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Cupertino City Zoning Code

CHAPTER 19

20: PERMITTED, CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL ZONES

19.20.010 Applicability of Regulations.

No building, structure, or land shall be used in an A, A-1, R-1, RHS, R1C, R-2, R-3, or R-4 zoning district or TH combining district, otherwise than in conformance with the provisions of this chapter.

(Ord. 14-2125, § 5 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 24-2261, § 1 (part), 2024)


19.20.020 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones.

Table 19.20.020 sets forth the Permitted, Conditional and Excluded Uses in Agricultural and Residential zones.

Uses
A
A-1
R-1
RHS
RC1
R-2
R-3
R-4
1. Agriculture, horticulture, viticulture and forestry, including the following and similar uses:PP------

a.

Field and truck crops, including drying and storage,PP------
b.Orchards and vineyards, including bottling and storage,PP------
c.Tree farms, botanical conservatories and arboreta,PP------
d.Barns and sheds,PP------
e.Keeping of draft animals, animals providing products used on the property,PP------
f.Livestock ranches and dairy farms depending mainly on grazing on the property,PCUP - PC------
g.Processing of dairy products produced on the property,PCUP - PC------
h.Poultry raising and hatcheries,PCUP - PCSee #33
i.Apiaries, pursuant to Chapter 8.07,PCUP - PCSee #11
j.Nurseries, greenhouses and landscaping gardens,PCUP - PCSee #26
k.Boarding kennels,CUP - PCCUP - PC------
l.Animal breeding;PCUP - Admin.------
2. Fur farms-CUP - PC------
3. Retail sale of wine, fruit or berries produced on the property;CUP - CCCUP - CC------
4. One primary dwelling unit per lot/defined air space for condominiumsPPPPP---
5. Two-story structures in an area designated for a one-story limitation pursuant to Section 19.28.040(I) of this chapter, provided that the Planning Commission determines that the structure will not result in privacy impacts, shadowing, or intrusive noise, odor, or other adverse impacts to the surrounding area;--CUP - PC-----
6. Duplex with not more than two primary dwelling units per lot--See Chapter 19.28--P--
7. Employee housing:
a.For six or fewer employees in each dwelling unit on each lotPPPPPPPP
b.With no more than 36 beds in group quarters or 12 units/spaces designed for use by a single family or household on each lotPP-CUP-Admin.----
8. An accessory dwelling unit that conforms to the requirements of Chapter 19.112;PPPPPPPP
9. Multiple-family residential dwellings------PP
10. Townhome residential dwellings------P3P3
11. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming with the provisions of Chapter 19.100 of this title;PPPPPPPP
12. Utility facilities essential to provision of utility services to the neighborhood but excluding business offices, construction or storage yards, maintenance facilities, or corporation yards;--P--PCUP - CCCUP - CC
13. Temporary buildings for construction purposes (including trailers) for a period not to exceed the duration of such construction;------PP
14. Home occupations;
a.When accessory to permitted use and otherwise conforming to the provisions of Chapter 19.120 of this title;PPPPPPPP
b.Requiring a Conditional Use Permit pursuant to Chapter 19.120 of this title;CUP - Admin.CUP - Admin.CUP - Admin.CUP - Admin.CUP - Admin.CUP - Admin.CUP - Admin.CUP - Admin.
15. Small-family day care home per dwelling unit;PPPPPPPP
16. Large-family day care home per dwelling unit;
a.Which meets the parking criteria contained in Chapter 19.124, and which is at least three hundred feet from any other large-family day care home.
The Director of Community Development or his or her designee shall administratively approve large day care homes to ensure compliance with the parking and proximity requirements;		PPPPPPPP
b.Which otherwise does not meet the criteria for a permitted use. The conditional use permit shall be processed as provided by CA. Health and Safety Code Section 1597.46(3);CUP - Admin.CUP - Admin.CUP - Admin.CUP - Admin.CUP - Admin.CUP - Admin.CUP - Admin.CUP - Admin.
17. Small licensed residential care facility, located in housing of a type permitted in the zone and, where required by state law, is at least 300 feet from another regulated community care facilityPPPPPPPP
18. Large licensed residential care facility, located in housing of a type permitted in the zone and, where required by state law, is at least 300 feet from another regulated community care facilityCUP - PCCUP - PCCUP - PCCUP - PC *CUP - PCCUP - PCCUP - PCCUP - PC
19. Unlicensed Residential Care facility located in housing of a type permitted in the zonePPPPPPPP
20. Congregate residence, in each dwelling unit:
a.With six or fewer residentsPPPPPPPP
b.With seven or greater residents which is a minimum distance of one thousand feet from the boundary of another congregate residence and has a minimum of seventy-five square feet of usable rear yard area per occupantCUP - PCCUP - PCCUP - PCCUP - PCCUP - PC *CUP - PCCUP - PCCUP - PC
21. Transitional housing located in housing of a type permitted on the zone;PPPPPPPP
22. Supportive housing located in housing of a type permitted in the zone;PPPPPPPP
23. Supportive housing, permanent, with no more than 50 units------P4P4
24. Single-room occupancy (SRO) units-------CUP - Admin.
25. Permanent emergency shelter that complies with Chapter 19.50-------P
26. Horticulture, gardening, and growing of food products;
a.Recreational for personal use;PPPPPP--
b.Limited to maximum of ten percent of the lot area and for consumption by occupants of the site;------PP
c.Produce grown on site may be sold if the business activity is conducted in a manner consistent with Chapter 19.120, Home Occupations---P----
d.Commercial purposes;See #1See #1-CUP - Admin.----
27. Limited commercial recreation uses, such as riding clubs and related stables and trails, golf courses, swimming and picnic grounds;See #37See #37-CUP - PC----
28. Golf courses and driving ranges;CUP - CCCUP - CC------
29. Commercial swimming pools and picnic areas;CUP - CCCUP - CCCUP - CC------
30. Temporary uses subject to regulations established by Chapter 19.156CUP - Admin.CUP - Admin.CUP - Admin.CUP - Admin.CUP - Admin.CUP - Admin.CUP - Admin.CUP - Admin.
31. Buildings or structures which incorporate solar design features that require variation from setbacks upon a determination by the Director that the design feature, or features, will not result in privacy impacts, shadowing, or intrusive noise, odor, or other adverse impacts to the surrounding area.PPPPPPPP
32. Transmission lines, transformer stations, television and radio towers, and other public utility and communication structures;CUP - PCCUP - PC------
33. Adult (over 4 months of age) household pets per dwelling unit, limited as follows:
a.No specified numberPP------
b.Maximum of four, provided no more than two adult dogs or cats may be kept on the site--P-PPPP
c.

Limited to one per three thousand square feet of lot area, except:

i. Dogs are limited to a maximum of two on lots less than one acre and four for lots greater than one acre; and

ii. The number of geese, ducks, chickens, rabbits and other farm animals are not limited on a site greater than one acre

---P 2----
34. Litter of dogs or cats up to four months of age;
a.No specified numberPP-P----
b.Maximum of one--P-PPPP
35. Large animals, provided no animals are kept, maintained and raised for commercial purposes, limited as follows:
  1. Two large animals for the first 40,000 square feet of land area, except mules and donkeys which require 80,000 square feet for the first animal
  2. One additional large animal for each 20,000 square feet of land area
  3. One additional large animal if said animal is raised for a 4H project, a project sponsored by a recognized agricultural organization or a school project
See #1See #1-P 2----
36. The keeping of any animal not otherwise permitted above: #33, 34, and 35---CUP - Admin.----
37. Riding academies, commercial stables, and the boarding of horses;CUP - CCCUP - CC-See #27----
38. Noncommercial stables, and the keeping of riding horses:
a.Limited to three horses on each lot at the any time except that additional foals may be retained for a period of six months;PP-See #35----
b.In excess of the number permitted in #38(a)CUP - CCCUP - CC-See #35----
39. Cemeteries, crematoriums, mausolea, and columbariumsCUP - CCCUP - CC------
40. Mines, quarries and gravel pits;CUP - CCCUP - CC------
41. Guest ranches;CUP - CCCUP - CC------
42. Public and quasi-public buildings and uses.-CUP - CCCUP - CC------
43. Hog farms;--------
44. Cattle farms mainly depending upon feed brought onto the property;--------
45. Slaughterhouses, fertilizer yards, feed yards, boneyards or plants for the reduction of animal matter;--------
46. Commercial feed sales;--------
47. Other semiagricultural uses mainly depending upon raw materials, semifinished products, or feed brought on to the property;--------
48. Other agricultural uses which, in the opinion of the Director of Community Development, create a private or public nuisance.--------

Key:

P – Permitted Use
- – Not Allowed/Excluded Uses
CUP - Admin. – Conditional Use Permit issued by the Director of Community Development
CUP - PC – Conditional Use Permit issued by the Planning Commission
CUP - CC – Conditional Use Permit issued by the City Council

  1. May be permitted in locations where the use is compatible with existing and planned uses within the development area in the opinion of the Director of Community Development,
  2. The required lot area for a large animal shall not be included in the required lot area for a household pet or vice versa, except that a maximum of two household pets may be kept with large animals,
  3. Permitted only under the Townhome (TH) Combining District
  4. Permitted by-right consistent with State law

(Ord. 20-2200, § 10, 2020; Ord. 20-2199, § 4, 2020; Ord. 17-2162, § 5, 2017; Ord. 16-2159, § 5, 2016; Ord. 16-2158, § 2, 2016; Ord. 14- 2125, § 5 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 24-2261, § 1 (part), 2024)