Chapter 19.20 — PERMITTED, CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND…
Cupertino Zoning Code · 2026-06 edition · ingested 2026-07-06 · Cupertino
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 | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 1. Agriculture, hortculture, vitculture and forestry, including the following and similar uses: |
P | P | - | - | - | - | - | ||||||||||
| a. | Field and truck crops, including drying and storage, |
P | P | - | - | - | - | - | |||||||||
| b. | Orchards and vineyards, including botling and storage, |
P | P | - | - | - | - | - | |||||||||
| c. | Tree farms, botanical conservatories and arboreta, |
P | P | - | - | - | - | - | |||||||||
| d. | Barns and sheds, | P | P | - | - | - | - | - | |||||||||
| Uses | A | A-1 | R-1 | RHS | RC1 | R-2 | R-3 | ||||||||||
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| e. | Keeping of draf animals, animals providing products used on the property, |
P | P | - | - | - | - | - | |||||||||
| f. | Livestock ranches and dairy farms depending mainly on grazing on the property, |
P | CUP - PC | - | - | - | - | - | |||||||||
| g. | Processing of dairy products produced on the property, |
P | CUP - PC | - | - | - | - | - | |||||||||
| h. | Poultry raising and hatcheries, |
P | CUP - PC | See #33 | |||||||||||||
| i. | Apiaries, pursuant to Chapter 8.07, |
P | CUP - PC | See #11 | |||||||||||||
| j. | Nurseries, greenhouses and landscaping gardens, |
P | CUP - PC | See #26 | |||||||||||||
| k. | Boarding kennels, | CUP - PC | CUP - PC | - | - | - | - | - | |||||||||
| l. | Animal breeding; | P | CUP - Admin. | - | - | - | - | - | |||||||||
| 2. Fur farms | - | CUP - PC | - | - | - | - | - | ||||||||||
| 3. Retail sale of wine, fruit or berries produced on the property; |
CUP - CC | CUP - CC | - | - | - | - | - | ||||||||||
| 4. One primary dwelling unit per lot/defned air space for condominiums |
P | P | P | P | P | - | - | ||||||||||
| 5. Two-story structures in an area designated for a one-story limitaton pursuant to Secton 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 lot |
P | P | P | P | P | P | P | |||||||||
| 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 lot |
P | P | - | CUP-Admin. | - | - | - | |||||||||
| 8. An accessory dwelling unit that conforms to the requirements of Chapter 19.112; |
P | P | P | P | P | P | P | ||||||||||
| Uses | A | A-1 | R-1 | RHS | RC1 | R-2 | R-3 | ||||||||||
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 9. Multple-family residental dwellings |
- | - | - | - | - | - | P | ||||||||||
| 10. Townhome residental dwellings |
- | - | - | - | - | - | P3 | ||||||||||
| 11. Accessory facilites and uses customarily incidental to permited uses and otherwise conforming with the provisions of Chapter 19.100 of this ttle; |
P | P | P | P | P | P | P | ||||||||||
| 12. Utlity facilites essental to provision of utlity services to the neighborhood but excluding business ofces, constructon or storage yards, maintenance facilites, or corporaton yards; |
- | - | P | - | - | P | CUP - CC | ||||||||||
| 13. Temporary buildings for constructon purposes (including trailers) for a period not to exceed the duraton of such constructon; |
- | - | - | - | - | - | P | ||||||||||
| 14. Home occupatons; | |||||||||||||||||
| a. | When accessory to permited use and otherwise conforming to the provisions of Chapter 19.120 of this ttle; |
P | P | P | P | P | P | P | |||||||||
| b. | Requiring a Conditonal Use Permit pursuant to Chapter 19.120 of this ttle; |
CUP - Admin. | CUP - Admin. | CUP - Admin. |
CUP - Admin. | CUP - Admin. | CUP - Admin. | CUP - Admi | |||||||||
| 15. Small-family day care home per dwelling unit; |
P | P | P | P | P | P | P | ||||||||||
| 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 administratvely approve large day care homes to ensure compliance with the parking and proximity requirements; |
P | P | P | P | P | P | P | |||||||||
| b. | Which otherwise does not meet the criteria for a permited use. The conditonal use permit shall be processed as provided by CA. Health and Safety |
CUP - Admin. | CUP - Admin. | CUP - Admin. |
CUP - Admin. | CUP - Admin. | CUP - Admin. | CUP - Admi | |||||||||
| Uses | A | A-1 | R-1 | RHS | RC1 | R-2 | R-3 | ||||||||||
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Code Secton 1597.46(3); |
|||||||||||||||||
| 17. Small licensed residental care facility, located in housing of a type permited in the zone and, where required by state law, is at least 300 feet from another regulated community care facility |
P | P | P | P | P | P | P | ||||||||||
| 18. Large licensed residental care facility, located in housing of a type permited in the zone and, where required by state law, is at least 300 feet from another regulated community care facility |
CUP - PC | CUP - PC | CUP - PC |
CUP - PC * | CUP - PC | CUP - PC | CUP - PC | ||||||||||
| 19. Unlicensed Residental Care facility located in housing of a type permited in the zone |
P | P | P | P | P | P | P | ||||||||||
| 20. Congregate residence, in each dwelling unit: |
|||||||||||||||||
| a. | With six or fewer residents |
P | P | P | P | P | P | P |
| Uses | A | A-1 | R-1 | RHS | RC1 | R-2 | R-3 | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 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- fve square feet of usable rear yard area per occupant |
CUP - PC | CUP - PC | CUP - PC |
CUP - PC | CUP - PC * | CUP - PC | CUP - PC | |||||||||
| 21. Transitonal housing located in housing of a type permited on the zone; |
P | P | P | P | P | P | P | ||||||||||
| 22. Supportve housing located in housing of a type permited in the zone; |
P | P | P | P | P | P | P | ||||||||||
| 23. Supportve housing, permanent, with no more than 50 units |
- | - | - | - | - | - | P4 | ||||||||||
| 24. Single-room occupancy (SRO) units |
- | - | - | - | - | - | - | ||||||||||
| 25. Permanent emergency shelter that complies with Chapter 19.50 |
- | - | - | - | - | - | - | ||||||||||
| 26. Hortculture, gardening, and growing of food products; |
|||||||||||||||||
| a. | Recreatonal for personal use; |
P | P | P | P | P | P | - | |||||||||
| b. | Limited to maximum of ten percent of the lot area and for consumpton by occupants of the site; |
- | - | - | - | - | - | P | |||||||||
| c. | Produce grown on site may be sold if the business actvity is conducted in a manner consistent |
- | - | - | P | - | - | - | |||||||||
| Uses | A | A-1 | R-1 | RHS | RC1 | R-2 | R-3 | ||||||||||
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| with Chapter 19.120, Home Occupatons |
|||||||||||||||||
| d. | Commercial purposes; |
See #1 | See #1 | - | CUP - Admin. | - | - | - | |||||||||
| 27. Limited commercial recreaton uses, such as riding clubs and related stables and trails, golf courses, swimming and picnic grounds; |
See #37 | See #37 | - | CUP - PC | - | - | - | ||||||||||
| 28. Golf courses and driving ranges; |
CUP - CC | CUP - CC | - | - | - | - | - | ||||||||||
| 29. Commercial swimming pools and picnic areas;CUP - CC |
CUP - CC | CUP - CC | - | - | - | - | - | ||||||||||
| 30. Temporary uses subject to regulatons established by Chapter 19.156 |
CUP - Admin. | CUP - Admin. | CUP - Admin. |
CUP - Admin. | CUP - Admin. | CUP - Admin. | CUP - Admi | ||||||||||
| 31. Buildings or structures which incorporate solar design features that require variaton from setbacks upon a determinaton 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. |
P | P | P | P | P | P | P | ||||||||||
| 32. Transmission lines, transformer statons, television and radio towers, and other public utlity and communicaton structures; |
CUP - PC | CUP - PC | - | - | - | - | - | ||||||||||
| 33. Adult (over 4 months of age) household pets per dwelling unit, limited as follows: |
|||||||||||||||||
| a. | No specifed number | P | P | - | - | - | - | - | |||||||||
| b. | Maximum of four, provided no more than two adult dogs or cats may be kept on the site |
- | - | P | - | P | P | P | |||||||||
| 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 |
- | - | - | P2 | - | - | - | |||||||||
| 34. Liter of dogs or cats up to four months of age; |
|||||||||||||||||
| a. | No specifed number | P | P | - | P | - | - | - | |||||||||
| Uses | A | A-1 | R-1 | RHS | RC1 | R-2 | R-3 | ||||||||||
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| b. | Maximum of one | - | - | P | - | P | P | P | |||||||||
| 35. Large animals, provided no animals are kept, maintained and raised for commercial purposes, limited as follows: |
|||||||||||||||||
| Two large animals for the frst 40,000 square feet of land area, except mules and donkeys which require 80,000 square feet for the frst animal One additonal large animal for each 20,000 square feet of land area One additonal large animal if said animal is raised for a 4H project, a project sponsored by a recognized agricultural organizaton or a school project |
See #1 | See #1 | - | P2 | - | - | - | ||||||||||
| 36. The keeping of any animal not otherwise permited above: #33, 34, and 35 |
- | - | - | CUP - Admin. | - | - | - | ||||||||||
| 37. Riding academies, commercial stables, and the boarding of horses; |
CUP - CC | CUP - CC | - | See #27 | - | - | - | ||||||||||
| 38. Noncommercial stables, and the keeping of riding horses: |
|||||||||||||||||
| a. | Limited to three horses on each lot at the any tme except that additonal foals may be retained for a period of six months; |
P | P | - | See #35 | - | - | - | |||||||||
| b. | In excess of the number permited in #38(a) |
CUP - CC | CUP - CC | - | See #35 | - | - | - | |||||||||
| 39. Cemeteries, crematoriums, mausolea, and columbariums |
CUP - CC | CUP - CC | - | - | - | - | - | ||||||||||
| 40. Mines, quarries and gravel pits; |
CUP - CC | CUP - CC | - | - | - | - | - | ||||||||||
| 41. Guest ranches; | CUP - CC | CUP - CC | - | - | - | - | - | ||||||||||
| Uses | A | A-1 | R-1 | RHS | RC1 | R-2 | R-3 | ||||||||||
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 42. Public and quasi-public buildings and uses.- |
CUP - CC | CUP - CC | - | - | - | - | - | ||||||||||
| 43. Hog | farms; | - | - | - | - | - | - | - | |||||||||
| 44. Catle farms mainly depending upon feed brought onto the property; |
- | - | - | - | - | - | - | ||||||||||
| 45. Slaughterhouses, fertlizer yards, feed yards, boneyards or plants for the reducton of animal mater; |
- | - | - | - | - | - | - | ||||||||||
| 46. Commercial feed sales; | - | - | - | - | - | - | - |
| Uses | A | A-1 | R-1 | RHS | RC1 | R-2 | R-3 | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 47. Other semiagricultural uses mainly depending upon raw materials, semifnished 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– Permited Use -– Not Allowed/Excluded Uses CUP - Admin.– Conditonal Use Permit issued by the Director of Community Development CUP - PC– Conditonal Use Permit issued by the Planning Commission CUP - CC– Conditonal Use Permit issued by the City Council 1. May be permited in locatons where the use is compatble with existng and planned uses within the development area in the opini 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 household pets may be kept with large animals, 3. Permited only under the Townhome (TH) Combining District 4. Permited by-right consistent with State law |
o |
- May be permitted in locations where the use is compatible with existing and planned uses within the development area in the opinio of Community Development,
(Ord. 20-2200, § 10, 2020; Ord. 20-2199, § 4, 2020; Ord. 17-2162, § 5, 2017; Ord. 162159, § 5, 2016; Ord. 16-2158, § 2, 2016; Ord. 14- 2125, § 5 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 24-2261, § 1 (part), 2024)