Skip to page body Home About Cupertino In the News Living LDoing Business City Services I Want To

Single Family Residential (R1) Ordinance

Notice of Public Hearing

Limited Review of Single  Family Residential (R1) Ordinance 

On February 15, 2011, the City Council initiated a limited review of the Single Family Residential (R1) Ordinance. The Cupertino Planning Commission and City Council held public hearings for this review of the Single Family Residential (R1) Ordinance (Chapter 19.28 of the Cupertino Municipal Code) on July 12, August 2 and August 16, 2011.

On August 16, 2011, the City Council conducted the second reading of limited amendments to the Single-Family Residential (R1) Ordinance, which will be effective starting September 17, 2011. Click here for the amended ordinance.

The ordinance amendments are summarized as follows:

o Two-Story Design Review:

  • Require design review only for two-story projects that exceed 66% second to first floor area ratio and/or second story setbacks less than 15 feet to an interior side property line.
  • Removed the existing second story exposed wall and second story setback surcharge rules.
  • Clarified that the 66% second to first floor area design review threshold does not apply to second story developments on building pads/graded areas with actual slopes equal to or greater than 20%. Instead, design review would only be required for two-story projects with second story setbacks that are less than 15 feet to an interior side property line.

o Public Noticing:

  • Require only adjacent and across the street noticing and send only site and elevation plans to affected neighbors, while still requiring site signs for two-story projects.

o Story Poles:

  • Removed story pole requirements for two-story projects and require either a black and white three-dimensional photo simulation or a perspective rendering.

o Standards for Sloped Single-Family Lots:

  • Apply the following requirements to single-family residential lots with development on building pads/graded areas with actual slopes of 20% or greater:
  • Continue to require Planning Commission review if site grading quantities exceed 2,500 cubic yards (cut plus fill).
  • The maximum floor area of all structures on a lot is 45%. Homes with a total floor area ratio greater than 35% shall require a Minor Residential Permit approval by the Director of Community Development.
  • Second to first floor ratio is not limited, provided that the total lot floor area ratio is not exceeded. Second story developments with second story setbacks less than 15 feet measured to an interior side property line will require design review.
  • All new or expanded second story decks with views into neighboring residential side or rear yards shall require Minor Residential Permit approval by the Director of Community Development.
  • Fencing shall follow the requirements of the City’s Fence Ordinance. However, fences that are widely visible to public view and create impacts on the visual character of an area shall comply with the RHS fencing requirements regardless of lot size.

For additional information, please contact George Schroeder with the Cupertino Planning Department at 408-777-7601 or by e-mail at georges@cupertino.org.

Related Resources

Current R1 Ordinance

Last updated: 9/2/2011 3:10:51 PM