Zoneomics Logo
search icon

Cupertino City Zoning Code

CHAPTER 19

72: LIGHT INDUSTRIAL ML AND INDUSTRIAL PARK MP ZONES

19.72.010 Purpose.

The purpose of the light industrial (ML) zoning district is to provide for, and regulate, certain industrial uses which are incompatible with commercial and residential uses but perform important storage, manufacturing or servicing functions for such commercial and residential uses in the City. The property in this zone should be located near central business areas, near arterial traffic routes, along railroad lines, or where specialized services for residential areas should be concentrated. Activities and hazardous materials that may be used in the light industrial zoning district are specifically incompatible with schools, daycare centers, convalescent care centers and other sensitive receptors and such sensitive receptors are prohibited from this zoning district.

The purpose of the Industrial Park (MP) zoning district is to provide regulations for parcels or combinations of parcels of land of twenty-five acres or more on which development of light industrial parks is deemed appropriate.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)


19.72.020 Applicability of Regulations.

No building, structure, or land shall be used, and no building or structure shall be erected, structurally altered, or enlarged in an ML and MP zone, otherwise than in conformance with the provisions of this chapter and other applicable provisions of this title.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)


19.72.030 Permitted, Conditional and Excluded Uses.

Permitted, Conditional and Excluded Uses that may be conducted from property zoned Light Industrial (ML) or Planned Industrial (MP) are identified in Table 19.64.020.

(Ord. 2085, § 2 (part), 2011)


19.72.040 Permits Required for Development.

Prior to the erection of a new building or structure or enlargement or modification of an existing building, structure, or site (including landscaping and lighting) in an ML or MP zoning district, the applicant for a building permit must obtain permits in accord with Chapter 19.12.

(Ord. 2085, § 2 (part), 2011)


19.72.050 Restrictions Related to Emissions.

No use shall be allowed which is or will be offensive by reason of the emission of dust, gas, smoke, noise, fumes, odors, bright lights, vibrations, nuclear radiation, radio frequency interference, or otherwise. Every use shall be operated in such manner that the volume of sound inherently and recurrently generated shall not exceed sixty-five decibels during the day and fifty- five decibels at night, at any point on the property line on which the use is located, or sixty decibels during the day and fifty-five decibels at night, at any point on the property line on which the use is located where such property line abuts property that is zoned for residential purposes. Noise and sounds shall be appropriately muffled in such manner so as not to be objectionable as to intermittent beat, frequency, or shrillness.

Provided further that prior to issuance of a building permit the Building Inspector may require evidence that adequate controls, measures, or devices have been provided to insure and protect the public interest, health, comfort, convenience, safety and general welfare from such nuisances.

Emissions of noise, vibrations, radiation, light, smoke, fumes or gas, odor, dust and toxic waste shall be limited to quantities indicated in this section. The limitations shall apply at any point outside the boundary of each lot in an ML zone, the boundary assumed, for the purpose of this title, to extend in a vertical plane and below ground. In case of further subdivision or lot split, the limitations shall not apply outside any resulting lot.

  1. Vibration. Vibrations in the nonaudible range shall not be of such intensity that they can be perceived without instruments.
  2. Radiation. Electromagnetic radiation shall not result in perceptible disturbance of television or radio reception.
  3. Light. In addition to the lighting standards in Chapter 19.102, all development shall meet the following lighting standards:
    1. The intensity of light at the boundary of each lot shall not exceed seventy-five footlamberts from a source of direct light, or one hundred footlamberts from a source of reflected light.
    2. The intensity of light at the boundary of an industrial zone, or an industrial area in a planned development (P) zone, shall not exceed fifty footlamberts from a source of direct light, or seventy-five footlamberts from a source of reflected light.
    3. In the event there is a conflict with Chapter 19.102, the less stringent lighting standards shall apply.
  4. Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible grey smoke of a shade equal to or darker than No. 1 on the Ringelmann Smoke Chart, as published by the U.S. Department of Interior, Bureau of Mines, Informational Circular 8333, May 1967; except that a visible grey smoke of a shade equal to No. 2 on the Ringelmann Smoke Chart may be emitted for four minutes in any thirty minutes.
  5. Hazardous and Toxic Materials. The use, handling, storage, and transportation of toxic and hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations (California Administrative Code, Title 22, Division 4). The use, storage, manufacture and disposal of hazardous materials shall be regulated and monitored according to the standards established by the U.S. Environmental Protection Agency (EPA), the California Environmental Protection Agency (Cal/EPA) and any delegated government agencies.
  6. Odor. No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be readily detectable without the aid of instruments at the boundaries of the lot or in such concentrations as to create a public nuisance or hazard beyond such boundaries. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is established as a guide in determining such quantities of offensive odors, Table III, Odors Thresholds, in Chapter 5 of Air Pollution Abatement Manual, copyrighted in 1951 by Manufacturing Chemists Association, Inc., Washington, D.C.
  7. Fly Ash, Dust, Fumes, Gases and Other Forms of Air Pollution. No emission shall be permitted which can cause any damage to health, animals, vegetation or other forms of property, or that will result in the collection of heavy gases at ground level. No emission shall be permitted in excess of fifty percent of the standards specified in Table I, Chapter 5 of Industrial Hygiene Standards, Maximum Allowable Concentrations of the Air Pollution Abatement Manual, copyrighted in 1951 by Manufacturing Chemists Association, Inc., Washington, D.C. In no event shall any emission, from any chimney or otherwise, exceed one-tenth of a grain (0.1 grain) per cubic foot of the conveying gas. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of five hundred degrees Fahrenheit and fifty percent excess air.
  8. Wastes. No discharge shall be permitted into any public street or sewer, private sewage disposal system, stream, body of water, or into the ground, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, corrode or otherwise damage sewers or pipelines, or otherwise cause the emission of dangerous or offensive elements, except in accordance with standards approved by the California Environmental Protection Agency (Cal/EPA) and any other governmental agency having jurisdiction over the activities.

(Ord. 21-2225, Att. A (§ 5), 2021; Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)


19.72.060 Site Development Regulations.

Table 19.72.060 sets forth the rules and regulations pertaining to the development of structures on property zoned Light Industrial (ML and ML-rc) and Industrial Park (MP). In ML-rc and ML-fa zones, if no standards are listed, the standard reverts to the ML zoning standards.

Table 19.72.060: Site Development Regulations

ML
ML-rc
ML-fa
MP
A. Minimum Lot Area, Lot Dimensions and Building Coverage

1. Minimum Lot Area

10,000 square feet1 acre

2. Zoning Designation

Each lot shall be designated with a number after a dash representing the minimum number of square feet (in thousands) allowed for such lot.

3. Lot Dimensions

Each lot shall have a shape such that a square with a side of 100 feet can be inscribed within the lot.150 feet

4. Maximum Lot Coverage

40%40%
B. Height

1. Building

40 feet (limited to 2 stories) unless a different height is allowed by the General Plan30 feet (limited to 3 stories) unless a different height is allowed by the General Plan

2. Accessory Structure

15 feet (limited to one story)15 feet (limited to one story)
C. Setbacks

1. Front Yard

25 feet or must conform to 19.72.060(C)6 below50 feet but not less than a distance equal to the height of the building measured from natural grade

2. Side Yard

a. Interior Side

No minimum if adjacent to ML or T zoning districts, otherwise 15 feet, and must conform to 19.72.060(C)4 belowThe building shall extend the entire width of the lot, except for one driveway or gateway no wider than necessary.20 feet but not less than a distance equal to the height of the building measured from the natural grade.

b. Street Side of Corner Lot

No minimum if adjacent to ML or T zoning districts, otherwise 15 feet, and must conform to 19.72.060(C)4 below50 feet but not less than a distance equal to the height of the building measured from the natural grade.

3. Rear Yard

No minimum if adjacent to ML or T zoning districts, otherwise 20 feet, and must conform to 19.72.060(C)4 below30 feet but not less than a distance equal to the height of the building measured from the natural grade.

4. Buildings over 20 feet

No part higher than 20 feet of a building in an ML zoning district shall be closer to a lot line than one-half of its height.

5. Buildings over 35 feet

No structure in excess of 35 feet in height shall be located closer to a residential zone than a distance equal to four times its height.

6. Setback from Residential Zones

  1. When lot adjacent to or separated by a street from area zoned R-1 or A-1, setback shall be 50 feet for all required yard setbacks.
  2. 25 feet closest to any lot line shall be used for landscaping, planting or screening (except for access ways). The remainder of any such yard may be used only for off-street parking, or shall be maintained as a landscaping planting strip in the same manner as the first 25 feet.
  1. 100 feet
  2. 25 feet closest to any lot line shall be used for landscaping, planting or screening (except for access ways.)

7. Distance Between Buildings on same lot

30 feet unless it is a complex with similar architecture on lots of 10 acres or more.
D. Off-street ParkingShall be in accord with the requirements of Chapter 19.124. However, where the number of parking spaces exceeds one per 500 square feet of total lot area, the use shall be subject to the issuance of a conditional use permit as required by Chapter 19.60.Shall be in accord with the requirements of Chapter 19.124 and shall not be located in the required front yard setback area or street side yard setback area of a corner lot
E. Driveway Access and Driveways
  1. There shall be no direct vehicular access from ML-rc zoned properties to Stevens Creek Boulevard and McClellan Road
  2. There shall be no street connection with McClellan Road between Highway 85 and the railroad line
  3. All onsite driveways shall have adequate width and length to accommodate the largest vehicles that normally serve a lot, without blocking any part of the public right-of-way.
One driveway or gateway no wider than necessary.
F. LoadingShall be in accord with requirements of Chapter 19.124.Loading space shall not be located within the front yard or side yards of the property and shall be screened from public street view.Loading, unloading and parking of delivery vehicles shall be located in the rear of the building
  1. At least one (1) permanently maintained loading space not less than 10 ft. in width, 30 ft. in length, and 15 ft. high for each 20,000 sq.ft. of gross building floor area or fraction thereof.
  2. All loading space shall have ingress and egress from alleys or service drives.
  3. Loading space shall not be located within the required front yard or in any required side yard facing the street on a corner lot.
G. LandscapingShall be in accord with the requirements of Chapter 14.15, the Landscaping Ordinance
  1. Front yards shall be landscaped
  2. Rear yards facing Highway 85 shall be screened by landscaping from public street view.
  3. Shall be in accord with the requirements of Chapter 14.15, the Landscaping Ordinance
Shall be in accord with the requirements of Chapter 14.15, the Landscaping Ordinance
H. FencesShall be in accord with the requirements of Chapter 19.48No fence, hedge or wall shall be higher than two and one-half feet within a front yard. All planting, fencing and walls, including, but not restricted to fences and walls along rear and side property lines, shall be as approved
I. Utilities and Amenities
  1. The following shall be installed subject to the specifications of the subdivision ordinance:
    1. All utilities including water, gas, sanitary and storm sewers, underground power systems, and
    2. Amenities including, lighting electroliers, curbs, gutters, streets and sidewalks and
    3. Connections to main systems shall be installed subject to the specifications of the subdivision ordinance of the City.
  2. All wires, pipes, cables, utilities and connections shall be placed in underground or subsurface conduits subject to the specifications of the subdivision ordinance of the City.
  3. Underground vaults, or, well screened areas, if underground vaults are deemed to be infeasible by the City Engineer and the Director of Community Development, must be provided for the installation of the necessary utilities.
  1. The following shall be installed subject to the specifications of the subdivision ordinance:
    1. All utilities including water, gas, sanitary and storm sewers, underground power systems, and
    2. Amenities including, lighting electroliers, curbs, gutters, streets and sidewalks and
    3. Connections to main systems shall be installed subject to the specifications of the subdivision ordinance of the City.
  2. All wires, pipes, cables, utilities and connections shall be placed in underground or subsurface conduits subject to the specifications of the subdivision ordinance of the City.
  3. Underground vaults, or, well screened areas, if underground vaults are deemed to be infeasible by the City Engineer and the Director of Community Development, must be provided for the installation of the necessary utilities.

(Ord. 2085, § 2 (part), 2011)