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Cupertino, CA Data Centers & Crypto Mining: Data Center Zoning & Siting (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

Dedicated ordinance
None
Use table
CMC Table 19.64.020
Primary district
ML light industrial
Office zones OA/OP/MP
Offices and labs only
Fallback permit
Planning Commission use permit

Summary

Cupertino has no data-center ordinance and no "data center" use in Table 19.64.020. A server facility fits the ML light industrial district as a manufacturing, research, or communications equipment building use, or needs a Planning Commission use permit.

Manufacturing, processing, assembly, research and development factories, laboratories, shops, and other uses which, in the opinion of the Director of Community Development are similar to uses permitted in the ML zoning district, and which do not create undue adverse impacts due to the effects of glare, noise, dust, or any other emission within the premises.

Source: Cupertino Municipal Code Title 19 (Zoning) and Chapter 10.48 (Community Noise Control)View official code

Full Breakdown

Table 19.64.020 of the Cupertino Municipal Code lists every permitted, conditional, and excluded use for the OA, OP, MP, ML, and ML-rc districts. No line names a data center. A server building is classified by the Director of Community Development into the closest listed ML use - manufacturing, processing, assembly, research and development, or a public utility communications and equipment building - both permitted by right in ML. Anything the Director cannot fit is a Planning Commission conditional use permit under row 47, a discretionary approval that triggers CEQA review and a public hearing. The OA and OP office districts and the MP industrial park district allow only offices and laboratories, so a data center does not belong there.

Violations & Fines

Operating a data center in a district where Table 19.64.020 does not permit it, or without a required conditional use permit, is a zoning violation enforced by Cupertino Code Enforcement.

Frequently Asked Questions

Where can a data center be built in Cupertino?
In the ML light industrial district, classified into the closest listed use in Table 19.64.020. The OA, OP, and MP office and industrial-park districts allow only offices and laboratories, so a server campus does not fit them.
Does Cupertino have a data-center ordinance?
No. Cupertino has adopted no data-center ordinance and no data-center use category. Existing Title 19 zoning and Chapter 10.48 noise rules govern instead.
Who do I contact about data-center rules in Cupertino?
The Planning Division and the Planning Commission handle zoning changes, and the City Council adopts ordinances. Start at the Planning Division page at cupertino.gov to reach staff or comment on an application.

Sources & Official References

Other rules in Cupertino

All Cupertino rules

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