§ 19.120 — Cupertino Zoning Code

19.120.010 Purpose. ¶

The purpose of this chapter is to permit and regulate the conduct of home occupations as an accessory use in a residence, whether owner or renter occupied, and to ensure that such home occupations are compatible with the neighborhoods in which they are located. The intent is to protect residential areas from adverse effects of activities associated with home occupations, while allowing residents of the community to use their homes as a workplace and a source of livelihood under certain conditions.

The City acknowledges that changes in technology and composition of the work force, among other factors, have contributed to a growing interest on the part of Cupertino citizens to live and work in their homes. The City also finds that home business enterprises can help reduce commuter-traffic impacts, reduce or eliminate child care expenses for people with young families, and provide the opportunity to test creative business ventures with greatly reduced startup costs.

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

19.120.020 General Requirements. ¶

Home occupations conducted in accordance with the provisions of this chapter shall be permitted in residential zones, and in other areas where residential use is allowed, provided that the occupation is clearly incidental and secondary to the use of the dwelling for residential purposes, and does not change the residential character thereof; and provided that such occupation is not detrimental to the health, safety, public welfare and property values in the neighborhood.

Authorization to establish a home occupation shall be evidenced by payment of a business tax and the issuance of a City of Cupertino business license tax certificate. All home occupations shall be subject to all provisions of the Cupertino Municipal Code regulating the issuance of business licenses.

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

19.120.030 Standards. ¶

The requirements set out in Table 19.120.030 must be met at the establishment of the home occupation, and maintained on a continuing basis during operation of the business activity.

Table 19.120.030: Standards

Topic	Regulatory Intent	Specifc Standard
Locaton	Prevent intrusion of light, noise and unsightly conditons from disturbing neighbors	Confne home occupaton to main dwelling or accessory building-Garage area may be used if the minimum required number of vehicles can be parked inside during non-business hours. Home occupaton actvity within garage areas is limited to the hours of 8:00 a.m. to 8:00 p.m.-Rear and side yards may be used for hortculture; no storage-Front yards, driveways may not be used for home occupaton purposes
Appearance	Maintain visual character of the structure as a residence	The entrance to the space devoted to the home occupaton shall be from within the main building-There shall be no internal or external alteratons or constructon not customarily found in residences
Display	Maintain visual character of structure as a residence	Home occupatons shall involve no exterior display of merchandise or stock in trade for sale

Topic	Regulatory Intent	Specifc Standard
Sales actvity	Restrict scope of business actvity to ensure that residental use remains primary	Direct sale of products of display shelves or racks to the general public is prohibited; however, an order may be flled on the premises if placed earlier by a customer using telephone or mail order communicatons, or through atendance of sales party-Partes for the purpose of selling or taking orders for merchandise shall not be held more than two tmes in any month- Home occupatons which involve the sale or rental of vehicles or vessels shall not be permited to keep any vehicles on the premises at any tme, or to deliver such vehicles to renters or purchasers on the premises
Intrusive efects	Ensure that processes, tools and hours of operaton do not disturb neighbors through noise, odor, vibraton, TV/radio interference	All home occupaton actvites shall comply with City noise ordinance daytme/nightme limitatons-All home occupatons shall be conducted so as to maintain emissions at nonintrusive levels-Appropriate equipment shall be installed to reduce emissions to nonintrusive levels
Trafc	Ensure that pedestrian, automobile or truck trafc, or parking demand is not signifcantly above normal levels for that zone	Deliveries to and from the premises restricted per the Municipal Code
Employment	Ensure that trafc is not signifcantly above normal levels for that zone	Home occupatons shall be carried on by members of the household occupying the dwelling, with not more than one additonal person employed on the premises who is not a resident thereof.
		This shall not exclude the employment of domestc servants, gardeners, janitors, or other persons concerned in the operaton or maintenance of the dwelling, whether living on the premises or not.
Utlity service	Maintain residental scale of utlity services to limit business actvity to an incidental use	Home occupaton actvity requiring a water meter above the size customary to a residence in that zone is prohibited-Electrical panel restricted to size customary to a residence in that zone
Business vehicle	Restrict number, size and keeping of vehicles to reduce parking demand and maintain residental streetscape	No more than one vehicle primarily used for business purposes may be parked per site-Size limited to passenger auto, pickup truck or similar van
Storage	Ensure that stored materials do not take up required parking space or accumulate in yards	Storage outside of an enclosed structure is prohibited-Garage storage of materials is allowed if the remaining space allows parking of the required number of vehicles
Signs	Prohibit use of signs unless legally required	Legally required signs are restricted to a maximum one square foot area-Signs shall not be placed on the roof or within the required setback areas
Cumulatve efects	Ensure that multple home occupatons at a site do not exceed	Cumulatve impact of each home occupaton shall not exceed the limits set forth in any porton of this secton

	Topic		Regulatory Intent		Specifc Standard
			single-actvity performance levels

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

19.120.040 Interpretation of Standards. ¶

The Director of Community Development, or the Planning Commission upon appeal, may interpret a proposed use as an acceptable home occupation activity, but may determine that the use is of an unusual nature or intensity such that the applicant may be required to obtain a conditional use permit from the Director of Community Development prior to commencing business activity, in accordance with the procedures outlined in Chapter 19.156.

(Ord. 2085, § 2 (part), 2011; Ord. 1637, (part), 1993; Ord. 1601, Exh. A (part), 1992)

19.120.050 Excluded Occupations. ¶

The occupations listed below, shall not be considered incidental and secondary to the use of a residence for dwelling purposes and are therefore prohibited in residential zones:

Automobile repair shops, including paint and body work;

Barbershops and beauty parlors;

Until January 1, 2021, boarding and/or rooming homes for more than two guests;

Clinics and hospitals, also veterinary (animal) clinics and hospitals;

Kennels and other boarding for pets, in excess of the number of animals allowed in the base zoning district where specified;

Medical offices for physicians, dentists, osteopaths, and other practitioners;

Private schools with organized classes;

Upholstery, small engine repair, welding shops;

Other uses which are found by the Community Development Director to be of similar intensity and characteristics of use to those enumerated in this section, and are thus inconsistent with the stated purposes of this chapter.

(Ord. 20-2200, § 11, 2020; Ord. 2085, § 2 (part), 2011; Ord. 1784, (part), 1998; Ord. 1601, Exh. A (part), 1992)

19.120.060 Nonconforming Uses. ¶

Notwithstanding the provisions of this chapter, all home occupations which exist as nonconforming uses in any residential zone or in other areas where residential uses are allowed, shall be allowed to continue as legal, nonconforming uses subject to the provisions of Chapter 19.140.

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