Building a Custom Home in Cupertino: R1 Size Limits, Setbacks, Design Review and Cost

Last updated: November 2026

Short answer: A new custom home in Cupertino is governed by the city's R1 rules: a floor area ratio of 45 percent of net lot area, 45 percent lot coverage, a 28-foot height limit and a maximum of two stories. A second story is set back 25 feet from the front and rear and 25 feet combined at the sides, and it triggers design review when it exceeds 66 percent of the first floor. On a typical 7,500-square-foot lot, that caps the house at about 3,375 square feet before any basement.

Most Cupertino custom homes replace an older ranch house on a flat lot, so the design challenge is fitting the most livable space into a tight envelope. The sections below walk through the numbers, the review path and the cost, with the city code section behind each rule.

What should you know before building a custom home in Cupertino?

Start with the market. Cupertino's median sale price was $2,848,643 across all home types in September 2026, down 6.9 percent year over year, and homes sold in about 10 days with roughly four offers on average over the prior three months. [Source: Redfin 2026] For many families, buying an older home and rebuilding is the practical way to get a new house in the neighborhood they want.

Next, confirm your zoning district. Cupertino's single-family zones are named by minimum lot size: R1-5 requires 5,000 square feet, R1-7.5 requires 7,500, R1-10 requires 10,000, and R1-a lots start at 10,000 square feet with a 75-foot minimum width. [Source: Cupertino Municipal Code 19.28.060] The district sets the review path, and an "i" suffix changes everything, as the next section explains.

Our comparison of teardown versus remodel helps decide whether rebuilding beats renovating the house you already own.

How big can a new home in Cupertino be?

The R1 code caps total floor area at 45 percent of net lot area and lot coverage at 45 percent, with an additional 5 percent allowed for roof overhangs. [Source: City of Cupertino 2026] Here is what that means on common lot sizes.

Floor area at 45% per Cupertino Municipal Code 19.28.070. The split shows the largest second floor that stays at or under the 66% design review threshold. Calculations by Craftsmen's Guild.

Height is capped at 28 feet, with no more than two stories. [Source: Cupertino Municipal Code 19.28.070] In a district with an "i" suffix, homes are limited to one story and 18 feet, and creating or removing that overlay requires evidence that at least 75 percent of homes in the area are single-story plus a petition signed by at least two-thirds of owners. [Source: Cupertino Municipal Code 19.28.050] Check for the suffix before you buy.

What setbacks apply to a second story in Cupertino?

Second stories are pulled in from every side. The code sets a 25-foot front setback, a 25-foot rear setback, and 25 feet combined at the interior sides with no side under 10 feet. [Source: Cupertino Municipal Code 19.28.070] Second-story decks and balconies need 20 feet at the front and rear and 15 feet at the sides.

The building envelope adds a third dimension. Single-story homes, and the single-story sections of two-story homes, must fit within an envelope that starts as a 10-foot vertical line at the property line and slopes inward at 25 degrees. A gable end may reach 17 feet to the peak, or 20 feet with a Minor Residential Permit. Interior space taller than 16 feet from the finished floor to the rafters counts twice toward floor area, so double-height rooms use up the floor-area budget quickly. [Source: City of Cupertino 2026]

Source: Cupertino Municipal Code 19.28.070 and 19.28.090.

R1-a lots are stricter. There, a second story needs 30 feet at the front, 35 feet combined at the sides with no side under 15 feet, and 40 feet at the rear, and second-story decks are limited to the front and rear of the house. [Source: Cupertino Municipal Code 19.28.090]

Basements are the usual answer when the envelope runs out. The city excludes a basement from floor area when its lightwells conform to the code. Our guide to basement construction on the Peninsula covers groundwater, shoring and cost.

When does a two-story Cupertino home need design review?

Design review is triggered by proportion and placement. Under the city's permit table, a two-story home needs administrative design review when the second floor is more than 66 percent of the first floor, or when a second-story side setback is under 15 feet to an interior property line. [Source: City of Cupertino 2026] The city's consulting architect performs that review, and requests for exceptions go to the Design Review Committee after neighbor notice and a public hearing.

Some lots take a longer path. A new two-story home in the R1-a zone goes to the Planning Commission. On sloped lots, development of more than 500 square feet on slopes greater than 30 percent needs a hillside exception, and grading over 2,500 cubic yards requires architectural and site approval. [Source: Cupertino Municipal Code 19.28.040] If your lot sits in the foothills, confirm its slope before design begins.

Staying at or under the 66 percent ratio, with side setbacks of 15 feet or more, keeps most flat-lot projects on the simplest path. Our explainer on Cupertino permits covers what follows once planning approval is in hand.

What privacy rules apply to second-story windows in Cupertino?

Cupertino protects neighbors' yards with planting. Privacy trees or shrubs are required within a 30-degree cone of vision from the window jamb for second-story side or rear windows with a sill height of five feet or less and clear glazing or an operable sash, and for second-story decks. [Source: City of Cupertino 2026] A neighbor can waive the requirement using the city's waiver form.

This shapes the second-floor plan more than most owners expect. Bedrooms with side windows either get higher sills, obscured glass or planting, and a second-story deck needs a Minor Residential Permit that notifies neighbors. Site signage must also be posted during the public comment period. We plan window placement and the landscape plan together, since the code requires landscaping plans for all new homes.

What does a custom home in Cupertino cost to build?

Our 2026 Bay Area custom home cost guide puts upscale construction at $500 to $750 per square foot. At the 3,375-square-foot maximum on a 7,500-square-foot lot, that is roughly $1.7 million to $2.5 million for the house itself, before demolition, site work, a basement, design fees and permits.

The land is usually the larger number. With the median Cupertino sale at $2,848,643 in September 2026 [Source: Redfin 2026], a lot plus a new house commonly lands well above $4 million all in. Before you buy, our checklist for buying a teardown on the Peninsula covers sewer laterals, trees, utilities and soils.

Timing follows the same pattern as other Peninsula cities. A Bay Area custom home typically takes 12 to 24 months from design to move-in, with planning review in the front half, as our custom home timeline guide shows.

How Craftsmen's Guild builds custom homes in Cupertino

Cupertino is our home base. Craftsmen's Guild is a family-owned design-build firm founded by the Amini brothers in 1988, and our architects, designers and builders work as one team. We received the City of Cupertino's 2024 Best of Design/Build award, and our Contemporary Cupertino Remodel shows the finish level we deliver here.

On a Cupertino lot, we start by modelling the floor area ratio, the 66 percent second-floor split, the setbacks and the envelope planes against your survey, so the design you approve is one that fits the code and your budget. We also build across San Jose, Los Altos and Palo Alto. See our overview of custom home builders in the Bay Area and our custom home construction process.

Frequently asked questions

What is the maximum house size on a Cupertino lot?

In the R1 zones, total floor area is capped at 45 percent of net lot area. That is 2,700 square feet on a 6,000-square-foot lot, 3,375 on a 7,500-square-foot lot and 4,500 on a 10,000-square-foot lot. Lot coverage is also capped at 45 percent, and the setbacks and envelope planes can reduce what fits in practice.

How tall can a new house be in Cupertino?

Up to 28 feet and no more than two stories in the standard R1 zones. In districts with an "i" suffix, homes are limited to one story and 18 feet. Single-story sections must also fit within an envelope that starts as a 10-foot vertical line at the property line and slopes inward at 25 degrees, which limits massing near the side property lines.

Does every two-story home in Cupertino need design review?

Not every one. Administrative design review applies when the second floor exceeds 66 percent of the first floor, or when a second-story side setback is under 15 feet to an interior property line. New two-story homes in the R1-a zone go to the Planning Commission. Keeping to the ratio and the setbacks keeps most projects on the simpler path.

Do I need privacy trees for second-story windows in Cupertino?

Often, yes. Planting is required in a 30-degree cone of vision for second-story side and rear windows with sills five feet or lower and clear or operable glazing, and for second-story decks. A neighbor can waive it with the city's form. Higher sills or obscured glass can avoid the requirement.

Planning your Cupertino custom home

A Cupertino custom home is a tight puzzle: 45 percent floor area, a 66 percent second-floor split, 25-foot second-story setbacks and an envelope that limits massing at the sides. Owners who model those rules against their survey before design starts get the most house the lot allows and the shortest review path. When you are ready, book a complimentary consultation and we will review your lot with you.