City of Cupertino, CA
Home MenuResidential Hillside Development
The Residential Hillside (RHS) Ordinance regulates single family residential development in the hillside zones in a manner that preserves the natural setting of the hillsides.
The ordinance incorporates performance standards and specific regulations to ensure that the utilization of land for residential uses is balanced with the need to conserve natural resources and protect life and property from natural hazards.
Development that meets the regulations of the RHS ordinance may be permitted through the building permit process. However, in some cases, if an exception to any of the regulations is required to develop the property, a public hearing with the Planning Commission may be necessary.
Development in the RHS zone requires several studies including, but not limited, to arborist reports and geotechnical reports prior to project approval. These reports are peer reviewed by the City's consultants.
For projects that need a public hearing, once the project is deemed complete, please fill out the application form and pay the fees online or at the Planning Counter. Your Project Planner will inform you of the hearing date.
RHS Development Standards
The calculation of the maximum allowable floor area in the RHS zone is dependent on the lot area, and the average slope of the net lot area. The size of all development on property zoned RHS may not exceed 6,500 sq. ft. regardless of the lot area and average slope of the property.
Area |
90,000 sq. ft. |
Creek Easement | 12,500 sq. ft. |
Driveway Easement |
2,500 sq. ft. |
Lot Area = Area |
90,000 sq. ft. |
Average Slope of Net Lot Area The average slope must be calculated by a civil engineer. |
20% (0.2) |
Slope Adjustment Factor = (1 - (1.5 x (Average Slope of Net Lot Area - 0.1))) On lots with slopes of over 10%, the allowable floor area is reduced by 1.5% for each percent of slope over 10%. |
(1 - (1.5 x (0.2 - 0.1))) = 0.85 |
Maximum allowable floor area is the lesser of:
OR
|
Lesser of:
OR
Therefore, Maximum Allowable Floor Area is limited to: 6,500 sq. ft. |
Setbacks
Slope |
Minimum Front Yard Setback |
Minimum Rear Yard Setback |
Minimum Side Setback |
Maximum Building Height |
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Interior Lot Side Setback |
Street Side on Corner Lot |
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First Story |
Second Story |
Third Story |
First Story |
Second Story |
Third Story |
First Story |
Second Story |
Third Story |
First Story |
Second Story |
Third Story |
||
≤20% |
20’ |
25’ |
25’ |
20’ |
25’ |
25’ |
10’ |
15’ |
20’ |
15’ |
15’ |
20’ |
30’ |
> 20% |
10’ |
25’ |
25’ |
20’ |
25’ |
25’ |
10’ |
15’ |
20’ |
15’ |
15’ |
20’ |
30’ |
Decks |
N/A |
17’ |
17’ |
N/A |
20’ |
20’ |
N/A |
15’ |
15’ |
N/A |
15’ |
15’ |
30’ |
The RHS ordinance also regulates subdivisions, grading, driveways, accessory structures, fences, outdoor lighting and color scheme. Please read carefully and contact the Planning Division with any questions.
Fences - Fence requirements are different in the RHS zones than in other residential areas.
Driveway gates - Gates may be used to control access to private roads and driveways in the RHS zones as long as the Director of Community Development approves of the design.