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Planning commission recommends council adopt ADU ordinance updates to comply with state law
Summary
Commissioners voted to recommend City Council adopt zoning amendments aligning Upland’s accessory dwelling unit rules with recent state changes, including expanded protections for legalization of unpermitted ADUs/JADUs and updated allowances for detached ADUs on multifamily lots.
The Upland Planning Commission on Feb. 26 recommended that the City Council adopt a zoning code amendment to update Chapter 17.37 (Accessory Dwelling Units) so local rules conform with recent state law changes that took effect Jan. 1.
Staff explained the amendment integrates provisions from Assembly Bill 2533 and Senate Bill 1211 and noted the changes are required for the city to maintain a valid ADU ordinance. Key updates include expanding the prohibition against denying a permit to legalize certain unpermitted ADUs to also cover junior ADUs (JADUs), clarifying the state’s new definition of “livable space” for multifamily conversions, and implementing the state’s new cap and allowance rules for detached ADUs on multifamily lots (state law allows up to eight detached ADUs on a lot with existing multifamily dwellings, with specified limits tied to the number of primary units).
Staff reported the city processes dozens of ADU applications annually—roughly 50–70 per year—and that applications are distributed throughout the city, with some concentration near the core. The proposed local ordinance would retain the city’s administrative ADU permit process and continue to require conditional use review for exceptional ADUs beyond established size limits.
Commissioners asked staff to confirm that adopting the ordinance would not allow the city to contravene state law; staff said local code must comply with state provisions and that retaining a local ordinance ensures the city can continue to regulate ADUs within the constraints allowed by state law. The Planning Commission adopted a resolution recommending approval to the City Council by a vote of 6–1.
Staff said the zoning code amendment is statutorily exempt from CEQA under Public Resources Code section 21817, which exempts local ordinances implementing state ADU law.
