned R-3/TH or R-4/TH are identified in Section 19.20.020.

(Ord. 24-2261, § 1 (part), 2024)

19.46.040: Development Plan Required

Development in the townhome combining district shall adhere to the requirements and procedures of the Municipal Code in Chapter 19.12 and those established by the underlying multiple-family zoning district in Sections 19.36.040 and 19.38.040.

(Ord. 24-2261, § 1 (part), 2024)

19.46.050: Permit Required for Development

Permitting in the townhome combining district shall adhere to the requirements and procedures established by the underlying multiple-family zoning district.

(Ord. 24-2261, § 1 (part), 2024)

19.46.060: Site Development Regulations

Table 19.46.060 sets forth the rules and regulations pertaining to the Development Regulations for townhome development of property zoned R-3/TH or R-4/TH.

Table 19.46.060 Site Development Regulations
A. Density	Maximum as designated in the General Plan. Development on sites with a required minimum density shall meet the minimum density established on the General Plan Land Use map.
B. Maximum Lot or Air Parcel Width for each townhome (measured at front building setback line)	25 feet

(Ord. 24-2261, § 1 (part), 2024)

19.46.070: Building Development Regulations

Table 19.46.070 sets forth the rules and regulations pertaining to the development of townhome residential structures on property zoned R-3/TH or R-4/TH.

Table 19.36.070: Townhome Building Development Regulations
A. Maximum Lot Coverage	55% of net lot area prior to development
B. Maximum Floor Area Ratio	85% of net lot area prior to development
C. Maximum Height	Limited to three stories (not to exceed 30 feet)
D. Setbacks and Stepbacks (Measured from property lines prior to development)
	First and Second Floor	Third Floor
1. Front-yard	Per underlying multiple-family zoning district
2. Side-yard
a. Interior side	6 feet	6 feet and Additional 10 feet if more than one story higher than any adjacent primary residential structure.
b. Street side	12 feet
3. Rear-yard	15 feet
E. Private Outdoor Space (e.g., Balcony, Patio, Deck)	See underlying multiple-family zoning district.
F. Design Requirements	Townhome design visible from or fronting the public right of way shall include at least two of the following features: Front Architectural Feature (e.g., stoop, front porch). Stairway with at least three stairs leading to the front entrance. Pitched roof with a slope of at least 3:12. Vehicular parking shall not be located along primary frontage.
G. Corner Triangle and Sidewalk Sight Triangle	Shall remain free and clear of all buildings or portions thereof.
H. Fences	See underlying multiple-family zoning district.
I. Parking	Must comply with townhome parking regulations per Chapter 19.124.
J. Access	No more than two vehicular entries/exits per street frontage between the residential development and the public right-of-way
K. Improvements and Covenants for Common Area	Per underlying R-3 or R-4 zoning district.

(Ord. 24-2261, § 1 (part), 2024)

Cupertino City Zoning Code

CHAPTER 19

46: TOWNHOME TH COMBINING DISTRICT

19.46.010: Purpose

The townhome (TH) combining district is intended to modify the regulations of the multiple-family residential (R-3 and R-4) zoning districts to permit townhome development in those districts, primarily in conjunction with multiple-family development, and to establish specific townhome development standards, upon rezoning to the townhome combining district.

(Ord. 24-2261, § 1 (part), 2024)

19.46.020: Applicability of Regulations

The townhome combining district may only be combined with the R-3 or R-4 zoning district, in accordance with Chapters 19.36 and 19.38 of the Zoning Ordinance. The townhome combining district shall apply to properties designated on the zoning map with “TH” following the multiple-family residential (R-3 or R-4) zoning district designation (e.g., R-3/TH or R-4/TH. The site development regulations (Section 19.46.060) and building development regulations (Section 19.46.070) established by this chapter shall apply to townhomes in lieu of the comparable provisions established by the underlying R-3 or R-4 zoning districts.
No townhome(s) shall be erected, structurally altered, or enlarged in a TH combining district other than in conformance with the provisions of this chapter and other applicable provisions of this title.
Reasonable Accommodation: Notwithstanding 19.46.020(B) 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)

19.46.030: Permitted, Conditional, and Excluded Uses

Permitted, Conditional, and Excluded Uses on property zoned R-3/TH or R-4/TH are identified in Section 19.20.020.

(Ord. 24-2261, § 1 (part), 2024)

19.46.040: Development Plan Required

Development in the townhome combining district shall adhere to the requirements and procedures of the Municipal Code in Chapter 19.12 and those established by the underlying multiple-family zoning district in Sections 19.36.040 and 19.38.040.

(Ord. 24-2261, § 1 (part), 2024)

19.46.050: Permit Required for Development

Permitting in the townhome combining district shall adhere to the requirements and procedures established by the underlying multiple-family zoning district.

(Ord. 24-2261, § 1 (part), 2024)

19.46.060: Site Development Regulations

Table 19.46.060 sets forth the rules and regulations pertaining to the Development Regulations for townhome development of property zoned R-3/TH or R-4/TH.

Table 19.46.060 Site Development Regulations
A. Density	Maximum as designated in the General Plan. Development on sites with a required minimum density shall meet the minimum density established on the General Plan Land Use map.
B. Maximum Lot or Air Parcel Width for each townhome (measured at front building setback line)	25 feet

(Ord. 24-2261, § 1 (part), 2024)

19.46.070: Building Development Regulations

Table 19.46.070 sets forth the rules and regulations pertaining to the development of townhome residential structures on property zoned R-3/TH or R-4/TH.

Table 19.36.070: Townhome Building Development Regulations
A. Maximum Lot Coverage	55% of net lot area prior to development
B. Maximum Floor Area Ratio	85% of net lot area prior to development
C. Maximum Height	Limited to three stories (not to exceed 30 feet)
D. Setbacks and Stepbacks (Measured from property lines prior to development)
	First and Second Floor	Third Floor
1. Front-yard	Per underlying multiple-family zoning district
2. Side-yard
a. Interior side	6 feet	6 feet and Additional 10 feet if more than one story higher than any adjacent primary residential structure.
b. Street side	12 feet
3. Rear-yard	15 feet
E. Private Outdoor Space (e.g., Balcony, Patio, Deck)	See underlying multiple-family zoning district.
F. Design Requirements	Townhome design visible from or fronting the public right of way shall include at least two of the following features: Front Architectural Feature (e.g., stoop, front porch). Stairway with at least three stairs leading to the front entrance. Pitched roof with a slope of at least 3:12. Vehicular parking shall not be located along primary frontage.
G. Corner Triangle and Sidewalk Sight Triangle	Shall remain free and clear of all buildings or portions thereof.
H. Fences	See underlying multiple-family zoning district.
I. Parking	Must comply with townhome parking regulations per Chapter 19.124.
J. Access	No more than two vehicular entries/exits per street frontage between the residential development and the public right-of-way
K. Improvements and Covenants for Common Area	Per underlying R-3 or R-4 zoning district.

(Ord. 24-2261, § 1 (part), 2024)