Serving as the review and decision-making authority on legislative actions;

Serving as the review and decision making authority on discretionary permit and approval applications; and

Reviewing appeals filed from Planning Commission decisions.

Appointment. The establishment of the Planning Commission shall be in accordance with Section 2.16.020 of the Upland Municipal Code.

Role. The role of the Planning Commission in the administration of the Zoning Ordinance includes the following, as shown in Table 17.43-1 (Review and Decision-Making Authority):

Appointment. The Development Services Director or the Director's designee shall serve as administrator of the Zoning Ordinance.

Role. The role of the Development Services Director or designee in the administration of the Zoning Ordinance includes the following:

Any improvement, building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained, or any use of any building or land which is conducted, operated or maintained contrary to the provisions of this Zoning Ordinance, or contrary to any detailed statement, plan, or condition of approval, approved in accordance with the provisions of this Zoning Ordinance shall be and the same is declared to be a violation of this Zoning Ordinance and is unlawful and a public nuisance.

Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this Zoning Ordinance, or permits any such violation, or fails to comply with any of the requirements hereof, or who erects any building or uses any building or land in violation of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $1,000.00, or by imprisonment for a term not to exceed six months, or by both such fine and imprisonment. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this Zoning Ordinance is committed or continued by such person, and shall be punishable as herein provided.

The City encourages prospective applicants to request a pre-application conference with the Development Services Department before completing and filing a permit application.

The purpose of a pre-application conference is to:

Information and materials provided by City staff to the applicant at the pre-application conference shall not be construed as a recommendation for either approval or denial of the proposed project.

Failure by City staff to identify at a pre-application conference all studies or application requirements shall not constitute a waiver of those studies or requirements.

All applications for a permit required by the Zoning Ordinance shall be filed with the Development Services Department on an official City application form.

The application shall be filed with all required fees, deposits, information, and materials as specified by the Development Services Department.

The City encourages applicants to contact the Development Services Department before submitting an application to verify which materials are necessary for application filing.

An application may only be filed by the owner of the subject property or a lessee or authorized agent of the owner with the written consent of the property owner.

The application shall be signed by the owner of the subject property or a lessee or authorized agent of the owner if written authorization from the owner is filed concurrently with the application.

The Development Services Department shall review each application for completeness and accuracy before it is accepted.

Acceptance of the application by the Development Services Department shall be based on the City's list of required application contents and any additional written instructions provided to the applicant in a pre-application conference or during the initial application review period.

Within 30 calendar days of application acceptance, the applicant shall be informed in writing that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information is required.

When the Development Services Department determines that an application is incomplete, and the applicant believes that the application is complete or that the information requested by the Development Services Department is not required, the applicant may appeal the determination in compliance with Chapter 17.47 (Referrals, Appeals, and Calls for Review).

After the City has accepted an application as complete, the Development Services Department may require the applicant to submit additional information for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA).

An applicant requesting approval of a building or grading permit is not required to submit a separate application for a zoning clearance.

An applicant requesting approval to establish a new or change of use in an existing building, which is constructed to accommodate the use and does not require any modifications to accommodate the use, is required to submit a zoning clearance application.

Development Services Department staff shall review building or grading permit applications, or the zoning clearance application, to verify compliance with the Zoning Ordinance. If the project complies with the Zoning Ordinance, the Development Services Director or designee shall approve the zoning clearance. Development Services Department staff shall maintain a record of the approved zoning clearance.

Ensure consistency with General Plan policies related to the preservation of established community character, and expectations for high quality development.

Respect the physical and environmental characteristics of the site.

Ensure safe and convenient access and circulation for pedestrians and vehicles.

Allow for and encourage individual identity for specific uses and structures.

Encourage the maintenance of a distinct neighborhood and/or community identity.

Minimize or eliminate negative or undesirable visual impacts.

Ensure protection of significant views from public right-of-way(s).

Allow for different levels of review depending on the significance of the development project.

Development plan review shall be required before the issuance of a building or grading permit for the following projects:

The Development Services Director or designee shall take action on all development plan review applications.

The Development Services Director or designee may choose to refer any development plan review application to the Planning Commission for review and final decision.

The design and layout of the proposed project will not interfere with the use and enjoyment of existing and future neighboring properties and structures.

The proposed architectural design makes use of appropriate materials, texture, and color, and will remain aesthetically appealing and appropriately maintained.

The proposed landscaping design, including color, location, size, texture, type, and coverage of plant materials, as well as provisions for irrigation, maintenance, and protection of landscaping elements, will complement structures and provide an attractive environment.

The proposed design will not be materially detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity of the proposed project.

The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property.

The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities.

The proposed use will not be detrimental to the public health, safety, and welfare of the persons residing or working in the neighborhood of the proposed use.

The Development Services Director or designee shall approve, conditionally approve, or deny administrative use permit applications upon the recommendations of technical staff.

The Development Services Director or designee may choose to refer any administrative use permit application to the Planning Commission for review and final decision.

The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property.

The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities.

The proposed use will not be detrimental to the public health, safety, and welfare of the persons residing or working in the neighborhood of the proposed use.

Allowable Variances. A variance may be granted to allow for deviation from any physical development standard that applies to the subject property. Examples of physical development standards include height, setbacks, open space, floor-area ratio, and off-street parking requirements.

Variances Not Allowed. A variance shall not be granted to authorize a land use that is prohibited in the applicable zone or to allow deviation from a requirement of the General Plan.

There are unique circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, that do not generally apply to other properties in the vicinity or in the same zone as the subject property.

The strict application of the Zoning Ordinance requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity or in the same zone as the subject property.

The variance is necessary to preserve a substantial property right possessed by other property in the vicinity or in the same zone as the subject property.

The variance will not be materially detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity or in the same zone as the subject property.

The variance does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity or in the same zone as the subject property.

Permitted Modifications. A minor adjustment may be granted to allow for a maximum 10 percent deviation from a physical development standard that applies to the subject property. Types of physical development standards eligible for a minor adjustment include:

Excluded Modifications. Minor adjustments shall not be granted for:

The Development Services Director or designee shall approve, conditionally approve, or deny all minor adjustment applications.

The Development Services Director may choose to refer any minor adjustment application to the Planning Commission for review and final decision.

The minor adjustment will be compatible with adjacent structures and uses and is consistent with the character of the neighborhood or district where it is located.

The minor adjustment will not adversely impact neighboring properties or the community at large.

The minor adjustment is necessary due to unique characteristics of the subject property, structure, or use.

Unique characteristics necessitating the minor adjustment generally do not apply to other properties in the vicinity or in the same zoning district as the subject property.

There are no feasible design alternatives that meet the project objectives while eliminating the need for the requested minor adjustment.

The minor adjustment will be consistent with the purpose of the zoning district, the General Plan, and any adopted area, specific, community, or neighborhood plan.

Parcel Maps are required for all subdivisions creating four or fewer parcels or condominiums for the purpose of sale, lease, or financing. A tentative parcel map must be approved before a parcel map can be submitted to the Engineering Division.

Tract Maps (also known as Final Maps) are required for all subdivisions creating five or more parcels or condominiums for the purposes of sale, lease, or financing. A tentative tract map must be approved before a tract map can be submitted to the Engineering Division.

No lot shall be created without frontage on a public street, except lots created in conjunction with approved private access easements.

The side lines of lots shall run at right angles or radially to the street upon which the lot fronts, except where impractical by reason of unusual topography.

Lots shall be equal or larger in measure than the prevalent size of existing lots in the surrounding area except where a deliberate change in the character of the area has been initiated by the adoption of a specific plan, a change in zone or general plan designation.

The site is physically suitable for the proposed type and density of development.

The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

The design of the subdivision or type of improvements is not likely to cause problems to the public health, safety, or welfare.

The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the review authority may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. (This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction).

The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

Lot Line Adjustment. As provided by the Map Act (Section 66412(d)), the lot line adjustment procedure is for relocating lot lines between two or more existing adjoining parcels, where land taken from one parcel is added to an adjoining parcel and where:

Lot Merger. As provided by the Map Act (Section 66499.20¾), the lot merger procedure is for the consolidation of any number of existing contiguous parcels into one parcel under common ownership, provided that no new street is created and no existing street or public service easement is extinguished.

In the case of an adjustment, the adjustment will not have the effect of creating a greater number of parcels than existed before the adjustment.

Any parcels resulting from the adjustment or merger will not be in conflict with any applicable provisions of this Zoning Ordinance.

The adjustment or merger will not result in an increase in the number of non-conforming parcels.

After the adjustment or merger, none of the resulting parcels will be reduced below the minimum standards for the zoning district in which they are located (unless granted a variance or minor modification).

Conform the adjustment or merger and proposed parcels to the requirements of this Zoning Ordinance and the Building Code.

Require the prepayment of real property taxes prior to the approval of the lot line adjustment or merger.

Facilitate the relocation of existing utilities, infrastructure, or easements.

Completion by Deed. A lot line adjustment or merger shall not be effective until a deed signed by the record owners has been recorded. The applicant shall submit deeds to the City Engineer for review and approval in compliance with paragraph 3 of this subsection before recordation of the grant deed. The legal descriptions provided in the deeds shall be prepared by a person authorized to practice land surveying in the state.

Completion by Record of Survey. The City Engineer may require that a lot line adjustment or merger not be effective or final until a record of survey has been checked by the City Engineer and the County Surveyor, and recorded by the County Recorder.

Review and Approval by City Engineer. Following approval of the lot line adjustment or merger, the City Engineer shall:

A petition has been completed containing the signatures of property owners who own more than two-thirds of the property abutting the portion of the street, alley, or easement to be vacated.

The vacation is in the public interest.

No property will be denied direct access as a result of the vacation.

A Zoning Clearance becomes effective immediately upon issuance.

All other permit approvals become effective ten days following approval by the review authority, unless appealed or called up for review (see Chapter 17.47 [Referrals, Appeals, and Calls for Review]).

Upon failure to complete any work or comply with conditions, the City may complete the work or fulfill the condition, and may collect from the applicant or surety all costs incurred, including administrative, engineering, legal, and inspection costs.

If additional costs in excess of the deposit amount are incurred, it shall be the responsibility of the property owner to bear such additional costs.

Any unused portion of the security shall be refunded to the funding source.

An applicant shall request desired changes in writing, and shall also submit appropriate supporting materials and an explanation of the reasons for the request.

Changes may be requested either before or after construction or establishment and operation of the approved use.

Changes shall be approved before implementation of the changes.

The requested changes are consistent with all applicable requirements of the Zoning Ordinance.

The requested changes are consistent with the spirit and intent of the original approval.

The requested changes do not alter a mitigation measure or cause an additional significant impact pursuant to an approved Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report for the project.

The requested changes do not involve a feature of the project that was a basis for conditions of approval for the project.

The requested changes do not involve a feature of the project that was a specific consideration by the review authority in granting the approval.

The requested changes do not involve any expansion or intensification of the use or structure.

A building permit is issued and construction has commenced.

A certificate of occupancy is issued.

The permittee notifies the City in writing when the use is established.

The Development Services Director or designee may approve an extension to a permit or approval in the following manner:

Findings. In approving an extension of time, the review authority shall make the following findings:

Conditions of Approval. The review and decision-making authority may attach conditions to the approval of an extension of time as needed to ensure compliance with the Zoning Ordinance, other City ordinances, the General Plan, any other applicable community or specific plan.

A permit may be revoked or modified by the review authority which originally approved the permit or approval.

In instances where the Development Services Director or designee was the approval authority, the Development Services Director or designee may choose to refer any action to revoke or modify a permit to the Planning Commission for review and final decision.

The applicant or property owner has altered the circumstances under which the permit was granted to a degree that one or more of the findings required to grant the original permit can no longer be made.

Permit issuance was based on misrepresentation by the applicant, either through the omission of a material statement in the application, or in public hearing testimony.

One or more conditions of approval have been violated, or have not been complied with or fulfilled.

The use or structure for which the permit was granted no longer exists or has been discontinued for a continuous period of at least 12 months.

The applicant or property owner has failed or refused to allow inspections for compliance.

Improvements authorized by the permit are in violation of the Zoning Ordinance or any law, ordinance, regulation, or statute.

The use or structure is being operated or maintained in a manner which constitutes a nuisance.