28: SINGLE-FAMILY RESIDENTIAL R-1 ZONES
R-1 single-family residence districts are intended to create, preserve and enhance areas suitable for detached dwellings in order to:
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 1868, (part), 2001; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992)
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992)
Permitted, Conditional and Excluded Uses that may be conducted from property zoned Single Family Residential (R-1), are identified in Section 19.20.020.
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011)
Table 19.28.040 sets forth the planning permits required for development in the Single-Family Residential district.
Table 19.28.040 Permits Required
| Planning permit required prior to building permit application | Approval authority | Type of Project |
|---|---|---|
| A. None | Admin | Single-family projects that do not require exception or variance from the requirements of this ordinance |
| B. Minor Residential Permit, pursuant to Chapter 19.12, Administration | Admin |
|
| C. Director’s Minor Modification, pursuant to Chapter 19.12, Administration | Admin | Encroachment of porch elements into the required front yard setback in the R1-a zone, subject to the requirements of Section 19.28.100 |
| D. Residential Design Review, pursuant to Chapter 19.12, Administration | Admin. with design review | Two-story addition or new two-story home in all districts except R1-a where:
|
| PC | Two-story addition, new two-story home, and/or second story deck in the R1-a zone | |
| E. Exception, pursuant to Chapter 19.12, Administration & Section 19.28.130 , Exceptions | PC | One or two-story project requesting an exception from Sections 19.28.070 [Development Regulations (Building)], 19.28.080 [Eichler R1-e Building Design Requirements], and/or 19.28.110 [Landscape Requirements]. |
| F. Hillside Exception, pursuant to Chapter 19.12, Administration | Development (area greater than 500 square feet) on slopes greater than 30% | |
| G. Architectural and Site Approval, pursuant to Chapter 19.12, Administration | One or two-story addition or new home on a sloped single-family residential lot with development on building pads/graded areas with actual slopes equal to or greater than 20% and where the cut plus fill of the site exceeds 2,500 cubic yards | |
| H. Conditional Use Permit, pursuant to Chapter 19.12, Administration | Two-story addition or new two-story home in an R1 zoning district with an “i” suffix | |
| I. Single‐Story Overlay Application, pursuant to Chapter 19.12, District Administration | CC | Establishment or removal of a Single‐Story Overlay District in a Single Family Residential District (Addition or removal of the “I” suffix in an R1 zoning district) |
| J. Miscellaneous Ministerial Permit | Admin |
|
| K. Conditional Use Permit pursuant to Chapter 19.12, Administration | Admin | Duplex developments in a single structure on corner lots or on properties where the adjacent property (1) fronts an arterial or major collector and (2) is zoned and currently used for commercial or mixed-use development.
|
(Ord. 23-2247, § 1 (part), 2023; Ord. 22-2246, § III (part), 2022; Ord. 21-2235, § 3.8, 2021; Ord. 22-2238, § 3.8, 2022; Ord. 17-2162, § 6, 2017; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 23-2254, Att. A (part), 2023; Ord. 24-2261, § 1 (part), 2024)
| Zoning Designation | Zoning Definition |
|---|---|
| R1-X | Single Family Residential District - Minimum lot area corresponds to the number (X), multiplied by 1,000 square feet |
| R1-Xi | Residential Single Family Single-Story Overlay District to limit homes to One Story (not to exceed 18 feet high) - [minimum lot area corresponds to the number (X), multiplied by 1,000 square feet preceding the ‘i’ symbol]. May be combined with all R1 zoning designations. |
| R1-6e | Single Family Residential Eichler District (6,000 minimum lot area) |
| R1-a | Single Family Residential District with Semi-Rural Characteristics (10,000 square foot minimum lot area) |
(Ord. 17-2162, § 7, 2017; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011)
Table 19.28.060 sets forth the rules and regulations for site development in the Single - Family Residential District.
Table 19.28.060 Site Development Regulations
| R1-5 | R1-6, 7.5, 8, 10, 20, etc., and R1-6e | R1-a | |||
|---|---|---|---|---|---|
| A. Minimum net lot area1 | i. 5,000 square feet | ii. the number multiplied by 1,000 square feet | iii.10,000 square feet | ||
| iv. For lots created under the provisions of GovernmentCode Section 64411.7, each of the resulting lots shall have a lot area of at least 40% of the original lot being subdivided, with no lots less than 1,200 square feet. | |||||
| B. Minimum lot width (at the front setback line) | i. 50 feet | ii. 60 feet | iii. 75 feet | ||
| C. Landscaping | i. See Chapter 14.15, Landscape Ordinance ii. At least 50% of the front yard of any project approved pursuant to Chapter 19.28.150 shall be occupied by non-hardscape landscaping | iii. Landscaping plans are required for all additions or new homes. The purpose of the landscaping is to beautify the property and to achieve partial screening of building forms from the street and adjacent properties. Generally, the landscaping may include shrubbery, hedges, trees, or lattice with vines on fences iv. At least 50% of the front yard of any project approved pursuant to Chapter 19.28.150 shall be occupied by non-hardscape landscaping | |||
| D. Development proposed on building pads/graded area with slopes equal to or greater than 20% | |||||
1. Total site grading (cut plus fill)2,3 | i. 2,500 cubic yards maximum. ii. Projects that exceed the maximum quantity shall require Architectural and Site Approval per Section 19.28.040(G). iii. Total site grading shall be limited to 2,500 cubic yards for the entire site as calculated prior to subdivision. iv. Flat yard area created by grading areas that are sloped more than 10% shall be limited to 2,500 square feet, not including the driveway, as calculated prior to any subdivision. | ||||
2. Fences | See Chapter 19.48, Fence Ordinance | ||||
| E. Development on properties with an average slope greater than 10% shall comply with Sections 19.40.050 (F), (G), and (I) and Sections 19.40.060(E), (H), (I) and (J). | |||||
| F. Development (structures, improvements, or grading) | |||||
1. On actual slopes ≥ 30% | i. Limited to 500 square feet and subject to the requirements of Sections 19.40.050 (F), (G), and (I) and Sections 19.40.060 (E), (H), (I) and (J). ii. Development greater than 500 square feet shall be subject to a Hillside Exception by the Planning Commission in accordance with section 19.40.080 of the RHS Ordinance. iii. In all cases, the following shall apply: a. Change in grade elevation shall be limited to the minimum extent necessary to ensure adequate drainage and access as demonstrated by a grading and drainage plan prepared by a registered civil engineer. b. Split level designs shall be used to avoid additional change in grade elevation. c. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the existing grading and drainage pattern of the site. d. Unless required by the City Engineer, development shall not result in a finished floor more than 36 inches above finished grade. | ||||
| G. On-site improvements | All properties shall provide a 4.5 foot wide pathway, a 4.5 foot wide planting strip, curb and gutter, curb cut, AC pavement, and underground utilities at the street as follows: 1. Detached pathway when a property on either side of the subject property has a detached pathway; 2. Monolithic pathway when a property on either side of the subject property has a monolithic pathway 3. When properties on either side of the subject property do not have a pathway, a pathway that matches the pre-dominant pattern of pathways on the street, as determined by the City Engineer, shall be provided, unless the subject property has a “semi-rural” designation adopted by City Council resolution. 4. The City Engineer shall adopt any objective standard necessary to implement the requirements of this paragraph. | ||||
| H. Curb Cuts | 1. For interior lots with a street frontage of 35 feet or less, no more than a one-car-wide curb cut shall be permitted. A distance of at least 22 feet shall be provided between two, one-car-wide curb cuts, else, a shared driveway with, no more than a two-car curb cut may be provided. 2. Unless subject to subsection (3) below, for interior or pieshaped lots with a street frontage of more than 35 feet: a maximum of a two-car curb cut is permitted provided a distance of at least 22 feet is provided between existing and proposed driveway flares, else the curb cut shall be limited to a one-car curb cut. 3. When a subdivision results in a flag lot, the two resulting lots shall share vehicular access off of the access area of the resulting flag lot, unless one of the lots is an interior lot with at least 50 feet of street frontage. A maximum two-car curb cut is permitted at the right-of-way. No other curb cuts shall be permitted. 4. Where a shared driveway (not through a flag lot) is proposed: i. No additional curb cuts shall be permitted. ii. 50% of the width of the shared driveway curb cut shall be on each property. iii. A maximum two-car curb cut shall be permitted. 5. On lots where an existing residence is retained on the site of a subdivision, an existing curb cut of not more than 18 feet in width may remain when providing exclusive access to the existing residence. 6. A maximum 18’ wide car curb cut is allowed when a two-car curb cut is permitted. 7. A maximum 12’ wide curb cut is allowed when a one-car curb cut is permitted. | ||||
| I Driveways | 1. When a subdivision results in a flag lot, the access area shall be a minimum of 20 feet and a maximum of 25 feet in width, comprising a minimum 16-foot drive aisle and a minimum 2-foot-wide landscaping planter on either side. 2. Where shared driveway access through a flag lot is required and would provide access to new development, the driveway access for the front lot shall be located in the rear 50% of the property. 3. A one-car driveway shall be a minimum of 10 feet in width and a maximum of 12 feet in width. 4. A two-car driveway shall be a maximum of 20 feet in width. Any third or more driveway spaces shall be in tandem. 5. Subparagraphs 3 and 4 do not apply to the flag lot access area. 6. When shared access is proposed, a covenant, necessary for appropriate ingress and egress easements, shall be recorded prior to final parcel map recordation. 7. A maintenance agreement shall be recorded to ensure shared maintenance of any shared access easements, stormwater treatment, landscaping, and private utilities, prior to final parcel map recordation. | ||||
| J. Easement and Covenants | 1. Utility easements shall be recorded prior to final parcel map recordation. 2. A covenant necessary for maintenance of stormwater treatment facilities shall be recorded prior to final map recordation. | ||||
| K. Public Improvements | If no dedication was required for the creation of a lot, any future development project shall include a dedication to accommodate the predominant public right-of-way, as determined by the City Engineer, abutting the corresponding lot line and frontage improvements, including curb, gutter and sidewalk, which shall be installed by the applicant at his or her expense. | ||||
| L. Private Open Space | Each unit must provide at least 15% of the unit floor area as private open space on the first floor, with no dimension less than 10 feet. Private open space shall not be located in the required front yard setback area. | ||||
Notes: 1. Lots, which contain less area than required by its zoning designation, but not less than 5,000 square feet, may nevertheless be used as building sites, provided that all other applicable requirements of this title are fulfilled. 2. Maximum grading quantity includes grading for the building pad, yard areas, driveway, and all other areas requiring grading, but does not include basements. The graded area shall be limited to the building pad area to the greatest extent possible. Grading quantities for multiple driveways are divided equally among the participating lots, e.g. two lots sharing a driveway will divide the driveway grading quantity in half. The divided share will be charged against the grading quantity allowed for that lot development. 3. All cut and fill areas shall be rounded to follow the natural contours and planted with landscaping that meets the following requirements: i. A landscape plan shall be prepared that addresses measures to prevent soil erosion and to screen cut and fill slopes. ii. A tree planting plan shall be prepared for the site which will screen grading areas, and residential structures, to the greatest possible extent, as well as to reintroduce trees on barren slopes which were denuded by prior agricultural activities. iii. Landscape improvements shall meet the requirements as established in the Landscape Ordinance, Chapter 14.15. iv. Landscape improvements shall be installed prior to final occupancy unless such installation is impracticable, in which case, the applicant shall post a bond, cash, or other security to ensure installation within an 18-month period from occupancy. All such landscape areas shall be properly maintained. | |||||
(Ord. 22-2246, § III (part), 2022; Ord. 22-2238, § 3.9, 2022; Ord. 21-2235, § 3.9, 2021; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 25-2277, Exh. A (part), 2025)
Table 19.28.070 sets forth the rules and regulations pertaining to the development of structures on property zoned R1-5, 6, 7.5, 8, 10, 20 etc., and R1-6e in the Single-Family Residential District.
Table 19.28.070 Building Development Regulations
| Table 19.28.070 Building Development Regulations | R1-5 | R1-6, 7.5, 8, 10, 20, etc., and R1-6e |
|---|---|---|
| A. Maximum lot coverage | 1. 45% of the net lot area, however, a housing development project on a lot having a slope 30% or greater shall not exceed the floor area allowed under Chapter 19.40. a. An additional 5% is allowed for roof overhangs, patios, porches, and other similar features not enclosed on by walls on at least three (3) sides | |
| B. Maximum floor area ratio | 1. 45% of the net lot area | |
| C. Maximum second to first floor ratio | 1. No limit. See Section 19.28.040(D)(1) for permitting requirements. Homes subject to design review shall comply with the design review principles in Section 19.28.110(C). | |
| D. Interior areas (measured from the floor to the top of roof rafters) with heights > 16 feet | 1. Floor area shall be double-counted as follows: a. For one-story homes, the floor area shall be double-counted as first floor area. b. For two-story homes, the floor area shall be counted once each for first floor and second floor area. | |
| E. Minimum first floor setbacks | ||
1. Front yard | ||
a. Minimum setback | 20 feet | |
b. Side entering garage with curved driveway | 15 feet. No more than two (2) 15-foot setbacks shall occur side by side. | |
c. Three-car garage | For projects with three-car garages oriented to the public right of way, the wall plane of the third space shall be setback a minimum of two (2) feet from the wall plane of the other two (2) spaces. | |
2. Side yard For lots that have more than two side yards, the setback shall be consistent for all side yards between the front property line and rear property line | ||
a. Interior lot | 5 feet on both sides | 15 feet combined (no side yard setback shall be less than 5 feet) |
b. Corner lot | ||
i. Interior side | 5 feet | |
ii. Street side | 12 feet | |
3. Rear yard | a. 20 feet i. May be reduced to 10 feet, with a Minor Residential Permit, subject to Chapter 19.12, if, after the reduction, the usable rear yard area is not less than 20 times the lot width as measured from the front setback line. | |
| F. Minimum second floor setbacks | ||
1. Front yard | 25 feet | |
2. Side yard | ||
a. Interior Lot | 25 feet combined (no side yard setback shall be less than 10 feet) i. See Section 19.28.040(D)(2) for permitting requirements. Homes subject to design review shall comply with the design review principles in Section 19.28.110(C). | |
b. Corner lot | 25 feet combined side yard setback (no side yard setback shall be less than 10 feet) | |
i. Interior Side | 10 feet but not less than 20 feet from the rear property line of an adjacent single family dwelling A. See Section 19.28.040(D)(2) for permitting requirements. Homes subject to design review shall comply with the design review principles in Section 19.28.110(C). | |
ii. Street Side | 12 feet | |
c. Flag lot | 20 feet from any property line | |
3. Rear yard | 25 feet | |
| G. Minimum setbacks for second story decks, patios, balconies, or any other similarly unenclosed features. All new or expanded second story decks with views into neighboring residential side or rear yards shall file for a Minor Residential Permit in accordance with Chapter 19.12, in order to protect the privacy of adjoining properties. The goal of this permit requirement is not to require complete visual protection but to address privacy protection to the greatest extent while still allowing the construction and use of an outdoor deck. | ||
1. Front yard | 20 feet (may encroach up to 3 feet into the required front yard setback) | |
2. Side yard | 15 feet | |
3. Rear yard | 20 feet | |
| H. Corner triangle | No portion of a structure shall be located within a corner triangle. | |
| I. Basements | ||
1. Number, size, and volume of lightwells | a. Shall be the minimum required by the California Residential Building Code for egress, light, and ventilation, unless the basement area is counted towards floor area, except that in the case of a single-story house with a basement, one lightwell may be up to 10 feet wide and 10 feet long. | |
2. Minimum setback for lightwell retaining walls and basements | ||
a. Front Yard | Same as underlying zoning district | |
b. Side Yard | 5 feet | |
c. Rear Yard | 10 feet | |
3. Lightwell railings | Maximum height of three feet, six inches. The railing shall be located immediately adjacent to the lightwell. | |
4. Lightwell screening | Lightwells that are visible from a public street shall be screened by landscaping. | |
5. Root barrier measures | The perimeter of all basements and lightwells shall be treated and/or reinforced with the most effective root barrier measures as determined by an ISA certified Arborist in conjunction with recommendations from a certified Structural Engineer. | |
| J. Maximum height | ||
1. Total principal building height | 28 feet, no more than two stories | |
2. Zoning Districts with “i” suffix1 | Limited to one story (not to exceed 18 feet) | |
3. First floor and Second Floor building envelopes | a. The maximum exterior wall height and building height on single-story structures and single-story sections of two-story structures must fit into the building envelope defined by: i. A 10-foot-high vertical line from natural grade measured at the property line; and ii. A 25 degree roof line angle projected inward at the 10 foot high line referenced above; b. Notwithstanding the building envelope, a gable end of a roof enclosing an attic space may have a maximum wall height of 17 feet to the peak of the roof as measured from natural grade, or up to 20 feet with a Minor Residential permit subject to Chapter 19.12. c. Second-story building envelope: All the maximum exterior wall height and building height on two-story sections of two-story structures must fit into the building envelope defined by: i. A 16-foot-high vertical line from natural grade measured at the property line; and ii. A 25-degree roof line angle projected inward at the 16-foot-high line referenced above. | |
4. Entry feature height | 14 feet from natural grade to top of plate | |
| K. Solar Design | The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes, provided that no such structure shall infringe upon solar easements or adjoining property owners. Variation from the setback or height restrictions of this chapter may be allowed only upon issuance of a Minor Residential Permit subject to Chapter 19.12. | |
| L. Refuse, recycling, and other containers | 1. A minimum 8-foot by 3-foot space per unit, not visible from the street, shall be provided in an interior yard behind a fence. 2. This area shall not be concurrent with any emergency access pathway required by the Fire Department. | |
| M. Outdoor Lighting | 1. Shall comply with the requirements of Chapter 19.102. | |
Note: 1. Pertains to all buildings in a designated area limited to one story in height (not exceeding 18 feet) as prescribed by the City Council by affixing the designation “i” to the zoning district symbol. | ||
(Ord. 17-2165, § 9, 2017; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 25-2277, Exh. A (part), 2025)
R1-e single-family residential “Eichler districts” protect a consistent architectural form through the establishment of district site development regulations. Nothing in these regulations is intended to preclude a harmonious two-story home or second story addition.
The following building design requirements shall be met for development in the R1-e district:
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011)
R1-a districts are intended to reinforce the semi-rural setting in neighborhoods with large lots. Variation from the R1-a regulations shall require a Variance pursuant to Chapter 19.156 of the Cupertino Municipal Code in the R1-a district.
Table 19.28.100 sets forth the rules and regulations for permitted yard encroachments in the Single- Family Residential district.
| Table 19.28.100 Permitted Yard Encroachments | |
|---|---|
| A. Extension of a legal non-conforming wall line |
|
| B. Architectural Features (not including patio covers) |
|
| C. Porch post in the R1-a zone | Posts for porches are allowed to encroach 2 feet into the required front setback. See Section 19.28.040 for permit requirements. |
| D. Low, open fencing for porches in the R1-a zone | Allowed to encroach 2 feet into the required front setback area. See Section 19.28.040 for permit requirements. |
| E. Porch platform and roof overhang in the R1-a zone | May encroach 5 feet into the required front setback. See Section 19.28.040 for permit requirements. |
| F. Accessory Structures (including attached patio covers) | As allowed by Chapter 19.100, Accessory Structures |
Notes:
| |
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011)
Any new single-family residential house or addition to an existing house shall be generally consistent with the adopted single-family residential guidelines in Sections 19.28.110(A) and (B).
Notes:
1 Refer to the Eichler Design Handbook- Fairgrove Neighborhood for additional design guidelines in the R1-6e zone.
2 Nonconformance with the design guidelines in the R1-a zone shall be considered acceptable only if the applicant shows that there are no adverse impacts from the proposed project.
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 23-2254, Att. A (part), 2023; Ord. 25-2277, Exh. A (part), 2025)
To mitigate privacy impacts and the visual mass and bulk of new two-story homes and additions, tree and/or shrub planting is required. The intent of this section is to provide substantial screening of views into neighboring residential side or rear yards within three years of planting, in order to protect the privacy of adjoining properties.
(Ord. 16-2149, § 6, 2016; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 25-2277, Exh. A (part), 2025)
Where results inconsistent with the purpose and intent of this chapter result from the strict application of the provisions hereof, exceptions to Sections 19.28.070, 19.28.080, and 19.28.110 may be granted by the Planning Commission. The specific procedural requirements shall follow Chapter 19.12.
(Ord. 23-2247, § 1 (part), 2023; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011); Ord. 25-2277, Exh. A (part), 2025)
Sections 19.28.140(A), (B), (C), (D), and (E) set forth the findings required for a Minor Residential Permit, Two-Story Permit, Residential Design Review, and R-1 Exception approval.
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 23-2254, Att. A (part), 2023)
| 1. Development Standards (Gov. Code, § 65852.21) | a. Units shall not exceed 800 square feet per unit and shall comply with Paragraph B, above.; or b. Units exceeding 800 square feet may be permissible if compliant with the following: i. Cumulative Floor Area Ratio and Lot Coverage of the applicable zoning district (i.e. R1, R1-a, R1-e, or R1-i); and ii. The requirements of Paragraph B; and iii. Subparagraphs 2 through 16 of this Paragraph. c. If the site has been occupied by a tenant in the last three years, no alteration or demolition of an existing unit shall occur. |
| 2. Second to First Floor Area Ratio: | a. The ratio of the second story to first story floor area shall not exceed 66% in all R1 zoning districts except the R1-a district. b. In the R1-a zoning district: See Section 19.28.090 (C). |
| 3. Interior Areas | a. See Section 19.28.070 (D) |
| 4. Setbacks: | a. Minimum first-story front setback is 20 feet, unless otherwise required in a tract map or zoning map except that: i. In the R1-a zoning district, the required minimum setback is 30 feet. b. Minimum second-story front setback is 25 feet except that: i. In the R1-a zoning district, the required minimum setback is 30 feet. c. Minimum first- and second-story side and rear setbacks shall be four feet each; provided, however, that: i. No setbacks shall be required for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure. ii. No new or expanded structures shall encroach upon any existing public or private utility easements. iii. No setback shall be required from a shared new side lot line between the two new lots created pursuant to an Urban Lot Split under Government Code Section 66411.7 when: 1. More than one new primary dwelling unit is approved concurrently with an Urban Lot Split; and 2. Units with a zero-foot setback are developed concurrently; and 3. All other side yard setbacks are a minimum of five feet on the first story and 10 feet on the second story; and 4. The entirety of wall faces along the shared property line are structurally attached; and 5. Structures along the new shared property line are no more than zero feet or less than four feet. iv. The required building envelope shall not apply to the portions of structures with a zero-foot setback. d. Corner Triangle: No portion of a structure shall be located within a corner triangle, provided that in no case shall a side yard setback of more than four feet be required. e. Detached structures: Detached structures located on the same lot shall have a setback of five feet as measured between the eaves of the two structures. |
| 5. Maximum height: | a. Principal Dwelling units are limited to 28 feet in height and no more than two stories except that: i. In R-1 Zoning Districts with “i" suffix, buildings shall be limited to one story (not to exceed 18 feet). b. First-story building envelope: See Section 19.28.070 (J) (3). i. Second-story building envelope: See Section 19.28.070 (J) (3). c. Notwithstanding subsections (b) and (c) above, portions of the structures developed utilizing the provisions of subsection (4)(c) above, do not have to meet the first story or second story building envelope requirements. |
| 6. Basements: | Allowed, subject to the requirements outlined in Section 19.28.070 (I). |
| 7. Landscaping and Privacy Protection: | a. Landscaping: All proposed landscaping shall meet the requirements of Chapter 14.15 of the Municipal Code. b. Front Yard Tree Required: Shall be provided in the same manner as required pursuant to Section 19.28.120. c. Privacy Protection Planting: shall be provided in the same manner as required pursuant to Section 19.28.120. |
| 8. Private open space: | See Section 19.28.110 (A) (12). |
| 9. Permitted yard encroachments: | a. Front entry features may encroach into a required front yard setback up to three feet. b. Architectural features may extend into a required yard a distance not exceeding three feet. c. No architectural feature, or combination thereof, whether a portion of a principal or accessory structure, may extend closer than three feet to any property line. |
| 10. Second story decks, balconies, or similar features | Minor Residential Permit required consistent with Section 19.28.070 G. |
| 11. Design Standards: | a. See Sections 19.28.060, 19.28.070, and 19.28.110 (A). |
| 12. Accessory buildings/structure: | a. Allowed pursuant to the requirements of Chapter 19.100, except that Accessory Dwelling units or Junior Accessory Dwelling units shall not be permitted on any lot in the R-1 zoning district if a lot split has been approved pursuant to Section 18.12.170 and one or more unit(s) has been approved for construction pursuant to this Section on each resulting lot. |
| 13. Refuse, recycling, and other containers | See Section 19.28.070 (L) and 19.28.090 (M). |
| 14. Parking | a. Units shall have at least one off-street parking space, except that parking requirements shall not be imposed in either of the following instances: i. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155(b) Code, or of a major transit stop, as defined in Public Resources Code Section 21064.3. ii. There is a car share vehicle located within one block of the parcel. b. Each parking space shall be provided in an enclosed garage encompassing a 10’ by 20’ space, unobstructed (i.e., by walls, appliances, etc.) between six inches from finished floor up to six feet from finished floor. c. When additional enclosed parking space(s) is/are provided, the space(s) shall meet the requirements of Chapter 19.124. |
| 15. Driveway and curb cuts: | Subject to the requirements of Sections 19.28.070 (G) and 19.28.070 (H). |
| 16. Short Term Rentals Prohibited: | No residential unit created pursuant to this Section may be rented for a term of 30 days or less. |
(Ord. 22-2246, § III (part), 2022; Ord. 22-2238, § 3.10, 2022; Ord. 21-2235, § 3.10, 2021; Ord. 25-2277, Exh. A (part), 2025)
| Table 19.28.090 Development Regulations(R1-a) | R1-a (First floor) | R1-a (Second floor) |
|---|---|---|
| A. Maximum lot coverage | Refer to Section 19.28.070(A) | |
| B. Maximum total floor area ratio | Refer to Section 19.28.070(B) | |
| C. Maximum second to first floor area ratio | 1. 40% of the existing or proposed first floor area or 750 square feet, whichever is greater, except as follows: a. In no case shall a second floor be more than 1,100 square feet in area | |
| D. Interior areas (measured from the floor to the top of roof rafters) with heights > 16 feet | Refer to Section 19.28.070(D) | |
| E. Minimum setbacks (measured from property line) | ||
1. Front yard | ||
a. Minimum setback | 30 feet | 30 feet |
b. Side entering garage with curved driveway | Refer to Section 19.28.070(E)(1)(b) | |
2. Side Yard | ||
a. Interior lot | 10 feet both sides | 35 feet combined (no side yard setback shall be less than 15 feet) |
b. Corner lot | 25 feet combined side yard setback | |
i. Interior side | 10 feet | 15 feet and must not be less than 20 feet from the rear property line of an adjacent single family dwelling |
ii. Street side | Refer to Section 19.28.070(E)(2)(b)(ii) | Refer to Section 19.28.070(F)(2)(b)(ii) |
c. Flag lot | 20 feet from any property line | |
3. Rear yard | 20 feet | 40 feet |
| F. Second story design regulations | ||
1. Second to first floor wall plane | The second story shall not cantilever over a first story wall plane. | |
2. Front-facing wall plane(s) | The front-facing wall plane(s) of the second story must be offset a minimum of 3 feet from the first story wall plane(s). The intent of this regulation is to avoid a two story wall plane on the front elevation. | |
| G. Front Yard Paving | 1. No more than 50% of the front yard setback area may be covered with a combination of impervious or semi-pervious surfaces. 2. No more than 40% of the front yard setback area may be covered with an impervious surface such as concrete or asphalt. | |
| H. Corner triangle | Refer to Section 19.28.070(H) | |
| I. Basements | ||
1. Number, size, and volume of lightwells | Refer to section 19.28.070(I)(1) | |
2. Minimum setbacks for lightwell retaining walls | ||
a. Side Yard | Refer to Section 19.28.070(I)(2)(a) | |
b. Rear yard | Refer to Section 19.28.070(I)(2)(b) | |
3. Lightwell railings | Refer to Section 19.28.070(I)(3) | |
4. Lightwell screening | Refer to Section 19.28.070(I)(4) | |
5. Root barrier measures | Refer to Section 19.28.070(I)(5) | |
| J. Maximum height | ||
1. Total principal building height | Refer to Section 19.28.070(J)(1) | |
2. First floor building envelope | a. The maximum exterior wall height and building height on single-story structures and single-story sections of two-story structures must fit into the building envelope defined by: i. A 12 foot high vertical line from natural grade and located 10 feet from property lines; and ii. A 25 degree roof line angle projected inward at the 12 foot high line referenced above | |
3. Entry feature height | See Single-Family Residential Design Guidelines, Section 19.28.110(A)(7) | |
| K. Minimum setbacks for second story decks, patios, balconies, or any other similarly unenclosed features. Second story decks may only be located on the front and rear of the house. All new or expanded second story decks with views into neighboring residential side or rear yards shall file for a Minor Residential Permit in accordance with Chapter 19.12, in order to protect the privacy of adjoining properties. The goal of this permit requirement is not to require complete visual protection but to address privacy protection to the greatest extent while still allowing the construction and use of an outdoor deck. | ||
1. Front of house | ||
a. Minimum setback to front property line | 30 feet | |
b. Minimum setback to side property line | 35 feet combined (no side yard setback shall be less than 15 feet) | |
2. Rear of house | ||
a. Minimum setback to rear property line | 40 feet | |
b. Minimum setback to side property line | 35 feet combined (no side yard setback shall be less than 15 feet) | |
| L. Solar Design | Refer to Section 19.28.070(K) | |
| M. Refuse, recycling, and other containers | 1. A minimum of an 8-foot by 3-foot space per unit, not visible from the street, shall be provided in an interior yard, behind a fence. 2. This area shall not be concurrent with any emergency access pathway required by the Fire Department. | |
| N. Outdoor Lighting | 1. Shall comply with the requirements of Chapter 19.102. | |
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 25-2277, Exh. A (part), 2025)
28: SINGLE-FAMILY RESIDENTIAL R-1 ZONES
R-1 single-family residence districts are intended to create, preserve and enhance areas suitable for detached dwellings in order to:
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 1868, (part), 2001; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992)
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992)
Permitted, Conditional and Excluded Uses that may be conducted from property zoned Single Family Residential (R-1), are identified in Section 19.20.020.
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011)
Table 19.28.040 sets forth the planning permits required for development in the Single-Family Residential district.
Table 19.28.040 Permits Required
| Planning permit required prior to building permit application | Approval authority | Type of Project |
|---|---|---|
| A. None | Admin | Single-family projects that do not require exception or variance from the requirements of this ordinance |
| B. Minor Residential Permit, pursuant to Chapter 19.12, Administration | Admin |
|
| C. Director’s Minor Modification, pursuant to Chapter 19.12, Administration | Admin | Encroachment of porch elements into the required front yard setback in the R1-a zone, subject to the requirements of Section 19.28.100 |
| D. Residential Design Review, pursuant to Chapter 19.12, Administration | Admin. with design review | Two-story addition or new two-story home in all districts except R1-a where:
|
| PC | Two-story addition, new two-story home, and/or second story deck in the R1-a zone | |
| E. Exception, pursuant to Chapter 19.12, Administration & Section 19.28.130 , Exceptions | PC | One or two-story project requesting an exception from Sections 19.28.070 [Development Regulations (Building)], 19.28.080 [Eichler R1-e Building Design Requirements], and/or 19.28.110 [Landscape Requirements]. |
| F. Hillside Exception, pursuant to Chapter 19.12, Administration | Development (area greater than 500 square feet) on slopes greater than 30% | |
| G. Architectural and Site Approval, pursuant to Chapter 19.12, Administration | One or two-story addition or new home on a sloped single-family residential lot with development on building pads/graded areas with actual slopes equal to or greater than 20% and where the cut plus fill of the site exceeds 2,500 cubic yards | |
| H. Conditional Use Permit, pursuant to Chapter 19.12, Administration | Two-story addition or new two-story home in an R1 zoning district with an “i” suffix | |
| I. Single‐Story Overlay Application, pursuant to Chapter 19.12, District Administration | CC | Establishment or removal of a Single‐Story Overlay District in a Single Family Residential District (Addition or removal of the “I” suffix in an R1 zoning district) |
| J. Miscellaneous Ministerial Permit | Admin |
|
| K. Conditional Use Permit pursuant to Chapter 19.12, Administration | Admin | Duplex developments in a single structure on corner lots or on properties where the adjacent property (1) fronts an arterial or major collector and (2) is zoned and currently used for commercial or mixed-use development.
|
(Ord. 23-2247, § 1 (part), 2023; Ord. 22-2246, § III (part), 2022; Ord. 21-2235, § 3.8, 2021; Ord. 22-2238, § 3.8, 2022; Ord. 17-2162, § 6, 2017; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 23-2254, Att. A (part), 2023; Ord. 24-2261, § 1 (part), 2024)
| Zoning Designation | Zoning Definition |
|---|---|
| R1-X | Single Family Residential District - Minimum lot area corresponds to the number (X), multiplied by 1,000 square feet |
| R1-Xi | Residential Single Family Single-Story Overlay District to limit homes to One Story (not to exceed 18 feet high) - [minimum lot area corresponds to the number (X), multiplied by 1,000 square feet preceding the ‘i’ symbol]. May be combined with all R1 zoning designations. |
| R1-6e | Single Family Residential Eichler District (6,000 minimum lot area) |
| R1-a | Single Family Residential District with Semi-Rural Characteristics (10,000 square foot minimum lot area) |
(Ord. 17-2162, § 7, 2017; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011)
Table 19.28.060 sets forth the rules and regulations for site development in the Single - Family Residential District.
Table 19.28.060 Site Development Regulations
| R1-5 | R1-6, 7.5, 8, 10, 20, etc., and R1-6e | R1-a | |||
|---|---|---|---|---|---|
| A. Minimum net lot area1 | i. 5,000 square feet | ii. the number multiplied by 1,000 square feet | iii.10,000 square feet | ||
| iv. For lots created under the provisions of GovernmentCode Section 64411.7, each of the resulting lots shall have a lot area of at least 40% of the original lot being subdivided, with no lots less than 1,200 square feet. | |||||
| B. Minimum lot width (at the front setback line) | i. 50 feet | ii. 60 feet | iii. 75 feet | ||
| C. Landscaping | i. See Chapter 14.15, Landscape Ordinance ii. At least 50% of the front yard of any project approved pursuant to Chapter 19.28.150 shall be occupied by non-hardscape landscaping | iii. Landscaping plans are required for all additions or new homes. The purpose of the landscaping is to beautify the property and to achieve partial screening of building forms from the street and adjacent properties. Generally, the landscaping may include shrubbery, hedges, trees, or lattice with vines on fences iv. At least 50% of the front yard of any project approved pursuant to Chapter 19.28.150 shall be occupied by non-hardscape landscaping | |||
| D. Development proposed on building pads/graded area with slopes equal to or greater than 20% | |||||
1. Total site grading (cut plus fill)2,3 | i. 2,500 cubic yards maximum. ii. Projects that exceed the maximum quantity shall require Architectural and Site Approval per Section 19.28.040(G). iii. Total site grading shall be limited to 2,500 cubic yards for the entire site as calculated prior to subdivision. iv. Flat yard area created by grading areas that are sloped more than 10% shall be limited to 2,500 square feet, not including the driveway, as calculated prior to any subdivision. | ||||
2. Fences | See Chapter 19.48, Fence Ordinance | ||||
| E. Development on properties with an average slope greater than 10% shall comply with Sections 19.40.050 (F), (G), and (I) and Sections 19.40.060(E), (H), (I) and (J). | |||||
| F. Development (structures, improvements, or grading) | |||||
1. On actual slopes ≥ 30% | i. Limited to 500 square feet and subject to the requirements of Sections 19.40.050 (F), (G), and (I) and Sections 19.40.060 (E), (H), (I) and (J). ii. Development greater than 500 square feet shall be subject to a Hillside Exception by the Planning Commission in accordance with section 19.40.080 of the RHS Ordinance. iii. In all cases, the following shall apply: a. Change in grade elevation shall be limited to the minimum extent necessary to ensure adequate drainage and access as demonstrated by a grading and drainage plan prepared by a registered civil engineer. b. Split level designs shall be used to avoid additional change in grade elevation. c. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the existing grading and drainage pattern of the site. d. Unless required by the City Engineer, development shall not result in a finished floor more than 36 inches above finished grade. | ||||
| G. On-site improvements | All properties shall provide a 4.5 foot wide pathway, a 4.5 foot wide planting strip, curb and gutter, curb cut, AC pavement, and underground utilities at the street as follows: 1. Detached pathway when a property on either side of the subject property has a detached pathway; 2. Monolithic pathway when a property on either side of the subject property has a monolithic pathway 3. When properties on either side of the subject property do not have a pathway, a pathway that matches the pre-dominant pattern of pathways on the street, as determined by the City Engineer, shall be provided, unless the subject property has a “semi-rural” designation adopted by City Council resolution. 4. The City Engineer shall adopt any objective standard necessary to implement the requirements of this paragraph. | ||||
| H. Curb Cuts | 1. For interior lots with a street frontage of 35 feet or less, no more than a one-car-wide curb cut shall be permitted. A distance of at least 22 feet shall be provided between two, one-car-wide curb cuts, else, a shared driveway with, no more than a two-car curb cut may be provided. 2. Unless subject to subsection (3) below, for interior or pieshaped lots with a street frontage of more than 35 feet: a maximum of a two-car curb cut is permitted provided a distance of at least 22 feet is provided between existing and proposed driveway flares, else the curb cut shall be limited to a one-car curb cut. 3. When a subdivision results in a flag lot, the two resulting lots shall share vehicular access off of the access area of the resulting flag lot, unless one of the lots is an interior lot with at least 50 feet of street frontage. A maximum two-car curb cut is permitted at the right-of-way. No other curb cuts shall be permitted. 4. Where a shared driveway (not through a flag lot) is proposed: i. No additional curb cuts shall be permitted. ii. 50% of the width of the shared driveway curb cut shall be on each property. iii. A maximum two-car curb cut shall be permitted. 5. On lots where an existing residence is retained on the site of a subdivision, an existing curb cut of not more than 18 feet in width may remain when providing exclusive access to the existing residence. 6. A maximum 18’ wide car curb cut is allowed when a two-car curb cut is permitted. 7. A maximum 12’ wide curb cut is allowed when a one-car curb cut is permitted. | ||||
| I Driveways | 1. When a subdivision results in a flag lot, the access area shall be a minimum of 20 feet and a maximum of 25 feet in width, comprising a minimum 16-foot drive aisle and a minimum 2-foot-wide landscaping planter on either side. 2. Where shared driveway access through a flag lot is required and would provide access to new development, the driveway access for the front lot shall be located in the rear 50% of the property. 3. A one-car driveway shall be a minimum of 10 feet in width and a maximum of 12 feet in width. 4. A two-car driveway shall be a maximum of 20 feet in width. Any third or more driveway spaces shall be in tandem. 5. Subparagraphs 3 and 4 do not apply to the flag lot access area. 6. When shared access is proposed, a covenant, necessary for appropriate ingress and egress easements, shall be recorded prior to final parcel map recordation. 7. A maintenance agreement shall be recorded to ensure shared maintenance of any shared access easements, stormwater treatment, landscaping, and private utilities, prior to final parcel map recordation. | ||||
| J. Easement and Covenants | 1. Utility easements shall be recorded prior to final parcel map recordation. 2. A covenant necessary for maintenance of stormwater treatment facilities shall be recorded prior to final map recordation. | ||||
| K. Public Improvements | If no dedication was required for the creation of a lot, any future development project shall include a dedication to accommodate the predominant public right-of-way, as determined by the City Engineer, abutting the corresponding lot line and frontage improvements, including curb, gutter and sidewalk, which shall be installed by the applicant at his or her expense. | ||||
| L. Private Open Space | Each unit must provide at least 15% of the unit floor area as private open space on the first floor, with no dimension less than 10 feet. Private open space shall not be located in the required front yard setback area. | ||||
Notes: 1. Lots, which contain less area than required by its zoning designation, but not less than 5,000 square feet, may nevertheless be used as building sites, provided that all other applicable requirements of this title are fulfilled. 2. Maximum grading quantity includes grading for the building pad, yard areas, driveway, and all other areas requiring grading, but does not include basements. The graded area shall be limited to the building pad area to the greatest extent possible. Grading quantities for multiple driveways are divided equally among the participating lots, e.g. two lots sharing a driveway will divide the driveway grading quantity in half. The divided share will be charged against the grading quantity allowed for that lot development. 3. All cut and fill areas shall be rounded to follow the natural contours and planted with landscaping that meets the following requirements: i. A landscape plan shall be prepared that addresses measures to prevent soil erosion and to screen cut and fill slopes. ii. A tree planting plan shall be prepared for the site which will screen grading areas, and residential structures, to the greatest possible extent, as well as to reintroduce trees on barren slopes which were denuded by prior agricultural activities. iii. Landscape improvements shall meet the requirements as established in the Landscape Ordinance, Chapter 14.15. iv. Landscape improvements shall be installed prior to final occupancy unless such installation is impracticable, in which case, the applicant shall post a bond, cash, or other security to ensure installation within an 18-month period from occupancy. All such landscape areas shall be properly maintained. | |||||
(Ord. 22-2246, § III (part), 2022; Ord. 22-2238, § 3.9, 2022; Ord. 21-2235, § 3.9, 2021; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 25-2277, Exh. A (part), 2025)
Table 19.28.070 sets forth the rules and regulations pertaining to the development of structures on property zoned R1-5, 6, 7.5, 8, 10, 20 etc., and R1-6e in the Single-Family Residential District.
Table 19.28.070 Building Development Regulations
| Table 19.28.070 Building Development Regulations | R1-5 | R1-6, 7.5, 8, 10, 20, etc., and R1-6e |
|---|---|---|
| A. Maximum lot coverage | 1. 45% of the net lot area, however, a housing development project on a lot having a slope 30% or greater shall not exceed the floor area allowed under Chapter 19.40. a. An additional 5% is allowed for roof overhangs, patios, porches, and other similar features not enclosed on by walls on at least three (3) sides | |
| B. Maximum floor area ratio | 1. 45% of the net lot area | |
| C. Maximum second to first floor ratio | 1. No limit. See Section 19.28.040(D)(1) for permitting requirements. Homes subject to design review shall comply with the design review principles in Section 19.28.110(C). | |
| D. Interior areas (measured from the floor to the top of roof rafters) with heights > 16 feet | 1. Floor area shall be double-counted as follows: a. For one-story homes, the floor area shall be double-counted as first floor area. b. For two-story homes, the floor area shall be counted once each for first floor and second floor area. | |
| E. Minimum first floor setbacks | ||
1. Front yard | ||
a. Minimum setback | 20 feet | |
b. Side entering garage with curved driveway | 15 feet. No more than two (2) 15-foot setbacks shall occur side by side. | |
c. Three-car garage | For projects with three-car garages oriented to the public right of way, the wall plane of the third space shall be setback a minimum of two (2) feet from the wall plane of the other two (2) spaces. | |
2. Side yard For lots that have more than two side yards, the setback shall be consistent for all side yards between the front property line and rear property line | ||
a. Interior lot | 5 feet on both sides | 15 feet combined (no side yard setback shall be less than 5 feet) |
b. Corner lot | ||
i. Interior side | 5 feet | |
ii. Street side | 12 feet | |
3. Rear yard | a. 20 feet i. May be reduced to 10 feet, with a Minor Residential Permit, subject to Chapter 19.12, if, after the reduction, the usable rear yard area is not less than 20 times the lot width as measured from the front setback line. | |
| F. Minimum second floor setbacks | ||
1. Front yard | 25 feet | |
2. Side yard | ||
a. Interior Lot | 25 feet combined (no side yard setback shall be less than 10 feet) i. See Section 19.28.040(D)(2) for permitting requirements. Homes subject to design review shall comply with the design review principles in Section 19.28.110(C). | |
b. Corner lot | 25 feet combined side yard setback (no side yard setback shall be less than 10 feet) | |
i. Interior Side | 10 feet but not less than 20 feet from the rear property line of an adjacent single family dwelling A. See Section 19.28.040(D)(2) for permitting requirements. Homes subject to design review shall comply with the design review principles in Section 19.28.110(C). | |
ii. Street Side | 12 feet | |
c. Flag lot | 20 feet from any property line | |
3. Rear yard | 25 feet | |
| G. Minimum setbacks for second story decks, patios, balconies, or any other similarly unenclosed features. All new or expanded second story decks with views into neighboring residential side or rear yards shall file for a Minor Residential Permit in accordance with Chapter 19.12, in order to protect the privacy of adjoining properties. The goal of this permit requirement is not to require complete visual protection but to address privacy protection to the greatest extent while still allowing the construction and use of an outdoor deck. | ||
1. Front yard | 20 feet (may encroach up to 3 feet into the required front yard setback) | |
2. Side yard | 15 feet | |
3. Rear yard | 20 feet | |
| H. Corner triangle | No portion of a structure shall be located within a corner triangle. | |
| I. Basements | ||
1. Number, size, and volume of lightwells | a. Shall be the minimum required by the California Residential Building Code for egress, light, and ventilation, unless the basement area is counted towards floor area, except that in the case of a single-story house with a basement, one lightwell may be up to 10 feet wide and 10 feet long. | |
2. Minimum setback for lightwell retaining walls and basements | ||
a. Front Yard | Same as underlying zoning district | |
b. Side Yard | 5 feet | |
c. Rear Yard | 10 feet | |
3. Lightwell railings | Maximum height of three feet, six inches. The railing shall be located immediately adjacent to the lightwell. | |
4. Lightwell screening | Lightwells that are visible from a public street shall be screened by landscaping. | |
5. Root barrier measures | The perimeter of all basements and lightwells shall be treated and/or reinforced with the most effective root barrier measures as determined by an ISA certified Arborist in conjunction with recommendations from a certified Structural Engineer. | |
| J. Maximum height | ||
1. Total principal building height | 28 feet, no more than two stories | |
2. Zoning Districts with “i” suffix1 | Limited to one story (not to exceed 18 feet) | |
3. First floor and Second Floor building envelopes | a. The maximum exterior wall height and building height on single-story structures and single-story sections of two-story structures must fit into the building envelope defined by: i. A 10-foot-high vertical line from natural grade measured at the property line; and ii. A 25 degree roof line angle projected inward at the 10 foot high line referenced above; b. Notwithstanding the building envelope, a gable end of a roof enclosing an attic space may have a maximum wall height of 17 feet to the peak of the roof as measured from natural grade, or up to 20 feet with a Minor Residential permit subject to Chapter 19.12. c. Second-story building envelope: All the maximum exterior wall height and building height on two-story sections of two-story structures must fit into the building envelope defined by: i. A 16-foot-high vertical line from natural grade measured at the property line; and ii. A 25-degree roof line angle projected inward at the 16-foot-high line referenced above. | |
4. Entry feature height | 14 feet from natural grade to top of plate | |
| K. Solar Design | The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes, provided that no such structure shall infringe upon solar easements or adjoining property owners. Variation from the setback or height restrictions of this chapter may be allowed only upon issuance of a Minor Residential Permit subject to Chapter 19.12. | |
| L. Refuse, recycling, and other containers | 1. A minimum 8-foot by 3-foot space per unit, not visible from the street, shall be provided in an interior yard behind a fence. 2. This area shall not be concurrent with any emergency access pathway required by the Fire Department. | |
| M. Outdoor Lighting | 1. Shall comply with the requirements of Chapter 19.102. | |
Note: 1. Pertains to all buildings in a designated area limited to one story in height (not exceeding 18 feet) as prescribed by the City Council by affixing the designation “i” to the zoning district symbol. | ||
(Ord. 17-2165, § 9, 2017; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 25-2277, Exh. A (part), 2025)
R1-e single-family residential “Eichler districts” protect a consistent architectural form through the establishment of district site development regulations. Nothing in these regulations is intended to preclude a harmonious two-story home or second story addition.
The following building design requirements shall be met for development in the R1-e district:
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011)
R1-a districts are intended to reinforce the semi-rural setting in neighborhoods with large lots. Variation from the R1-a regulations shall require a Variance pursuant to Chapter 19.156 of the Cupertino Municipal Code in the R1-a district.
Table 19.28.100 sets forth the rules and regulations for permitted yard encroachments in the Single- Family Residential district.
| Table 19.28.100 Permitted Yard Encroachments | |
|---|---|
| A. Extension of a legal non-conforming wall line |
|
| B. Architectural Features (not including patio covers) |
|
| C. Porch post in the R1-a zone | Posts for porches are allowed to encroach 2 feet into the required front setback. See Section 19.28.040 for permit requirements. |
| D. Low, open fencing for porches in the R1-a zone | Allowed to encroach 2 feet into the required front setback area. See Section 19.28.040 for permit requirements. |
| E. Porch platform and roof overhang in the R1-a zone | May encroach 5 feet into the required front setback. See Section 19.28.040 for permit requirements. |
| F. Accessory Structures (including attached patio covers) | As allowed by Chapter 19.100, Accessory Structures |
Notes:
| |
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011)
Any new single-family residential house or addition to an existing house shall be generally consistent with the adopted single-family residential guidelines in Sections 19.28.110(A) and (B).
Notes:
1 Refer to the Eichler Design Handbook- Fairgrove Neighborhood for additional design guidelines in the R1-6e zone.
2 Nonconformance with the design guidelines in the R1-a zone shall be considered acceptable only if the applicant shows that there are no adverse impacts from the proposed project.
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 23-2254, Att. A (part), 2023; Ord. 25-2277, Exh. A (part), 2025)
To mitigate privacy impacts and the visual mass and bulk of new two-story homes and additions, tree and/or shrub planting is required. The intent of this section is to provide substantial screening of views into neighboring residential side or rear yards within three years of planting, in order to protect the privacy of adjoining properties.
(Ord. 16-2149, § 6, 2016; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 25-2277, Exh. A (part), 2025)
Where results inconsistent with the purpose and intent of this chapter result from the strict application of the provisions hereof, exceptions to Sections 19.28.070, 19.28.080, and 19.28.110 may be granted by the Planning Commission. The specific procedural requirements shall follow Chapter 19.12.
(Ord. 23-2247, § 1 (part), 2023; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011); Ord. 25-2277, Exh. A (part), 2025)
Sections 19.28.140(A), (B), (C), (D), and (E) set forth the findings required for a Minor Residential Permit, Two-Story Permit, Residential Design Review, and R-1 Exception approval.
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 23-2254, Att. A (part), 2023)
| 1. Development Standards (Gov. Code, § 65852.21) | a. Units shall not exceed 800 square feet per unit and shall comply with Paragraph B, above.; or b. Units exceeding 800 square feet may be permissible if compliant with the following: i. Cumulative Floor Area Ratio and Lot Coverage of the applicable zoning district (i.e. R1, R1-a, R1-e, or R1-i); and ii. The requirements of Paragraph B; and iii. Subparagraphs 2 through 16 of this Paragraph. c. If the site has been occupied by a tenant in the last three years, no alteration or demolition of an existing unit shall occur. |
| 2. Second to First Floor Area Ratio: | a. The ratio of the second story to first story floor area shall not exceed 66% in all R1 zoning districts except the R1-a district. b. In the R1-a zoning district: See Section 19.28.090 (C). |
| 3. Interior Areas | a. See Section 19.28.070 (D) |
| 4. Setbacks: | a. Minimum first-story front setback is 20 feet, unless otherwise required in a tract map or zoning map except that: i. In the R1-a zoning district, the required minimum setback is 30 feet. b. Minimum second-story front setback is 25 feet except that: i. In the R1-a zoning district, the required minimum setback is 30 feet. c. Minimum first- and second-story side and rear setbacks shall be four feet each; provided, however, that: i. No setbacks shall be required for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure. ii. No new or expanded structures shall encroach upon any existing public or private utility easements. iii. No setback shall be required from a shared new side lot line between the two new lots created pursuant to an Urban Lot Split under Government Code Section 66411.7 when: 1. More than one new primary dwelling unit is approved concurrently with an Urban Lot Split; and 2. Units with a zero-foot setback are developed concurrently; and 3. All other side yard setbacks are a minimum of five feet on the first story and 10 feet on the second story; and 4. The entirety of wall faces along the shared property line are structurally attached; and 5. Structures along the new shared property line are no more than zero feet or less than four feet. iv. The required building envelope shall not apply to the portions of structures with a zero-foot setback. d. Corner Triangle: No portion of a structure shall be located within a corner triangle, provided that in no case shall a side yard setback of more than four feet be required. e. Detached structures: Detached structures located on the same lot shall have a setback of five feet as measured between the eaves of the two structures. |
| 5. Maximum height: | a. Principal Dwelling units are limited to 28 feet in height and no more than two stories except that: i. In R-1 Zoning Districts with “i" suffix, buildings shall be limited to one story (not to exceed 18 feet). b. First-story building envelope: See Section 19.28.070 (J) (3). i. Second-story building envelope: See Section 19.28.070 (J) (3). c. Notwithstanding subsections (b) and (c) above, portions of the structures developed utilizing the provisions of subsection (4)(c) above, do not have to meet the first story or second story building envelope requirements. |
| 6. Basements: | Allowed, subject to the requirements outlined in Section 19.28.070 (I). |
| 7. Landscaping and Privacy Protection: | a. Landscaping: All proposed landscaping shall meet the requirements of Chapter 14.15 of the Municipal Code. b. Front Yard Tree Required: Shall be provided in the same manner as required pursuant to Section 19.28.120. c. Privacy Protection Planting: shall be provided in the same manner as required pursuant to Section 19.28.120. |
| 8. Private open space: | See Section 19.28.110 (A) (12). |
| 9. Permitted yard encroachments: | a. Front entry features may encroach into a required front yard setback up to three feet. b. Architectural features may extend into a required yard a distance not exceeding three feet. c. No architectural feature, or combination thereof, whether a portion of a principal or accessory structure, may extend closer than three feet to any property line. |
| 10. Second story decks, balconies, or similar features | Minor Residential Permit required consistent with Section 19.28.070 G. |
| 11. Design Standards: | a. See Sections 19.28.060, 19.28.070, and 19.28.110 (A). |
| 12. Accessory buildings/structure: | a. Allowed pursuant to the requirements of Chapter 19.100, except that Accessory Dwelling units or Junior Accessory Dwelling units shall not be permitted on any lot in the R-1 zoning district if a lot split has been approved pursuant to Section 18.12.170 and one or more unit(s) has been approved for construction pursuant to this Section on each resulting lot. |
| 13. Refuse, recycling, and other containers | See Section 19.28.070 (L) and 19.28.090 (M). |
| 14. Parking | a. Units shall have at least one off-street parking space, except that parking requirements shall not be imposed in either of the following instances: i. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155(b) Code, or of a major transit stop, as defined in Public Resources Code Section 21064.3. ii. There is a car share vehicle located within one block of the parcel. b. Each parking space shall be provided in an enclosed garage encompassing a 10’ by 20’ space, unobstructed (i.e., by walls, appliances, etc.) between six inches from finished floor up to six feet from finished floor. c. When additional enclosed parking space(s) is/are provided, the space(s) shall meet the requirements of Chapter 19.124. |
| 15. Driveway and curb cuts: | Subject to the requirements of Sections 19.28.070 (G) and 19.28.070 (H). |
| 16. Short Term Rentals Prohibited: | No residential unit created pursuant to this Section may be rented for a term of 30 days or less. |
(Ord. 22-2246, § III (part), 2022; Ord. 22-2238, § 3.10, 2022; Ord. 21-2235, § 3.10, 2021; Ord. 25-2277, Exh. A (part), 2025)
| Table 19.28.090 Development Regulations(R1-a) | R1-a (First floor) | R1-a (Second floor) |
|---|---|---|
| A. Maximum lot coverage | Refer to Section 19.28.070(A) | |
| B. Maximum total floor area ratio | Refer to Section 19.28.070(B) | |
| C. Maximum second to first floor area ratio | 1. 40% of the existing or proposed first floor area or 750 square feet, whichever is greater, except as follows: a. In no case shall a second floor be more than 1,100 square feet in area | |
| D. Interior areas (measured from the floor to the top of roof rafters) with heights > 16 feet | Refer to Section 19.28.070(D) | |
| E. Minimum setbacks (measured from property line) | ||
1. Front yard | ||
a. Minimum setback | 30 feet | 30 feet |
b. Side entering garage with curved driveway | Refer to Section 19.28.070(E)(1)(b) | |
2. Side Yard | ||
a. Interior lot | 10 feet both sides | 35 feet combined (no side yard setback shall be less than 15 feet) |
b. Corner lot | 25 feet combined side yard setback | |
i. Interior side | 10 feet | 15 feet and must not be less than 20 feet from the rear property line of an adjacent single family dwelling |
ii. Street side | Refer to Section 19.28.070(E)(2)(b)(ii) | Refer to Section 19.28.070(F)(2)(b)(ii) |
c. Flag lot | 20 feet from any property line | |
3. Rear yard | 20 feet | 40 feet |
| F. Second story design regulations | ||
1. Second to first floor wall plane | The second story shall not cantilever over a first story wall plane. | |
2. Front-facing wall plane(s) | The front-facing wall plane(s) of the second story must be offset a minimum of 3 feet from the first story wall plane(s). The intent of this regulation is to avoid a two story wall plane on the front elevation. | |
| G. Front Yard Paving | 1. No more than 50% of the front yard setback area may be covered with a combination of impervious or semi-pervious surfaces. 2. No more than 40% of the front yard setback area may be covered with an impervious surface such as concrete or asphalt. | |
| H. Corner triangle | Refer to Section 19.28.070(H) | |
| I. Basements | ||
1. Number, size, and volume of lightwells | Refer to section 19.28.070(I)(1) | |
2. Minimum setbacks for lightwell retaining walls | ||
a. Side Yard | Refer to Section 19.28.070(I)(2)(a) | |
b. Rear yard | Refer to Section 19.28.070(I)(2)(b) | |
3. Lightwell railings | Refer to Section 19.28.070(I)(3) | |
4. Lightwell screening | Refer to Section 19.28.070(I)(4) | |
5. Root barrier measures | Refer to Section 19.28.070(I)(5) | |
| J. Maximum height | ||
1. Total principal building height | Refer to Section 19.28.070(J)(1) | |
2. First floor building envelope | a. The maximum exterior wall height and building height on single-story structures and single-story sections of two-story structures must fit into the building envelope defined by: i. A 12 foot high vertical line from natural grade and located 10 feet from property lines; and ii. A 25 degree roof line angle projected inward at the 12 foot high line referenced above | |
3. Entry feature height | See Single-Family Residential Design Guidelines, Section 19.28.110(A)(7) | |
| K. Minimum setbacks for second story decks, patios, balconies, or any other similarly unenclosed features. Second story decks may only be located on the front and rear of the house. All new or expanded second story decks with views into neighboring residential side or rear yards shall file for a Minor Residential Permit in accordance with Chapter 19.12, in order to protect the privacy of adjoining properties. The goal of this permit requirement is not to require complete visual protection but to address privacy protection to the greatest extent while still allowing the construction and use of an outdoor deck. | ||
1. Front of house | ||
a. Minimum setback to front property line | 30 feet | |
b. Minimum setback to side property line | 35 feet combined (no side yard setback shall be less than 15 feet) | |
2. Rear of house | ||
a. Minimum setback to rear property line | 40 feet | |
b. Minimum setback to side property line | 35 feet combined (no side yard setback shall be less than 15 feet) | |
| L. Solar Design | Refer to Section 19.28.070(K) | |
| M. Refuse, recycling, and other containers | 1. A minimum of an 8-foot by 3-foot space per unit, not visible from the street, shall be provided in an interior yard, behind a fence. 2. This area shall not be concurrent with any emergency access pathway required by the Fire Department. | |
| N. Outdoor Lighting | 1. Shall comply with the requirements of Chapter 19.102. | |
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 25-2277, Exh. A (part), 2025)