Local zoning · Upland

Upland — Variances and Exceptions

Q: When can I use a minor adjustment instead of a variance?

If the requested deviation is 10 percent or less from a physical development standard eligible under the minor-adjustment rules (e.g., height, setbacks, lot coverage, parking dimensions), the Development Services Director may decide it as a minor adjustment without a public hearing. See § 17.44.070.B and § 17.44.070.F .

Variances and Exceptions under the Upland local zoning and planning code, with the controlling citations.

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Last reviewed: July 2, 2026

Overview

This page explains how the City of Upland handles variances, minor adjustments, and related exceptions to local zoning standards under Title 17 (Zoning). It summarizes who decides, the findings the city requires, how minor adjustments differ from variances, and how the rules interact with overlays, parking, and ADU/density-bonus waivers. The controlling text is in the Upland Zoning Ordinance: Title 17 (noted below) — read these sections for parcel-specific verification. See the city's rules for processing and appeals referenced here as well.

How Upland’s rules work at a glance

A variance is a discretionary permit for deviations from physical development standards (height, setbacks, lot coverage, FAR, parking) that applies only where strict application creates a unique hardship; the Planning Commission is the decision authority for variances. Key findings are listed in § 17.44.060.
A minor adjustment (admin-level) allows up to 10 percent deviation from eligible development standards; the Development Services Director typically decides and no hearing is required. See § 17.44.070.
Certain waivers/modifications (for example in density-bonus housing) are handled within the density-bonus procedure and need not use a separate variance/minor-mod permit; see § 17.17.070–090.
Standard measurement rules and enumerated exceptions for height projections and allowed projections into setbacks are in § 17.10.050 and § 17.10.060.

(Note: references to local procedures for filing, notice, appeals, expiration, and post-decision actions appear in Chapters 17.43–17.47; see the specific § citations below.)

Before reading the details below, if you expect to need changes to parking, development standards, design review, overlay districts, ADUs, or the state building code, note these related pages for parallel rules: Upland Parking, Upland Development Standards, Upland Design Review, Upland Overlay Districts, Upland ADUs, and the California Building Standards Code.

District-by-district (how variances/minor adjustments function across Upland’s zones)

Below are the principal zone groups in the Zoning Ordinance with the specific base-zone names used in the code and the development standards that applicants most often seek variances or adjustments from. For all of these, variances and minor adjustments follow the rules in § 17.44.060 (Variances) and § 17.44.070 (Minor Adjustments).

Residential zones (bolded zone names)

RS-20, RS-15, RS-10, RS-7.5, RS-4, MH, RM-10, RM-20, RM-30, RM-40
- Purpose: standard single-family and multi-family residential regulations and density controls. See the Residential Standards tables in Table 17.04-3 and Table 17-04-2 for parcel area, density, lot coverage and minimum floor area. Setbacks and height references point to § 17.10.060 and Table 17.04-3.
- Typical permitted uses: single-family homes, duplexes and multi-family where allowed by the RM categories (see the permitted-uses matrix in Chapter 17.40).
- Key dimensional standards often at issue: front/side/rear setbacks, maximum lot coverage, height limits, and minimum floor area — all referenced to § 17.10.060 and Tables 17.04-3 / 17-04-2.
- Where it applies: residential neighborhoods city-wide per the zoning map in Title 17.

Mixed-Use zones

C/R MU, B/R MU (and other mixed-use labels used in Chapter 17.05)
- Purpose: combine commercial/retail with residential density objectives. Parcel size, residential density and floor-area rules are in Table 17.05-2; setbacks and height in Table 17.05-3. Variances are limited to physical standards, not to authorize prohibited uses.
- Typical permitted uses: commercial retail/service at ground floor with residential or office above (see Chapter 17.05 permitted-use lists).
- Common variance requests: reduced setbacks, additional lot coverage, or increased floor-area ratio (FAR) where site constraints exist. See § 17.44.060 for required findings.

Special purpose zones (airport, open space, public/industrial)

CA (Cable Airport related), M (Mining/special), OS (Open Space), PB/I (Public Benefit / Industrial)
- Purpose and standards: Table 17.08-3 lists setback and height standards for these special purpose zones; overlay and specific-plan controls may add requirements. Variance authority and findings are the same, but aviation compatibility or mining constraints may create additional limitations.
- Typical uses and constraints: airport compatibility limitations in the CA overlay, reclamation standards under M, and public/institutional uses under PB/I. Check overlay controls in Chapter 17.09.

Commercial / Industrial zones and special commercial districts

CH, CH‑SAL (historic / special commercial district references appear in the code), plus various C- and I-type designations used through Chapters 17 and 18 (see Tables and permitted-use chapters)
- Purpose: shopping, service, office, entertainment, and industrial uses as listed in the permitted uses tables (examples such as theaters, restaurants, hotels are captured in the commercial use lists). Sign standards and sign variances are handled under Chapter 17.15, with sign deviations following the general variance procedures § 17.44.060.
- Key dimensional standards: lot coverage up to 50% (or higher where off-site parking is available), front yard and side-yard minimums vary by subzone (see Chapter 18 commercial site standards). Variances for signage, parking, or setbacks are common.

(For the full permitted-uses matrices and detailed tables by zone consult Chapter 17.40 and the applicable Tables 17.04-3, 17.05-2, and 17.08-3.)

Key rules, differences and decision standards

Decision tools and thresholds (condensed reference table)

Request type	What it allows	Decision authority	Hearing/notice required?	Code reference
Variance	Deviation from any physical development standard (height, setback, open space, FAR, parking) but not to allow a prohibited use or change the General Plan	Planning Commission	Public notice & hearing required	§ 17.44.060
Minor adjustment	Up to 10% deviation from eligible development standards (height, setbacks, lot coverage, parking dimensions)	Development Services Director (may refer to PC)	No public hearing required	§ 17.44.070
Density-bonus waivers / concessions	Waiver or modification of development standards tied to density-bonus applications (parking, setbacks, etc.) — processed within density-bonus procedure	Processed as part of Density Bonus Permit application; not a separate variance/minor mod	Public process depends on the density-bonus procedure	§ 17.17.070–090
Setback/height projections exceptions	Architectural features and allowed projections into setbacks (eaves, chimneys, towers) with defined limits	Applied under development standards review	N/A	§ 17.10.050 and § 17.10.060

Core findings required to approve a variance (text distilled)

The property has unique circumstances (size, shape, topography, location, surroundings). § 17.44.060.F.1
Strict application would deprive the property of privileges enjoyed by nearby properties in the same zone. § 17.44.060.F.2
The variance is necessary to preserve a substantial property right possessed by nearby properties. § 17.44.060.F.3
The variance will not be materially detrimental to public health, safety, welfare, or nearby properties. § 17.44.060.F.4
The variance does not grant a special privilege inconsistent with limitations on other properties in the vicinity. § 17.44.060.F.5

Minor adjustment findings are narrower and administrative (compatibility with adjacent structures, neighborhood character, necessity due to unique property characteristics, no feasible alternatives). § 17.44.070.F

Conditions, precedent and appeals

The review authority may attach conditions to approvals to ensure consistency with the General Plan, Zoning Ordinance, and other standards (§ 17.44.060.G, § 17.44.070.G). Approvals are not intended to set precedent; each request is judged on its merits. § 17.44.060.H, § 17.44.070.H. Appeals and post-decision procedures reference Chapters 17.45–17.47.

Special pathways and limits

A variance cannot be used to authorize a use that is prohibited in the zone or to override the General Plan. § 17.44.060.B.2
A minor adjustment cannot be used to change lot area/width/depth, minimum number of parking spaces, or maximum residential density (explicit exclusions). § 17.44.070.B.2
For density-bonus projects, waivers and modifications of development standards are requested as part of the density-bonus process and do not require a separate variance/minor mod; see § 17.17.070(D)(1–3) and Table 17.17-5 for parking concessions.

Wildfire / code exceptions

Exceptions to building/fire code technical standards (e.g., Wildland-Urban Interface exceptions) are governed by state rules and local implementation; the Wildland-Urban Interface guidance allows local exception requests to be made and requires findings that the exception provides the same practical effect for defensible space. See the incorporated Wildland-Urban Interface code excerpts for the local process. Not all procedural detail about WUI exceptions is repeated in Title 17; consult the fire code/local building official for process.

Checklist — what an applicant must supply for a variance or minor adjustment

Completed application submitted per Chapter 17.43 (Permit Application Filing and Processing). § 17.44.060.D
All required application fees (see Development Services handout). § 17.44.060.D
Site plan, elevations, and any exhibits demonstrating the exact standard(s) to be modified. § 17.44.060.D
Written narrative and evidence addressing every required finding: unique circumstances, deprivation of privileges, preservation of property right, no material detriment, no special privilege. § 17.44.060.F
For minor adjustments: documentation showing the requested deviation is ≤ 10% and satisfies the five administrative findings. § 17.44.070.B, F
If requesting density-bonus waivers/concessions, include density-bonus submittal per § 17.17.110 and supporting economic feasibility documentation where required. § 17.17.070.D
Public noticing materials prepared by the city (variance applications require public notice and hearings under Chapter 17.46). § 17.44.060.E
For sign-related variances, address the specific sign findings listed in Chapter 17.15 as well as the variance findings.
Verify whether the project triggers Design Review; if so, prepare materials for that review per Chapter 17.XX (see the Design Review page). See Upland Design Review.

Risks & Ambiguities

Issue	Why it matters	What to verify
Variance cannot change land use	A variance only relaxes physical development standards — it cannot legalize a prohibited use or override the General Plan (denial risk).	Confirm the proposed use is allowed in the base zone before pursuing a variance. § 17.44.060.B.2
10% threshold vs larger deviations	If deviation ≤10% the director may use minor adjustment; >10% requires variance and a public hearing (different timeline, authority, and risk).	Measure the exact percentage of the deviation and confirm eligible standard type. § 17.44.070.B.1
ADU and SB‑9 interactions	State ADU rules and SB 9 changes can limit local discretion for ADUs and small-lot splits; a variance may not be the right tool for ADU setbacks/dimensions. State law may block local limits that would preclude an 800-sf ADU with 4‑ft side/rear setbacks. Verify which rules control.	Check ADU-specific code (local ADU chapter and State ADU guidance) and consult the building official. See § 17.10.060 for setbacks exceptions and the ADU guidance in the code pack.
Overlay requirements (airport, scenic)	Overlay standards can override base-zone exceptions (e.g., airport compatibility). A variance could be denied if inconsistent with overlay controls or a specific plan.	Confirm overlay applicability and whether overlay rules prohibit the requested deviation. See Chapter 17.09 and Table 17.08-3.
Fire/building-code exceptions	Technical exceptions (WUI, building-code items) are often handled by building/fire code processes and may require separate findings or appeals; Title 17 may not be the controlling approval.	Consult the fire marshal/building official for WUI and building-code exceptions; Title 17 does not replace technical code processes. See Wildland-Urban Interface excerpt.
Economic feasibility for density-bonus waivers	Waivers tied to density-bonus approvals require showing the waiver is necessary for feasibility; not a routine variance.	If seeking waivers under the density-bonus chapter, include the required economic feasibility evidence as part of the density‑bonus filing. § 17.17.070.D

Plain-English Summary

If a strict setback, height, parking, or lot-coverage rule would make your lot unusually hard to use because of something unique about your property, you can apply to the city for a variance (Planning Commission hearing) or, for smaller changes (≤10%), a minor adjustment (staff decision). You must prove why your property is different, why the strict rule deprives you of a right other similar lots enjoy, and that the change won’t hurt neighbors — and you cannot use a variance to allow a use that’s prohibited in the zone. § 17.44.060 and § 17.44.070 spell this out.

Source References

Upland Zoning Ordinance, § 17.44.060 Variances (purpose, applicability, review authority, application procedures, findings, conditions, precedence, appeals). § 17.44.060
Upland Zoning Ordinance, § 17.44.070 Minor Adjustments (purpose, eligible standards, 10% threshold, findings, authority). § 17.44.070
Upland Zoning Ordinance, § 17.10.050 and § 17.10.060 (height measurements, allowed projections, setback measurement and exceptions). § 17.10.050, § 17.10.060
Upland Zoning Ordinance, Chapters 17.04–17.08 (Residential, Mixed‑Use, and Special Purpose zone tables and standards — Tables 17.04-3, 17.05-2, 17.08-3). Table 17.04-3, Table 17.05-2, Table 17.08-3
Upland Zoning Ordinance, § 17.17.070–090 (density bonus incentives, concessions, and rules for waivers/modifications; parking concessions table). § 17.17.070–090
Upland Zoning Ordinance, Chapter 17.15 (Sign regulations and variance findings for signs). § 17.15.030
Wildland-Urban Interface and exception/appeal excerpts (state-level code text referenced in local materials; exceptions process for defensible-space standards). (State code excerpts in uploaded materials.)
State ADU guidance excerpt included in the file set (useful for ADU/variance interactions).

(Verify with the Development Services counter for parcel-specific application of any of the above standards, and for the current fee schedule and any handouts required with the application. Some procedural cross-references live in Chapters 17.43–17.47; see the code for details.)

Sources

Retrieved passages

Upland Zoning Code (§ 17.44.060.) High relevance
Upland Zoning Code (§ 17.44.070.) High relevance
Upland Zoning Code (§ 17.44.060.) High relevance
Upland Zoning Code (§ 17.44.070.) Medium relevance
Upland Zoning Code (chapter at) Medium relevance
Upland Zoning Code (§ 17.44.090.) Medium relevance
CBC § 17.10.060 (§ 17.10.060.) Medium relevance
Upland Zoning Code (§ 17.34.060.) Medium relevance
Upland Zoning Code Medium relevance
CBC § 17.44.100 (§ 17.44.100.) Medium relevance
CBC § 66314 (§ 66314) Medium relevance
Upland Zoning Code Medium relevance
CFC § 66314 (§ 66314) Medium relevance
Upland Zoning Code (§ 17.08.040.) Medium relevance
Upland Zoning Code Medium relevance
Upland Zoning Code (§ 66314) Medium relevance

Cited sections

Official Upland code library

Frequently asked questions

What is a variance in Upland and who decides it?

A variance in Upland is a discretionary permit that allows deviation from physical development standards (height, setbacks, lot coverage, parking, FAR) when strict application creates a unique hardship. The Planning Commission approves, conditionally approves, or denies variance applications. See § 17.44.060.

What findings must I prove for a variance?

You must show (1) unique circumstances to the property, (2) that strict application would deprive the property of privileges enjoyed by similar properties, (3) necessity to preserve a substantial property right, (4) no material detriment to public health/safety/welfare, and (5) the request does not grant a special privilege. See § 17.44.060.F.

When can I use a minor adjustment instead of a variance?

If the requested deviation is 10 percent or less from a physical development standard eligible under the minor-adjustment rules (e.g., height, setbacks, lot coverage, parking dimensions), the Development Services Director may decide it as a minor adjustment without a public hearing. See § 17.44.070.B and § 17.44.070.F.

Can a variance let me build a use that the zone prohibits?

No. A variance cannot be used to authorize a use that is prohibited in the applicable zone or to allow deviation from the General Plan. See § 17.44.060.B.2.

Do density-bonus applicants need a separate variance to get waivers of development standards?

No. Requests for waivers or reductions tied to a density-bonus application are submitted as part of the density-bonus procedure and do not require a separate variance or minor modification permit; see § 17.17.070.D (density-bonus waivers and parking concessions).

How do height projections and eaves work with setbacks?

The code allows limited architectural projections above height limits and specific projections into setbacks (eaves, chimneys, towers) under the height and setback exception rules; measurement conventions and allowed projections are in § 17.10.050 and § 17.10.060.

Will the approval of a variance create a permanent right that other properties can rely on?

No — the code states that the approval of a variance does not set precedent; each application is considered on its individual merits. Additionally, the review authority may attach conditions and post-decision procedures (appeals, expiration, revocation) apply. See § 17.44.060.H and post-decision Chapters 17.45–17.47.

Do sign exceptions follow the same variance rules?

Sign deviations follow the general variance process, but the sign chapter lists sign‑specific findings that must be satisfied in addition to the variance findings (see Chapter 17.15 and the cross-reference to § 17.44.060). § 17.15.030 and § 17.44.060 apply.

Can I ask for an exception to a Wildland-Urban Interface/fire-code requirement through the variance process?

Not usually via Title 17 alone. WUI and building/fire-code exceptions follow the technical code and fire‑marshal process; local exceptions to defensible-space rules require written requests and findings showing the same practical effect and may be appealed to the local jurisdiction per the WUI excerpts. Consult the building official/fire marshal. See the Wildland-Urban Interface excerpts in the materials.

If I want to build an ADU, should I pursue a variance for setbacks?

State ADU law limits local restrictions that would preclude an ADU of 800 sf with 4‑ft side/rear setbacks. Before applying for a variance, check the local ADU rules and state ADU guidance included in the code package; many ADU-related adjustments are constrained by state law, and a variance may not be effective. See the ADU guidance and the setback/exception rules.

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