Planning Commission recommends Upland update ADU/JADU ordinance to match state law

The Upland Planning Commission recommended the City Council adopt a zoning-code amendment updating local rules for accessory dwelling units (ADUs) and junior ADUs (JADUs) to reflect changes in state law. Planning Manager Laura Lee Farris told commissioners the amendments incorporate measures that took effect Jan. 1, 2026, and that "staff recommends that the Planning Commission adopt the attached resolution to the staff report recommending that the City Council adopt the proposed ordinance."

Farris outlined key state changes the ordinance incorporates: AB 462 (disaster-area occupancy exceptions), AB 1154 (JADU occupancy and short-term rental restrictions), SB 9 and SB 543 (transparency and measurement rules), and a new clarification from the Housing and Community Development Department on when multiple ADU options may be combined on a single lot. She said the draft uses interior "livable space" rather than gross square footage to measure ADUs and JDUs and implements a 15-business-day deadline to deem an application complete (with an appeal path to the commission for incompleteness determinations).

Commissioners questioned how much local discretion remains. Commissioner Johnson said he was concerned about "Sacramento telling Upland what to do," and asked whether SB 543 conflicts with prior council direction. Service Director Mr. Dahlquist and Farris replied that local ordinances must be consistent with state law or they may be nullified, but cities retain limited supplemental regulations if they comply. Dahlquist said "we don't really have a choice" about compliance.

After deliberation, a commissioner moved and the commission voted to adopt a resolution recommending Council approve Zoning Code Amendment No. 25-0004; the motion passed with six affirmative votes and one opposition. The commission's action is a recommendation to the city council and is not subject to an appeal period at the commission level.