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Zoning Clearance
1. What is a Zoning Clearance?
The purpose of a Zoning Clearance is to confirm that the proposed business/ Land use is allowed by the Upland Municipal Code or applicable zoning document at the proposed location. This is not an approval or permit to occupy a building, or an indication that the property meets all applicable code requirements. Prior to entering into lease agreements, occupying, or making any improvements at the site, you should discuss your business with the Planning Division to be certain you can operate your business at the site. Please contact the Planning Division:
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2. Do I need a Zoning Clearance?
A Zoning Clearance is also required for any use of land within the City of Upland. A zoning clearance is required prior to the issuance of a business license for all businesses that operate or plan to operate, within the City of Upland. In some cases, specific land uses need a different type of land use approval, discussed below. Prior to entering into lease agreements, occupying, or making any improvements at the site, you should discuss your business with the Planning Division to ensure you file the correct application.
3. Do you operate your business out of your home?
If you operate a Home-Based Business, you are required to complete the Home Occupation - Zoning Clearance Application. In addition, some home-based businesses, which have the potential to impact a residential neighborhood, require an Administrative Use Permit (discussed below). Prior to application submittal, please contact the Planning Division to determine what type of Application you need.
4. Application Submittal and Review
Applicants shall submit the Zoning Clearance Application via the City of Upland “Citizen Self-Serve” application portal.
To submit the application, please:
After you have selected “Zoning Clearance” the portal will walk you through the submittal. When the application is submitted, The Planning Division will review the application for completeness and determine if the proposed use is allowed at the proposed location.
- If the application can be approved, staff will approve the application and provide the applicant with an approval that is required to be acknowledged. A zoning clearance approval shall not become effective until the applicant submits a written acknowledgment and agreement to operate the proposed use in a manner that is consistent with the activity described in the approval.
- If the Planning Division needs more information, staff will contact the applicant requesting more information to determine if the use can be approved. If the application cannot be approved, staff will provide, in writing, a denial.
- When your Zoning Clearance has been approved, you are required to submit it to HDL companies, as part of your business license application.
5. Do I need any other approval/applications?
Depending on the proposed business and/or land use, you may be required to submit one of the following applications. Please contact the Planning Division to ensure you file the correct application.
| a. | Administrative Use Permit (AUP): An Administrative Use Permit is required for uses/businesses and associated operational characteristics that may be appropriate in the applicable zoning district, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. AUP applications are approved by the Development Services Director. | |
| b. | Conditional Use Permit (CUP): A Conditional Use Permit is required for uses and associated operational characteristics that may be appropriate in the applicable zoning district, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. CUP applications are approved by the Planning Commission. | |
| c. | Development Plan Review (DPR): A Development Plan Review may be required when a use/business make modifications to a site. The purpose of development plan review is to provide a process for the review of specific development projects in order to: | |
| i. | Ensure consistency with General Plan policies related to the preservation of established community character, and expectations for high quality development. | |
| ii. | Respect the physical and environmental characteristics of the site. | |
| iii. | Ensure safe and convenient access and circulation for pedestrians and vehicles. | |
| iv. | Allow for and encourage individual identity for specific uses and structures. | |
| v. | Encourage the maintenance of a distinct neighborhood and/or community identity. | |
| vi. | Minimize or eliminate negative or undesirable visual impacts. | |
| vii. | Ensure protection of significant views from public right-of-way(s). | |
| vii. | Allow for different levels of review depending on the significance of the development project. | |
| ix. | DPR applications are approved by the Development Services Director or the Planning Commission depending on the proposed use. |
Building and Safety: Prior to occupying a building or tenant suite, all business are required to apply for and obtain a “Certificate of Occupancy” from the Building and Safety Division. In some cases, tenant improvement permits are required prior to the issuance of a “Certificate of Occupancy”. Please visit the Building Division webpage: https://www.uplandca.gov/certificate-of-occupancy for further details.