The standards in this chapter apply to accessory uses within all zones as defined in Part 7 (Definitions).

In the event of any inconsistency between regulations in this chapter and those outside of this chapter, the provisions of this chapter shall govern.

Relation. An accessory use or structure shall be clearly incidental and subordinate to a permitted primary use or structure to which it is related.

Timing. An accessory use or structure shall be constructed or otherwise established at the same time as or after the primary use or structure.

Attached Structures. An accessory structure attached to a primary structure shall be considered a part of the primary structure and shall comply with all standards and regulations applicable to the primary structure.

Habitation. Other than approved second dwelling units governed by Chapter 17.37 (Secondary Dwelling Units), and guest houses, as defined in Part 7 (Definitions), accessory structures such as, but not limited to, garages and storage sheds, shall not be used for human habitation.

Safety. For fire safety purposes, accessory structures shall comply with all minimum setbacks between buildings as required by the Building Code.

Compatibility. An accessory structure shall be compatible with and conform to the design standards of the primary structure.

Non-habitable accessory structures shall not exceed 200 square feet.

The aggregate area of all non-habitable accessory structures on a property shall not exceed 10 percent of the lot size or 1,000 square feet, whichever is less.

There shall be a minimum separation of 7 feet between principal and accessory buildings. The minimum distance between two or more accessory buildings shall be 6 feet.

Non-habitable accessory structures shall not be located within a front yard setback and shall be a minimum of 3 feet from the side or rear property line if there are no openings facing the property line and 5 feet from the side or rear property line if there are openings facing the property line.

The height of accessory structures shall not exceed 15 feet or one story.

Metal storage containers designed to carry freight are prohibited.

Outdoor vending machines are prohibited.

Accessory uses that are not enclosed by an accessory structure such as, but not limited to, outdoor storage shall be enclosed and screened from view with walls or fences that may be up to eight feet in height.

Accessory uses and structures shall not generate additional pedestrian or vehicular traffic, parking needs, or adverse environmental impacts on the respective site or its immediate surroundings.

An accessory structure shall be architecturally compatible with the primary structure. Metal storage containers designed to carry freight are prohibited.

Excluding detached garages/carports, spas and swimming pools, accessory structures shall not exceed 10 percent of the lot size or 1,000 square feet, whichever is less.

With the exception of a decorative entry feature, accessory structures shall not be located in the front yard or within any portion of the yard that projects between the residence and the front property line.

There shall be a minimum separation of 7 feet between principal and accessory buildings. The minimum distance between two or more accessory buildings shall be 6 feet.

Accessory structures shall be located a minimum of 3 feet from the side or rear property line if there are no openings facing the property line and 5 feet from the side or rear property line if there are openings facing the property line.

Swimming pools and spas and associated equipment shall be located a minimum of 5 feet from the side and rear property line, and shall not be permitted in the front yard.

The aggregate area of all accessory structures on a property shall not exceed 10 percent of the lot size or 1,000 square feet, whichever is less.

The height of accessory structures shall not exceed 15 feet, with the exception of play equipment that is located in the side or rear yard.

Accessory structures shall be limited to one story only and shall not have a second floor.

Unenclosed outdoor storage shall be located in an area that is screened from view and shall be limited to a maximum of 100 square feet.

Guest houses shall not have a kitchen. A small wet bar is permitted with a counter surface area less than 10 square feet (including sink), small sink (not to exceed 15 inches by 15 inches), and refrigerator that is less than 5 cubic feet in volume.

Accessory structures shall complement the scale, setback, roof form, design, and materials of the primary building and surrounding secondary structures.

Accessory structures, particularly garages, should face onto and be accessible only from alleys. Where no alleys exist, accessory structures should be located to the rear of the property behind the primary structure, with access through the side yard.

Materials used for accessory structures should reflect the utilitarian function of the building and the materials used on surrounding structures.

Ramps or other accessibility-related installations of an accessory structure should be unobstructive and located on the rear or side of the accessory structure.

Protect neighborhoods from deleterious impacts associated with adult businesses;

Protect public health, safety and welfare;

Ensure the establishment and conduct of adult businesses is properly regulated; and

Ensure that adult businesses are sited away from proximity to sensitive land uses.

New Structures and Uses. All new structures and uses proposed or established after the effective date of the Zoning Ordinance shall comply with the standards in this chapter.

Existing Structures and Uses. When an existing structure or use is expanded it shall comply with the standards in this chapter.

A person may not engage in, conduct or carry on, or allow to be engaged in operation of an adult business without a Conditional Use Permit valid for adult business and a business license. The penalties for violation of this section shall be in accordance with the provisions of Chapter 1.16 (Penalty Provisions) of the Municipal Code and Section 17.22.090 of this Zoning Ordinance.

An adult business shall comply with the applicable City permit and inspection procedures specified in Part 5 (Land Use and Development Approval Procedures). Failure to comply with any requirements shall be grounds for denial, suspension, or revocation of the permit.

Every adult business granted a permit shall display the permit in a conspicuous place within the adult business at all times during business hours.

Prior to approval of an adult business permit pursuant to the provisions specified in Part 5 (Land Use and Development Approval Procedures), the police chief shall investigate the information contained in all adult business permit applications, and recommend in a report whether to grant, deny, or renew adult business performer permits based on the following conditions:

For the purposes of this chapter, all distances shall be measured by drawing a circle, around the centerpoint of the unit or building containing the adult business.

In establishing an adult business, the siting criteria shall apply both to sensitive uses and to other adult businesses regardless of whether they are inside or outside the boundaries of the City.

The establishment or maintenance of an adult business shall be subject to the siting criteria setting forth minimum distances for sensitive uses within the following radii as follows:

The establishment of an adult business shall comply with the applicable site development standards, including parking, of the zone in which the adult business is located, and with the building code, fire code, and health and safety code of the City. If an applicant or operator of an adult business proposes new construction, renovation or change of use of any adult business that requires a building permit pursuant to the terms of the City building code, then the applicant or operator shall be subject to all the requirements and conditions of the building codes, laws, regulations, and standards in the same manner as for any other building or structure of the same type, size, and occupancy classification.

An adult business shall not be open for business between the hours of 2:00 a.m. and 11:00 a.m. on any particular day.

No adult business shall be constructed or operated in any manner that permits observation of adult materials or performances from any public location outside the building or portion thereof in which the adult business is conducted. This provision also applies to signs, advertisements, displays, or other promotional materials. No exterior door or window on the premises shall be propped or kept open at any time during business hours. All exterior windows shall be covered with opaque covering at all times.

No person under the age of 18 years shall be permitted within the premises at any time if no liquor is served, and 21 if liquor is served. The building entrance to the adult business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.

The premises within which the adult business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere outside the premises.

Each adult business shall be provided with a manager's station for the purpose of supervising activities within the business. A manager shall be on duty on the premises during all times that the adult business is open to the public.

All interior doors shall not be locked during business hours.

All indoor areas of the adult business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

All exterior areas of adult businesses, including buildings, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds, and debris.

Off-street parking shall be provided for the adult business as specified for the zone in which the business is located in accordance with the parking provisions of Chapter 17.11 (Parking and Loading).

All off-street parking areas and premises entries of the adult business shall be illuminated from dusk to closing hours of operation with a lighting system that provides an average maintained horizontal illumination of 1 foot-candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct.

Any adult business that is an "adult arcade" also shall comply with the following provisions:

Adult businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

For the purpose of this section, "couch dancing" or "straddle dancing" shall be defined as an employee of the adult business intentionally touching any patron while engaged in the display or exposure of any specified anatomical area, or while simulating any specified sexual activity.

For the purposes of this section, "anatomical area" shall be defined as any of the following:

For the purposes of this section, "sexual activity" shall be defined as any of the following, whether performed directly or indirectly through clothing or other covering:

No person shall operate an adult business, knowingly or unknowingly, that allows any employee:

No employee of an adult business shall:

No patron at any adult business, regardless of whether or not such business is permitted under this chapter, shall intentionally touch an employee who is displaying or exposing any specified anatomical area or engaging in a specified sexual activity at the adult business.

No patron at any adult business, regardless of whether or not such business is permitted under this chapter, shall engage in a couch dance or straddle dance with an employee at the business who is displaying or exposing any specified anatomical area or engaging in a specified sexual activity.

A performer shall not perform, entertain, dance, and/or model for patrons of an adult business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by patrons. No patron shall be permitted within 10 feet of the stage while the stage is occupied by a performer. A performer shall not perform, entertain, dance, and/or model at an adult business at any time closer than 10 feet to any patron.

A railing, fence, partition or other barrier at least 30 inches in height shall be maintained in front of the stage or stages that is capable of, and which actually results in, separating the performers on stage and patrons by at least 10 feet.

No patron shall directly pay or give any tip or gratuity to any performer and no performer shall solicit or directly receive any tip or gratuity from any patron at an adult business. This prohibition shall apply at all times on the adult business premises, including during, after, and before a performance.

The permittee, employee, agent, partner, director, stockholder, or manager of an adult business has performed, allowed, permitted, or failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult business:

To provide mechanisms to address problems often associated with public consumption of alcoholic beverages, such as litter, loitering, graffiti, and escalated noise levels;

To help ensure that alcoholic beverage sales establishments are not the source of undue public nuisances in the community;

To require alcoholic beverage sales establishments to be properly maintained so that they are not harmful to the surrounding environment; and

To monitor existing establishments to ensure they meet local and state requirements.

This chapter shall apply to applications for on-site and off-site alcoholic beverages sales establishments as defined in Part 7 (Definitions).

In the event of any inconsistency between regulations in this chapter and those outside of this chapter, the provisions of this chapter shall govern.

The review and decision-making authority for alcoholic beverages sales establishments shall depend on the type of establishment and permit required for the zone in which the alcoholic beverage establishment is proposed. Refer to Part 2 (Zoning Districts, Land Uses, and Development Standards) of the Zoning Ordinance for land use regulations for each zoning district. Refer to Part 5 (Land Use and Development Approval Procedures) of the Zoning Ordinance for permit application procedures.

The review and decision-making authority for alcoholic beverages sales establishments shall determine findings of public convenience and necessity required by the California State Department of Alcoholic Beverage Control.

The review authority shall be guided by the provisions of this chapter when reviewing an alcoholic beverage sales establishment application in addition to the standards of the zone in which the establishment is proposed.

The officials responsible for enforcement of the City Municipal Code or other provisions of the Zoning Ordinance or their duly authorized representatives may enter on any site or into any structure for the purpose of investigation provided they do so in a reasonable manner whenever they have cause to suspect a violation of any provision of this ordinance.

For the purposes of this chapter, all distances shall be measured by drawing a circle around the centerpoint of the unit or building containing the alcoholic beverage sales activity.

The establishment or maintenance of an alcoholic beverage sales activity shall be subject to the siting criteria setting forth minimum distances for sensitive uses and other off-site sales activity within the following radii as measured from the centerpoint of the use:

The business shall comply with all of the conditions of the conditional use permit or administrative use permit that authorizes its operation.

The operation of the business shall comply fully with all the rules, regulations, and orders of the California Alcoholic Beverage Control Department. Failure to comply with these requirements shall constitute grounds for revocation of a conditional use permit or administrative use permit.

The owners and all employees of the alcohol beverage sales establishment shall complete an approved, certified alcohol education course within 60 days of hire for employees hired after the passage of this ordinance or within 6 months of the passage of this ordinance for existing employees. To satisfy this requirement, a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body designated by the State of California.

Adequate litter receptacles shall be provided. All litter shall be removed from the exterior areas around the building as required and no less frequently than once each day the business is open.

If the alcohol beverage sales establishment is abutting a residential zone or use, or other sensitive use, additional landscaping and/or sound walls may be required.

Except within City-approved outdoor eating places that are adequately separated from direct public access, no alcoholic beverages shall be consumed outside of an enclosed building.

No wine with an alcoholic content greater than 15 percent by volume shall be displayed, sold, or given away unless the following conditions are met:

For restaurants, bars, taverns, and cocktail lounges, signs advertising alcoholic beverages shall be limited to no more than 50 percent of the temporary window display permitted by the sign ordinance.

No reference to liquor, any alcoholic beverage or product, or alcoholic beverage brand name may be included in any permanent signage for any establishment selling alcoholic beverages for on-site consumption other than that displayed by bars, taverns, and cocktail lounges.

Employees engaged in the sale or service of alcoholic beverages for on-site consumption shall be at least 21 years old.

For all businesses and other facilities engaged in the sale or service of alcoholic beverages for on-site consumption other than bars and taverns, the sale of alcoholic beverages shall be incidental and accessory to other permitted activities.

The business shall comply with all of the conditions of the conditional use permit or administrative use permit that authorizes its operation.

The operation of the business shall comply fully with all the rules, regulations, and orders of the California Alcoholic Beverage Control Department. Failure to comply with these requirements shall constitute grounds for revocation of a conditional use permit or administrative use permit.

The owners and all employees of the alcohol beverage sales establishment shall complete an approved, certified alcohol education course within 60 days of hire for employees hired after the passage of this ordinance or within 6 months of the passage of this ordinance for existing employees. To satisfy this requirement, a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body designated by the State of California.

Adequate litter receptacles shall be provided. All litter shall be removed from the exterior areas around the building as required and no less frequently than once each day this business is open.

If the alcohol beverage sales establishment is abutting a residential zone or use, or other sensitive use, additional landscaping, and/or sound walls may be required.

All display of alcoholic beverages shall be located a minimum of 5 feet from the store entrance.

For establishments that sell or give away alcoholic beverages and also sell gasoline, no signs advertising alcoholic beverages may be visible from the exterior of the building. Except for liquor stores, the signage for which shall be governed by conditional use permit and the City sign ordinance, signage advertising alcoholic beverages for all other establishments selling alcoholic beverages for off-premises consumption shall be limited to no more than 50 percent of the temporary window display. No reference to liquor, any alcoholic beverage or product, or alcoholic beverage brand name may be included in any permanent signage for any establishment selling alcoholic beverages for off-site consumption other than that displayed by liquor stores.

No wine shall be displayed, sold, or given away in containers of less than 750 ml, and wine coolers shall not be sold in units less than a four pack.

No distilled spirits shall be displayed, sold, or given away in containers of less than 250 ml, except 200 ml pre-mixed cocktails.

The display, sale, or distribution of 50 ml "airport bottles" and 375 ml "hip flask" containers is prohibited.

No wine with an alcoholic content greater than 15 percent by volume shall be displayed, sold, or given away unless the following conditions are met:

No sale or distribution of alcoholic beverages shall be made from a drive-up or walk-up window.

No display, sale, or distribution of beer or wine, wine coolers or similar alcoholic beverages shall be made from an ice tub, barrel, or similar container.

Employees engaged in the sale or distribution of alcoholic beverages shall be at least 21 years old or at least one salesperson 21 years old or older must be on the premises during all times when alcoholic beverages are sold.

The proposed alcoholic beverage sales activity establishment is in a zoning district in which the establishment is a permitted use.

A finding of "public convenience and necessity" if the activity will be located in an area that has been determined by the State of California Department of Alcoholic Beverage Control to have an undue concentration of licenses, as defined in Business and Professions Code Section 23958.4(a).

A finding that the alcoholic beverage sales activity will not aggravate the existing problems in the neighborhood created by the sale of alcohol, such as loitering, public drunkenness, alcoholic beverage sales to minors, noise, and littering.

The proposed establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to parks, playgrounds, religious institutions, schools, alcohol and/or drug abuse recovery or treatment facilities or adult businesses.

The proposed establishment will otherwise be compatible with existing and potential uses within the general area.

The proposed establishment is not located in what has been determined to be a high-crime area or where a disproportionate number of police service calls occur.

Recognize automotive service related uses as a special class of commercial land use;

Provide development and operation regulations in order to ensure compatibility between automotive service-related uses and surrounding land uses;

Protect and promote pedestrian safety in and around automotive service related uses; and

Prevent automotive service related uses from having negative effects on the development or redevelopment of surrounding property.

This chapter shall apply to applications for automotive service related uses.

In the event of any inconsistency between regulations in this chapter and those outside of this chapter, the provisions of this chapter shall govern.

Automotive service related uses require an Administrative Use Permit, which is a discretionary action approved by the Development Review Committee. Refer to Part 5 (Land Use and Development Approval Procedures) of the Zoning Ordinance for permit application procedures.

The review authority shall be guided by the provisions of this chapter when reviewing an application for an automotive service related use, in addition to the standards of the zone in which the use is proposed. In the event of any inconsistency between regulations in this chapter and those outside of this chapter, the provisions of this chapter shall govern.

Automotive service related sales may include the following primary uses:

Automotive service related uses may include the following temporary uses and structures:

All automotive service related uses shall:

Any automotive service related use that is closed to business and vacant for a continuous period of 180 days or more shall be deemed abandoned.

The City shall notify the property owner, by certified mail or in person, that the use has been determined to be abandoned.

This chapter shall apply to all bed and breakfast establishments as defined in Part 7 (Definitions). A bed and breakfast establishment is either a bed and breakfast homestay or a bed and breakfast inn, depending on the number of guest rooms.

In the event of any inconsistency between regulations in this chapter and those outside of this chapter, the provisions of this chapter shall govern.

Health Permit. Bed and breakfast establishments and restaurants in conjunction with such establishments shall be required to comply with the San Bernardino County Health Department provisions and secure any necessary permits prior to the conditional use permit becoming effective.

Fire and Life Safety. Guest rooms shall be provided with a smoke detector, hand-held fire extinguisher, and evacuation plan subject to the review of the Upland Fire Department. The City may require the installation of a sprinkler system, fire alarm system, or other appropriate safety measures based on the provisions of the Uniform Fire Code and to the satisfaction of the Fire Department.

Compatibility. The establishment of a bed and breakfast shall be compatible with and beneficial to the character of the neighborhood and surrounding land uses.

Parking. Off-street parking shall be provided at the rate of two improved spaces for the owner/resident manager plus one additional space for each guest room. Guest parking shall be screened from view and situated behind the required front yard setback of the applicable zone. Such parking spaces shall not detract from the residential character of the neighborhood. On-street parking shall not be included in the required parking calculation.

Signs. Bed and breakfast establishments shall be limited to one single-sided, externally illuminated sign not exceeding 4 square feet in area and 4 feet in height. The sign shall be reviewed as part of the CUP process. The materials and design of signage shall be compatible with the architectural style of the principal structure. Signs shall be located within 5 feet of the residence and shall not be situated within the required setbacks of the zoning district in which the establishment is located.

Significant Site Features. On designated historic sites, preservation and maintenance of significant site features may be required by the Planning Commission as a condition of approval, including landscaping, historic architectural, and/or cultural features of the structure or property. Preservation of significant site features is also subject to the provisions of Chapter 17.26 (Historic Preservation).

Boarding Accommodations. Guest rooms shall not include kitchens or similar food preparation facilities. Establishments may provide boarding for guests only. However, if the zoning district in which the establishment is located allows restaurant uses, such uses may be permitted in conjunction with the bed and breakfast conditional use permit.

Additional Activities. Weddings, receptions, and similar commercial activities shall only be permitted in non-residential zones subject to the approval of a conditional use permit by the Planning Commission.

Distance Requirements. No bed and breakfast establishment shall be located closer than 200 feet to another such establishment unless each has been approved by the Planning Commission.

The legal name, current address and telephone number of the applicant.

Address of the short-term rental property, and if applicable, location telephone number.

An index of all residents of the property with name and date of birth, juveniles may be listed by title and age only.

Site plan indicating the areas intended for use as short-term rental, and showing sufficient lawful parking on the property for all vehicles belonging to residents and guests pursuant to Section 17.23.1.090(D).

Floor plan of the dwelling unit for use as short-term rental which identifies sleeping areas, proposed maximum number of guests and approximate square footages.

Documentation indicating the number of bedrooms within the dwelling unit and square footage of the dwelling unit for short-term rental, such as a record from the County Assessor's office.

A copy of a valid business license issued pursuant to Title 5 of this Code.

A copy of a valid transit occupancy registration certificate pursuant to Chapter 3.12 of the Upland Municipal Code.

A Home Occupation Permit pursuant to Title 17 of this code is not required.

Emergency contact information for 24-hour response within one hour.

Certification by the applicant that the information contained in the application is true to his or her knowledge and belief.

Documentation establishing that the dwelling unit proposed to be used as a short-term rental is the host's primary residence. Such documentation shall include at least two of the following and be in the name of the host: motor vehicle registration, driver's license, voter registration, or tax documents showing the residential unit as the residence of the host.

The applicant shall provide two passport size photographs.

Any other information required by regulations promulgated pursuant to this chapter or deemed necessary by the Director.

The applicant shall be required to pay the established fees for such service in addition to the permit fee.

Inspection of the property by City staff shall be scheduled within 30 days of application.

If, as a result of this investigation, the applicant is found to satisfy all of the requirements of Section 17.23.1.030 and no grounds for denial exist, the application shall be approved, and an Administrative Use Permit for a short-term rental shall be issued to the applicant. The permit shall contain the name, address of the permittee, a description of the short-term rental to be offered, the date of issuance and term of the permit, photograph of the permittee, and the signature of the Director or designee.

An Administrative Use Permit application for a short-term rental may be denied for any of the following reasons:

A person may apply for a permit renewal on a form provided by the City no later than 30 days prior to the expiration of his or her active Administrative Use Permit for a short-term rental and upon successfully completing an inspection by City staff.

Renewal of the permit shall be valid for two years from the original expiration date of the Administrative Use Permit for a short-term rental. There is no limitation on the number of renewals that may be granted by the Director.

The applicant shall be required to pay the Administrative Use Permit fee for the permit renewal in the amount established by City Council resolution at the time the renewal application is filed. Failure of the applicant to submit a complete application prior to the expiration date of the existing Administrative Use Permit for a short-term rental shall be a basis for denial of the renewal.

The host shall be:

The dwelling unit shall be the primary residence of the host.

The dwelling unit must be located within Residential Single-Family (RS) zones, Residential Multi-Family (RM) zones, or is a legally established single-family-attached or single-family-detached residence in a Specific Plan. A short-term rental shall not be permitted in any Mixed-Use zone or any Commercial or Industrial zones.

The minimum number of parking required is one additional space for each bedroom of the house to be used for short-term rental. This requirement is in addition to the parking requirement for the dwelling unit pursuant to this Code. The Director on a case by case basis may allow parking on the street within the lot frontage of the dwelling unit to count toward meeting this parking requirement.

All advertising for the dwelling unit as a short-term rental that is displayed on a hosting platform or other media shall display the number of the current and valid permit as issued by the City, a street-view photo of the front of the house and the maximum number of guests based on the occupancy limit set forth in subsection E of this section.

The dwelling unit's occupancy, including the host, other residents of the dwelling unit, and guests, during a short-term rental shall not exceed two times the number of bedrooms of the dwelling unit.

The host shall comply with all requirements of and be subject to the transient occupancy tax (TOT) pursuant to Chapter 3.12 and the business license fees pursuant to Title 5 of this Code for short-term rental use. The host shall have the duty and liability to ensure timely remittance of the TOT to the City in compliance with Chapter 3.12 of this Code.

The Administrative Use Permit for a short-term rental shall be conspicuously displayed within a prominent area of the dwelling unit available for occupancy.

Any accessory dwelling unit (ADU) as defined and pursuant to Chapter 17.37 of this Code and/or subject to a covenant that specifically prohibits rentals of 30 days or less shall not be used as a short-term rental.

A single dwelling unit shall be limited to one group booking transaction at a time.

The short-term rental shall comply with all applicable provisions of this Code and State law.

Conditions that cause a public nuisance, as defined by this Code or State law are prohibited at the dwelling unit during a short-term rental.

Un-hosted stays shall be limited to a total of 120 days within a calendar year at the same dwelling unit. Hosted stays shall not be limited.

The dwelling unit for short-term rental shall comply with all current State and local building and fire codes.

There shall be no exterior signs or advertising except as provided in Chapter 17.15, Signs those permitted for a dwelling use in the zone.

The host shall provide access to the garage of the residence if that area has been included in the determination of the number of available on-site spaces for renters.

Noise from the short-term rental use shall comply with Chapter 9.40 of this Code. Pools and hot tubs shall have hours of operation clearly posted adjacent to the facility, and shall comply with the exterior noise standards in Chapter 9.40.

Lighting on the premises shall be directed, controlled, screened or shaded in such a manner as not to shine directly on surrounding properties. All lighting shall comply with the standards in a Residential zone pursuant to Chapter 17.14 of this Code.

Structures not built for habitable use, such as, but not limited to, trailers, tents, tree houses, garages, or temporary structures such as recreational vehicles shall not be used for short-term rentals or satisfy the host occupant requirement of this section.

A host for a short-term rental must maintain for a period of three years a detailed and accurate record of their guest information pertaining to hosting dates, and financial documentation, and make this information available to the City upon request.

The host or authorized agent must be available to the Enforcement Officer by telephone 24 hours per day, seven days per week when the short-term rental is rented. In addition, the host or authorized agent must be on the premises of the short-term rental unit within one hour of being notified by the Enforcement Officer to address an issue of permit compliance, public nuisance, or health, safety or welfare of the public.

The permittee for an Administrative Use Permit for a short-term rental shall to the fullest extent permitted by law, indemnify, defend and hold the City, its elected officials, officers, contractors serving as City officers, agents, and employees ("Indemnitees") free and harmless from: (1) any and all claims, liabilities and losses whatsoever occurring or resulting to any and all persons, firms, entities, or corporations furnishing or supplying work, services, materials, or supplies in connection with, or related to, the performance of work or the exercise of rights authorized by approval of permits for short-term rental; and (2) any and all claims, lawsuits, liabilities, and/or actions arising out of, or related to the approval of permits for short-term rental and/or the granting or exercise of the rights authorized by said approval; and (3) from any and all claims, liabilities and losses occurring or resulting to any person, firm, entity, corporation for property damage, personal injury, or death, arising out of or related to the approval of, or exercise of rights granted by, this permit. Permittee's obligation to indemnify, defend, and hold the Indemnitees free and harmless as required hereinabove shall include, but is not limited to, paying all fees and costs incurred by legal counsel of the Indemnitees' choice in representing the Indemnitees in connection with any such claims, losses, lawsuits, or actions, and any award of damages, judgments, verdicts, court costs or attorney's fees in any such lawsuit or action.

Host for a short-term rental shall be responsible for informing their guests of the "House Rules." Such rules shall, at a minimum, include rules explained in this section. As part of the transaction for short-term rental, the guests shall sign an agreement acknowledging the house rules and promising to comply as follows:

Hosting platforms shall be responsible for collecting all applicable transient occupancy tax (TOT) and remitting the same to the City. The hosting platform shall be considered a managing agent of the host for purpose of TOT collections and remittance responsibilities as set forth in Chapter 3.12 of the Upland Municipal Code.

Subject to applicable laws, hosting platforms shall disclose to the City on a regular basis each short-term rental listing located in the City, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay.

Hosting platforms shall require hosts to include the City-issued registration number in their listing(s) in a format designated by the City. Upon notice from the City that a listing is non-compliant, hosting platforms shall cease any short-term rental booking transactions for said listing(s) within five business days. A hosting platform shall not complete any booking transaction for any residential property or unit subject to a City notice until notified by the City that the residential property or unit is in compliance with the local registration requirement.

Hosting platforms shall not collect or receive a fee, directly or indirectly through an agent or intermediary, for facilitating or providing services ancillary to a vacation rental or unregistered short-term rental, including, but not limited to, insurance, concierge services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance of the dwelling unit.

A hosting platform operating exclusively on the internet, which operates in compliance with subsections A, B, C, and D above, shall be presumed to be in compliance with this chapter.

The provisions of this section shall be interpreted in accordance with otherwise applicable State and Federal law(s) and will not apply if determined by the City to be in violation of, or preempted by, any such law(s).

Operating a short-term rental without a valid Administrative Use Permit for a short-term rental, business license, and valid transit occupancy registration certificate is prohibited. Advertising shall be considered prima facie evidence of operation. Additional evidence of operation may include, but shall not be limited to, guest testimony, online reviews, rental agreements, receipts, or any other information deemed relevant by the City.

A violation of this chapter shall constitute a public nuisance, which may be abated by any means provided by law, including but not limited to injunctive relief, issuance of administrative fines pursuant to Chapter 1.22, and shall also constitute a misdemeanor punishable pursuant to Chapter 1.16.

Each and every day, or portion thereof, a violation of this chapter exists shall constitute a separate and distinct violation.

The remedies provided herein are intended to be cumulative and may be used in lieu of or in addition to any other remedy provided by this chapter or other law.

This chapter shall apply to all community assembly activities, defined as follows

This classification includes facilities functionally related for the use of members and attendees, such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or other indoor sports facilities, residential accommodations available to members and attendees, or facilities such as day care centers and schools, all of which are separately defined and regulated.

The review authority for community assembly uses shall depend on the permit required by the zone in which the use is proposed as provided in Part 2 (Zoning Districts, Land Uses, and Development Standards). Refer to Part 5 (Land Use and Development Approval Procedures) of the Zoning Ordinance for permit application procedures.

The review authority shall be guided by the provisions of this chapter when reviewing a community assembly application, in addition to the standards of the zone in which the facility is proposed.

Buffer. For community assembly uses adjacent to any residential district or use, a minimum 20-foot perimeter buffer area shall be included. This buffer area may be used for parking or landscaping but shall not be used for structures or outside activities.

Outdoor Recreation. Accessory outdoor recreation areas incidental to a primary use shall be a minimum of 50 feet from any residential district or use.

Amplified Sound. Use of sound amplification equipment is prohibited in outdoor areas. All sound amplification equipment shall be operated in compliance with the requirements of the Upland Municipal Code Chapter 9.40 (Unnecessary Noise).

Parking. Parking standards shall comply with Chapter 17.11 (Parking and Loading) of the Zoning Ordinance.

Outdoor Lighting. Outdoor lighting shall be shielded to direct light and glare only onto the community assembly facility premises. Such lighting shall be deflected, shaded, and focused away from all adjoining property.

This chapter shall apply to all cottage food operations, cottage food operators, and cottage food products as defined in Part 7 (Definitions). For this chapter, a cottage food operation is defined as the in-home preparation of low-risk food for sale on a small scale, usually by one or two persons, that occurs as a home occupation in local communities.

All cottage food operations must be registered or permitted by their local environmental health agency before commencing business. There are two classes of cottage food operations:

In the event of any inconsistency between regulations in this chapter and those outside of this chapter, the provisions of this chapter shall govern.

Cottage Food Operator. The applicant for the cottage food operation permit shall be the individual who conducts the cottage food operation from his or her private dwelling unit and is the owner of the cottage food operation. The permit shall not be transferable to another operator nor transferable to another site.

Employees. No more than one cottage food employee, as defined by California Health and Safety Code Section 113758(b)(1), and not including a family member or household member of the cottage food operator, shall be permitted on the premises of the cottage food operation.

Other Permit Requirements. The cottage food operation shall be registered or permitted by the County Health Officer in accordance with Section 114365 of the California Health and Safety Code. Cottage food operations shall comply with all California Health and Safety Code requirements.

Floor Area. No greater than 25 percent of the dwelling may be used for the cottage food operations, and it shall not be conducted within an accessory building.

Signs. No signage or advertisement identifying the cottage food operation shall be permitted at the premises. There shall be no change in the outside appearance of the dwelling unit or premises, or other visible evidence of the conduct of such cottage food operation.

Sales and Deliveries. Cottage food operation related sales or deliveries shall not occur between the hours of 8:00 p.m. and 7:00 a.m.

Noise. The use shall conform to the noise standards prescribed in Chapter 9.40 of the Upland Municipal Code (Unnecessary Noise).

The cottage food operation has become detrimental to public health, safety, welfare, or character of a neighborhood, or constitutes a hazard or nuisance to pedestrian or vehicular circulation or parking;

The cottage food operation does not commence within 1 year of approval;

The cottage food operation ceases for a period greater than 1 year;

The cottage food operation has been issued a notice of violation citation by the County Department of Environmental Health Services and the violation is not corrected within the period noted within the issued violation; or

The business is in violation of this article or a condition of the permit, or of any statute, ordinance, law, or regulation.

Promoting the use of historic districts and landmarks for the education, pleasure, and welfare of the public;

Fostering civic pride in the beauty and noble accomplishments of the past;

Promoting good urban design;

Safeguarding the City's historical and cultural heritage, as embodied and reflected in such landmarks and historic districts;

Protecting, enhancing, and perpetuating such improvements and districts that represent or reflect elements of the City's cultural, social, economic, political, and architectural history;

Promoting and encouraging continued private ownership and utilization of such improvements and historic districts;

Enhancing property values and stabilizing historic neighborhoods;

Strengthening the economy of the city; and

Protecting and enhancing the City's attraction to residents, tourists, and visitors and serving as a support and stimulus to business and industry.

The review and decision-making authority for the designation, removal, alteration, or demolition of a cultural resource is indicated in Part 5 (Land Use and Development Approval Procedures) of this Zoning Ordinance.

The review authority shall be guided by the provisions of this chapter when reviewing an application for the designation, removal, alteration, or demolition of a cultural resource, in addition to the standards of the zone in which the historic site is located. In the event of any inconsistency between regulations in this chapter and those outside of this chapter, the provisions of this chapter shall govern.

Mills Act contracts.

Preservation easements for the façades of designated structures.

Use of the California State Historical Building Code.

Assistance in processing applications for nominations to the National Register of Historic Places.

Plaques, awards or other symbols of recognition of exemplary rehabilitation.

Plaques ordered through Upland Heritage.

Official Recognition. The Historic Commission, on an annual basis, may recognize those projects involving qualifying properties that have demonstrated a high level of commitment to maintaining or restoring the historic integrity of the resource. The Historic Commission shall nominate all qualifying projects implemented within a calendar year for award consideration.

Grants and loans for rehabilitation of residential, commercial, and industrial buildings.

Planning grants and survey grants.

Variances or minor modifications, including, but not limited to, building setbacks and parking requirements for rehabilitation projects.

Waiver of Parking Requirement. For designated historic resources, the requirement for two covered parking spaces when adding floor area to a residential dwelling shall be waived if an existing one-car garage contributes to the significance of the property and/or is in good condition, or, if deteriorated, will be returned to good condition as part of the work to add new living space to the dwelling.

A certificate of appropriateness pursuant to Section 17.26.110 (Certificate of Appropriateness) is required for the alteration of any individual cultural resource on the local register of historic places or historic resources survey, or any contributing cultural resource within a historic district.

The order of preference for the proposed alteration of a historic resource shall be as follows:

An applicant unable to comply with the first order of preference shall show evidence of hardship, including demonstrating that all means involving City, state or federally-sponsored incentives (e.g., financial assistance, grants, loans, reimbursements, tax credits) have been exhausted and have failed to alleviate the hardship.

A property shall be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.

The historic character of a property shall be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property shall be avoided.

Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other buildings, shall not be undertaken.

Changes to a property that have acquired historic significance in their own right shall be retained and preserved.

Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and, where possible, materials. Replacement of missing features shall be substantiated by documentary and physical evidence.

Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.

Archeological resources shall be protected and preserved in place. If such resources must be disturbed, mitigation measures shall be undertaken.

New additions, exterior alterations, or related new construction shall not destroy historic materials, features, and spatial relationships that characterize the property.

New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

The owner, tenant, or other person in charge or in possession of an historical resource shall keep and maintain in good condition and repair all exterior portions of the resource and all interior portions whose maintenance is necessary to prevent substantial deterioration and decay of an exterior feature. The term "substantial deterioration or decay" in this section shall refer to those conditions of the structure or improvement which threaten the structural or historic integrity of the resource or improvement. For minimum maintenance requirements, refer to the Secretary of Interior's Standards for Rehabilitation.

Nothing in this section shall be construed to prevent the ordinary maintenance, painting, landscaping or repair of a feature in or on any designated historic resource covered by this chapter that does not involve a change in design, material or external appearance.

All designated buildings or structures shall be preserved against such decay and be kept free from structural defects through the prompt repair of any of the following:

This section shall be in addition to any and all other provisions of law requiring such historical resource to be kept in good repair.

Purpose. The purpose of this section is to provide a procedure for approving the designation of a cultural resource or historic district to the Local Register, or removing a cultural resource or historic district from the Local Register.

Applicability. Any person or group may submit an application requesting the designation or removal of a cultural resource or historic district.

Review Authority. The Planning Commission shall take final action on all applications for designating or removing a cultural resource or historic district to/from the Local Register.

Application Submittal and Review. An application for designating or removing a cultural resource or historic district shall be filed and reviewed in compliance with Chapter 17.43 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Development Services Department handout for nominating or removing a cultural resource or historic district, together with all required application fees. It is the responsibility of the applicant to provide evidence in support of the designation criteria required by Subsections F, G or H (as applicable), as well as the Findings for Approval in Subsection I.

Public Notice and Hearing. Public notice and hearing for the designation or removal of a cultural resource or historic district shall be provided in full compliance with Chapter 17.46 (Public Notice and Hearings).

Criteria for Designation of a Cultural Resource. The Planning Commission may approve the designation of a cultural resource to the Local Register if it finds the cultural resource meets one or more of the following criteria:

Criteria for Designation of a Historic District. Except as outlined below, the criteria for designating a historic district shall be the same as for designating an individual cultural resource.

Permits Pending Review. The City may not issue any building or planning permits on any structure, improvement, natural area, or district for which a complete nomination form has been accepted. Once the Planning Commission makes a final determination on the application, building and planning permits may be issued in accordance with this chapter.

Active Permits. Any active permits on any structure, improvement, natural area, or district for which a complete nomination form has been accepted shall be placed on hold until the time that the nomination process has been completed. Once the Planning Commission makes a final determination on the application, building and planning permits placed on hold may be reactivated in accordance with this chapter.

Recordation. Following designation by the Planning Commission, the city shall cause the designation to be recorded with the San Bernardino County Recorder's office.

Local Register. The Planning Commission shall maintain a local register of all designated cultural resources. All addresses and Assessor's Parcel Numbers of designated cultural resources shall be added to the computer database. Copies of the register shall be sent to all City Departments for reference and shall be updated regularly to coordinate the preservation of cultural resources within the City.

Purpose. A certificate of appropriateness is intended to protect structures, improvements, natural features, objects, and areas of architectural, cultural, economic, historic, political, and social importance from any alteration that would have an adverse effect thereon. For demolition requests, see Section 17.26.120 below.

Review Authority. Any proposed alteration to a designated cultural resource shall require administrative review as follows:

Application Submittal and Review. An application for a certificate of appropriateness shall be filed and reviewed in compliance with Chapter 17.43 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Development Services Department handout for certificate of appropriateness applications, together with all required application fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection G (Findings).

In evaluating applications for Certificates of Appropriateness, the review authority shall use any adopted design guidelines, CEQA Guidelines, and the Secretary of the Interior's Standards for Rehabilitation and shall consider the factors (e.g., the existing and proposed architectural style, arrangement, color, design, materials, and texture to be used) with regard to the original distinguishing architectural characteristics of the cultural resource. Wherever feasible, the State Historic Building Code (SHBC) and the Uniform Code for Building Conservation (UCBC) shall be used in permitting any alteration to a cultural resource. In addition, the review authority may require that the proposed work be reviewed by a preservation architect.

Public Notice and Hearing. Public notice and hearing is not required for a certificate of appropriateness.

Findings. The decision making authority may approve a certificate of appropriateness for the alteration of a cultural resource based on the following findings:

Conditions of Approval. In approving or denying the certificate in whole or in part, the review authority may attach conditions to ensure that the purposes of this Zoning Ordinance shall be achieved. The conditions shall be covenants running with the land.

Post-Decision Procedures. The procedures and requirements relating to Appeals (Chapter 17.47 [Referral, Appeal, and Calls for Review]), effective dates, permit expiration, permit revocation, and changed plans shall apply to Certificates of Appropriateness as provided in Chapter 17.45 (Post-Decision Procedures).

Purpose. The purpose of this section is to provide a procedure for proposed demolition requests for buildings, structures, or objects that reflect special elements of the city's architectural, cultural, and historic past.

Applicability. A demolition of historic resources permit shall be required for the proposed demolition of any cultural resource in Upland that is listed in the Local Register, State Register, or National Register of Historic Places.

Review Authority. The Planning Commission shall take action on all historic demolition applications.

Application Submittal and Review. An application for the demolition of a historic resource shall be filed and reviewed in compliance with Chapter 17.43 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Development Services Department handout for historic demolition permit applications, together with all required application fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection G (Findings for Approval).

Public Notice and Hearing. Public notice and hearing for a demolition permit shall be provided in full compliance with Chapter 17.46 (Public Notice and Hearings).

Findings for Approval. The review authority may approve a demolition request for destruction of a cultural resource based on the following findings:

Conditions of Approval. In approving a historic demolition permit, the Planning Commission may approve or conditionally approve, under such conditions as they may deem reasonable and necessary to safeguard the public health, safety, or general welfare.

Post-Decision Procedures. The procedures and requirements relating to appeals and calls for review (Chapter 17.47 [Referral, Appeal, and Calls for Review]), effective dates, permit expiration, permit revocation, and changed plans shall apply to historic demolition permits as provided in Chapter 17.45 (Post-Decision Procedures). The procedures and requirements relating to notices of decision shall apply to historic demolition permits as provided in Chapter 17.46 (Public Notice and Hearings).

Effect of Demolition. If a demolition permit is approved, the applicant shall be required to memorialize the resource proposed for demolition in compliance with the standards of the Historic American Building Survey. The documentation may include an archaeological survey, floor plans, measured drawings, photographs, or other documentation specified by the review authority.

When appropriate, the review authority may require that a memorialization of the resource be incorporated into the proposed redevelopment of the site including the following:

Violations. It shall be unlawful for any owner, person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this chapter.

Penalties for Violations. Any person, firm or corporation whether as principal, agent, employee or otherwise, violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished in compliance with the provisions of Municipal Code Chapter 1.1.6 (Penalty Provisions).

This chapter shall apply to all home occupations as defined in Part 7 (Definitions), including minor and major home occupations.

In the event of any inconsistency between regulations in this chapter and those outside of this chapter, the provisions of this chapter shall govern.

Minor Home Occupations. Types of minor home occupations include professional offices for accountants, architects, one-on-one instruction such as tutoring and music lessons for no more than two students at a time, computer programmers, engineers and other similar professions; art studios; telephone sales and surveys; and domestic services, including food cottages, laundry, ironing, and sewing. Minor home occupations receive no more than six clients or visitors per day.

Major Home Occupations. Types of major home occupations include equipment repair, contractor's office, light assembly and shipping, catering, food processing, and home professional offices. Major home occupations receive no more than 12 clients or visitors per day.

Minor Home Occupations. The establishment of a minor home occupation is permitted in all zones allowing residences with the approval of a home occupation permit. The Development Services Director may impose special conditions depending on the nature of the proposed business.

Major Home Occupations. The establishment of a major home occupation is permitted in all zones allowing residences with the approval of an administrative use permit. The Development Review Committee may impose special conditions depending on the nature of the proposed business.

Relationship to Dwelling Unit. There shall be no exterior evidence of the conduct of the home occupation. The home occupation shall be clearly incidental and subordinate to the primary residential use of the dwelling unit and may not be conducted in an accessory structure.

Outdoor Storage Prohibited. Goods and materials associated with a home occupation shall be stored within an enclosed structure. The storage of flammable, combustible, or explosive materials shall be strictly prohibited.

Vehicles. The home occupation shall not create off-street or on-street parking, vehicular or pedestrian traffic which is greater than normally associated with a strictly residential use of the premises, except for individual instruction or client visits in conformance with definitions provided in Section 17.27.040. The resident with the home occupation may not keep a vehicle greater than one ton at the premises and may not have more than one such vehicle. Any trailer or wheeled equipment incidental to the home occupation shall be kept within an enclosure and not be visible from off-site. Any vehicle used in association with a home occupation shall be prohibited from parking on the street (i.e., taxis, limos, vans, work trucks, etc.).

Performance Standards. Home occupations shall not generate noise exceeding levels permitted by Upland Municipal Code Chapter 9.40 (Unnecessary Noise), dust, odors, vibration, or electrical interference or fluctuation that is perceptible beyond the property line.

Deliveries. Deliveries and pick-ups for home occupations shall not exceed the volume normally associated with residential uses (no more than three deliveries per day), shall not interfere with vehicle circulation, and shall occur only between 8:00 a.m. and 8:00 p.m., Monday through Saturday.

Size. Home occupations shall be located entirely within the dwelling unit and shall not occupy more than 25 percent of the gross floor area of the dwelling unit.

Employees. Employees of a minor home occupation shall be limited to the persons residing in the dwelling unit except that non-residents may be employed as long as they do not work, meet, or leave vehicles at the residence. Major home occupations are allowed two additional persons in addition to those residing in the dwelling unit.

Clients. No more than six clients per day are permitted to visit a minor home occupation. No more than 12 clients per day are allowed to visit a major home occupation. Hours for visits shall be between 8:00 a.m. and 8:00 p.m.

Sales. There shall be no on-site sale of products.

Building Code. Minor and major home occupations shall comply with accessibility requirements of the California Building Code, including parking and path of travel into the dwelling.

Provide locations where appropriate new businesses can start up;

Provide opportunities for people to live in mixed-use industrial and commercial areas when it is compatible with existing uses;

Provide opportunities for business operators to live in the same structure that contains their commercial or industrial activity;

Provide standards for the development of new live/work units and for the reuse of existing commercial and industrial structures to accommodate live/work opportunities; and

Ensure that live/work units are designed to function as both a live and work space.

This chapter shall apply to live/work units where permitted or conditionally permitted in the mixed-use zones as provided in Part 2 (Zoning Districts, Land Uses, and Development Standards). Allowable uses for the non-residential portion of the live/work unit shall be those uses permitted or conditionally permitted in the respective zone.

In the event of any inconsistency between regulations in this chapter and those outside of this chapter, the provisions of this chapter shall govern.

The review authority for live/work units shall depend on the permit required by the zone in which the unit is proposed, as provided in Part 2 (Zoning Districts, Land Uses, and Development Standards). Refer to Part 5 (Land Use and Development Approval Procedures) of the Zoning Ordinance for permit application procedures.

The review authority shall be guided by the provisions of this chapter when reviewing a live/work unit application, in addition to the standards of the zone in which the live/work unit is proposed.

Adult-oriented businesses.

Vehicle sales, service, maintenance, or repair.

Welding, machining, or open-flame work (with the exception of a restaurant use), unless confined to a separate building from any live/work unit.

Any use that might affect the health or safety of nearby residents or tenants because of its potential to create dust, noise, vibration, noxious gases, odors, smoke, or any other negative impacts.

Compatibility. Live/work units shall be designed to be compatible with neighboring structures and uses.

Location of Uses. The ground-floor portion of a live/work unit shall be a non-residential use and face a public street or interior drive aisle.

Height and Setbacks. The height and setback standards for each zone shall apply for live/work units.

Allowed Projections and Encroachments. Architectural features, porches, stoops, balconies, awnings, and canopies may encroach into required setbacks and rights-of-way as identified in Section 17.10.060 (Setback Requirements and Exceptions).

Ground Floor Height. The ground floor level of a live/work unit shall have a minimum floor-to-floor height of 14 feet.

Design. Live/work units should be designed to offer a high level of spatial flexibility to adapt to the diverse needs of those living and working in the unit over time, including, but not limited to, open floor plans, modular or demountable partitions, the ability to combine adjacent units into one unit, etc. Units should be oriented and designed to receive ample natural light through the use of large commercial windows, skylights, and other methods, while maintaining high thermal performances.

Materials. Live/work developments are encouraged to incorporate industrial and commercial design and materials into the architectural style of the building, including exposed concrete, wood and metal finishes, and appropriate ventilation, flooring, and storage spaces similar to the types of finishes commonly found in comparable commercial or industrial facilities.

Transparency. Each live/work unit shall have a pedestrian-oriented frontage that publicly displays the interior of the non-residential areas of the structure.

Access to Units. Where more than one live/work unit is proposed within a single structure, each live/work unit shall be separated from other live/work units and other uses in the structure. Access to individual units shall be from streets, common access areas, or external corridors. Access to each unit shall be clearly identified to provide for emergency services.

Valid Business License. At least one resident or commercial tenant in each live/work unit shall maintain a valid business license for a business on the premises, so long as a business is in operation.

Employees. Employment within a live/work unit shall be limited to persons residing in the unit and two additional employees, unless the owner of the unit, or commercial tenant desiring to lease the work space, can demonstrate to the satisfaction of the Development Services Director that additional employees will not cause a parking shortage or other disturbance to the community.

Sale or Rental of Portions of Unit. The designated work space of a live/work unit shall not be separately sold, leased, or rented for residential use.

Vehicles. No truck or van with a payload rating of more than 2 tons shall be parked on or in front of a parcel occupied by a live/work unit.

Deliveries. Deliveries to and pick-ups from a live/work unit shall not interfere with vehicle circulation and shall occur only between 8:00 a.m. and 8:00 p.m. Monday through Saturday. Deliveries shall be limited to 12 per day.

On-Premises Sales. On-premises sales of goods are limited to those produced within the live/work unit, provided the retail sales activity shall be incidental to the primary production work within the unit. These provisions shall allow occasional open studio programs and gallery shows.

Outdoor Storage. Outside storage is prohibited. All supplies and storage materials shall be inside of buildings at all times.

Garbage Enclosures. Garbage/recycling bins shall be screened from view at all times.

Noise. Noise levels shall be maintained at 65 decibels as measured at the closest property line at all times. No fabrication or construction shall take place outside that would create a noise level exceeding 65 decibels at the property line.

Prior to obtaining a building permit, the property owner(s) of the proposed live/work unit shall submit to the Development Services Department a signed and notarized covenant on a form prescribed by the Development Services Director and approved by the City Attorney, together with applicable recording fees. The covenant shall place future buyers on notice of Section 17.28.070(A) through (J) of this chapter.

The property owner(s) shall file the covenant with the San Bernardino County Recorder's office.

Protect the public health, safety, and welfare;

Ensure that the establishment and conduct of massage establishments is properly regulated; and

Establish the minimum qualifications for operating a massage establishment in the City of Upland.

Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the state of California, provided such professionals are lawfully performing massage, as defined in this chapter, at a licensed business as part of their respective professions, and further provided, massage or massage establishment activities are not being performed at any time by any person who is required to but does not possess a massage practitioner or massage therapist certification pursuant to this chapter;

Registered or licensed vocational nurses working on the premises of and under the direct supervision of a state-licensed physician, surgeon, chiropractor, or osteopath. Practical nurses or other persons that do not meet the requisite qualifications to obtain a massage practitioner or massage therapist certification under this chapter, or any other person otherwise licensed by the state of California, whether or not employed by a physician, surgeon, chiropractor or osteopath, may not provide massage services or act as a massage practitioner or massage therapist;

Barbers, beauticians, and manicurists who are duly licensed by the state of California while engaging in the practice within the scope of their respective licenses, for which this exemption applies solely to the massaging of the neck, face, and/or scalp of the customer of a barber or beautician, or massaging of the forearms, hands, calves, and/or feet of the customer of a licensed manicurist;

Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the state of California;

Fully accredited high schools, junior colleges, and colleges or universities whose athletic coaches and trainers are acting within the scope of their employment;

Trainers of amateur, semiprofessional, or professional athletes or athletic teams;

Massage conducted in the course of education at any recognized school of massage, as defined in this chapter.

Any person desiring to operate a massage establishment shall submit a written application under penalty of perjury on the required form to the Chief of Police, who shall conduct an investigation. The application shall be accompanied by a non-refundable filing fee established by separate resolution of the City Council to help defray the cost of the investigation required by this chapter.

The application shall be completed and signed by the owner of the proposed massage establishment, if a sole proprietorship, or, if the applicant is a corporation or partnership, it shall designate one of its officers or general partners as its authorized representative. The authorized representative shall complete and sign all application forms required for an individual applicant under this chapter.

The application and fee required pursuant to this section shall be in addition to any other license, permit or fee required by any other chapter of this code or ordinance hereafter adopted. Only one application fee shall be charged regardless of the number of owners or operators designated in the application.

The application for a permit does not authorize the operation of a massage establishment unless and until such permit has been properly granted, nor does the possession of a valid massage establishment permit authorize the possessor to perform work for which a massage technician permit is required.

The type of ownership of the business, i.e., whether by individual, partnership, corporation or otherwise.

The true full and precise name under which the massage establishment is to be conducted.

The present or proposed address where the massage establishment is to be conducted and all telephone numbers for the massage establishment.

A complete current list of the names and residence addresses of all proposed massage technicians, aides, trainees and other employees who are or will be employed in the massage establishment, if known. If not known at the time of submission of the application, the applicant shall provide the required information no later than ten calendar days prior to opening for business.

The name and residence addresses of the proposed operator or manager who will be principally in charge of the operation of the massage establishment.

A description of any other business operated on the same premises as the proposed massage establishment, or within the city or the state, which is owned or operated by the owner or operator.

The name and address of the owner and lessor of the real property upon or in which the proposed business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized affidavit from the owner of the property acknowledging that a massage establishment will be located on his or her property.

The complete business, occupation and employment history for eight years preceding the date of application, including, but not limited to, a massage establishment or similar type of business history and experience of the applicant.

The complete massage permit history; whether such person has ever had any similar type of permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license, whether the permit or license has been or was ever denied, revoked or suspended; if a vocational or professional license or permit has been or was ever denied, revoked or suspended; if the applicant has ever been required to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked and the reason therefor.

All criminal convictions, including pleas of nolo contendere, within the last 10 years including those convictions dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor.

A complete set of fingerprints taken by the Police Department. The applicant shall be responsible for payment of any fingerprinting fee.

Two portrait photographs at least two inches by two inches in size taken within the last month.

Authorization for the City, its agents and employees to seek verification of the information contained in the application.

Such other identification and information as the Chief of Police may reasonably require in order to discover the truth of the matters herein specified and as required to be set forth in the application.

A statement in writing and dated by the person providing the information that he or she certifies under penalty of perjury that all information contained in the application is true and correct.

A certificate of compliance from any affected department or agency, including, but not limited to, the City's Development Services Department, Building Division and the San Bernardino County Health Department must be submitted prior to the application's final approval. Any required inspection fees shall be the sole responsibility of the applicant. If the certificates of compliance are not received by the Chief of Police within 90 calendar days of the date of filing of the application, said application shall be deemed void. If any land use permit or other entitlement for the use of the property as a massage establishment is required, such permit or use entitlement shall be obtained by the applicant prior to the massage establishment permit becoming effective.

Every owner and operator shall also provide the following personal information:

If, during the term of a permit, the permittee has any change in information submitted on the original or renewal application, the permittee shall notify the Police Department in writing of any such change within 10 business days thereafter.

If an owner or operator also desires to act as a massage technician or out call massage technician, he or she shall also satisfy the requirements for the respective permit set forth in this chapter.

Signs shall be in conformance with Chapter 17.15 (Signs).

Minimum lighting shall be provided in accordance with the California Building Code or successor provision or provisions. In addition, at least one artificial light of not less than 60 watts shall be provided in each room or enclosure where massage services are performed on patrons. The lighting in each room or enclosure shall be activated and maintained in operation without interruption at all times while the patron is in such room or enclosure.

Minimum ventilation shall be provided in accordance with the California Building Code or successor provision or provisions.

Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be readily available.

Hot and cold running water shall be provided at all times.

Closed cabinets with solid doors shall be provided for storage of clean linens.

Adequate, dressing, locker, and toilet facilities shall be provided to patrons. Dressing areas and lockers that are capable of being locked, may be provided in enclosed massage therapy rooms; alternatively separate male and female dressing rooms with lockers that are capable of being locked, shall be provided.

Restrooms shall be provided either as a single occupancy gender neutral restroom facility, or separate male and female restrooms shall be provided.

If bathing facilities are provided, separate male and female facilities shall be provided resulting in a minimum of two separate bathing facilities.

A minimum of one separate wash basin for employees shall be provided at all times. The basin shall be separate from the public restrooms and located within or as close as practicable to the area devoted to performing massage services. Sanitary towels shall also be provided at each basin.

Massage tables or massage chairs of a type and nature used by professionals in this industry shall be utilized and each shall have, at minimum, a two-inch thick foam pad covered with durable, washable plastic or other waterproof material. Beds, floor mattresses, and waterbeds are not permitted to be used.

At the beginning of a treatment session, the massage practitioner or massage therapist shall provide to all patrons clean, sanitary, and opaque coverings capable of covering the patron's genitals. In addition, a female patron's breasts shall be fully covered by a nontransparent covering.

The Chief of Police shall require that the following notice be posted in the event that any employee of the massage establishment or any person who has been aided and abetted by an employee of the massage establishment has been found, after full hearing by administrative proceeding or by a court of competent jurisdiction, to have violated any of the offenses that would be grounds for denial under Sections 17.29.100 and 17.29.110.

No massage establishment shall have installed or utilize any signaling devices of any type to alert employees and/or customers to the presence of law enforcement personnel.

The receptionist station shall be a designated area for greeting customers, contiguous to the customer lobby. If partitioned from the customer lobby, it shall have a clear, unobstructed opening, or an opening of clear unobstructed glass, at least 30 inches by 30 inches which allows unobstructed visibility between the customer lobby and the interior of the receptionist station.

The premises shall be open only between the hours of 7:00 a.m. to 9:00 p.m. Massage services shall be carried out and concluded in time to comply with the 9:00 p.m. closing time. A list of services available as approved pursuant to the application and the cost of such services shall be posted in an open public place within the premises and shall be described in readily understandable language. In the event any list of services and costs posted or provided hereunder is in a language other than English, the permittee shall, at the permittee's cost and expense, provide to the Chief of Police an English language translation thereof. Such English translation shall be attested to as being a full, true and correct translation thereof under penalty of perjury under the laws of the state of California. No owner, manager, operator, responsible managing employee, or permittee shall permit, and no massage practitioner or massage therapist certification shall offer or perform, any service other than those posted.

The massage establishment permits and a copy of the license and photo of each and every massage practitioner or massage therapist employed in the establishment shall be displayed in an open and conspicuous place on the premises.

Every massage establishment shall keep a written record of the date and hour of each treatment, the name and address of each patron, the name of the massage practitioner or massage therapist administering the treatment, and the type of treatment administered. Such written record shall be maintained on forms approved by the Chief of Police. Such records shall be open to inspection only by officials charged with enforcement of this chapter, shall be available during all business hours of the establishment, and shall be used for no other purpose. Any unauthorized disclosure or use of such information by any person, including any officer or employee of the City or the County of San Bernardino, or the owner or employee of the massage establishment, shall constitute a misdemeanor, punishable as provided in this chapter, in addition to any other penalties provided by law. Such records shall be maintained on the premises of the massage establishment for a period of two years.

Massage establishments shall at all times be equipped with an adequate supply of clean, sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets with solid doors. Towels and linens shall not be used on more than one patron, unless such towel or linen has first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one patron. Soiled linens and towels shall be deposited in separate, health department approved receptacles.

Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the San Bernardino County health department. Bathtubs shall be thoroughly cleaned with a disinfectant, approved by the health department, after each use. All walls, ceilings, floors, and other physical facilities of the establishment must be in good repair and maintained in a clean and sanitary condition.

Instruments utilized in performing massage shall not be used on more than one patron unless such instruments have been sterilized, using approved sterilizing methods.

All employees, including massage practitioner or massage therapist, shall be clean, and wear clean, nontransparent outer garments. Such garments shall not expose genitals, pubic area, buttocks, or chest.

No person shall enter, be, or remain in any part of a massage establishment while in the possession of, consuming, under the influence of, or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, manager, or permittee shall not permit any such person to enter or remain upon such premises.

No massage establishment shall operate as a school of massage or use the same facilities as that of a school of massage.

No massage establishment granted a permit under this article shall place, publish, or distribute or cause to be placed, published, or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective customers or clients that any service is available other than those services described in Part 7 (Definitions: Massage Establishment). No massage establishment or outcall massage service shall employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available other than those services as described in Part 7 (Definitions: Massage). All exterior doors shall remain unlocked from the interior side during business hours.

A massage shall not be given and no patron shall be in the presence of a massage practitioner or massage therapist or other employee unless the patron's genitals are fully covered by a nontransparent covering. In addition, a female patron's breast shall be fully covered by a nontransparent covering.

No massage establishment shall be open for business without at least one on-site manager and one massage practitioner or massage therapist on the premises at all times who is in possession of a current valid permit.

To the maximum extent permitted by law, the Police Chief, Development Services Director, Code Enforcement and the San Bernardino County Health Department, or each of the aforementioned authorized representatives, shall have the right to enter any massage establishment for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with applicable regulations, laws, and provisions of this chapter.

The Code Enforcement official and each and all of his or her assistants and any police officer shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed herein, and demand an exhibition of its license certificate. Any person having such license certificate theretofore issued, in his or her possession or under his or her control that fails to exhibit the same on demand, shall be guilty of a misdemeanor and subject to the penalties provided for by the Upland Municipal Code.

Display his or her original certificate wherever he or she provides massage for compensation. A certificate holder shall have his or her identification card in his or her possession while providing massage services for compensation.

Provide his or her full name and certificate number upon the request of a member of the public, member of law enforcement, or local government agency charged with regulating massage or massage establishments, at the location where he or she is providing massage services for compensation.

Include the name under which he or she is certified and his or her certificate number in any and all advertising of massage for compensation.

Notify the City within 30 days of any changes in the certificate holder's address where he or she provides massage for compensation.

Unprofessional conduct, including, but not limited to, any of the following:

Procuring or attempting to procure a certificate by fraud, misrepresentation, or mistake.

Failing to fully disclose all information requested on the application.

Impersonating an applicant or acting as a proxy for an applicant for the issuance of a permit or business license.

Impersonating a certificate holder, or permitting or allowing a noncertified person to use a certificate.

Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter or any rule or bylaw adopted by the state.

Committing any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications or duties of a certificate holder.

Denial of licensure, revocation, suspension, restriction, citation, or any other disciplinary action against an applicant or certificate holder by another state or territory of the United States, by any other government agency, or by another California health care professional licensing board. A certified copy of the decision, order, judgment, or citation shall be conclusive evidence of these actions.

Being convicted of any felony, misdemeanor, infraction, or municipal code violation, or being held liable in an administrative or civil action for an act, that is substantially related to the qualifications, functions, or duties of a certificate holder. A record of the conviction or other judgment or liability shall be conclusive evidence of the crime or liability.

Dressing while engaged in the practice of massage for compensation, or while visible to clients in a massage establishment, in any of the following:

Committing any act punishable as a sexually related crime or being required to register pursuant to the Sex Offender Registration Act (Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1 of the Penal Code), or being required to register as a sex offender in another state.

Holding himself or herself out or to use the title of "certified massage therapist" or "certified massage practitioner," or any other term, such as "licensed," "certified," "CMT," or "CMP," in any manner whatsoever that implies or suggests that the person is certified as a massage therapist or massage practitioner, unless that person currently holds an active and valid certificate issued by the state.

Falsely stating or advertising or putting out any sign or card or other device, or falsely representing to the public through any print or electronic media, that he or she or any other individual is licensed, certified, or registered by a governmental agency as a massage therapist or massage practitioner.

The right to appeal to the City Manager shall terminate upon the expiration of 15 calendar days from the date of deposit in the U.S. mail (postage prepaid, first class), or from personal service of the above notice. The appeal shall be personally delivered to or sent by U.S. mail (postage paid, first class), to the Chief of Police.

In the event an appeal is timely filed, the suspension or revocation shall not become effective until a final decision has been rendered by the City Manager. If no appeal is filed, the suspension or revocation shall become effective upon the expiration of the period for filing appeals.

The City Manager shall set a date, time and place for a hearing on appeal and shall notify the appellant of such date, time and place of the hearing. Said notice shall be sent by certified mail with proof of service attached, to the appellant, applicant or permittee at least 10 calendar days prior to the date of the hearing, addressed to the address listed on the respective application or, the address given in the notice of appeal. The appellant, applicant or permittee shall be entitled to notice of the basis for the proposed action, a copy of the documents upon which the notice was based and will have the opportunity to present contrary evidence at the hearing.

The City Manager, in his or her sole discretion, may grant or deny a request for a continuance.

The City Manager shall preside over the hearing on appeal or, in the alternative, the City Manager may appoint a hearing officer to conduct the hearing and receive relevant evidence. The City Manager or designee shall render a written decision within 45 calendar days from the date of the hearing. The decision of the City Manager or designee shall be final.

The following rules of evidence shall apply at the hearing:

Massage establishments in existence at the time of the adoption of the ordinance codified in this chapter shall comply with the provisions of this chapter in accordance with the following:

An existing massage establishment operator may make a written request for an extension of time to comply with the deadlines herein, upon a demonstrated showing of hardship. The Development Services Director or designee will hear the matter, and grant, deny or modify the request for an extension based on whether the facts demonstrate a reasonable and legitimate hardship for the operator. The decision of the Development Services Director or designee shall be final and not subject to appeal to the Planning Commission or City Council.

The decision making authority shall make a determination to allow a new massage establishment based upon the following finding, in addition to the findings required for conditional use permits contained within Section 17.44.040(F):

For the purposes of this section, all distances shall be measured by drawing a circle around the center point of the unit or building containing the massage establishment.

For the purposes of this section, sensitive uses shall include parks, playgrounds, schools, day care centers or preschools, and libraries.

Any person desiring to establish or enlarge a mobile home park or to make any substantial alteration of buildings, lots, or other installations in an existing mobile home park, shall first file an application on forms provided by the Development Services Department and obtain a permit issued by the Development Services Director. Applicants shall refer to Part 5 (Land Use and Development Approval Procedures) of the Zoning Ordinance for permit application procedures.

It is recognized that situations may arise wherein it may prove to be impractical, impossible, unfair, or oppressive for a person desiring to establish or enlarge a mobile home park to comply with all of the requirements of this chapter. In order to provide the necessary flexibility, the Development Services Director is authorized and empowered to deviate from the full requirements in this chapter as the conditions may warrant.

The Development Services Director shall be guided by the provisions of this chapter when reviewing a mobile home park application, in addition to the standards of the zone in which the mobile home park is located.

The site shall be well-drained and properly graded in accordance with provisions of the City grading ordinance. The sites shall also be free from flood hazards as determined by the City Engineer.

Each mobile home park shall be served by an adequate domestic water supply and sanitary sewer as required by the City Engineer.

Individual mobile home park lots shall be configured to allow for convenient placement of a mobile home and a reasonable area for private use.

Parking. All parking shall comply with Chapter 17.11 (Parking and Loading).

A permit issued by the City Department of Building and Safety shall be obtained in order to operate a mobile home park or portion thereof. Applications for permits shall be secured from the department.

Upon receipt of an application for a permit to operate, the City Department of Building and Safety shall run an inspection of the mobile home park and, if found to be in conformity with the requirements of this chapter and other ordinances of the City and laws of the State of California, the permit to operate shall be issued upon payment of the fees hereinafter specified, and a copy of the permit shall be forwarded to the Department of Housing and Community Development of the State of California.

The fees set forth from time to time, by the California Health and Safety Code, Division 13, Part 2.1, Chapter 4, and all amendments thereto, shall apply. All such fees shall be paid in advance to the City Department of Building and Safety, and no fee shall be rebated or refunded.

Balance the need to protect private property rights while addressing buildings, structures, uses, or signs that are incompatible with the zone in which they are located or where such existing buildings, structures, uses or signs are specifically prohibited;

Protect the health, safety, welfare, convenience, and prosperity of the persons residing in the neighborhood and zone in which non-conforming buildings and uses exist;

Require that non-conforming incompatible buildings be terminated or be made to conform with all applicable provisions of the zoning code within a reasonable time; and

Prescribe a reasonable amortization period for all buildings, structures, uses, and signs that become legally non-conforming due to a change in the zoning code.

This chapter applies to a building, structure, use, or sign that was legally established in compliance with all applicable regulations in effect at the time it was established.

To be considered legally established, the building, structure, use, or sign shall have been physically constructed or in existence, not merely contemplated. Conditional use permits, variances, building permits, or other permits not exercised within the required time do not establish the right to a legal nonconformity.

Any person asserting a right to a non-conforming building, structure, use, or sign has the burden of proof to demonstrate that the nonconformity was legally established.

The review and decision-making authority for the use, maintenance, removal, alteration or demolition of all non-conforming buildings, structures, uses, or signs is indicated in Part 5 (Land Use and Development Approval Procedures) of this Zoning code.

The review authority shall be guided by the provisions of this chapter when reviewing an application for use, maintenance, removal, alteration or demolition of a non-conforming building, structure, use or sign, in addition to the standards of the zone in which the site is located. In the event of any inconsistency between regulations in this chapter and those outside of this chapter, the provisions of this chapter shall govern.

The regulations prescribed by this chapter shall not be retroactive and shall not result in requiring the removal of existing structures, or portions of structures or uses not identified in Section 17.31.040 (Continuation).

A non-conforming building or structure destroyed to the extent of more than 50 percent of its current market value, as determined by a licensed appraiser and verified by the Development Services Director, by a catastrophic event such as an earthquake, fire, explosion, or other casualty shall be deemed "substantially destroyed."

"Current market value" means the market value of the building or structure immediately before the occurrence of the damage, as determined by a licensed appraiser and verified by the Director.

Except as otherwise provided in this chapter, a non-conforming building or structure whose use is non-conforming, that is substantially destroyed, may be restored and used only in compliance with the permitted uses established in the district wherein it is located.

The reconstruction is generally consistent with the purpose and intent of the General Plan;

The reconstruction as proposed and as conditioned by the Planning Commission will result in substantial benefit to the public; and

The subject property and all existing and proposed improvements shall substantially conform to all current regulations, standards and policies of the City, including, but not limited to those which affect:

Residential. Alterations or expansions to a non-conforming residential building or structure are permitted by right as long as lot coverage is not increased by more than 20 percent. An Administrative Use Permit is required for any change that will increase lot coverage by more than 20 percent. In either case, setbacks shall not be made further non-conforming. All alterations and expansions shall conform to all other development standards that apply within the applicable zone.

Non-Residential. Within non-residential zones, and for buildings or structures in residential zones that are not in residential use, a non-conforming building or structure may not be altered or expanded; except the Development Services Director may permit up to 5 percent expansion of the floor area of a non-conforming building or structure; and the Planning Commission may permit up to 15 percent expansion of the floor area of a non-conforming building or structure, provided that:

Any legally permitted sign or billboard in existence on the effective date of this ordinance, that does not conform to the provisions of Chapter 17.15 (Signs) is a legal non-conforming sign.

Non-conforming signs shall be permitted until such time as any of the following, at which time the non-conforming sign shall be removed or modified to conform with the provisions of Chapter 17.15 (Signs):

No new sign shall be approved for a site, building, structure, or use that contains a non-conforming sign unless said sign(s) are removed or modified to conform to the provisions of Chapter 17.15 (Signs).

No building permit shall be issued for any building or structure on a site with a non-conforming sign, unless said sign(s) are removed or modified to conform to the provisions of Chapter 17.15 (Signs).

The non-conforming building is in a residential zone;

The units are added solely as a result of the division of the interior of the existing building, and the exterior dimensions of the buildings are not changed; and

The regulations of the zone in which it is located and all applicable City building and housing codes are fully complied with.

Non-Conforming Uses. Any non-conforming use shall be discontinued within a period of time specified in Section 17.31.150 (Amortization Period).

Non-Conforming Structures. Any non-conforming structure shall be removed or altered to be structurally conforming within a time specified in Section 17.31.150 (Amortization Period).

The City shall give notice to the owners of any such building, structure, use, or sign at least 5 years prior to the time removal or alteration is required to be completed, and yearly thereafter until such 5-year period has lapsed. When 5 years is not available, the City shall give notice to the owners of any such building, structure, use, or sign at least 1 year prior to the time removal or alteration is required to be completed.

Assist applicants with the design and management of their outdoor dining areas;

Encourage outdoor dining;

Ensure that the space used for outdoor dining will at all times serve a public purpose and allow for adequate pedestrian circulation;

Preserve and enhance the character of neighborhoods through the City and to protect the adjacent residential areas;

Simplify administrative procedures and strengthen enforcement procedures for outdoor dining areas that are effective, efficient, and enforceable; and

Ensure that safety and security measures are in place for outdoor dining areas.

Outdoor dining areas require the approval of an Administrative Use Permit, unless the primary use requires a Conditional Use Permit for which the outdoor dining area shall also require a Conditional Use Permit. Approval of an Administrative or Conditional Use Permit shall not be construed as meeting City requirements for starting a new business, or expanding an existing business to provide new services. Refer to Part 5 (Land Use and Development Approval Procedures) of the Zoning Ordinance for permit application procedures.

Business owners must also secure all other appropriate licenses and permits from the Health Department, Alcoholic Beverage Control Board, and the Development Services Department.

To approve an Administrative Use Permit for an outdoor dining area, the Development Services Director must find that the following findings can be made in addition to the findings required for all Administrative Use Permits:

Conditions of Approval. The Development Services Director or designee may attach conditions to the approval of an outdoor dining area as needed to ensure compliance with the Zoning Ordinance, other City ordinances, the General Plan, and any other applicable community or specific plan.

Temporary, take out (unless ancillary to main use; i.e., 10 percent of building), catering, mobile, and/or freestanding food service providers are not eligible under these provisions for any outdoor dining area.

Outdoor cooking is prohibited except where authorized by a temporary use permit.

This chapter applies to mobile food businesses operating on private property only, where administratively permitted in the zones as provided in Part 2 (Zoning Districts, Land Uses, and Development Standards).

Mobile food businesses shall only be permitted as an accessory or ancillary use in conjunction with a related primary use. Mobile food businesses shall not be permitted on a vacant property or on a property where there is no relation to the primary use.

Provisions found in this section shall not apply to vending carts, mobile ice cream vendors, seasonal farm stands, mobile food businesses in the public right-of-way, or other temporary merchants or uses that are specifically authorized by this title or other city ordinances.

When deemed appropriate by the Development Services Director and Public Works Director, mobile food businesses requesting to operate in the public right-of-way may apply for a temporary use permit as provided for in Chapter 17.41 (Temporary Use Permits and Film Permits).

Mobile food businesses are for the sale of food products only. Retail sales of nonfood items, or the performance of professional or personal services for sale shall not be provided from a mobile food business.

Mobile food businesses shall comply with all other applicable City ordinances. In the event of any inconsistency between regulations in this chapter and those outside of this chapter, the provisions of this chapter shall govern.

Mobile food businesses are allowed as a permanent use subject to the requirements of this chapter and the approval of an Administrative or Conditional Use Permit as provided in Part 2 (Zoning Districts, Land Uses, and Development Standards). The mobile food business permit shall be in conjunction with the primary use. If the mobile food business is accessory to a conditionally permitted primary use, a modification to the Conditional Use Permit may be required by the Development Services Director to establish the mobile food business. Refer to Part 5 (Land Use and Development Approval Procedures) of the Zoning Ordinance for permit application procedures.

Each mobile food business owner or operator shall receive written authorization from the owner of the property and related primary business owner to operate the mobile food business. A written authorization signed by both the property owner and primary business owner shall be submitted concurrently with the permit application.

Separate business license applications may be required for each mobile food facility. Separate business license fees shall be required for each mobile food business vehicle operating on a property.

The review authority shall be guided by the provisions of this chapter when reviewing a mobile food business application.

Mobile food businesses shall meet all applicable requirements of the County of San Bernardino Division of Environmental Health related to the preparation, handling and distribution of food, and secure any necessary permits prior to the Administrative or Conditional Use Permits becoming effective.

Parking on a landscaped area is not allowed.

A mobile food business shall park on a hard surface.

Mobile food business vehicles shall be parked so that neither the vehicle nor the customers block driveways of existing buildings or uses, or in such a manner as to create a traffic hazard.

No mobile food business shall occupy required parking stalls of the primary use.

No mobile food business shall interfere with the internal parking lot circulation.

The location and orientation of each vendor pad.

The location of any paving, trash receptacles, landscaping, planters, fences, barriers, canopies, umbrellas or other table covers.

The location of all existing and proposed activities and structures on site.

The circulation of all pedestrian and vehicle traffic on the site.

Recreational vehicles may be parked within any required front or street side setback area for temporary periods of time not exceeding 72 hours if they are parked on a driveway or paved surface, are parked perpendicular to the street, and do not encroach over a sidewalk or other part of the public right-of-way.

Recreational vehicles parked or stored for more than 72 hours on the same property shall be parked or stored within an enclosed garage, interior side yard or rear yard; shall be screened from public view by an effective combination of building walls, decorative screen walls, fences, or landscaping; and shall not be utilized for day use, occasional use or habitation.

Any area specified in this chapter where parking and/or storage lawfully occurs shall be paved or improved with materials such as concrete, asphalt, gravel, or brick. Such area shall be maintained in good condition and kept free of weeds, debris, and other materials.

A stored recreational vehicle shall bear current vehicle registration or a legal non-operation registration as required by state law.

Recreational vehicles shall not be stored in a wrecked, dismantled, or inoperative condition.

A property owner with a valid permit issued by the City of Upland pursuant to Ordinance No. 1646 may continue to park the recreational vehicle authorized under the permit or acquired within six months from the effective date of the ordinance codified in this section on the property until such time as the recreational vehicle is removed from the property. Thereafter, any subsequent recreational vehicles shall be subject to the parking standards set forth in this chapter. A permit valid as of the effective date of the ordinance codified in this section shall not run with the land nor is the permit transferrable in any manner to any other person and/or recreational vehicle. This section shall not be interpreted as prohibiting, or in any way limiting, the City of Upland's ability to enforce its ordinances regulating public nuisances.

In order to exercise the right to the above exemption, within 60 days from the effective date of the ordinance codified in this section, a property owner entitled to the above exemption, shall submit to the City of Upland a valid existing permit issued pursuant to Ordinance No. 1646, recreational vehicle identification information and other relevant information requested by the City of Upland.

For purposes of this exemption, a recreational vehicle exempt from these provisions is limited to a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy.

Recreational vehicles shall be screened from view from any public right-of-way or residential property.

Recreational vehicles shall be parked and stored in a manner that allows for adequate access by fire engines and other emergency service providers.

Use of a recreational vehicle stored in a commercial facility as a permanent or temporary residence is prohibited.

Reduce the amount of solid waste and promote the conservation of recyclable materials;

Reduce the impact of solid waste disposal on the environment;

Promote the recycling of reusable materials to conserve valuable material resources and energy, achieve greater efficiency in the regional economy, and promote local employment;

Reduce the overall amount of solid waste presently generated, thereby reducing the storage, collection, transportation, and disposal costs; and

Make redemption and recycling of reusable materials convenient to the consumer in order to reduce litter and to implement the California Beverage Container Recycling and Litter Reduction Act within the City.

Collection Facility. A "collection facility" means a center for the acceptance by donation, redemption, or purchase of recyclable materials from the public. Collection facilities may include the following:

Processing Facility. A "processing facility" means a building or enclosed space used for the collection and processing of recyclable materials, as defined further in Part 7 (Definitions). Processing facilities include areas of gross collection, processing, and storage areas with average outbound truck shipments greater than two outbound truck shipments per day.

The outdoor storage of recyclable materials not in designated and approved containers.

The use of the facility for collection or storage of solid waste or hazardous waste or materials.

The review authority for recycling facilities shall depend on the permit required by the zone in which the facility is proposed as provided in Part 2 (Zoning Districts, Land Uses, and Development Standards). Refer to Part 5 (Land Use and Development Approval Procedures) of the Zoning Ordinance for permit application procedures.

The review authority shall be guided by the provisions of this chapter when reviewing a recycling facility application, in addition to the standards of the zone in which the facility is proposed.

All recycling facilities in the City of Upland shall be required to obtain a business license from the Administrative Services Department.

Recycling facilities shall only accept materials as listed under Section 17.35.020 (Applicability).

All exterior storage of material shall be in sturdy containers that are covered, secured, painted, and maintained in good condition. Storage containers for flammable material shall be constructed of non-flammable material. Oil storage must be in containers approved by the City fire department and State Department of Health Services. No storage, including truck trailers and overseas containers, shall be visible above the height of the wall.

All facilities shall be maintained free of litter and vermin and any other undesirable materials. Mobile facilities, at which trucks or containers are removed, and the area around the collection facilities shall be swept at the end of each collection day.

All sites shall be maintained free of vermin, litter, and any other undesirable materials and shall be cleaned of loose debris on a daily basis.

No dust, fumes, smoke, vibration, or odor above ambient level may be detectable on neighboring properties.

The operator and host business of any recycling collection facility shall, on a daily basis, remove any and all recyclable materials that have accumulated or are deposited outside the containers, bins, or enclosures intended as receptacles for such materials. Upon the failure to remove such material, the City may deem them to be abandoned and may enter the site to remove the materials. The property owner(s) of the premises and the operator of the facility shall be liable for the full cost of any such cleanup work done by the City.

The facility shall adhere to the landscaping required by the City in Chapter 17.12 (Landscaping) in addition to that provided for the zoning district in which the facility is located.

Failure to comply with any of the provisions of this chapter is declared to be prima facie evidence of an existing violation, a continuing blight and a declared public nuisance and shall be abated by the Development Services Director or designee in accordance with the provisions of this Code. The real property owner and operator shall be jointly and severally liable for each violation and for payment of any fine and the costs of abatement.

In addition to the penalty provided in this section, any condition caused or permitted to exist in violation of the provisions of this section, or any ordinance, shall be deemed a new and separate offense for each day that such condition continues to exist.

Nothing in this section shall prevent the City from pursuing any other remedy provided by law in conjunction with or in lieu of prosecuting persons under this section for violation of this chapter.

The name, address, email, website (if available) and telephone number of the unattended collection container operator and parcel owner, including 24-hour contact information;

A certification signed by both the parcel owner and operator attesting that: the parcel owner and operator will abide by all the processes and requirements described in this chapter; the parcel owner expressly agrees to allow placement of the unattended collection container; and acknowledging that the parcel owner and the operator share joint and several liability for violations of conditions, regulations, and/or blight relating to the unattended collection container;

A non-refundable registration fee in an amount set by the City Council and posted on the Master Fee Schedule;

Proof of general liability insurance of at least $1,000,000.00 covering the registrant's unattended collection container and naming the City of Upland as an additional insured;

For nonprofit operators, or operators working on behalf of a nonprofit organization, evidence that the nonprofit has been registered as a nonprofit organization with the City of Upland, is recognized by the Internal Revenue Service as such, and complies with California Welfare and Institutions Code Section 148 et seq., as it may be amended;

For other for-profit operators, proof of an active business tax certificate with the City of Upland.

Physical Attributes. All unattended collection containers shall:

The Development Services Director or designee shall provide a written notification to the operator and parcel owner stating the specific grounds for each violation and a demand for correction and abatement. The notice shall allow a maximum of 15 calendar days from mailing of the notice to correct or abate the violation. If the parcel owner and the operator fail to correct or abate the all violations upon the expiration of the initial 15-day period, the collection container shall be deemed a public nuisance and will be abated pursuant to Chapters 8.12 and 8.16 of the Upland Municipal Code.

Any unattended collection container scheduled to be removed by either the City or the operator shall clearly display a notice on the unattended collection container with at least four-inch type visible from the front on the unattended collection container that states the following text in capital letters: "THIS BOX WILL BE REMOVED BY" followed by the date the unattended collection container is scheduled for removal.

For unattended collection containers required to be removed by the City of Upland due to an abatement order, a removal notice shall be posted immediately after the City notifies the operator and/or parcel owner that the facility is required to be removed.

Notice that an unattended collection container will be removed by the owner or operator shall be posted at least 14 calendar days prior to the removal of the facility.

Recognize residential care facilities as a special land use associated with the needs of elderly, abused, substance abuse recovery, dependent or neglected children, or other underprivileged/underserved persons.

Ensure the establishment and conduct of residential care facilities is properly regulated and designed for intended capacity.

Ensure that residential care facilities are sited with appropriate land uses and protect residential character.

The review and decision-making authority for residential care facility development shall depend on the permit required by the zone in which the facility is proposed. Refer to Part 2 (Zoning Districts, Land Uses, and Development Standard) of the Zoning Ordinance for land use regulations for each zoning district. Refer to Part 5 (Land Use and Development Approval Procedure) of the Zoning Ordinance for permit application procedures.

The review authority shall be guided by the provisions of this chapter when reviewing a residential care facility application, in addition to the standards of the zone in which the facility is proposed. In the event of any inconsistency between regulations in this chapter and those outside of this chapter, the provisions of this chapter shall govern.

Residential care facilities are permitted or conditionally permitted in the specified zoning districts as provided in Part 2 (Zoning Districts, Land Uses, and Development Standards) of the Zoning Ordinance.

All residential care facilities shall be licensed or deemed exempt from licensure by the State of California.

A residential care facility shall provide a minimum of 100 square feet of common space per resident and live-in caregiver. Indoor common areas and amenities that serve program activities may be counted toward this requirement, up to a maximum of 75 percent of the total open space required.

The building design and site layout shall define semi-public, semi-private, and private spaces; ensure a sense of protection and community identity; and minimize barriers to handicapped or elderly persons.

Each structure shall be compatible in style, color, materials, height, and scale with the general character of the neighborhood.

Outdoor stairwells to second floors on single-family residential dwellings shall be prohibited.

Outdoor areas shall be designed to provide facilities of a size and scale consistent with the number of residents. The facilities shall provide amenities and areas that allow active recreation, including walkways, outdoor seating, and gardens.

Where additional stories restrict easy access to open space areas on the ground floor, open roof decks, balconies, or lanais shall be provided in an amount, dimension, area, and location as determined adequate by the Development Services Director.

Residential care facilities with persons over 60 years in age or with a physical handicap shall be designed and adapted to include safety features, including bars and rails in bedrooms and bathrooms, ramps, intercom systems, emergency signals, and other provisions required by state law or federal regulations.

A residential care facility shall provide 24-hour supervision for individuals who are program participants but do not require medical care between routine health checks and medication monitoring. An operator registered with the City shall reside at the residence.

Design of common areas will minimize noise and lighting impacts on surrounding land uses, and not materially reduce the privacy or use otherwise enjoyed by the adjoining properties.

No signs advertising the facility as a residential care facility shall be permitted for display in a manner visible to residences within sight of facility and the general public.

The residential care facility shall be designed to provide maximum security for all occupants.

If the project is along a bus route, a bus turnout and shelter shall be dedicated along the street frontage, as determined by the Development Services Director.

A residential care facility may be permitted to vary from the standards of the underlying zone, at the discretion of the Development Services Director, provided the intent of softening the impacts of mass and bulk is met.

A residential care facility may be permitted to exceed the density, floor area ratio, and height standards of the underlying zone pursuant to Chapter 17.17 (Density Bonus Program).

Any other conditions imposed by the Development Services Director deemed necessary to satisfy the requirements of necessary findings.

Deemed to be inconsistent with the City's General Plan and zoning designation for the lot or property on which the ADU or JADU is located.

Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

Considered in the application of any local ordinance, policy, or program to limit residential growth.

Required to correct a nonconforming zoning condition, as defined in Section 17.37.030 below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

Building Permit Only. If an ADU or JADU complies with each of the general requirements in Section 17.37.050 below, it is allowed with only a building permit in the following scenarios:

Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

Septic System. If the ADU or JADU will connect to an on-site wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

Deed Restriction. Prior to issuance of a certificate of occupancy for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Development Services Department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:

Rent Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 66330, the following requirements shall be satisfied:

Minimum Outdoor Living Space. No ADU subject to this section that is located in the RM-10, RM-20 or RM-30 zone may cause the private and common outdoor living space of the lot to fall below the following requirements, subject to subsection A.3:

Passageway. No passageway, as defined by Section 17.37.030, is required for an ADU.

Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

Allowed Stories. No ADU subject to this section may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under Section 17.37.050B.4.

Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

Encourage the development of affordable senior citizen housing that offers easy access to needed services.

Recognize senior citizen housing as a special land use associated with the needs of elderly and low income persons.

Establish standards to ensure that senior housing is designed for the intended occupancy and is also compatible with other permitted uses within the same zone.

This chapter shall apply to applications for senior citizen housing developments, as defined in Part 7 (Definitions).

In the event of any inconsistency between regulations in this chapter and those outside of this chapter, the provisions of this chapter shall govern.

The review and decision-making authority for senior housing developments shall depend on the permit required by the zone in which the senior housing development is proposed. Refer to Part 2 (Zoning Districts, Land Uses, and Development Standards) of the Zoning Ordinance for land use regulations for each zoning district. Refer to Part 5 (Land Use and Development Approval Procedures) of the Zoning Ordinance for permit application procedures.

The review authority shall be guided by the provisions of this chapter when reviewing a senior housing application, in addition to the standards of the zone in which the senior housing project is proposed. In the event of any inconsistency between regulations in this chapter and those outside of this chapter, the provisions of this chapter shall govern.

A senior citizen housing development shall comply with all applicable requirements of the underlying zone, except as provided in Section 17.38.050 (Design and Performance Standards).

A senior citizen housing development shall be consistent with the criteria and standards of Section 17.38.060 (Parking Concessions) below and the associated findings for approval of the permit application as specified in Part 5 (Land Use and Development Approval Procedures) of the Zoning Ordinance.

A senior citizen housing development shall have a floor area that is at least 80 percent of the minimum floor area required for the respective zone.

A senior citizen housing development shall provide a minimum of 100 square feet of outdoor living space for each unit. At least 50 square feet of that space shall be private outdoor living space for each unit.

A senior citizen housing development shall provide one or more of the following common facilities for the exclusive use of the senior citizen residents:

A senior citizen housing development shall provide laundry facilities at a ratio of no less than one washer and dryer for every 10 dwelling units, if washers and dryers are not provided in individual units.