Cupertino City Zoning Code

CHAPTER 19

24: AGRICULTURAL A AND AGRICULTURAL-RESIDENTIAL A-1 ZONES

19.24.010 Purpose.

Agricultural (A) zones are intended to preserve agriculture or forestry activities in areas suited to that purpose, and to include therein incidental residential development of a rural character.

Agricultural-residential (A-1) zones are intended to preserve agriculture or forestry activities in areas suited to that purpose, and to include therein residential development of a semi-rural character.

(Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992)

19.24.020 Applicability of Regulations.

No building or structure or land shall be hereafter erected, structurally altered, or enlarged in an agricultural (A) zone or agricultural-residential (A-1) zone, otherwise than in conformance with the provisions of this chapter.
Notwithstanding the above, request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19.52.

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

19.24.030 Permitted, Conditional and Excluded Uses.

Permitted, Conditional and Excluded Uses that may be conducted from property zoned agricultural (A) or agricultural-residential (A-1), are identified in Section 19.20.020.

(Ord. 2085, § 2 (part), 2011)

19.24.040 Site Development Regulations.

A. Lot Area Zoning Designations. Minimum lot area shall correspond to the number (multiplied by one thousand square feet) following the A zoning symbol. Examples:

Zoning Symbol	Number	Minimum Lot Area Square Feet
A/A1	215	215,000
A	400	400,000
A1	43	43,000

B. Minimum Lot Area:

	Agricultural (A) Zones	Agricultural- Residential (A-1) Zones
1. Minimum Lot size	215,000 square feet (with or without incidental residential use)	215,000 square feet (with no incidental residential use)
2. Incidental residential use	43,000 square feet per dwelling unit. Dwelling units in farm labor camps for temporary laborers, and accessory dwelling units shall not be counted for the purpose of determining required lot area under this section.

C. Required Lot Shape. Each lot in an A zoning district shall have such shape that a square with a side of two hundred feet can be inscribed in this lot.

(Ord. 16-2159, §6, 2016; Ord. 2085, § 2 (part), 2011)

19.24.050 Building Development Regulations.

Table 19.24.050 sets forth the rules and regulations pertaining to the development of structures on property zoned Agricultural (A) and Agricultural- Residential (A-1).

Table 19.24.050: Building Development Regulations

	Agricultural (A)	Agricultural-Residential (A-1)
A. Lot Coverage, Floor Area Ratio and Building Setbacks
1. Lot Coverage	40% of net lot area	40% of net lot area
2. Floor Area Ratio	-	45%
3. Minimum Setbacks
a. First Floor:
i. Front-yard	30 feet	30 feet
ii. Side-yard	20 feet	20 feet
iii. Rear-yard	25 feet	20 feet
b. Second Floor:
i. Front-yard	30 feet	30 feet
ii. Side-yard	20 feet	20 feet
iii. Rear-yard	25 feet	25 feet
c. Second-story Decks and Patios:
i. Front-yard	22 feet	17 feet
ii. Side-yard	20 feet	20 feet
iii. Rear-yard	25 feet	25 feet
B. Height of Principal Buildings and Structures
1. Maximum Height *	28 feet
2. Zoning districts with "i" suffix **	Limited to one story (not to exceed 18 feet)
3. Exception for Hillside Areas	Planning Commission may approve heights greater than 28 feet upon making all the following findings: a. The subject property is in a hillside area and has an average slope of ten percent or greater; b. Topographical features of the subject property make an exception to the standard height restrictions necessary or desirable; c. In no case, shall the maximum height exceed thirty-five feet for a principal structure or twenty feet for an accessory structure; d. In no case, shall the maximum height of a structure located on a prominent ridgeline, as defined by Section 19.40.050(H) relating to RHS zoning districts, on or above the four-hundred-fifty-foot contour, exceed twenty feet.
C. Permitted Yard Encroachments
1. Extension of a Legal Non-conforming Wall Plane	a. Where a building legally constructed according to existing yard and setback regulations at the time of construction encroaches upon present required first floor setbacks, one encroaching side of the existing structure may be extended along existing building lines. b. Only one such extension shall be permitted for the life of the building. c. Encroachments into a required yard which are the result of the granting of a variance may not be further extended. d. Further encroachment into a required setback is not allowed. I.e., a non-conforming setback may not be further reduced. e. In no case shall any wall plane of a first-story addition be placed closer than three feet to any property line.
2. Architectural Features	a. May extend into a required yard a distance not exceeding three feet. b. No architectural feature, or combination thereof, whether a portion of a principal or accessory structure, may extend closer than three feet to any property line.
D. Accessory Structures (including attached patio covers)	As allowed by Chapter 19.100, Accessory Buildings/Structures
E. Solar Design	The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes, provided that no such structure shall infringe upon solar easements or adjoining property owners. Variation from the setback or height restrictions of this chapter may be allowed only upon issuance of a Administrative Conditional Use Permit subject to Chapter 19.12.
Notes: * - Fireplace chimneys, antennae, or other appurtenances are excluded from the restriction. ** - Pertains to all buildings in a designated area as prescribed by the City Council by affixing the designation "i" to the zoning district symbol.

(Ord. 17-2165, § 8, 2017; Ord. 2085, § 2 (part), 2011)

Cupertino City Zoning Code

CHAPTER 19

24: AGRICULTURAL A AND AGRICULTURAL-RESIDENTIAL A-1 ZONES

19.24.010 Purpose.

Agricultural (A) zones are intended to preserve agriculture or forestry activities in areas suited to that purpose, and to include therein incidental residential development of a rural character.

(Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992)

19.24.020 Applicability of Regulations.

No building or structure or land shall be hereafter erected, structurally altered, or enlarged in an agricultural (A) zone or agricultural-residential (A-1) zone, otherwise than in conformance with the provisions of this chapter.
Notwithstanding the above, request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19.52.

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

19.24.030 Permitted, Conditional and Excluded Uses.

Permitted, Conditional and Excluded Uses that may be conducted from property zoned agricultural (A) or agricultural-residential (A-1), are identified in Section 19.20.020.

(Ord. 2085, § 2 (part), 2011)

19.24.040 Site Development Regulations.

A. Lot Area Zoning Designations. Minimum lot area shall correspond to the number (multiplied by one thousand square feet) following the A zoning symbol. Examples:

Zoning Symbol	Number	Minimum Lot Area Square Feet
A/A1	215	215,000
A	400	400,000
A1	43	43,000

B. Minimum Lot Area:

	Agricultural (A) Zones	Agricultural- Residential (A-1) Zones
1. Minimum Lot size	215,000 square feet (with or without incidental residential use)	215,000 square feet (with no incidental residential use)
2. Incidental residential use	43,000 square feet per dwelling unit. Dwelling units in farm labor camps for temporary laborers, and accessory dwelling units shall not be counted for the purpose of determining required lot area under this section.

C. Required Lot Shape. Each lot in an A zoning district shall have such shape that a square with a side of two hundred feet can be inscribed in this lot.

(Ord. 16-2159, §6, 2016; Ord. 2085, § 2 (part), 2011)

19.24.050 Building Development Regulations.

Table 19.24.050 sets forth the rules and regulations pertaining to the development of structures on property zoned Agricultural (A) and Agricultural- Residential (A-1).

Table 19.24.050: Building Development Regulations

	Agricultural (A)	Agricultural-Residential (A-1)
A. Lot Coverage, Floor Area Ratio and Building Setbacks
1. Lot Coverage	40% of net lot area	40% of net lot area
2. Floor Area Ratio	-	45%
3. Minimum Setbacks
a. First Floor:
i. Front-yard	30 feet	30 feet
ii. Side-yard	20 feet	20 feet
iii. Rear-yard	25 feet	20 feet
b. Second Floor:
i. Front-yard	30 feet	30 feet
ii. Side-yard	20 feet	20 feet
iii. Rear-yard	25 feet	25 feet
c. Second-story Decks and Patios:
i. Front-yard	22 feet	17 feet
ii. Side-yard	20 feet	20 feet
iii. Rear-yard	25 feet	25 feet
B. Height of Principal Buildings and Structures
1. Maximum Height *	28 feet
2. Zoning districts with "i" suffix **	Limited to one story (not to exceed 18 feet)
3. Exception for Hillside Areas	Planning Commission may approve heights greater than 28 feet upon making all the following findings: a. The subject property is in a hillside area and has an average slope of ten percent or greater; b. Topographical features of the subject property make an exception to the standard height restrictions necessary or desirable; c. In no case, shall the maximum height exceed thirty-five feet for a principal structure or twenty feet for an accessory structure; d. In no case, shall the maximum height of a structure located on a prominent ridgeline, as defined by Section 19.40.050(H) relating to RHS zoning districts, on or above the four-hundred-fifty-foot contour, exceed twenty feet.
C. Permitted Yard Encroachments
1. Extension of a Legal Non-conforming Wall Plane	a. Where a building legally constructed according to existing yard and setback regulations at the time of construction encroaches upon present required first floor setbacks, one encroaching side of the existing structure may be extended along existing building lines. b. Only one such extension shall be permitted for the life of the building. c. Encroachments into a required yard which are the result of the granting of a variance may not be further extended. d. Further encroachment into a required setback is not allowed. I.e., a non-conforming setback may not be further reduced. e. In no case shall any wall plane of a first-story addition be placed closer than three feet to any property line.
2. Architectural Features	a. May extend into a required yard a distance not exceeding three feet. b. No architectural feature, or combination thereof, whether a portion of a principal or accessory structure, may extend closer than three feet to any property line.
D. Accessory Structures (including attached patio covers)	As allowed by Chapter 19.100, Accessory Buildings/Structures
E. Solar Design	The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes, provided that no such structure shall infringe upon solar easements or adjoining property owners. Variation from the setback or height restrictions of this chapter may be allowed only upon issuance of a Administrative Conditional Use Permit subject to Chapter 19.12.
Notes: * - Fireplace chimneys, antennae, or other appurtenances are excluded from the restriction. ** - Pertains to all buildings in a designated area as prescribed by the City Council by affixing the designation "i" to the zoning district symbol.

(Ord. 17-2165, § 8, 2017; Ord. 2085, § 2 (part), 2011)

Cupertino City Zoning Code

CHAPTER 19

24: AGRICULTURAL A AND AGRICULTURAL-RESIDENTIAL A-1 ZONES

19.24.010 Purpose.

Agricultural (A) zones are intended to preserve agriculture or forestry activities in areas suited to that purpose, and to include therein incidental residential development of a rural character.

(Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992)

19.24.020 Applicability of Regulations.

No building or structure or land shall be hereafter erected, structurally altered, or enlarged in an agricultural (A) zone or agricultural-residential (A-1) zone, otherwise than in conformance with the provisions of this chapter.
Notwithstanding the above, request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19.52.

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

19.24.030 Permitted, Conditional and Excluded Uses.

Permitted, Conditional and Excluded Uses that may be conducted from property zoned agricultural (A) or agricultural-residential (A-1), are identified in Section 19.20.020.

(Ord. 2085, § 2 (part), 2011)

19.24.040 Site Development Regulations.

A. Lot Area Zoning Designations. Minimum lot area shall correspond to the number (multiplied by one thousand square feet) following the A zoning symbol. Examples:

Zoning Symbol	Number	Minimum Lot Area Square Feet
A/A1	215	215,000
A	400	400,000
A1	43	43,000

B. Minimum Lot Area:

	Agricultural (A) Zones	Agricultural- Residential (A-1) Zones
1. Minimum Lot size	215,000 square feet (with or without incidental residential use)	215,000 square feet (with no incidental residential use)
2. Incidental residential use	43,000 square feet per dwelling unit. Dwelling units in farm labor camps for temporary laborers, and accessory dwelling units shall not be counted for the purpose of determining required lot area under this section.

C. Required Lot Shape. Each lot in an A zoning district shall have such shape that a square with a side of two hundred feet can be inscribed in this lot.

(Ord. 16-2159, §6, 2016; Ord. 2085, § 2 (part), 2011)

19.24.050 Building Development Regulations.

Table 19.24.050 sets forth the rules and regulations pertaining to the development of structures on property zoned Agricultural (A) and Agricultural- Residential (A-1).

Table 19.24.050: Building Development Regulations

	Agricultural (A)	Agricultural-Residential (A-1)
A. Lot Coverage, Floor Area Ratio and Building Setbacks
1. Lot Coverage	40% of net lot area	40% of net lot area
2. Floor Area Ratio	-	45%
3. Minimum Setbacks
a. First Floor:
i. Front-yard	30 feet	30 feet
ii. Side-yard	20 feet	20 feet
iii. Rear-yard	25 feet	20 feet
b. Second Floor:
i. Front-yard	30 feet	30 feet
ii. Side-yard	20 feet	20 feet
iii. Rear-yard	25 feet	25 feet
c. Second-story Decks and Patios:
i. Front-yard	22 feet	17 feet
ii. Side-yard	20 feet	20 feet
iii. Rear-yard	25 feet	25 feet
B. Height of Principal Buildings and Structures
1. Maximum Height *	28 feet
2. Zoning districts with "i" suffix **	Limited to one story (not to exceed 18 feet)
3. Exception for Hillside Areas	Planning Commission may approve heights greater than 28 feet upon making all the following findings: a. The subject property is in a hillside area and has an average slope of ten percent or greater; b. Topographical features of the subject property make an exception to the standard height restrictions necessary or desirable; c. In no case, shall the maximum height exceed thirty-five feet for a principal structure or twenty feet for an accessory structure; d. In no case, shall the maximum height of a structure located on a prominent ridgeline, as defined by Section 19.40.050(H) relating to RHS zoning districts, on or above the four-hundred-fifty-foot contour, exceed twenty feet.
C. Permitted Yard Encroachments
1. Extension of a Legal Non-conforming Wall Plane	a. Where a building legally constructed according to existing yard and setback regulations at the time of construction encroaches upon present required first floor setbacks, one encroaching side of the existing structure may be extended along existing building lines. b. Only one such extension shall be permitted for the life of the building. c. Encroachments into a required yard which are the result of the granting of a variance may not be further extended. d. Further encroachment into a required setback is not allowed. I.e., a non-conforming setback may not be further reduced. e. In no case shall any wall plane of a first-story addition be placed closer than three feet to any property line.
2. Architectural Features	a. May extend into a required yard a distance not exceeding three feet. b. No architectural feature, or combination thereof, whether a portion of a principal or accessory structure, may extend closer than three feet to any property line.
D. Accessory Structures (including attached patio covers)	As allowed by Chapter 19.100, Accessory Buildings/Structures
E. Solar Design	The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes, provided that no such structure shall infringe upon solar easements or adjoining property owners. Variation from the setback or height restrictions of this chapter may be allowed only upon issuance of a Administrative Conditional Use Permit subject to Chapter 19.12.
Notes: * - Fireplace chimneys, antennae, or other appurtenances are excluded from the restriction. ** - Pertains to all buildings in a designated area as prescribed by the City Council by affixing the designation "i" to the zoning district symbol.

(Ord. 17-2165, § 8, 2017; Ord. 2085, § 2 (part), 2011)