Title 19 — ZONING 

Chapter 19.84 — PERMITTED, CONDITIONAL AND EXCLUDED USES IN OPEN SPACE, PARK AND…

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

19.84.010 Applicability of Regulations. 

No building or structure or land shall be used in an OS, PR and FP zoning district, otherwise than in conformance with the provisions of this chapter.

(Ord. 14-2125, § 9 (part), 2014; Ord. 2085, § 2 (part), 2011)

19.84.020 Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation…

Table 19.84.020 sets forth the Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation zones.

Table 19.84.020: Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation Zones 

Uses Zoning Districts Zoning Districts Zoning Districts Zoning Districts
OS PR FP
A. Low-intensity recreatonal uses such as hiking,
birdwatching, walking, picnicking and other similar actvites		 P P -
Uses Zoning Districts Zoning Districts Zoning Districts
--- --- --- --- --- --- ---
OS PR
B. Minor maintenance of vegetaton such as mowing or
trimming		 P P
C. Incidental gardening P P
D. The erecton or maintenance of minor structures, such as
fences, gates, culverts and drainage ditches.		 P P
E. Any legal nonconforming use as provided for in Chapter
19.140 of the City's Ordinance Code		 P P
F. Temporary uses subject to regulatons established by
Chapter 19.160		 CUP -
Admin		 P
G. Noncommercial stables for riding horses CUP -
Admin		 -
H. Artfcial or constructed pools, ponds, lakes or streams CUP -
Admin		 P
I. Playgrounds CUP -
Admin		 P
J. Any other use which is compatble with open space or
park and recreaton and otherwise is in conformance with
the purposes of the OS or PR zoning district		 CUP -
Admin		 P
K. Parks, playgrounds, and recreaton facilites, as regulated
by Title 13 of this code		 - P
L. Agricultural actvites for educatonal and recreatonal
purposes, such as community gardens and hobby farms		 - P
M. Single-family residences for the purpose of housing a
caretaker for the park. The residence may take the form of a
mobilehome as well as a permanent residental structure.		 - P
N. Accessory facilites and uses customarily incidental to
permited uses and otherwise conforming with the
provisions of Chapter 19.92 of this ttle		 P P
O. Parking facilites as necessary for park usage - P
P. Outdoor Uses:
1. Equestrian center including riding academies,
stables and horse rental,
2. Practce range for archery or frearms,
3. Golf course with or without driving range,
4. Swim and racquet club,
5. Swimming, diving or related sports center,
6. Picnic areas,
7. Racquet sports center for tennis, racquetball,
badminton and similar actvites,
8. Specialty outdoor actvity center encompassing
one or more of the following or similar uses:
Roller skatng,
Skateboarding,
Lawn bowling, bocce ball,
Miniature golf,
Waterslide,
9. Commercial athletc feld for one or more of the
following or similar uses:
Baseball, sofball or batng cage training,
Football
Soccer,
Volleyball,		 - -
Uses Zoning Districts Zoning Districts Zoning Districts Zoning Districts
--- --- --- --- --- --- ---
OS PR FP
Field hockey,
Basketball,
10. Amusement parks with or without rides or live
entertainment,
11. Bicycle motocross course/go-cart track or similar
specialty raceway, but excluding facilites for racing
of automobiles or motorcycles,
12. Air sports feld for hang gliding, ultralight aircraf or
ballooning, but excluding common carrier passenger aircraf
service,
13. Other outdoor recreaton uses which are found by the
Director of Community Development to be of similar
intensity and characteristcs of use to those enumerated in
this subdivision;		 - - CUP -
PC
Q. Indoor Uses:
1. Museums and galleries,
2. Theaters for flm, stage or music entertainment,
3. Specialty indoor actvity center encompassing one
or more of the following or similar uses:
Bowling,
Video games,
Pool, billiards,
Martal arts,
Ice or roller skatng rink,
4. Personal ftness or sports training center with
primary locaton of facilites and equipment
enclosed within a structure,
5. Dancehall or facility for dance instructon,
6. Other indoor recreaton uses which are found by
the City Council or Planning Commission to be of
similar intensity and characteristcs of use to those
enumerated in this subsecton.		 - - CUP -
PC
R. Subsidiary Uses:
1. Competton and tournament facilites, including
stadium seatng, concession stands and box
ofce/tcket sales for on-premises events only,
2. Restaurant without separate bar facility,
3. Repair shop, servicing equipment associated with
the actvites authorized under the principal use
permit,
4. Retail sales of equipment and supplies customarily
associated with the actvites authorized under the
principal use permit,
5. Caretaker's or security ofcer's residence
6. Other uses deemed by the Planning Commission or
City Council to be subsidiary to the principal use
authorized on the site.		 - - CUP -
PC
S. Card Clubs and similar businesses operatng games of
chance		 - - Ex
T. Nightclubs - - Ex
U. Other uses which are found by the Director of
Community Development to be in confict with the
objectve of the FP zoning district		 - - Ex
12. Air sports feld for hang gliding, ultralight aircraf or
ballooning, but excluding common carrier passenger aircraf
service,		 - - CUP -
PC
Uses
 Zoning Districts Zoning Districts Zoning Districts Zoning Districts
--- --- --- --- --- --- ---
OS PR FP
13. Other outdoor recreaton uses which are found by the
Director of Community Development to be of similar
intensity and characteristcs of use to those enumerated in
this subdivision;
Uses Zoning Districts Zoning Districts Zoning Districts Zoning Districts
Q. Indoor Uses:
1. Museums and galleries,
2. Theaters for flm, stage or music entertainment,
3. Specialty indoor actvity center encompassing one
or more of the following or similar uses:
Bowling,
Video games,
Pool, billiards,
Martal arts,
Ice or roller skatng rink,
4. Personal ftness or sports training center with
primary locaton of facilites and equipment
enclosed within a structure,
5. Dancehall or facility for dance instructon,
6. Other indoor recreaton uses which are found by
the City Council or Planning Commission to be of
similar intensity and characteristcs of use to those
enumerated in this subsecton.		 - - CUP -
PC
R. Subsidiary Uses:
1. Competton and tournament facilites, including
stadium seatng, concession stands and box
ofce/tcket sales for on-premises events only,
2. Restaurant without separate bar facility,
3. Repair shop, servicing equipment associated with
the actvites authorized under the principal use
permit,
4. Retail sales of equipment and supplies customarily
associated with the actvites authorized under the
principal use permit,
5. Caretaker's or security ofcer's residence
6. Other uses deemed by the Planning Commission or
City Council to be subsidiary to the principal use
authorized on the site.		 - - CUP -
PC
S. Card Clubs and similar businesses operatng games of
chance		 - - Ex
T. Nightclubs - - Ex
U. Other uses which are found by the Director of
Community Development to be in confict with the
objectve of the FP zoning district		 - - Ex
Key:
P– Permited Use
-– Not Allowed
CUP - PC– Conditonal Use Permit issued by the Planning Commission
CUP - CC– Conditonal Use Permit issued by the City Council
Ex– Excluded Uses

(Ord. 14-2125, § 9 (part), 2014; Ord. 2085, § 2 (part), 2011)

CHAPTER 19.88: OPEN SPACE (OS) ZONES 

19.88.010 Purpose. 

Open space (OS) zones are intended to provide for the establishment of open space uses in private natural areas in order to avoid urban sprawl and to preserve environmentally sensitive areas in their natural condition.

(Ord. 2085, § 2 (part), 2011; Ord. 1608, § 1 (part), 1992)

19.88.020 Applicability of Regulations. 

Prohibition. No structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered, or enlarged in an open space (OS) zone, otherwise than in conformance with the provisions of this chapter.

Limitations to Applicability of Regulations. The open space zoning district may only be designated on land within the City of Cupertino under one, or more, of the following circumstances:

The property owner of the subject property either makes application with the City for such designation to apply to his or her property, or otherwise gives his or her written consent to the application of this chapter to his or her property;

The subject property is encumbered by any recorded open space easement or written dedication of the development rights granted to the City;

The subject property is to remain open space under the terms of any development agreement entered into pursuant to the City's Ordinance Code, or under the terms of any written and recorded private agreement, a copy of which is provided to the City prior to any designation under this chapter;

The subject property is to remain open space under any condition of approval to any implemented entitlement of use, including, but not limited to, development permits, planned development permits, conditional use permits, variances, subdivision maps, exceptions, or building permits issued by the City or any other public agency.

(Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010; Ord. 1608, § 1 (part), 1992)

19.88.030 Permitted, Conditional and Excluded Uses. 

Permitted, Conditional and Excluded Uses that may be conducted from property zoned Open Space (OS) are identified in Section 19.84.020.

(Ord. 2085, § 2 (part), 2011)

19.88.040 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 OS zoning district, the applicant for a building permit must obtain permits in accord with Chapter 19.12.

(Ord. 2085, § 2 (part), 2011)