Upland approves zoning changes to align ADU rules with new state laws

The Upland City Council on March 24 voted unanimously to introduce and approve an ordinance amending Chapter 17.37 of the Upland Municipal Code to align local accessory dwelling unit (ADU) and junior ADU (JADU) rules with recent state law changes.

Development Services Director Robert Dahlquist and Planning Manager Lorelei Farris told the council the amendments are intended to make the city’s ordinance consistent with two bills enacted in 2024, Assembly Bill 2533 and Senate Bill 1211, which took effect January 1, 2025. Staff recommended the council determine the zoning code amendment is statutorily exempt from the California Environmental Quality Act and to hold first reading by title only, waive further reading and introduce the ordinance.

Why it matters: The changes limit local discretion in specific areas governed by state law, including the legalization of some previously unpermitted ADUs, parking replacement rules when parking is removed to build an ADU, and clarification of terms used for multifamily conversions. Aligning the local code with state law preserves homeowners’ ability to seek permits under the updated statewide rules.

Key changes described by staff include: - Expanding the provision that prevents cities from denying permits to legalize unpermitted ADUs to also cover junior ADUs and moving the construction cutoff date from January 1, 2018, to January 1, 2020. Staff said the exception for denial based on compliance now references the State Health and Safety Code section on substandard buildings rather than the prior, broader language. - Extending the state prohibition on requiring replacement of off-street covered parking when a garage/carport is demolished to construct an ADU so that it also covers uncovered parking spaces. - Adding a definition of “livable space” to clarify how portions of existing multifamily structures may be converted to ADUs. Staff noted limits remain for proposed multifamily projects (two detached ADUs maximum), while the cap for existing multifamily properties depends on the number of primary dwelling units on site.

Staff said the planning division receives roughly 40 ADU permit submissions per year and estimated more than 200 ADUs were completed in Upland over the last five years. The Planning Commission recommended adoption at its Feb. 26 meeting. Dahlquist told the council that because the amendments implement state ADU law, the ordinance is exempt from CEQA under the statutory provision cited in staff materials.

Council action and vote: Councilman Bridal moved to introduce the ordinance and waive further reading; Council Member Garcia seconded. Roll-call votes were recorded as follows: Council Member Breitling — yes; Council Member Maast — yes; Council Member Garcia — yes; Mayor Pro Tem Zuniga — yes; Mayor Velto — yes. The motion passed unanimously.

Next steps: Staff said the city will update its ADU web materials after the ordinance is formally adopted and will continue to apply state timelines for plan-check and approvals. Planning staff also advised homeowners to use reputable architects and contractors to avoid construction delays that can arise from incomplete plans.

Sources and provenance: Staff presentation by Development Services Director Robert Dahlquist and Planning Manager Lorelei Farris; Planning Commission recommendation on Feb. 26; council motion and roll-call vote on March 24.