Chapter 19.04 — GENERAL PROVISIONS

This title establishes comprehensive zoning regulations for the City, which regulations shall consist of the following:

A map, or set of maps, known as the "zoning map," establishing and delineating various classes of districts within the incorporated territory of the City;

Regulations, known as the "zoning regulations," governing the use of land and the placement of buildings and improvements within the various classes of districts.

The zoning map and zoning regulations shall govern the use of land, including the construction, alteration, movement, replacement or maintenance of buildings; the height, bulk and placement of buildings and uses on each site; the provision of open space, amenities, off-street parking and loading; the relationships between buildings and uses on adjoining sites or within adjoining classes of districts; and such further aspects of land use and development as are appropriate to attain the purposes of this title.

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

The purposes of this title shall be to promote and protect the public health, safety, peace, morals, comfort, convenience, and general welfare, including the following more particularly specified purposes:

To further promote, and accomplish the objectives, policies, and programs of the Cupertino General Plan;

To protect the character and the social and economic stability of agricultural, residential, commercial, industrial and other areas within the City; to assure the orderly and beneficial development of such areas; and more particularly, to lessen congestion and assure convenience of access; to secure safety from fire, flood and other dangers; to provide for adequate light, air, sunlight and environmental amenities; to promote and encourage conservation of scarce resources; to prevent overcrowding of land and undue concentration of population, to facilitate the creation of a convenient, attractive and harmonious community; to attain a desirable balance of residential and employment opportunities; to facilitate the adequate provision of transportation, water, sewage, drainage facilities, schools, parks and other public developments; to protect the food supply; to conserve property values; to promote efficient urban design and arrangement; and to secure economy in governmental expenditures;

To mitigate the negative impacts to public safety resulting from the location of buildings, and the uses of buildings and of land, adjacent to streets and highways while at the same time facilitating existing or prospective traffic movements throughout the City.

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

No land shall be used, and no facility, structure or building shall be erected, constructed, enlarged, altered, moved or used in any district, as shown upon the zoning maps, except in accord with the regulations established by this title.

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

Where conflict occurs between the regulations established by this title and the provisions of any other law, title, ordinance, code or other regulation effective within the City, including, but not limited to Title 16, Building Regulations, and Title 18, Subdivisions, the more restrictive of any such provision shall apply.

It is not intended that this title shall interfere with or abrogate or annul any easement, covenant, or other agreement now in effect, provided, however, that where this title imposes a greater restriction than imposed or required by any other law, title, ordinance, code, or other regulation, or by any easement, covenant, or agreement, the provisions of this title shall apply.

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

Any building constructed, altered, moved, replaced, or otherwise maintained, or any use of property in a manner contrary to the provision of this title, is unlawful and a public nuisance, and the City Attorney shall commence such action or actions, proceeding or proceedings, as may be deemed appropriate by the City Attorney for the abatement, removal, and enjoining thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or use and restrain and enjoin any person, firm, or corporation from constructing, altering, replacing, or otherwise maintaining any building or using any property in a manner contrary to the provisions of this title.

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

All remedies provided for in this title shall be cumulative and not exclusive.

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

Any person, firm, or corporation violating any provision of this title is guilty of a misdemeanor punishable as prescribed by Chapter 1.12 of the City's Ordinance Code.

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

All amendments to the provisions of this title shall be adopted in conformance with the applicable procedure contained in the planning and zoning law of the State of California (commencing at Section 65000 of the California Government Code.

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

Notwithstanding any other provisions of this title to the contrary, applications for land use entitlement may be combined in one application for purpose of review and approval. In the event of such combination, the reviewing body having final approval over the combined application shall be the highest body in the City which must approve any element to the combined application.

(Ord. 2085, § 2 (part), 2011; Ord. 1656, § 1, 1994)

When a use is not specifically listed as a permitted or conditional use, it shall be assumed that such use is prohibited, unless it is determined by the Director of Community Development that the use is similar to, and not more intensive than, the uses listed. Requests for determinations for specific uses shall be submitted to the Director of Community Development in writing, with a detailed description of the proposed use, its proposed location, and intended hours of operation. Additional information may be required by the Director of Community Development in order to prepare the determination for individual uses. Any decision by the Director of Community Development regarding a requested determination shall be in writing and shall be final.

(Ord. 24-2266, Att. A, 2024)