The purpose of this chapter is to support temporary, seasonal, and special events and filming of motion pictures, television productions, and commercials in the City by establishing a review process that provides regulation that is both suitable and minimal, while ensuring the health, safety, and well-being of the community. A Temporary Use Permit and Film Permit allow for short-term activities that do not meet a zoning district's typical use standards, but may be permitted by the City to operate for a limited period of time.
A.
This chapter shall apply to all temporary, seasonal, and special events as defined in Part 7 (Definitions) and as permitted below in Section 17.42.040 (Authority). The districts that are eligible for temporary, seasonal, and special event permits are identified in Part 2 (Zoning Districts, Land Uses, and Development Standards).
B.
This chapter shall apply to all filming of motion pictures, television productions, and commercials in the City for educational, entertainment or commercial purposes on public or private property or airspace within the boundaries of the City.
C.
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.
The following temporary uses are exempt from a temporary, seasonal, or special event permit:
1.
City-operated events.
2.
Temporary events held in meeting halls, theaters, or other permanent indoor or outdoor public gathering venues.
3.
Promotional activities for a business completely within an existing business structure (e.g., artist reception at a gallery, book store author readings, open house).
4.
On-site contractor's construction yards when in conjunction with an approved construction project. The activity shall cease upon completion of the construction project or the expiration of the construction permit.
B.
The following filming activities are exempt from the provisions of this chapter:
1.
Noncommercial still photography, or filming or videotaping which is solely for private or family use.
2.
Film production occurring solely on the premises of a properly permitted motion picture or television studio.
3.
Reporters, photographers, or cameramen in the employ of a newspaper, news service, radio or television broadcasting station or similar entity, engaged in on-the-spot broadcasting, reporting or photographing of news events of general public interest.
The Development Services Director or designee shall take action on all temporary, seasonal, and special event or film permit applications. The request for approval shall be submitted to the Development Services Department on an application approved by the Development Services Director. Refer to Section 17.41.080 and Section 17.41.090 below for permit application procedures.
A.
Permitted Temporary Uses.
1.
Off-Site Construction Yards. Off-site contractor construction yards, in conjunction with permitted construction project. The temporary use permit shall expire upon completion of the construction project, or the expiration of the construction permit.
2.
Mobile Home Residence. A trailer or mobile home is permitted as a temporary residence for the property owner when a valid construction permit for a new single-family dwelling is in force. The temporary use permit may be approved for up to one year, or upon expiration of the construction permit, whichever comes first.
3.
Work Trailers. A trailer or mobile home as a temporary work site for business employees during construction or remodeling of a commercial or manufacturing structure may be approved for a maximum of one year.
4.
Storage Pods. A storage pod or similar temporary use, not including freight containers, may be permitted on a lot for up to 72 hours without formal approval. A storage pod or similar temporary use may be permitted on a lot for up to 30 days with a permit.
5.
Fabric Tents. A fabric tent or similar temporary use may be permitted on a lot for up to 72 hours. A fabric tent or similar temporary use may be permitted on a lot for up to 30 days with a permit.
6.
Displays and Signage. Temporary advertising displays, signs, flags, or banners, subject to compliance with the provisions of Chapter 17.15 (Signs).
7.
Real Estate Sales Offices. A temporary real estate sales office may be established within the area of an approved development project, for selling or leasing homes. A permit for a temporary real estate office may be approved for a maximum of one year.
8.
Real Estate Signs. Temporary signs advertising a contiguous grouping of residential lots or units for sale or lease may be approved for a maximum of one year.
9.
Temporary Structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved, for a maximum of 18 months from the date of approval, as an accessory use or as the first phase of a development project.
B.
Permitted Seasonal Uses.
1.
Seasonal Sales. Seasonal sales activities (e.g., Halloween, Christmas) including temporary residence or security trailers, on non-residential properties. The sales activity may be approved for a maximum of 30 days or a period of time determined appropriate by the Development Services Director.
2.
Seasonal Displays or Exhibit Events. Outdoor display or exhibit events, including artist, cultural, and educational displays on non-residentially zoned properties, when not a part of the established primary use of the site, for up to 12 days per calendar year.
C.
Permitted Special Event Uses.
1.
Outdoor Events. Outdoor events, including a public gathering, speech, concert, performance, or presentation, may be approved subject to the conditions in this chapter.
2.
Special Sales. This use class consists of any event, promotion, or sale sponsored by a business, shopping center, or organization that is held outside the confines of the building, whether or not a business license is required, and that may include or be limited to, the display of temporary signs, flags, banners, fixed balloons, rides, games, booths, or similar amusement devices, whether or not a fee or admission is charged.
3.
Festivals and Other Special Events. This use class consists of the temporary operation of a commercial event for entertainment, but not for promotional purposes for a business, including carnivals, circuses, concerts, fairs, farmers' markets, festivals, flea markets, mobile food businesses in the public right-of-way, fund-raisers, live entertainment, parades, outdoor sporting events, public relations activities, rummage sales, second hand sales, swap meets, and other similar events designed to attract large crowds and which are held on private or public property for up to 12 days per calendar year.
The Development Services Director may condition the issuance of a permit by imposing reasonable and necessary regulations on the time, place, and operation of the event in order to protect the health, safety, and well-being of the community. The following conditions include, but are not limited to:
A.
The use or event will comply with any relevant ordinance or law and obtain any required permits, including building permits, fire code permits, etc.
B.
A special event shall not be operated after 10:00 p.m. of any night.
D.
Conditions may regulate:
1.
Noise and sound amplification systems.
2.
Operation hours and days.
3.
Signage, banners, and other displays.
4.
Size, location, and design of temporary structures.
6.
Mobile food businesses temporarily operating in the public right-of-way shall comply with all applicable regulations of the County of San Bernardino Division of Environment Health.
A.
Purpose. A Temporary Use, Seasonal, or Special Event permit is a ministerial action that enables the City to ensure that a proposed event is consistent with the Zoning Ordinance and properly mitigates impacts on residents, visitors and businesses, maintains traffic circulation and ensures public safety.
B.
Application Submittal and Review. An application for a Temporary, Seasonal, or Special Event 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 Temporary, Seasonal or Special Event 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 C (Findings).
C.
Findings. The review authority may approve a Temporary, Seasonal, or Special Event permit if all of the following findings can be made:
1.
That the use or event applied for, at the location specified in the application and for the time designated, is permitted by the regulations set forth in this chapter.
2.
That the use or event is necessary or desirable for the community and is not detrimental to existing uses on the site in which the proposed event is to be located.
3.
That the site for the use or event is properly designed and improved so as to carry the type and quantity of traffic generated or to be generated by the use.
D.
Conditions of Approval. In approving a temporary, seasonal or special event permit, the Development Services Director or designee may approve, conditionally approve or deny the event, under such conditions as he or she may deem reasonable and necessary to safeguard the public health, safety or general welfare, subject to the following:
1.
No such event shall be permitted in any residential zone excepting on church sites.
2.
No structure or amusement device shall exceed the height of the adjoining business structure(s) or 30 feet, whichever is less, unless the Development Services Director or designee determines the device or structure to be non-detrimental to the other uses in the vicinity.
3.
No wild or ferocious animals shall be displayed unless evidence is provided that demonstrates that adequate protective measures have been taken to ensure the public health and safety.
4.
All regulations imposed for safety, health and the general welfare shall be complied with.
5.
The physical layout of the area set apart for the use or event shall not reduce the parking area below the minimum required for such business by the provisions of the Upland Municipal Code.
6.
Not less than two weeks before erection of any structures, including structures for amusement devices and rides, application must be made to the building department and all applicable building and electrical regulations must be complied with. For all rides, certificates of safety must be furnished to the building department, and no rides, amusement devices, or concessions shall be put into operation until inspected and cleared by the building department.
7.
Insurance Coverage. In the event that the Development Services Director or designee deems that insurance coverage is necessary to protect the public health, safety, and welfare, the following shall apply:
a.
Not less than two weeks prior to the erection of any structure in connection with a special event, the operator or operators of such event shall furnish to the City Manager certificates naming the city as additional insured and showing that there is in full force and effect liability, property damage, fire, legal, completed operations, and/or products and workman's compensation insurance covering every activity in the proposed special event.
b.
Insurance shall be furnished in such amounts as will give to the city insurance coverage necessarily and reasonably commensurate with the activity being conducted and the quality and use of the structure to be constructed.
c.
The exact amount of coverage shall be provided to the satisfaction of the city manager at the time that application for such use is made, based upon the evidence submitted, and the perceived risk of injury to the public as a result of the proposed construction and/or operation of the special events.
d.
Provided further, the Development Services Director or designee may require the posting of a cash bond or passbook account in such amount as may be deemed adequate and necessary to ensure post operational cleanup and restoration of the affected site to preoperational conditions of cleanliness. Any such surety shall be refunded to the applicant when such site has been restored to the preoperational conditions to the satisfaction of the Development Services Director or designee.
8.
The temporary use or special event shall not extend longer than is permitted by Section 17.42.070 (Performance Standards) for the specified use. Provided, however, that the Development Services Director or designee may grant one renewal or extension of any such permit for a period determined appropriate by the Development Services Director or designee.
E.
Post-Decision Procedures. The procedures and requirements relating to appeals and calls for review (Chapter 17.47), effective dates, permit expiration, permit revocation, and changed plans shall apply to temporary, seasonal, and special events as provided in Chapter 17.45 (Post-Decision Procedures). The procedures and requirements relating to notices of decision shall apply to temporary, seasonal, and special events as provided in Chapter 17.46 (Public Notice and Hearings).
A.
Purpose. A Film Permit is a ministerial action that enables the City to allow and assist filming of motion pictures, television productions, and commercials in the City, while protecting the safety, property, and convenience of the City's residents, businesses, and visitors.
B.
Application Submittal and Review. An application for a film permit 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 film 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 C (Findings).
C.
Findings. The review authority may approve a film permit if all of the following findings can be made:
1.
That the activity is consistent with the regulations of this chapter and the terms of the application.
2.
That the conduct of such activity will not unduly interfere with traffic or pedestrian movement or be detrimental to the public peace, health, safety, or general welfare.
3.
That the conduct of such activity will not unduly interfere with normal governmental or city operations, result in damage or detriment to public property, or result in the city incurring costs or expenditures in either money or personnel not reimbursed in advance by the applicant.
4.
That the conduct of the activity will not constitute a fire hazard and all proper safety precautions will be taken.
5.
The conduct of the filming activity will not require the diversion of such large numbers of police officers to properly police the activity so as to interfere with the normal level of police protection in all areas of the City.
D.
Conditions of Approval. In approving a film permit, the Development Services Director or designee may approve or conditionally approve, under such conditions as he or she may deem reasonable and necessary to safeguard the public health, safety, or general welfare. The City reserves the right to revoke film permits and filming privileges if the provisions of this chapter, or any other applicable laws or ordinances are violated.
E.
Post-Decision Procedures. The procedures and requirements relating to appeals and calls for review (Chapter 17.47), effective dates, permit expiration, permit revocation, and changed plans shall apply to Film Permits as provided in Chapter 17.45 (Post-Decision Procedures). The procedures and requirements relating to notices of decision shall apply to Film Permits as provided in Chapter 17.46 (Public Notice and Hearings).