The purpose of this chapter is to create a method to draw a reasonable balance between private property rights and the public's interest in preserving Upland's unique historic character by ensuring that the demolition, moving, or alteration of properties is carefully considered for impact on the property's contribution to Upland's heritage.
It is hereby declared as a matter of public policy that the protection, enhancement, perpetuation, and use of improvements of special character or special historical interest or value, located within the City of Upland, is a public necessity and is required in the interest of the health, safety, and welfare of the people. The purposes of this chapter are to promote the public health, safety, and welfare through:
A. 
Promoting the use of historic districts and landmarks for the education, pleasure, and welfare of the public;
B. 
Fostering civic pride in the beauty and noble accomplishments of the past;
C. 
Promoting good urban design;
D. 
Safeguarding the City's historical and cultural heritage, as embodied and reflected in such landmarks and historic districts;
E. 
Protecting, enhancing, and perpetuating such improvements and districts that represent or reflect elements of the City's cultural, social, economic, political, and architectural history;
F. 
Promoting and encouraging continued private ownership and utilization of such improvements and historic districts;
G. 
Enhancing property values and stabilizing historic neighborhoods;
H. 
Strengthening the economy of the city; and
I. 
Protecting and enhancing the City's attraction to residents, tourists, and visitors and serving as a support and stimulus to business and industry.
This chapter shall apply to applications for the designation or removal of a cultural resource or historic district to/from the Local Register; and to the alteration, restoration, maintenance, and demolition of structures 50 years old or older located within a historic district.
A. 
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.
B. 
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.
Any person or group may submit an application requesting the designation or removal of a cultural resource or historic district to/from the Local Register. The application process and criteria for nominating or removing a cultural resource or historic district is provided in Section 17.26.100 (Permit Review Procedures for Designation or Removal of a Cultural Resource or Historic District).
The City shall promote the use of appropriate preservation incentives to encourage owners to designate and maintain their cultural resources. Incentives may include the following:
A. 
Mills Act contracts.
B. 
Preservation easements for the façades of designated structures.
C. 
Use of the California State Historical Building Code.
D. 
Assistance in processing applications for nominations to the National Register of Historic Places.
E. 
Plaques, awards or other symbols of recognition of exemplary rehabilitation.
F. 
Plaques ordered through Upland Heritage.
G. 
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.
H. 
Grants and loans for rehabilitation of residential, commercial, and industrial buildings.
I. 
Planning grants and survey grants.
J. 
Variances or minor modifications, including, but not limited to, building setbacks and parking requirements for rehabilitation projects.
K. 
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.
L. 
Reduced Processing Fees.
1. 
Reduction of Certain Building Permit Fees. Certain building permit fees may be reduced for the following projects found to be in compliance with the Secretary of Interior Standards: Repair of exterior work of significant architectural features including:
a. 
Relocation to another site within the City of Upland.
b. 
Restoration of significant building features.
c. 
Seismic reinforcement and other structural stabilization and repair.
A. 
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.
B. 
The order of preference for the proposed alteration of a historic resource shall be as follows:
1. 
Deteriorated historic features shall be repaired rather than replaced.
2. 
Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall be maintained in its original style to the greatest extent feasible; or match the old feature in design, color, texture, and materials.
3. 
Where the use of like materials is not feasible, the use of simulated materials may be used, provided that the replacement of missing features with simulated, as opposed to like materials, shall be substantiated by documentary and physical evidence submitted as part of the permit application.
C. 
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.
When reviewing a structure for alteration, repair, or restoration, the review authority shall use the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, for determining the approval, approval with modifications, or denial of an application, in addition to all other findings for approval required for the proposed permit as provided in Section 17.26.110 (Certificate of Appropriateness). The Secretary of Interior's Standards were developed by the federal government to set up very broad, general philosophical principles regarding work done to historic properties, as listed below. Any proposed work shall follow these general principles while meeting the guidelines set forth in this section.
A. 
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.
B. 
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.
C. 
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.
D. 
Changes to a property that have acquired historic significance in their own right shall be retained and preserved.
E. 
Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.
F. 
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.
G. 
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.
H. 
Archeological resources shall be protected and preserved in place. If such resources must be disturbed, mitigation measures shall be undertaken.
I. 
New additions, exterior alterations, or related new construction shall not destroy historic materials, features, and spatial relationships that characterize the property.
J. 
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.
A. 
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.
B. 
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.
C. 
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:
1. 
Façades which may fall and injure members of the public or property,
2. 
Deteriorated or inadequate foundation,
3. 
Defective or deteriorated flooring or floor supports,
4. 
Deteriorated walls or other vertical structural supports that split, lean, list or buckle due to defective material or deterioration,
5. 
Members of ceilings, roofs, ceiling and roof supports or others horizontal members which age, split or buckle due to defective material or deterioration.
6. 
Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration,
7. 
Deteriorated, crumbling or loose exterior plaster,
8. 
Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors,
9. 
Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering, and/or
10. 
Any fault or defect in the building which renders it not properly watertight or structurally unsafe.
D. 
This section shall be in addition to any and all other provisions of law requiring such historical resource to be kept in good repair.
A permit for the demolition of historic resources 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, pursuant to Section 17.26.120 (Permit Procedures for Demolition of Historic Resources).
A. 
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.
B. 
Applicability. Any person or group may submit an application requesting the designation or removal of a cultural resource or historic district.
1. 
Cultural Resource. The property owner shall give written consent for the designation or removal of a cultural resource to the Development Services Director or designee prior to the public hearing.
2. 
Historic District. The majority of property owners in the proposed historic district shall give written consent for the designation or removal of a historic district to the Development Services Director or designee prior to the public hearing.
C. 
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.
D. 
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.
E. 
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).
F. 
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:
1. 
It embodies distinguishing architectural characteristics, valuable to the study of a period, style, method of construction, or the use of indigenous materials or craftsmanship.
2. 
It exemplifies, symbolizes, or manifests elements of the cultural, social, economic, political, or architectural history of the city.
3. 
It is identified with historic persons or with important events in local, state, or national history.
4. 
It is representative of the work or product of a notable builder, designer, or architect.
5. 
Its unique location or singular physical characteristics represent an established and familiar visual feature of a neighborhood.
6. 
It contributes to the continuity or character of a visually or thematically cohesive street, neighborhood, or area.
7. 
It has integrity as a natural or manmade environment that strongly contributes to the well-being of the people of the community.
G. 
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.
1. 
Historic Resources Survey. As part of the nomination for designating a historic district, a historic resources survey shall be prepared identifying all contributing resources and non-contributing resources. If not otherwise designated, all cultural resources listed in a designated historical district will be considered "contributing." The survey may also identify contributing landscaping, natural features, or sites. The survey shall be reviewed in accordance with the designation procedures in this section. The survey shall identify the manner in which the proposed district possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development within the period of significance and within the context of the district.
2. 
Finding of Contribution. Each cultural resource within a proposed historic district must be identified as a contributing resource. If a resource is individually designated, it is then automatically considered a contributing resource within the district that includes it.
H. 
Criteria for the Removal of a Cultural Resource.
1. 
A designated cultural resource may only be removed from the Local Register in the following cases:
a. 
In cases of demolition as approved by a permit for the demolition of a historic resource; or
b. 
After 5 years of being designated, the property owner may submit a "de-nomination statement," outlining reasons for removal from the register. The de-nomination request shall be processed in compliance with the procedure for nomination listed in this section. The de-nomination statement must provide written proof and documentation that the findings used to designate the structure were largely in error, or that new information is discovered, material to the decision to designate a cultural resource, which was not discovered through the exercise of due diligence at the time of the original designation.
2. 
If delisting a designated resource is proposed, the lead agency shall conduct environmental review in compliance with the State guidelines for the implementation of the California Environmental Quality Act (CEQA) as they relate to historic resources.
I. 
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.
J. 
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.
K. 
Recordation. Following designation by the Planning Commission, the city shall cause the designation to be recorded with the San Bernardino County Recorder's office.
L. 
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.
A. 
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.
B. 
Applicability.
1. 
A Certificate of Appropriateness is required for the alteration of any individual cultural resource listed on the local register of historic places or historic resources survey, or any contributing cultural resource within a historic district. A certificate of appropriateness shall be required:
a. 
In addition to any other permits required by this Zoning Ordinance, but in lieu of any permits to regulate physical alteration of the cultural resource; and
b. 
Shall accompany any permit or any work otherwise altering the architectural features or appearance of the resource.
2. 
An "alteration" shall mean any act or process, through private or public action, that changes the specified character defining or significant physical features or architectural appearance of a cultural resource, including the reconstruction, new construction additions, repair, restoration, rehabilitation, replacement, or removal of any resource.
3. 
An "alteration" shall include modification of a structure, architectural detail or visual characteristic (e.g., grading, paint color, surface texture), surface paving, the addition of new structures, the cutting or removal of trees, landscaping and other natural features, the disturbance of archaeological sites or areas, and the placement or removal of any significant objects (e.g., fences, landscaping and accessories, light fixtures, plaques, signs, steps, street furniture, and walls) affecting the significant visual or historical qualities of the property.
C. 
Review Authority. Any proposed alteration to a designated cultural resource shall require administrative review as follows:
1. 
The Development Services Director or designee shall take action on Certificates of Appropriateness applications for major alterations, as defined in Subsection D below, in conjunction with development plan review. The Development Services Director or designee may consider minor alterations, as defined in Subsection D below, in conjunction with the issuance of construction permits.
2. 
The Development Services Director or designee shall approve, modify or deny the application in whole or part and may refer any certificate of appropriateness application to the Planning Commission.
3. 
The Development Services Director or designee may refer a proposed alteration to participants or experts in the local historic preservation community for technical advice as needed.
D. 
Alteration Categories.
1. 
Major Alterations. Major alterations include the following:
a. 
New construction on a vacant lot in a historic district.
b. 
Additions to a cultural resource.
c. 
Lot subdivisions.
d. 
House moving requests.
e. 
Change of use.
f. 
Other such alterations that the review authority deems to be similar.
2. 
Minor Alterations. Minor alterations shall include the following:
a. 
Repainting buildings (excluding residential buildings).
b. 
Replacing roof with similar materials.
c. 
Replacement of window glass.
d. 
Replacement in-kind of windows, doors, or exterior materials.
e. 
Replacing of fencing or other significant landscape features.
f. 
Other such alterations that the review authority deems to be ordinary maintenance or repair, and which are conducted in a manner that preserves the archaeological, cultural, and historic value of the cultural resource through conformance with the applicable Secretary of the Interior's Standards for Rehabilitation.
E. 
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.
F. 
Public Notice and Hearing. Public notice and hearing is not required for a certificate of appropriateness.
G. 
Findings. The decision making authority may approve a certificate of appropriateness for the alteration of a cultural resource based on the following findings:
1. 
The proposed alteration is compatible with and will not destroy or adversely affect architectural features of the cultural resource;
2. 
The proposed alteration complies with the order of preference outlined in Section 17.26.060(B) (Alteration of Historic Resources) for the preservation of historic features, and provides evidence of hardship in cases where the first order of preference is not feasible. Building code violations are not in and of themselves justification for not meeting the established order of preference;
3. 
The proposed alteration is consistent and compatible with the architectural style of surrounding cultural resources;
4. 
The proposed colors, finishes, materials, fencing, decorative features, details, and accessory structures are consistent and compatible with the existing structure and the surrounding cultural resources;
5. 
The proposed construction, removal, rehabilitation, alteration, remodeling, excavation, or exterior alteration conforms to the prescriptive standards as adopted by the Upland City Council/Planning Commission, and does not adversely affect the character of the district;
6. 
In the case of construction of a new improvement, building or structure upon a historic site, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of existing designated improvements, buildings, and structures on said site;
7. 
The proposed alteration considers mass, proportions, setbacks and nature of openings in the façade;
8. 
The proposed alteration complies with the Rehabilitation Guidelines outlined in Section 17.26.070 (Rehabilitation Guidelines);
9. 
The proposed alteration complies with all other applicable design guidelines and standards, CEQA Guidelines, and Secretary of Interior's Standards for Rehabilitation; and
10. 
Wherever feasible, the alteration takes full advantage of the State Historic Building Code and Uniform Code for Building Conservation.
H. 
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.
I. 
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).
A. 
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.
B. 
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.
C. 
Review Authority. The Planning Commission shall take action on all historic demolition applications.
D. 
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).
E. 
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).
F. 
Replacement Structures.
1. 
A demolition permit shall not be issued for the complete destruction of a cultural resource unless the review and decision-making authority has approved a site plan for the replacement structure(s).
2. 
The design of the replacement structure(s) shall be in accordance with the standards of the zone in which it is located and any other applicable standards.
3. 
Unless demolition is required due to unsafe or dangerous conditions in accordance with Chapter 15.20 of the Uniform Code for the Abatement of Dangerous Buildings, a demolition permit shall not be issued for the complete destruction of a cultural resource unless a building permit has been issued for the replacement structure(s).
G. 
Findings for Approval. The review authority may approve a demolition request for destruction of a cultural resource based on the following findings:
1. 
The cultural resource cannot be remodeled, rehabilitated or re-used in a manner which would allow a reasonable use;
2. 
For income producing properties, rental at a reasonable rate of return is not feasible. In determining reasonable rate of return, the review authority shall not consider debt service arising from the acquisition of properties, or any increase in debt service resulting from the refinancing of properties listed on the City's Local Register occurring after the date of adoption of this Ordinance;
3. 
The applicant demonstrates that all means involving City-sponsored incentives (e.g., financial assistance, grants, loans, reimbursements, tax abatements, and changes in the Zoning Map or Zoning Ordinance), as well as the possibility of a change of use or adaptive reuse have been explored to relieve possible economic hardship, and further, that all other means for alleviating economic hardship, including state or federal tax credits, grants to subsidize the preservation of the property, have been exhausted and have failed to alleviate the hardship;
4. 
Allowing a historic property to fall into disrepair is not justification for why it is not economically feasible to restore a cultural resource; and
5. 
Building code violations are not in and of themselves justifiable hardships but may be taken into consideration in determining the propriety of approving a request for demolition.
H. 
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.
I. 
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).
J. 
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:
1. 
Book or pamphlet.
2. 
Photographic display.
3. 
Small museum or exhibit.
4. 
Use of original fixtures.
5. 
Other methods deemed appropriate by the review authority.
A. 
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.
B. 
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).