This information from the Cupertino Municipal Code (CMC) Chapter 19.28 R1 Ordinance is applicable to:

• Alterations or additions to the first story of an existing home or
• Construction of a new single story home

One-story projects that do not require exception or variance from the R1 Ordinance, do not require a planning permit may be submitted directly to the Building Division for building permits. See Table 19.28.040 from the R1 Ordinance to determine which planning permits may be needed, and select the appropriate forms.

R1 Development Standards

(a) Buildings in an ‘i’ zoning designation are limited to one story and restricted to 18’.

(b) Recorded easements in a Title Report or Parcel/Tentative Map that result in larger setbacks take precedence over setbacks stipulated in the Ordinances.

(c) The front yard setback for a side-loading garage with a curved driveway may be reduced to 15’ (CMC Chapters 19.08.030 and 19.28.070 (E)(1)(b)).

(d) First story rear yard setback may be reduced to 10’ with approval of a Minor Residential Permit provided that the area of the rear yard is equal to or exceeds 20 times the width of the lot at the front setback line. The width of the lot is measured at 20’ from the front property line (CMC Chapter 19.28.070 (E)(3)(a)(i)). Visit the FAQ page for information on Usable Rear Yard or check the Municipal Code. 

(e) Interior side yard setbacks may be reduced to 10’ subject to Residential Design Review approval (CMC Chapter 19.28.040(E)(2)). 

First Story Setbacks

Design Guidelines

• There should not be a three-car wide curb cut;
• No more than 50% of the front elevation of a house should consist of garage area;
• Living area should be closer to the street, while garages should be set further back;
• All roofs should have at least a one-foot overhang; and
• Porches are encouraged

Minor Residential Permit

Under certain conditions, you will need to apply for a Minor Residential Permit.  This involves neighborhood noticing and a review process with the Planning Department. Some of the conditions under which you need to apply for a minor residential permit are:

1. Extension of the legal nonconforming wall plane
2. Extension of a gable end enclosing attic space with a height above 17 feet and up to 20 feet out of 
    the building envelope
4. Encroachments in to the rear yard setback
5. Modifications to setback and height restrictions due to solar design
6. Second story decks

Use this form to apply for a Minor Residential Permit: Minor Residential Permit Form.