Title 19 — ZONING 

Chapter 19.72 — LIGHT INDUSTRIAL (ML) AND INDUSTRIAL PARK (MP) ZONES 

Cupertino Zoning Code · 2026-06 edition · ingested 2026-07-06 · Cupertino

19.72.010 Purpose. 

The purpose of the light industrial (ML) zoning district is to provide for, and regulate, certain industrial uses which are incompatible with commercial and residential uses but perform important storage, manufacturing or servicing functions for such commercial and residential uses in the City. The property in this zone should be located near central business areas, near arterial traffic routes, along railroad lines, or where specialized services for residential areas should be concentrated. Activities and hazardous materials that may be used in the light industrial zoning district are specifically incompatible with schools, daycare centers, convalescent care centers and other sensitive receptors and such sensitive receptors are prohibited from this zoning district.

The purpose of the Industrial Park (MP) zoning district is to provide regulations for parcels or combinations of parcels of land of twenty-five acres or more on which development of light industrial parks is deemed appropriate.

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

19.72.020 Applicability of Regulations. 

No building, structure, or land shall be used, and no building or structure shall be erected, structurally altered, or enlarged in an ML and MP zone, otherwise than in conformance with the provisions of this chapter and other applicable provisions of this title.

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

19.72.030 Permitted, Conditional and Excluded Uses. 

Permitted, Conditional and Excluded Uses that may be conducted from property zoned Light Industrial (ML) or Planned Industrial (MP) are identified in Table 19.64.020.

(Ord. 2085, § 2 (part), 2011)

19.72.040 Permits Required for Development. 

Prior to the erection of a new building or structure or enlargement or modification of an existing building, structure, or site (including landscaping and lighting) in an ML or MP zoning district, the applicant for a building permit must obtain permits in accord with Chapter 19.12.

(Ord. 2085, § 2 (part), 2011)

19.72.050 Restrictions Related to Emissions. 

No use shall be allowed which is or will be offensive by reason of the emission of dust, gas, smoke, noise, fumes, odors, bright lights, vibrations, nuclear radiation, radio frequency interference, or otherwise. Every use shall be operated in such manner that the volume of sound inherently and recurrently generated shall not exceed sixty-five decibels during the day and fifty- five decibels at night, at any point on the property line on which the use is located, or sixty decibels during the day and fifty-five decibels at night, at any point on the property line on which the use is located where such property line abuts property that is

zoned for residential purposes. Noise and sounds shall be appropriately muffled in such manner so as not to be objectionable as to intermittent beat, frequency, or shrillness.

Provided further that prior to issuance of a building permit the Building Inspector may require evidence that adequate controls, measures, or devices have been provided to insure and protect the public interest, health, comfort, convenience, safety and general welfare from such nuisances.

Emissions of noise, vibrations, radiation, light, smoke, fumes or gas, odor, dust and toxic waste shall be limited to quantities indicated in this section. The limitations shall apply at any point outside the boundary of each lot in an ML zone, the boundary assumed, for the purpose of this title, to extend in a vertical plane and below ground. In case of further subdivision or lot split, the limitations shall not apply outside any resulting lot.

Vibration. Vibrations in the nonaudible range shall not be of such intensity that they can be perceived without instruments.

Radiation. Electromagnetic radiation shall not result in perceptible disturbance of television or radio reception.

Light. In addition to the lighting standards in Chapter 19.102, all development shall meet the following lighting standards:

The intensity of light at the boundary of each lot shall not exceed seventy-five footlamberts from a source of direct light, or one hundred footlamberts from a source of reflected light.

The intensity of light at the boundary of an industrial zone, or an industrial area in a planned development (P) zone, shall not exceed fifty footlamberts from a source of direct light, or seventy-five footlamberts from a source of reflected light.

In the event there is a conflict with Chapter 19.102, the less stringent lighting standards shall apply.

Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible grey smoke of a shade equal to or darker than No. 1 on the Ringelmann Smoke Chart, as published by the U.S. Department of Interior, Bureau of Mines, Informational Circular 8333, May 1967; except that a visible grey smoke of a shade equal to No. 2 on the Ringelmann Smoke Chart may be emitted for four minutes in any thirty minutes.

e permitted at any point, from any chimney or otherwise, of visible grey smoke of a shade equal to or darker than No. 1 on the Ringelmann Smoke Chart, as published by the U.S. Department of Interior, Bureau of Mines, Informational Circular 8333, May 1967; except that a visible grey smoke of a shade equal to No. 2 on the Ringelmann Smoke Chart may be emitted for four minutes in any thirty minutes.

Hazardous and Toxic Materials. The use, handling, storage, and transportation of toxic and hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations (California Administrative Code, Title 22, Division 4). The use, storage, manufacture and disposal of hazardous materials shall be regulated and monitored according to the standards established by the U.S. Environmental Protection Agency (EPA), the California Environmental Protection Agency (Cal/EPA) and any delegated government agencies.

Odor. No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be readily detectable without the aid of instruments at the boundaries of the lot or in such concentrations as to create a public nuisance or hazard beyond such boundaries. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is established as a guide in determining such quantities of offensive odors, Table III, Odors Thresholds, in Chapter 5 of Air Pollution Abatement Manual, copyrighted in 1951 by Manufacturing Chemists Association, Inc., Washington, D.C.

Fly Ash, Dust, Fumes, Gases and Other Forms of Air Pollution. No emission shall be permitted which can cause any damage to health, animals, vegetation or other forms of property, or that will result in the collection of heavy gases at ground level. No emission shall be permitted in excess of fifty percent of the standards specified in Table I, Chapter 5 of Industrial Hygiene Standards, Maximum Allowable Concentrations of the Air Pollution Abatement Manual, copyrighted in 1951 by Manufacturing Chemists Association, Inc., Washington, D.C. In no event shall any emission, from any chimney or otherwise, exceed one-tenth of a grain (0.1 grain)

per cubic foot of the conveying gas. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of five hundred degrees Fahrenheit and fifty percent excess air.

Wastes. No discharge shall be permitted into any public street or sewer, private sewage disposal system, stream, body of water, or into the ground, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, corrode or otherwise damage sewers or pipelines, or otherwise cause the emission of dangerous or offensive elements, except in accordance with standards approved by the California Environmental Protection Agency (Cal/EPA) and any other governmental agency having jurisdiction over the activities.

mperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, corrode or otherwise damage sewers or pipelines, or otherwise cause the emission of dangerous or offensive elements, except in accordance with standards approved by the California Environmental Protection Agency (Cal/EPA) and any other governmental agency having jurisdiction over the activities.

(Ord. 21-2225, Att. A (§ 5), 2021; Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

19.72.060 Site Development Regulations. 

Table 19.72.060 sets forth the rules and regulations pertaining to the development of structures on property zoned Light Industrial (ML and ML-rc) and Industrial Park (MP). In MLrc and ML-fa zones, if no standards are listed, the standard reverts to the ML zoning standards.

Table 19.72.060: Site Development Regulations 

ML ML-rc ML-fa MP
A. Minimum Lot Area, Lot Dimensions and Building Coverage
1. Minimum
Lot Area
10,000 square feet 1 acre
2. Zoning
Designaton
Each lot shall be designated with a number afer a dash representng the minimum
number of square feet (in thousands) allowed for such lot.
3. Lot
Dimensions
Each lot shall have a shape such that a square with a side of 100
feet can be inscribed within the lot.
150 feet
4. Maximum
Lot
Coverage
40% 40%
B. Height
1. Building 40 feet (limited to 2 stories) unless a diferent height is allowed by
the General Plan
30 feet
(limited to
3 stories)
unless a
diferent
height is
allowed by
the
General
Plan
2. Accessory
Structure
15 feet (limited to one story) 15 feet
(limited to
one story)
C. Setbacks
1. Front Yard 25 feet or must conform to 19.72.060(C)6 below 50 feet but
not less
than a
distance
equal to
the height
of the
building
measured
from
natural
grade
ML ML ML-rc ML-fa
--- --- --- --- --- --- --- --- --- ---
2. Side Yard
a.
Interior
Side
No minimum if adjacent to ML or T zoning
otherwise 15 feet, and must conform to
19.72.060(C)4 below
districts, The
building
shall extend
the entre
width of
the lot,
except for
one
driveway or
gateway no
wider than
necessary.
b.
Street
Side of
Corner
Lot
No minimum if adjacent to ML or T zoning
otherwise 15 feet, and must conform to
19.72.060(C)4 below
districts, 50 feet but not less than a
distance equal to the
height of the building
measured from the
natural grade.
3. Rear Yard No minimum if adjacent to ML or T zoning
otherwise 20 feet, and must conform to
19.72.060(C)4 below
districts, 30 feet but not less than a
distance equal to the
height of the building
measured from the
natural grade.
4. Buildings
over 20 feet
No part higher than 20 feet of a building
a lot line than one-half of its height.
in an ML zoning district shall be closer to
5. Buildings
over 35 feet
No structure in excess of
35 feet in height shall be
located closer to a
residental zone than a
distance equal to four
tmes its height.
6. Setback
from
Residental
Zones
When lot adjacent to or separated by a
street from area zoned R-1 or A-1, setback
shall be 50 feet for all required yard
setbacks.
25 feet closest to any lot line shall be used
for landscaping, plantng or screening
(except for access ways). The remainder of
any such yard may be used only for of-
street parking, or shall be maintained as a
landscaping plantng strip in the same
manner as the frst 25 feet.
100 feet
25 feet closest
to any lot line
shall be used for
landscaping,
plantng or
screening
(except for
access ways.)
7. Distance
Between
Buildings on
same lot
30 feet unless it is a
complex with similar
architecture on lots of 10
acres or more.
D. Of-street
Parking
Shall be in accord with the requirements of Chapter
19.124. However, where the number of parking
spaces exceeds one per 500 square feet of total lot
area, the use shall be subject to the issuance of a
conditonal use permit as required by Chapter 19.60.
Shall be in accord with the
requirements of Chapter
19.124 and shall not be
located in the required
front yard setback area or
street side yard setback
area of a corner lot
E. Driveway
Access and
Driveways
1. There shall be
no direct
vehicular
access from
ML-rc zoned
propertes to
Stevens
Creek
Boulevard
and
McClellan
Road
One
driveway
or
gateway
no wider
than
necessary.
ML ML-rc ML-fa
--- --- --- --- --- --- --- --- --- ---
2. There shall be
no street
connecton
with
McClellan
Road
between
Highway 85
and the
railroad line
3. All onsite
driveways
shall have
adequate
width and
length to
accommodate
the largest
vehicles that
normally
serve a lot,
without
blocking any
part of the
public right-
of-way.
F. Loading Shall be in
accord with
requirements
of Chapter
19.124.
Loading space shall not
be located within the
front yard or side yards
of the property and
shall be screened from
public street view.
Loading,
unloading
and
parking of
delivery
vehicles
shall be
located in
the rear
of the
building
1. At least one (1)
permanently
maintained
loading space
not less than 10
f. in width, 30
f. in length, and
15 f. high for
each 20,000
sq.f. of gross
building foor
area or fracton
thereof.
2. All loading space
shall have
ingress and
egress from
alleys or service
drives.
3. Loading space
shall not be
located within
the required
front yard or in
any required side
yard facing the
street on a
corner lot.
ML ML-rc ML-fa
--- --- --- --- --- --- --- --- --- ---
ML ML-rc ML-fa MP
G. Landscaping Shall be in
accord with
the
requirements
of Chapter
14.15, the
Landscaping
Ordinance
1. Front yards
shall be
landscaped
2. Rear yards
facing
Highway 85
shall be
screened by
landscaping
from public
street view.
3. Shall be in
accord with
the
requirements
of Chapter
14.15, the
Landscaping
Ordinance
Shall be in accord with the
requirements of Chapter
14.15, the Landscaping
Ordinance
H. Fences Shall be in accord with the requirements
19.48
of Chapter No fence, hedge or wall
shall be higher than two
and one-half feet within a
front yard. All plantng,
fencing and walls,
including, but not
restricted to fences and
walls along rear and side
property lines, shall be as
approved
I. Utlites and
Amenites
1. The following shall be installed subject to
the specifcatons of the subdivision
ordinance:
All utlites including water, gas, sanitary
and storm sewers, underground power
systems, and
Amenites including, lightng
electroliers, curbs, guters, streets and
sidewalks and
Connectons to main systems shall be
installed subject to the specifcatons of
the subdivision ordinance of the City.
2. All wires, pipes, cables, utlites and
connectons shall be placed in underground
or subsurface conduits subject to the
specifcatons of the subdivision ordinance
of the City.
3. Underground vaults, or, well screened
areas, if underground vaults are deemed to
be infeasible by the City Engineer and the
Director of Community Development, must
be provided for the installaton of the
necessary utlites.
1. The following
shall be installed
subject to the
specifcatons of
the subdivision
ordinance:
All utlites
including
water, gas,
sanitary and
storm
sewers,
underground
power
systems, and
Amenites
including,
lightng
electroliers,
curbs,
guters,
streets and
sidewalks
and
Connectons
to main
systems shall
be installed
subject to
the
specifcatons
of the
subdivision
ordinance of
the City.
2. All wires, pipes,
cables, utlites
and connectons
shall be placed in
underground or
subsurface
conduits subject
to the

==> picture [77 x 218] intentionally omitted <==

ML ML-rc ML-fa MP specifications of the subdivision ordinance of the City. 3. Underground vaults, or, well screened areas, if underground vaults are deemed to be infeasible by the City Engineer and the Director of Community Development, must be provided for the installation of the necessary utilities.

(Ord. 2085, § 2 (part), 2011)