Upland City Council
May 12, 2025

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APPEAL APPLICATION
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PROJECT DESCRIPTION

1. This application is an appeal to (check one):

QPlanning Commission
City Council

2. This application is an appeal of determination by the (check one):
riDevelopment Services Director
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APPLICANT CERTIFICATION
I hereby certify that the information provided is complete and that the facts, statements, and information presented are true nd correct to the best of my knowledge and belief. / (2-
Signature Date
DATE RECEIVED: RECEIVED BY: FEES: RECEIPT NO:
-37/0 / z C . 1 �'e�, !�, Are t iolii o ► ,�0, �— v� - � 6 tig Revised 10/23

Appeal of Conditional Use Permit Approval CUP-24-0011
20 W. 7th St., Upland, CA
Lois Smith
Director, Stone Ridge Academy
20 W. 7th St.

Upland, CA 91786
[email protected]
(909) 586-1388
March 10, 2025
City of Upland Planning Division
460 N. Euclid Avenue
Upland, CA 91786
Subject: Appeal of Conditional Use Permit Approval -24-0011, 20 W. 7th St., Upland, CA Dear City Council,
I am writing to formally appeal the approval of the Conditional Use Permit (CUP) granted to Mr.

Jason Watts and Scholarship Prep for a charter school at 20 W. 7th St., Upland, CA 91786. This appeal is submitted within the legally allowed timeframe, and I request a comprehensive review of CUP 24-0011. The appeal presents substantial evidence of procedural violations, fraudulent misrepresentation, and legal conflicts regarding land use. As the Director of Stone Ridge Academy, an active and operational special-needs school at this location, I formally request the immediate revocation of CUP-24-0011 because the approval process was flawed, based on fraudulent misrepresentation, and violates existing zoning and permit regulations.

1. Unauthorized Use of an Existing CUP
Stoneridge Academy currently holds an active CUP 17-12 for 20 W. 7th Street, Upland California, 91786, serving 140 special-needs students. The recent approval granted to Scholarship Prep appears to have been issued without proper verification of existing

permits, leading to a conflicting authorization. This oversight undermines the integrity of the permitting process and jeopardizes the operations of an established institution catering to a vulnerable student population.

2. Fraudulent Misrepresentation in the CUP Application
Evidence from the **Charter School Application (Dec 2023)** confirms that Scholarship Prep applied for their charter school from the County of San Bernardino **without having legal possession or authorization to occupy the property.** This constitutes fraud under **California Civil Code § 3294**, which defines fraudulent misrepresentations an intentional act to deceive and cause harm.

Furthermore, the application timeline proves that Scholarship Prep utilized Stone Ridge Academy CUP- 17-12 as a means to deceive the San Bernardino County into granting their Charter petition without having legal possession or authorization to occupy the property, meaning they falsely represented their operational readiness and capacity at the time. In addition, the application timeline proves Scholarship Prep CUP was not approved until 02/26/25, after the approval of their charted school application.

Under California Civil Code § 3294, fraudulent misrepresentation—where material facts are knowingly misrepresented to obtain a government benefit—invalidates the approval process. The misleading statements and omissions provided by the applicant justify the immediate revocation of CUP-24-0011.

3. Procedural Errors in the CUP Approval Process
Documents from the **Notice of Public Hearing** show that the planning department **failed to

notify impacted parties**, including Stoneridge Academy properly. According to **San Bernardino County Development Code Chapter 85.06**, all impacted parties must receive official notification and have an opportunity to present objections. The Planning Department's failure to comply with this legal requirement invalidates the CUP approval process.

4. Conflicts with Existing Zoning & CUP Regulations
The CUP issued to **Stone Ridge Academy holds an active and legally binding CUP** for 20 W. 7th St. Under zoning regulations, a second CUP should **not** have been issued to another institution while the first permit remains active. This oversight creates **legal grounds for revocation** under municipal zoning laws and CUP governance policies.

Stone Ridge Academy CUP (Resolution No. 17-12) is specifically tailored for a specialized educational institution serving special-needs students. The approval process for Scholarship Prep's CUP exhibited significant procedural deficiencies:
- Failure to Verify Existing Permits: The Planning Division did not adequately confirm the status of existing permits for the property.
- Conflict of Interest: Granting a CUP to Scholarship Prep directly conflicts with Stone Ridge Academy's existing permit.

Approving Scholarship Prep's CUP poses substantial risks such as displacement of 140 special-needs students from Stone Ridge Academy, operational conflicts causing logistical challenges, and zoning inconsistencies violating local regulations.

5. Impact on Stone Ridge Academy & The Community
Approving this CUP **directly threatens the educational continuity of 140 special-needs students with individual education plans (IEP's) will create irreparable harm for the students form their current

school placement at Stone Ridge Academy.** Scholarship Prep's CUP approval introduces logistical conflicts that **jeopardize student learning, campus safety, and operational efficiency.** Additionally, this permit undermines local zoning stability by allowing conflicting use permits at the same location, which violates established community planning principles.

Relevant Local Ordinances
Applicable ordinances include:
- San Bernardino County Development Code Chapter 85.06, outlining CUP procedures. - San Bernardino County Development Code § 84.25.060, stipulating compliance conditions.

6. Fraudulent Misrepresentation in the CUP Application
Evidence suggests that Mr. Jason Watts provided false information in the CUP application for Scholarship Prep. Mr. Watts falsely claimed Stone Ridge Academy is CLOSED. This was a deliberate misrepresentation to justify the need for a new school, despite Stone Ridge Academy being fully operational. Currently, there is an open escrow between the Stewart Group of Upland, LLC. and Stone Ridge Academy which prohibits any sells or lease of 20 W. 7th St. Upland, CA 91786
- Intentional Misrepresentation (California Civil Code § 3294). - Legal Precedents defining fraud as intentional deception for unfair gain.

7. Legal Implications of Fraudulent Conduct
Engaging in fraudulent activities during the CUP application process has legal consequences: - Criminal Penalties: Fraud is considered a white-collar crime under California law. - Professional Misconduct: Willfully making false statements violates California Business and Professions Code § 4301.

8. Legal & Ethical Violations
The fraudulent nature of this CUP approval raises concerns of**public trust violations, perjury, and regulatory oversight failures.** If left uncorrected, this sets a dangerous precedent that could **invite further cases of misrepresentation and procedural manipulation in city planning processes.** Given the severity of these legal infractions, we request a full investigation into the approval process and possible disciplinary action against responsible parties.

9. Breach of Ethical Standards
The actions of Mr. Jason Watts breach ethical standards, including:
- Deceptive Practices undermining public trust.
- Harm to Public Interest affecting special-needs students.

10. Impact on Public Trust
Allowing the CUP approval despite fraudulent actions erodes confidence in local governance.

Transparent corrective action is necessary to maintain trust.

11. Requested Actions
Based on the evidence provided, we formally request:

1. **Immediate revocation** of the CUP granted to Scholarship Prep.

2. A **formal investigation** into the approval process and associated legal violations.

3. Confirmation that **Stone Ridge Academy retains its existing CUP** without interference.

4. Implementation of**stricter zoning compliance policies** to prevent future conflicts of this nature.

12. Conclusion
This appeal is supported by extensive documentation, including:
- **Charter School CUP-24-0011 Documents** (Exhibit A)

- **Notice of Public Hearing** (Exhibit B)
- **Stone Ridge Academy CUP-17-12 Upland Documentation** (Exhibit C) - **Charter School Application (Dec 2023)** (Exhibit D) -**Stone Ridge Academy Nonpublic School State Certification** (Exhibit E) -** Stone Ridge Academy Business License** (Exhibit F)
I urge the Planning Division to **take immediate corrective action** by revoking the CUP and ensuring regulatory compliance. Please confirm receipt of this appeal and provide a timeline for resolution. I am available for further discussion at (909) 586-1388 or [email protected].

Sincerely,
Lois Smith
Director, Stoneridge Academy
20 W. 7th St., Upland, CA 91786

i a Op
` �OUPLAND
`fir..'•: ° Planning Commission
y ,• - , �� i/]/��L`rL "The City of Gracious Living" [4 F �Cl� [J�'W
DATE: February 26, 2025
TO: CHAIR AND PLANNING COMMISSIONERS
FROM: ROBERT D. DALQUEST,DEVELOPMENT SERVICES DIRECTOR PREPARED BY: ANDREW R. ARELLANO,ASSISTANT PLANNER
SUBJECT: CONDITIONAL USE PERMIT NO. 24-0011 TO ESTABLISH A CHARTER SCHOOL FOR"SCHOLARSHIP PREP"LOCATED AT 20
AND 30 W. 7TH STREET IN THE op (OFFICE PROFESSIONAL)

DISTRICT
If the Planning Commission concurs with Staffs recommendation, the following motions are recommended:
• "I move to determine the project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15301 [Existing Facilities, Class 1 (a)] of the CEQA Guidelines, since the proposed project consists of a negligible expansion of use within an existing structure." • "I move to adopt a Resolution approving Conditional Use Permit No. 24-0011 to establish a charter school serving grades ranging from Transitional Kindergarten(TK)to 8th Grade, known as "Scholarship Prep.", within two existing institutional buildings totaling 36,150 square feet of building area and an 18,094 square foot play area within the Office Professional (OP) general plan designation and Office Professional (OP) zoning district located at 20 and 30 W. 7th street, subject to the required findings and subject to the conditions of approval contained in the Resolution (See Exhibit A—Draft Resolution)."

REQUEST/PROJECT DESCRIPTION
The applicant,Jason Watts,is seeking approval of Conditional Use Permit No.24-0011 to establish a charter school serving grades ranging from Transitional Kindergarten (TK) to 8th Grade within two existing institutional buildings totaling 36,150 square feet of building area, known as "Scholarship Prep", located at 20 and 30 West 7th Street.

SYNOPSIS
Applicant: Jason Watts
Property Owner: _ The Stewart Group LLC
Property Location: 20 W. 7th Street(APN:1047-262-28 and 29) Existing General Plan Land Office Professional
Use Designation:

Existing Zoning Office Professional
Classification:

Site Size: Approximately 141,570 square feet(3.25 Acres) Building/Suite Size: Approximately 36,150 square feet
Access: The primary driveway is off of West 7th Street with a secondary driveway off of South White Avenue.

Surrounding Land Uses:

Direction Land Use General Plan Zone
North Residential Residential Residential
Single- Single-
Family Family
Medium (RS Medium

7.5) (RS 7.5) _
East Offices Office Office
Professional Professional
(OP) (OP)
South Interstate-10 N/A N/A
Freeway
Residential City of City of
(South of Ontario Ontario
Freeway) _
West Residential Residential Residential
Single- Single-
Family Family
Medium(RS Medium

7.5) (RS 7.5)
See Exhibit B—Vicinity Map
Previous TPM No. 15336
Applications/Entitlements: V-988-02-Varience for Clock Tower on Building B SV-98-02-Alley Vacation
CUP-98-14 & Modifications #1 & #2 - (Establishing all existing structures, animal hospital and proposed trade school) CUP-98-14 Mod. #3, SP 14-05, DR-14-07 & LLA-14-01 (Westwood College Expansion for Dental Office — Permit
never pursued)
CUP-17-0012 (Stone Ridge Academy Private School)

AUTHORIZATION/GUIDELINES
Upland Municipal Code(UMC) Section 17.44.040 authorizes the Planning Commission to review and take action on Conditional Use Permits for educational institutions (K-12) in the Office Professional zoning district.

BACKGROUND
The applicant proposes utilizing two existing buildings within an office complex, totaling approximately 36,150 square feet, on a fully developed 3.25-acre location. The buildings were originally constructed in 2002 under Conditional Use Permit No. CUP-98-14. This CUP received

approval of three modifications but only the first two modifications being pursued and utilized by Westwood College, a private for-profit college. Westwood College closed down all of its campus locations in 2016. In 2017,the Planning Commission approved Conditional Use Permit No.CUP- 17-0012,to re-utilize the campus as a certified non-public school specializing in education services for students with disabilities,known as "Stone Ridge Academy". The school subsequently closed and the applicant seeks approval to reutilize the campus for a public charter school, known as "Scholarship Prep", serving grades from Transitional Kindergarten through 8th grade. The school will utilize the existing site improvements and make minimal tenant improvements. No building expansion is proposed.

Technical Review Committee
The Technical Review Committee reviewed the project and recommended approval, subject to conditions of approval that have been incorporated into the draft resolution. The conditions of approval will ensure that the use operates within the requirements of the Upland Municipal Code and will remain compatible with the surrounding land uses.

Public Notice
This project included multiple modes of notifying the public,in accordance with Upland Municipal Code(UMC) Section 17.46.020.

1. On February 13,2025,a Notice of Public Hearing was mailed to all property owners within 300 feet of the project site. This resulted in a total of 17 property owners being noticed.

2. The Public Hearing Notice was posted in 2 physical locations (Upland City Hall and Upland Library) on February 13, 2025.

3. The Public Hearing Notice was published in the Inland Valley Daily Bulletin on February 14, 2025.

ANALYSIS
General Plan and Zoning
The project is located within the Office Professional (OP) General Plan Designation and Zoning District. (See Exhibit C—General Plan Map and Zoning Map). This designation supports a variety of commercial uses as well as professional and administrative offices. The establishment of an educational institution is consistent with the underlying General Plan and the OP zoning district, as it in a conditionally permitted use in the zone that is of a similar character to other uses within this designation. The project shows consideration for the following General Plan and zoning district goals and/or policies as shown in Table 1 below:

Table 1
General Plan Goal/Policy Consistency
Goal PFS-4: A community with educational The public institute will provide educational services and facilities that meet the demands of services that meet the demands of existing and existing and new development. new development, specifically providing educational access to existing and future

_General Plan Goal/Policy Consistency
students.

Policy PFS-41 Capacity: Support efforts of The new public institute will provide a new the school districts to ensure sufficient educational option to support the anticipated educational increase in city population due to the recently facilities for Upland's existing and anticipated adopted housing element and local housing kindergarten through twelfth grade developments.
population.

Pursuant to UMC Section 17.06.020 (Permitted Land Uses), educational institutions are allowed subject to approval of a Conditional Use Permit. Below is an analysis of the project's compliance with the development standards applicable to this use.

Operational Details
The proposed school, known as "Scholarship Prep", is a non-profit charter school with active campuses across Southern California, including Los Angeles, Riverside, San Diego, and Orange County. Hours of operation for the school are from 7:00 A.M. to 6:00 P.M., Monday through Friday, consistent with typical business hours for other uses permitted within the Office Professional(OP)zone. Classes are planned to begin at 8:15 A.M. The applicant proposes to grow to a maximum student population of 550 students over a period of several years. This maximum student limit has been reinforced through conditions of approval. There are twenty-seven (27) existing classrooms that will be used, which would accommodate an average of 20 students per class, at maximum capacity. The school has a staff of 35 employees, with 22 of them being teachers.The existing 18,094 square feet outdoor play area will be used throughout the school day from 8:00 A.M. to 6:00 P.M. During this time, classes will stagger the use of the area through scheduling for physical education,recess and lunches.

Site Plan and Floor Plan
The site is surrounded by single-family residential uses to the north and west, similar to other public and private schools within Upland; the Interstate- 10 freeway to the south; and Euclid Avenue and the westbound Interstate-10 freeway on-ramp to the east (See Exhibit C —Vicinity Map). The existing site consists of three (3) office buildings, "Building A", which contains the existing pet hospital and Buildings B and C,which are both 2-stories and were previously used by Westwood College and Stone Ridge Academy. The charter school proposes to take over use of Buildings B and C (See Exhibit D—Site Plan).

Parking
There are no changes proposed to the parking lot area,nor will the project alter on-site circulation.

The property can be accessed by one existing driveway from 7th Street and one on White Avenue.

The project site has a shared parking lot with an existing animal hospital and provides 177 parking spaces. The charter school requires one stall per classroom, one stall per 400 square feet of office space, and one stall for each 500 square feet of library space. After analyzing the parking requirements for the site, it was determined that there was adequate parking for the site, as the available off-street parking lot provides 80 stalls over and above the parking required for the school. See the chart below for a summary.

Use Requirement Measure Required
Animal Hospital 1 per 300 sq. ft. 6,242 sq. ft. 21 spaces Classroom 1 per classroom 27 classrooms 27 spaces Assembly 1 per 35 sq.ft.GFA of 1,355 sq. ft. 39 spaces assembly
area(Auditorium)
Office 1 for each 400 sq. ft. 3,225 sq. ft. 9 spaces Library 1 for each 500 sq. ft. 456 sq. ft. 1 space Total Required 97 spaces
Total Provided 177 spaces
Surplus 80 spaces
Circulation/Pick-up and Drop-off
Students will arrive at the school via drop-off and pick-up, before and after class hours. The operations do not include the use of buses or transport vehicles for the drop-off and pick-up of students. At the request of staff, the applicant prepared a traffic circulation plan (See Exhibit E Circulation Plan)that provides details on how pick-up and drop-off will be efficiently managed to ensure smooth circulation through the site. The circulation pattern orients parents/guardians to drop off and pick up students by entering the driveway on White Avenue. The drop-off/pick-up lane will circulate around the outside perimeter of the outdoor play area, facilitating a gathering area for students being dropped off. The play area will also serve as the waiting area for students after school, where students will be be organized by grade as they wait to be picked up.

The on-site circulation plan will accommodate a queue of thirty three (33) cars. The queue will be monitored by a minimum of ten (10) staff members, located at the site entrance on White Avenue, the perimeter of the play area and the crosswalk between the play area and Building C.

Staff will be overseeing students beginning at 7:45 A.M. to 8:15 A.M., for drop-off,then again at 3:00 P.M.for pick-up. After students are dropped off or are ready for pick-up,they will be assisted by on-site staff which will walk the children to and from the car to provide extra security and convenience to the expected queuing. One-way circulation for pick-up and drop-off will be marked, signed, and staffed to ensure a smooth flow of travel with minimum wait times and will utilize a "breakaway lane" to help minimize any traffic congestion. This will enable cars an additional option to leave the queue once a student has been picked up, as well as providing access parking stalls. The circulation plan for pick-up and drop-off have been reviewed by the City's Land Development/Engineering/Traffic Division to ensure that the best practices incorporated will ensure a smooth circulation pattern and minimize traffic back-up. Staff have also added a condition of approval requiring that the Conditional Use Permit return to the Planning Commission after 1-year of operation to evaluate the on-going operations and the adequacy of pick-up and drop- off circulation.

ENVIRONMENTAL ASSESSMENT
The project is Categorically Exempt from environmental proceedings pursuant to Article 19, Section 15301,Existing Facilities, Class 1 (a),of the California Environmental Quality Act, since the proposed project consists of a negligible expansion of use within an existing structure.

REQUIRED FINDINGS
In order to approve the project, the Planning Commission is required to make certain findings.

Section 1 of the Resolution contains recommended findings for the Conditional Use Permit for the Planning Commission's consideration.

RECOMMENDED ACTION
The Planning Division recommends the Planning Commission take the following action:

1. Find that the project is Categorically Exempt from the California Environmental Quality Act(CEQA)pursuant to Article 19, Section 15301, Existing Facilities, Class 1 (a), of the California Environmental Quality Act, since the proposed project consists of a negligible expansion of use within an existing structure; and

2. Adopt a Resolution approving Conditional Use Permit No. CUP-24-0011 to establish a charter school serving grades ranging from Transitional Kindergarten (TK) to 8t' Grade, known as "Scholarship Prep", located at 20 and 30 West 7 ' Street, subject to the required findings and subject to the conditions of approval contained in the Resolution.

RESOLUTION NO.

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF UPLAND, CALIFORNIA APPROVING AN

EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA), PURSUANT TO SECTION 15301

EXISTING FACILITES, OF THE CEQA GUIDELINES AND
APPROVING CONDITIONAL USE PERMIT NO. 24-0011 TO

ESTABLISH A CHARTER SCHOOL SERVING GRADES

RANGING FROM TRANSITIONAL KINDERGARTEN (TK) TO
8TH GRADE, KNOWN AS "SCHOLARSHIP PREP.", WITHIN

TWO EXISTING INSTITUTIONAL BUILDINGS TOTALING
36,150 SQUARE FEET OF BUILDING AREA AND 18,094

SQUARE FEET PLAY AREA WITHIN THE OFFICE

PROFESSIONAL (OP) GENERAL PLAN DESIGNATION AND
OFFICE PROFESSIONAL (OP) ZONE LOCATED AT 20 AND 30
W. 7TH STREET (APN: 1047-262-28 AND -29).

Intent of the Parties and Findings
WHEREAS, Jason Watts, has filed an application requesting approval of the Project; and
WHEREAS, The project site has a Office Professional (OP) General Plan land use designation and Zoning District, in which the Planning Commission may grant a Conditional Use Permit for the proposed Public Educational Institution; and WHEREAS, Upland Municipal Code Section 17.44.040(C) provides that the Planning Commission shall serve as the review authority for Conditional Use Permits; and
WHEREAS, Upland Municipal Code Section 17.44.040(F) provides that the Planning Commission, before it may approve a Conditional Use Permit, must make findings by resolution, as hereinafter provided, that the evidence presented shows that all of the findings referenced in Section 1 of this Resolution can be made; and WHEREAS, Upland Municipal Code Section 17.44 provides that the Planning Commission may attach conditions to the approval of the project as needed to ensure compliance with the Zoning Code, other City Ordinances, the General Plan, and any other applicable community or specific plan; and WHEREAS, the project is considered a project as defined by the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq.; and
WHEREAS, The Development Services Director has determined that the project qualifies for a Categorical Exemption from the provisions of California Environmental Quality Act (CEQA), pursuant to Article 19, Section 15301, Existing Facilities, since the project consists of a negligible expansion of use within an existing structure; and

CUP-24-0011

WHEREAS, The City of Upland Planning Division on February 13, 2025, posted two (2) true and correct copies of the legal notice at the Upland City Hall Bulletin Board and at the Upland Public Library in accordance with the Upland Municipal Code Section 17.46.020; and
WHEREAS, The City of Upland Planning Division on February 13, 2025, mailed the public hearing notice to each property owner within a 300-foot radius of the project site indicating the date and time of the public hearing in compliance with state law concerning the Project; and
WHEREAS, The City of Upland Planning Division on February 14, 2025, published a legal notice in the Inland Valley Daily Bulletin, a local paper of general circulation, indicating the date and time of the public hearing in compliance with state law concerning the Project; and
WHEREAS, The City of Upland Planning Commission conducted a duly noticed public hearing on February 26, 2025, at which time it received public testimony concerning the Project, and considered the CEQA for the proposed project.

NOW, THEREFORE, the Planning Commission hereby finds, determines and resolves as follows:

Section 1. FINDINGS. The Planning Commission hereby makes the following findings and determinations in connection with the approval of the Project:

A. The above Recitals are true and correct and are incorporated herein by this reference.

B. The project is consistent with the following General Plan Policies and Historic Downtown Upland Specific Plan goals and/or policies:

1. Goal PFS-4: A community with educational services and facilities that meet the demands of existing and new development.

Fact: The public institute will provide educational services that meet the demands of existing and new development, specifically providing educational access to existing and future students.

2. Policy PFS-2.11 Emergency Vehicle Access. Require new development to be accessible to emergency vehicles and to not impede the ability of service providers to provide adequate emergency response.

Fact: The site, as conditioned, will be physically suitable for the use in terms of student numbers, parking, and pick up and drop off congestion.

The existing building will receive an interior tenant improvement in order to meet the needs of the operation of the school. The existing site provides adequate access for emergency and public service vehicles.

CUP-24-0011

3. Policy LU-5.1 Complementary Uses. Encourage the development of complementary land uses such as grocery stores, basic commercial services, parks and recreational fields, and schools in close proximity to residential uses.

Fact: The institute will serve as a continued benefit to the surrounding community continuing to provide an additional local educational facility.

C. Per Upland Municipal Code Section 17.44.040(F), the review and decision- making authority may approve an application for a conditional use permit only if the proposed project complies with applicable standards in the Zoning Code, other City ordinances, the General Plan, and any other applicable community or specific plans, and as supported by all of the following findings:

1. Finding: The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses near the subject property.

Evidence: The proposed use of the educational institute is appropriate at the proposed location, as the site is adequate in size and shape to accommodate the use of the school. The use is permitted in the Office Professional (OP) zone with the approval of an Conditional Use Permit.

The building layout consists of 36,150 square feet of educational institute space. The building is adequate in size and configuration and accommodates twenty-seven (27) classrooms, auditorium, offices, library, and bathrooms. The school will be open Monday through Friday from 7:00 a.m. to 6:00 p.m. and will be closed on Weekends. As such, the use will operate at a similar intensity and within similar hours as the existing businesses.

2. Finding: The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g. fire and medical) access and public services and utilities.

Evidence: The site is an existing location, which is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency (e.g. fire and medical) access and public services and utilities because the use is located within an existing site that provides for tenant spaces for the operation of the use and provides adequate parking. All work will take place inside the building. The parking and on-site circulation will remain unchanged which will continue to allow access to the site. The site is located on the south of Foothill Boulevard.

CUP-24-0011

3. Finding: The proposed use will not be detrimental to the public health, safety, and welfare of the persons residing or working in the neighborhood of the proposed use.

Evidence: No evidence exists to suggest that the proposed use will be detrimental to or endanger the public health, safety, or general welfare.

Substantial investment in the area is proposed and the use will draw additional employees and customers. The use has been reviewed, and appropriately conditioned by the Building and Safety Division, Public Works Department, Police Department and San Bernardino County Fire Department to ensure the public health, safety, and welfare of the community.

Section 2. DETERMINATION. In light of the evidence presented at the hearing on this application, and based on the findings set forth above, the Planning Commission hereby finds the requirements necessary for the approval of the Project, subject to all applicable provisions of the Upland Municipal Code, and the following conditions of approval:

10.0 General Conditions

10.1 All Ordinances, Policy Resolutions, and Standards of the City in effect at the time this project is approved shall be complied with as a condition of this approval.

10.2 The project shall comply with development standards and guidelines prescribed within the Upland Municipal Code.

10.3 Current and future property owners, business managers, operators, etc. shall be responsible for ensuring and complying with all conditions of approval contained herein.

10.4 Prior to issuance of future permits, development plans shall be subject to plan check with the Planning Division, Building Division, Engineering Division, Public Works Department and Fire Department.

10.5 To the maximum extent permitted by law, Applicant must defend, indemnify, and hold City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City ("Indemnitees") harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant's activities in connection with CUP-24-0011 ("Project") on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant's contractors, agents, tenants, employees or any other

CUP-24-0011

persons acting on Applicant's behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project.

In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will promptly notify the Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days' notice from the City of any such action, Applicant shall provide to City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City's legal team to continue working on the matter. City shall only refund to Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice that the Applicant reasonably approves. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s) or take any position adverse to the Applicant in connection with such third-party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, whether at the request of the Applicant.

10.6 Within 15 business days of this approval the Property Owner or Project Applicant shall submit to the Development Services Department written evidence of agreement with all conditions of this approval before the approval becomes effective. (UMC 17.45.030)

10.7 Expansion of project beyond the scope and nature of the project, which would increase the projected scale of the project, shall not be permitted except upon application for and approval of modification to this approval.

10.8 Any improvement, building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained, or any use of any building or land which is conducted, operated or maintained contrary

CUP-24-0011

to the provisions of the Zoning Ordinance, or contrary to any detailed statement, plan, or condition of approval, approved in accordance with the provisions of the Zoning Ordinance shall be and the same is declared to be a violation of the Zoning Ordinance and is unlawful and a public nuisance.

10.9 Termination of approval if either: (1) development has not been diligently commenced and actively pursued to completion thereafter within a two (2) year period from the date of approval (i.e. February 26, 2027); or, (2) if the use approved hereunder is discontinued for a period of one hundred and eighty days or longer; or, (3) non- compliance with any provision of the Upland Municipal (UMC) not specifically waived in compliance with City procedures.

20.0 Planning Division Conditions

20.1 The business shall comply with all of the conditions of approval that authorizes its operation.

20.2 Any changes to the use or expansion of the business shall be subject to the review and approval of the Development Services Director.

20.3 If any community issues arise, such as noise, odors, parking, crime, etc., the owner/applicant shall be responsible for immediate implementation of measures to address the issues, including additional restrictions on the intensity of the use, to the satisfaction of the Development Services Director and/or Police Chief.

20.4 The owner/applicant shall maintain the property free of outdoor storage, display, or staging. The owner/applicant shall be responsible for maintaining the premises in a clean and orderly condition, without outdoor storage of materials or clutter of any type, and free of graffiti and litter, and shall be responsible for its removal within 24 hours of its appearance.

20.5 The school shall be limited to a total student body of 550 students.

20.6 School staff shall regularly police the area to prevent loitering.

20.7 Hours of operation for the school are from 7:00 A.M. to 6:00 P.M., Monday through Friday. Student hours are from 8:00 A.M. to 3:00 P.M.

Monday through Friday. Afterschool programs and related school activities operate till 6:00 P.M.

20.8 Playground hours of operation shall be limited to 8:00 am to 6:00 pm.

CUP-24-0011

20.9 On-site pick-up and drop-off shall be appropriately signed, marked, and staffed to ensure drivers are aware of expected circulation patterns.

20.10 If traffic or circulation issues occur as a result of this use the operator is required to make any modifications to operation of the school, up to and including suspending the use, necessary to resolve the issues, to the satisfaction of the Development Services Director.

30.0 Building and Safety Conditions

30.1 A Certified Access Specialist (CASp) inspection of the interior and exterior site areas is required prior to final inspection to ensure compliance with ADA accessibility standards.

40.0 Police Department

40.1 The approved conditions shall be retained on the premises at all times and produced immediately upon request of the Upland Police Department, and Planning Division.

40.2 A 6-month review/inspection shall be conducted to ensure permittee's compliance with all operating conditions.

40.3 The applicant, business owner/licensee, employees, independent contractor, and/or any other persons associated with this project shall strictly adhere to the California Department of Public Health and CDC guidelines for COVID-19. It is essential that all possible steps be taken to ensure the safety of the public with prevention practices.

40.4 Graffiti abatement by the business owner/licensee shall be immediate and ongoing on the licensed premises, but in no event shall graffiti be allowed unabated on the premises for more than 48 hours. Abatement shall take the form of removal or shall be covered/painted over with a color reasonably matching the color of the existing building, structure, or other surface being abated. Additionally, the business owner/licensee shall notify the City within 24 hours of any graffiti elsewhere on the property not under the business owner/licensee's control so that it may be abated by the property owner.

40.5 The rear perimeter of the business site shall be encased in a wrought iron or tubular steel fence. The fence shall have signs posted at 10-yard intervals stating "No Trespassing or Loitering on the Property, Violators will be cited or arrested." With the telephone number to the Upland Police Department (909) 946-7624 printed on the signs. The size, format, placement and languages of the sign or signs shall be determined by the Police Department. Generally, the signs should be 24

CUP-24-0011

inches in Length and 14 inches in width with the print of sufficient size to make them clearly readable.

40.6 Emergency contact information shall be readily accessible to law enforcement personnel in case of any emergency pertaining to the students attending the facility.

40.7 Double-entry swinging doors shall include an astragal device mounted on the interior of the non-operative (stationary) door which will deter prying from the exterior of the doors when a prying device is inserted between both doors when they are in a closed locked position.

40.8 Hinges for outwardly swinging shall be equipped with non-removable hinge pins or a mechanical interlock system to prevent removal of the door from the exterior by removal of the hinge pins.

40.9 All hatchways shall be secured from the interior of the building with a sliding bot or bar mechanism.

40.10 Hinges on hatchway covers that are exposed to the exterior shall be equipped with non-removable hinge pins.

40.11 Address numbering/lettering must be affixed in a conspicuous location, free from plant obstruction, and readily visible to emergency services personnel.

40.12 The business shall be required to provide adequate staff as crossing guards, during pick-up and drop-off ties, in any areas within their control where there is a potential for vehicles and students to come into conflict.

40.13 All doors shall be alarmed so as to notify staff when someone is entering or leaving through any point other than the main entrance.

40.14 All visitors shall enter/ exit through one single main entrance. Prior to entering the main school facility, visitors shall be identified and "buzzed" in upon clearance of their legitimate business at the facility.

40.15 The business shall have an emergency plan in place to deal with natural an manmade disasters (hostage and active shooter events) to the satisfaction of the Chief of Police or his/her designee.

40.16 Prior to the issuance of a Certificate of Occupancy, the Police Department shall perform a final inspection to ensure the implementation of all conditions of a of approval, subject to approval of the Chief of Police.

40.17 Units with front and rear drive access shall affix or paint address numbering/lettering in a conspicuous location, free from plant

CUP-24-0011

obstruction, and readily visible to emergency services personnel on both front and rear accesses.

40.18 Lighting shall be required in all areas of public access.

40.19 All exterior lighting shall be oriented inward onto the project so as not to interfere with adjacent residential areas or vehicular traffic on adjacent public streets.

40.20 Signs prohibiting loitering shall be installed to the satisfaction of the Chief of Police. They shall be mounted between six and ten feet above ground. The following must be printed on the sign in letters at least two inches tall: "PC647(h)" and "NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES." The signs shall be posted on the front, rear, and sides of the building, and shall be clearly visible to patrons of the licensee.

40.21 It is required to have surveillance video/visual media that shall be maintained for a minimum of sixty (60) days and upon request, shall be accessible to law enforcement personnel for viewing, copying and collection purposes during regular business hours. The system shall be able to make license plates discernable. The video system shall cover all ingress and egress points of the businesses parking lots, the building itself, and the rear perimeter of the building.

40.22 Provide UPD with contact information of person responsible for maintaining video equipment/system and who has access to retrieve and copy surveillance video. The surveillance video/visual media system shall be remotely accessible to the Upland Police Department.

40.23 All landscaping must adhere to the 2'6" rule (all ground cover landscaping must be maintained no higher than 2' form ground level and all lower tree canopy must be maintained no lower than 6' in height from the ground level).

40.24 All landscaped areas shall be maintained in healthy and thriving condition, free from weeds, trash and debris at all times.

40.25 Any vehicles not parked legally may be cited and/or towed if it is in violation of the California Vehicle Code and/or Upland Municipal Code.

40.26 The management and employees of the premise shall be required to prevent loitering in the parking lot of the site. The management and employees of the licensed premise shall regularly police the area under its control to prevent loitering of persons about the premises.

40.27 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control free of litter.

CUP-24-0011

40.28 Applicant shall comply with 6404.5(b) of the Labor Code, which prohibits smoking within any place of employment.

40.29 The Developer, builder, contractors, sub-contractors, and any other persons associated with this project shall adhere to the Upland Municipal Code (UMC) dealing with unnecessary noises under section 9.40.100.

Furthermore, prior to the beginning of construction and/or remodeling, a sign shall be posted at the entrance of the property educating everyone entering as to the authorized construction times and failure to comply with such requirements will result in an immediate citation for violating the aforementioned UMC section.

40.30 Prior to occupancy, the Police Department will conduct an on-site inspection of the property, checking proper lighting has been installed throughout the property, proper locks on exterior doors and doors leading to the interior are in place and functioning properly. In addition, the Police Department will check that proper addressing/lettering has been installed.

40.31 All exterior doors shall be equipped with a lighting device capable of providing a minimum of two foot-candle of light at ground level.

40.32 All exterior lighting lower than 12 feet from the ground level shall be enclosed in vandal-resistant covers.

40.33 Loitering is prohibited on or around these premises or the area under the control of the applicant.

40.34 Noise emanating from the property shall be within the limitations prescribed by the City's noise ordinance and shall not create a nuisance to surrounding residential neighborhoods and/or commercial establishments.

40.35 If any community issues arise, such as noise, odors, parking, crime, etc., the owner/operator shall be responsible for immediate implementation of measures to address the issues, including additional restrictions on the intensity of the use, to the satisfaction of the Development Services Director and/or the Police Chief.

40.36 If the applicant, business owner/licensee, employees, independent contractors, or anyone associated with the business that engages in illicit criminal activity on the premises, or violates any conditions of approval, the City may commence revocation proceedings consistent with the provision of Upland Municipal Code (UMC 17.45.100).

CUP-24-0011

40.37 Adhere to all local, state, and federal laws. Violation of any local, state, or federal laws will result in revocation of this permit and/or criminal prosecution.

50.0 Review/Compliance

50.1 The Planning Commission may review the use 90 days, 180 days, and on an annual basis following the date of final inspection, or as needed at the discretion of the Development Services Director, to determine whether the applicant and operators are operating the use in a manner that is compatible with the community. The Planning Commission may establish additional conditions of approval that are necessary to eliminate any issues that arise from the operation of the use that adversely impact the public health, welfare, and safety, or may direct staff to initiate revocation proceedings. The conditional use permit may be revoked if the permittee, his agents or assigns, or employee(s) of the establishment, or any other person connected or associated with the permittee or his business establishment, or any person who is exercising managerial authority of the business establishment has:
a. Violated any rule, regulation, or condition of approval adopted by the Planning Commission relating to the conditional use permit or contained in the Upland Municipal Code, or state or federal regulations. Violation of any provision of the Upland Municipal Code (UMC) or the conditions of approval set forth in this resolution, shall be deemed to constitute an infraction of the Upland Municipal Code, and shall be subject to the applicable fines and penalties, including the possibility of revocation of this permit.
b. Conducted the operation permitted hereunder in a manner contrary to the peace, health, safety, and general welfare of the public, or in a manner which either generates or contributes to noise and/or health/sanitation nuisances, or which results in undesirable activities that negatively affects adjacent properties or creates an increased demand for public services.

50.2 The owner/applicant shall return before the Planning Commission at a public hearing to review Conditional Use Permit No. CUP-24-0011 one (1) year after this approval to evaluate efficiency of operations and pick-up and drop-off procedures to determine whether modifications to the conditions of approval are necessary.

Section 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The project is Categorically Exempt from environmental proceedings pursuant to Article 19, Section 15301, Existing Facilities, since the project consists of a negligible expansion of use within an existing structure.

CUP-24-0011

Section 5. APPEAL. Pursuant to Upland Municipal Code Section 17.47.040, the decision of the Planning Commission may be appealed to the City Council provided that written notice of the appeal is filed with the City Clerk within ten (10) days following the date the decision was rendered, unless a longer appeal period is specified as part of the project approval. Failure to file a timely appeal shall constitute a waiver of the right of appeal, and the decision of the Planning Commission shall be final.

Section b. SEVERABILITY. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Planning Commission hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 7. CERTIFICATION. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this Resolution, and shall cause this Resolution and his certification to be entered in the Book of Resolutions of the Planning Commission of the City.

Section 8. EFFECTIVE DATE. This Resolution shall become effective ten (10) days after its passage and adoption unless appealed prior to that time.

Robin Aspinall, CHAIR

CUP-24-0011

ATTEST:

Robert D. Dalquest, SECRETARY
I HEREBY CERTIFY that the foregoing Resolution was duly and regularly passed and adopted by the Planning Commission of the City of Upland at a regular adjourned meeting thereof held on the 26th day of February, 2025, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Robert D. Dalquest, SECRETARY

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C31

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Upland will hold a public hearing on Wednesday, February 26, 2025 at 6:30 p.m., or as soon thereafter as the case may be heard, in the Council Chambers of the Upland City Hall, 460 North Euclid Avenue, Upland, CA 91786, to consider a request for:

PROJECT DESCRIPTION: Conditional Use Permit No. 24-0011 — A request to establish a charter school serving grades ranging from Transitional Kindergarten (TK) to 8th Grade, known as "Scholarship Prep.", within two existing institutional buildings totaling 36,150 square feet of building area and 18,094 square feet play area within the Office Professional (OP) general plan designation and Office Professional (OP) zone located at 20 and 30 W. 7th street (APN: 1047- 262-26).

APPLICANT: Jason Watts, 770 The City Drive South, Suite 4200, Orange, CA 92868 ENVIRONMENTAL ASSESSMENT: This project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15301, Existing Facilities, Class 1 (a), of the CEQA Guidelines, since the proposed project consisting of a negligible change in use within an existing structure.

Notice and conduct of public hearing will be in accordance with all pertinent provisions of Chapter

2.7 (Planning and Zoning) of Division 1 of Title 7 of the Government Code of the State of California and Upland Municipal Code Title 17 (Zoning Ordinance). All plans, environmental information, and other data pertinent to the proposed project are filed in the City of Upland's Development Services Department or on the City's website at http://uplandca.gov and will be available for inspection prior to the public hearing. All interested persons are invited to attend this public hearing and express their opinions for or against the proposal.

If you challenge this project, or the related environmental determinations in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Upland, at or prior to, the public hearing. If you have any questions, please contact Andrew R. Arellano, Assistant Planner, at [email protected] or by phone at (909) 931-4398.

It is the intention of the City of Upland to comply with the Americans with Disabilities Act (ADA).

If you require special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the City Clerk's Office at (909) 931-4120 at least 48 hours prior to the meeting to inform us of your particular needs.

Robert D. Dalquest, Secretary
Upland Planning Commission
Published: February 14, 2025

CUP-17-12
RESOLUTION NO. 4871

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UPLAND APPROVING CONDITIONAL USE PERMIT NO. 17-12 TO ESTABLISH A K-12

GRADE PRIVATE SCHOOL FOR SPECIAL NEEDS STUDENTS WITHIN TWO EXISTING COMMERCIAL BUILDINGS TOTALING 36,150 SQUARE FEET OF

BUILDING AREA WITHIN THE OFFICE PROFESSIONAL (OP) GENERAL PLAN DESIGNATION AND OFFICE PROFESSIONAL (OP) ZONE LOCATED AT 20 AND 30 W. 7TH STREET (APN: 1047-262-26).

THE PLANNING COMMISSION OF THE CITY OF UPLAND DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS:

SECTION 1. RECITALS.

A. Lois Smith of Stone Ridge Academy ("applicant") filed an application with the City of Upland for Conditional Use Permit (CUP-17-12) to allow for the establishment of Kindergarten-12, including Pre-Kindergarten, grade private school for special needs students within two existing commercial buildings totaling 36,150 square feet of building space located at 20 and 30 W. 7th Street (APN: 1047-262-26).

B. The proposed use is located within the Office Professional (OP) General Plan Designation and Office Professional (OP) zone.

C. The Office Professional (OP) zone requires the approval of a Conditional Use Permit for the Operation of a Private Educational Institution.

D. The approval of a Conditional Use Permit is required pursuant to the Upland Municipal Code for uses and associated operational characteristics that may be appropriate in the applicable zoning district, but whose effects on a site and surroundings land uses cannot be determined before being proposed for a specific site.

E. Upland Municipal Code Section 17.44.040(F) provides that the Planning Commission, may approve an application for a Conditional Use Permit, only if the proposed project complies with applicable standards in the Zoning Ordinance, other City ordinances, the General Plan, and any other applicable community or specific plans, and as supported by all of the findings found in Section 2 of this Resolution.

F. Upland Municipal Code Section 17.44.040(G) provides that the review authority may attach conditions to the approval of a Conditional Use Permit as needed to ensure compliance with the Zoning Ordinance, other City Ordinances, the General Plan, and any other applicable community or specific plan.

RESOLUTION NO. (continued) CUP-17-12
G. On December 13, 2017 at 6:30 p.m., the Planning Commission conducted a public hearing for Conditional Use Permit (CUP-17-12), after providing notice to the public in the manner and for the time required by law, and heard and considered both oral and written evidence.

SECTION 2. FINDINGS. The Planning Commission hereby makes the following findings and determinations in connection with the approval of the Project:

A. Recitals A through G of Section 1, above, are true and correct.

B. The California Environmental Quality Act (CEQA) includes a list of project classes, known as Categorical Exemptions, which are not anticipated to have a significant effect on the environment and are, therefore, exempt from the provisions of CEQA. This project is Categorically Exempt from environmental proceedings pursuant to Article 19, Section 15301, Existing Facilities, Class 1 (a), of the California Environmental Quality Act, since the proposed project consists of minor interior and exterior alterations to an existing site and structure.

C. The project has a General Plan land use designation of Office Professional (OP) and Zoning District of Office Professional (OP). The proposed private school shows consideration for Goal PFS-4 "A community with educational services and facilities that meet the demands of existing and proposed development.

As the school will provide educational services to special needs students within Upland and general area.

D. Upland Municipal Code Section 17.44.040 (F) provides that the Planning Commission must make the following finding before it may approve a Conditional Use Permit.

1. Finding - The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property.

Fact For Finding - The location of the school is consistent with schools in Upland, the size of the school is conditioned to not exceed 200 students and the design of the structures will remain as is. The operating characteristics, as conditioned, will not interfere with adjacent uses. Therefore the school will be compatible with the existing and future land uses in the vicinity of the subject property.

2. Finding - The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g. fire and medical) access and public services and utilities; and
Fact For Finding - The site, as conditioned, will be physically suitable for the use in terms of student numbers, parking, and pick up and drop off

RESOLUTION NO. (continued) CUP-17-12
congestion. The existing building will receive an interior tenant improvement in order to meet the needs of the operation of the school.

The existing site provides adequate access for emergency and public service vehicles.

3. Finding - The proposed use will not be detrimental to the public health, safety, and welfare of the persons residing or working in the neighborhood of the proposed use.

Fact For Finding - The proposed use will not be detrimental to the public health, safety, and welfare of the persons residing or working in the neighborhood of the proposed use because the use includes conditions limiting the operation of the use and conditions that protect against potential impacts. Additionally, the new school is consistent with the goal PFS-4 of the General Plan as it will provide educational services that meet the demands of existing and new development, specifically providing educational access to special needs students.

SECTION 3. DETERMINATION. In light of the evidence presented at the hearing on this application, and based on the findings set forth above, the Planning Commission hereby finds that the requirements necessary for the approval of a conditional use permit are present, and as such, approved Conditional Use Permit 17- 12 subject to all applicable provisions of the Upland Municipal Code and the following conditions of approval:

10.0 Development Services - General

10.1 The use approved by this permit includes a private school offering educational services to students from K to 12th grade, including Pre-K, who are diagnosed with Learning Disabilities, Autism & Intellectual Disabilities, Cognitive & Development Delays, and Other Health Impaired Disabilities that inhibit academic performance.

10.2 The applicant and recorded property owner of the property shall submit to the Development Services Department written evidence of agreement with all conditions of this approval before the approval becomes effective.

10.3 Current and future property owners, business managers, operators, etc. shall be responsible for ensuring and complying with all conditions of approval contained herein.

10.4 The applicant and property owners shall agree, at their sole cost and expense, to defend, indemnify, and hold harmless, the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third-party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, Planning Commission, or other decision-making body, including staff, concerning this project. In

RESOLUTION NO. (continued) CUP-17-12
addition, the applicant and property owner shall agree to reimburse the City for all costs incurred to enforce the City's Municipal Code and the conditions of approval imposed by this Conditional Use Permit, including any attorney and court costs.

10.5 The use shall operate in accordance with approved plans and specifications on file with the City of Upland Development Services Department and shall be in compliance with all conditions of approval of Conditional Use Permit No. CUP-17-12 as adopted by the Planning Commission on December 13, 2017 (plans stamped "Approved December 13, 2017"). In the event conditions of approval by the Planning Commission, or City Council (as the case may be) require the revision of plans as submitted, the applicant shall submit four (4) copies of the approved plan (revised to incorporate conditions of approval) to the Development Services Department for record purposes prior to plan check submittal.

10.6 Prior to the start of operations (i.e., opening of the school), there shall be implementation of the applicable conditions of approval as required by the City of Upland, to the satisfaction of the Development Services Director, Public Works Director, Fire Chief, and Police Chief. No final inspection or clearances shall be given until all conditions are met. Each condition of approval is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable.

10.7 The applicant or owner shall pay all applicable cost recovery fees to the Development Services Department and City of Upland development fees prior to issuance of any permits.

10.8 No expansion of use beyond the scope and nature described in the application, which would tend to increase the projected scale of operations, shall be permitted, except upon application for, and approval of, modification of this permit in compliance with all procedures and requirements therefore.

10.9 The property owner and operators shall be responsible for maintaining all landscaped areas in a healthy and thriving condition, free from weeds, trash, and debris at all times.

10.10 Termination of approval if either: (1) development has not been diligently commenced and actively pursued to completion thereafter within one (1) year period from the date of approval (i.e. December 13, 2018); or, (2) if the use approved hereunder is discontinued for a period of one hundred and eighty days or longer; or, (3) non-compliance with any provision of the Upland Municipal (UMC) not specifically waived in compliance with City procedures.

RESOLUTION NO. (continued) CUP-17-12

20.0 Development Services - Use Restrictions

20.1 The school shall be limited to a total student body of 200 students.

20.2 School staff shall regularly police the area to prevent loitering.

20.3 Hours of operation for the school are from 7:15 am to 4:15 pm, Monday through Friday. Stone Ridge Academy student hours are from 7:50 am to 2:40 pm Monday through Friday.

20.4 Playground hours of operation shall be limited to 9:00 am to 2:30 pm.

20.5 If traffic or circulation issues occur as a result of this use the operator is required to make any modifications to operation of the school, up to and including suspending the use, necessary to resolve the issues, to the satisfaction of the Development Services Director.

20.6 The business shall comply with all of the conditions of approval that authorizes its operation.

30.0 Development Services - Plan Check Requirements

30.1 The applicant shall construct a wrought iron or tubular steel fence with gate access within the breezeway between Building A (Animal Hospital) and Building B (School) to prevent transient access to the site.

30.2 The applicant shall submit landscape and irrigation plans for the play area and planters within the parking lot showing the landscape planters being enhanced and repaired to the satisfaction of the Development Services Director.

30.3 The play area shall be enclosed by a 6 foot wrought iron or tubular steel fence. Chain link is strictly prohibited.

30.4 The drop off area shall be striped as a loading and unloading zone, and the curb at the North and South side of the loading/unloading zone shall be extended to create a 45° angle in order to delineate the loading/unloading zone.

40.0 Police Department

40.1 Graffiti abatement by the business owner/licensee shall be immediate and ongoing on the licensed premises, but in no event shall graffiti be allowed unabated on the premises for more than 24 hours. Abatement shall take the form of removal or shall be covered/painted over with a color reasonably matching the color of the existing building, structure, or other surface being abated. Additionally, the business owner/licensee

RESOLUTION NO. (continued) CUP-17-12
shall notify the City within 24 hours of any graffiti elsewhere on the property not under the business owner/license's control so that it may be abated by the property owner.

40.2 The management and employees of the premise shall be required to prevent loitering in the parking lot of the site. The management and employees of the licensed premise shall regularly police the area under its control to prevent the loitering of persons about the premises.

40.3 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control free of litter or any other bulk property.

40.4 A quality digital video surveillance system is required at the premise.

The system shall be able to make license plates discernable. The video surveillance system shall cover all ingress and egress points to the businesses parking lots, the building itself, and the rear perimeter (along the 1-10 on-ramp) of the building. It is recommended the surveillance video/visual media shall be maintained for a minimum of sixty (60) days and upon request, shall be accessible to law enforcement personnel for viewing, copying and collection purposes during regular business hours.

40.5 The rear perimeter of the business site shall be encased in a wrought iron or tubular steel fence. The fence shall have signs posted at 10 yard intervals stating "No Trespassing or Loitering on the Property, Violators will be cited or arrested." With the telephone number to the Upland Police Department (909) 946-7624 printed on the signs. The size, format, placement, and languages of the sign or signs shall be determined by the Police Department. Generally, the signs should be 24 inches in length and 14 inches in width with the print of sufficient size to make them clearly readable.

40.6 A 6-month review/inspection shall be conducted to ensure permittee's compliance with all operating conditions.

40.7 All exterior doors and the entire perimeter of the business shall be equipped with a lighting device(s) capable of providing a minimum of two foot-candle of light at ground level.

40.8 Public parking areas and access thereto shall be provided with a maintained minimum of two foot-candle power of light on the parking surface, from dusk to dawn, or as modified by the Chief of Police, based on documented proof that meeting the two foot-candle power standard is impractical. Lighting shall be provided through the use of photo cells; use of low pressure sodium fixtures and bulbs is prohibited.

RESOLUTION NO. (continued) CUP-17-12

40.9 Emergency contact information shall be readily accessible to law enforcement personnel in case of any emergency pertaining to the students attending the facility.

40.10 Landscaping is to be maintained so as not to allow areas of concealment, throughout the entire property, to the satisfaction of the Chief of Police.

40.11 Within a year of being in operation, the business or property owner shall replace or augment any shrubbery in the rear of the business with rock ground cover to the satisfaction of the Chief of Police.

40.12 All exterior lighting shall be oriented inward onto the project so as not to interfere with adjacent residential areas or vehicular traffic on adjacent public streets.

40.13 Double-entry swinging doors shall include an astragal device mounted on the interior of the non-operative (stationary) door which will deter prying from the exterior of the doors when a prying device is inserted between both doors when they are in a closed and locked position.

40.14 Hinges for outwardly swinging doors shall be equipped with non- removable hinge pins or a mechanical interlock system to prevent removal of the door from the exterior by removal of the hinge pins.

40.15 All hatchways shall be secured from the interior of the building with a sliding bot or bar mechanism.

40.16 If the hatchway cover is of a wooden material, it shall be reinforces with at least 16-guage U.S. sheet steel, or its equivalent, on the interior face of the cover and shall be attached with screws no more than six inches apart around the entire perimeter of the interior face of the cover.

40.17 Hinges on hatchway covers that are exposed to the exterior shall be equipped with non-removable hinge pins.

40.18 Address numbering/lettering must be affixed in a conspicuous location, free from plant obstruction, and readily visible to emergency services personnel.

40.19 Each building that has a flat roof shall be required to have the address numbering painted on the roof, as close to the center of the roof as possible, and at least 15 feet (or as far as possible if less than 15 feet) from an roof mounted equipment or exhaust stacks, to assist helicopter patrols in quick location of the building. Numbering must be at least 12 inches wide, 48 inches tall, and be painted in contrast to the background on which it is affixed.

RESOLUTION NO. (continued) CUP-17-12

40.20 The business shall be required to provide adequate staff as crossing guards, during pick-up and drop-off times, in any areas within their control where there is a potential for vehicles and students to come into conflict.

40.21 All doors shall be alarmed so as to notify staff when someone is entering or leaving through any point other than the main entrance.

40.22 All visitors shall enter/exit through one single main entrance. Prior to entering the main school facility, visitors shall be identified and "buzzed" in upon clearance of their legitimate business at the facility.

40.23 The business shall have an emergency plan in place to deal with natural and manmade disasters (hostage and active shooter events) to the satisfaction of the Chief of Police or his/her designee.

40.24 Prior to the issuance of a Certificate of Occupancy, the Police Department shall perform a final inspection to ensure the implementation of all conditions of approval, subject to approval of the Chief of Police.

50.0 San Bernardino County Fire

50.1 The applicant/shall submit plans to San Bernardino County Fire Protection District for plan check. Plans shall include the following:
a) All buildings to have automatic fire sprinklers and fire alarms, per SBCo Fire Code.
b) Provide two points of FD access.
c) Indicate all fire lanes.
d) Indicate locations of all fire hydrants, PIV, FDC.

60.0 Building and Safety

60.1 The applicant shall submit 5 sets of plans to the Building Division for plan check showing compliance with the 2016 California Building Code.

60.2 The door exiting Building "C" to the play area shall be made fully accessible and include an accessible ramp.

60.3 Building B and Building C shall be connected on the first floor with a rated corridor.

60.4 A 20 foot wide accessible pathway shall be provided to Euclid Avenue.

70.0 Review/Compliance

RESOLUTION NO. (continued) CUP-17-12

70.1 The Planning Commission may review the use 90 days, 180 days, and on an annual basis following the date of final inspection, or as needed at the discretion of the Development Services Director, to determine whether the applicant and operators are operating the use in a manner that is compatible with the community. The Planning Commission may establish additional conditions of approval that are necessary to eliminate any issues that arise from the operation of the use that adversely impact the public health, welfare, and safety, or may direct staff to initiate revocation proceedings. The conditional use permit may be revoked if the permittee, his agents or assigns, or employee(s) of the establishment, or any other person connected or associated with the permittee or his business establishment, or any person who is exercising managerial authority of the business establishment has:

A. Violated any rule, regulation, or condition of approval adopted by the Planning Commission relating to the conditional use permit or contained in the Upland Municipal Code, or state or federal regulations. Violation of any provision of the Upland Municipal Code (UMC) or the conditions of approval set forth in this resolution, shall be deemed to constitute an infraction of the Upland Municipal Code, and shall be subject to the applicable fines and penalties, including the possibility of revocation of this permit.

B. Conducted the operation permitted hereunder in a manner contrary to the peace, health, safety, and general welfare of the public, or in a manner which either generates or contributes to noise and/or health/sanitation nuisances, or which results in undesirable activities that negatively affects adjacent properties or creates an increased demand for public services.

SECTION 4. APPEAL. Pursuant to Upland Municipal Code Section 17.47.040, the decision of the Planning Commission may be appealed to the City Council provided that written notice of the appeal is filed with the City Clerk within ten (10) days following the date the decision was rendered, unless a longer appeal period is specified as part of the project approval. Failure to file a timely appeal shall constitute a waiver of the right of appeal, and the decision of the Planning Commission shall be final.

SECTION 5. INCONSISTENCY. If any section, division, sentence, clause, phrase or portion of this resolution or the document in the record in support of this resolution is determined by a court of competent jurisdiction to be invalid, unenforceable, unconstitutional or otherwise void, that determination shall not affect the validity of the remaining sections, divisions, sentences, clauses, phrases of this resolution.

RESOLUTION NO. (continued) CUP-17-12
SECTION 6. CERTIFICATION. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this Resolution, and shall cause this Resolution and his certification to be entered in the Book of Resolutions of the Planning Commi. on of-the City.
, CH R

RESOLUTION NO. (continued) CUP-17-12
ATTEST:

Jeff Z a SECRETARY
I HEREBY CERTIFY that the foregoing Resolution was duly and regularly passed and adopted by the Planning Commission of the City of Upland at a regular adjourned meeting thereof held on the 13th day of December, 2017, by the following vote:

AYES: Anderson, Aspinall, King, Schwary, Walker
NAYS: None
ABSENT: Velto, Verrinder
ABSTAIN: None
ff ack, SECRETARY

SAN BERNARDINO COUNTY OFFICE OF EDUCATION

SCHOLARSHIP PREP CHARTER SCHOOL

COUNTYWIDE BENEFIT ESTABLISHMENT CHARTER PETITION

STAFF REPORT & FINDINGS
April 8, 2024
(Posted March 24, 2024)
I. EXECUTIVE SUMMARY
On December 11, 2023, the San Bernardino County Board of Education ("SBCBOE") received a charter petition ("Petition") proposing to establish Scholarship Prep-San Bernardino Charter School ("Charter School" or "Scholarship Prep") as a countywide charter school under the authorization of the SBCBOE pursuant to Education Code section 47605.6. The Petition proposes to operate a TK-12 seat-based program for an initial five-year term, from July 1, 2024 to June 30, 2029.

SBCBOE is required to take action to either grant or deny the Petition within ninety (90) days of receipt of the petition, unless this date is extended by up to an additional 30 days by agreement. (Ed. Code, § 47605.6(b).) As agreed between CSO and Charter School, the SBCBOE is scheduled to take action at its regularly scheduled April 8, 2024 meeting. This report was posted on March 24, 2024, in compliance with EC section 47605.6(b).

II. BACKGROUND
The proposed Charter School would be operated by Scholarship Prep, a California nonprofit public benefit corporation, which since 2016 has received authorization to operate four charter schools in Southern California as described in the table below:

Initial
Operating Charter Grades Charter Authorizing Charter School Year Expiration Served Type Authority Scholarship Prep-
Orange County 2016 2028 TK-12* Countywide Orange ("SPOC") County BOE
Scholarship Prep- District- San Diego
Oceanside (��SPOS") 2017 2025 TK-8 Approved County BOE on Appeal
Scholarship Prep-South Los Angeles
Bay ("SPSB") 2019 2027 TK-8 District USD Scholarship Prep-
Riverside County 2025** 2028 TK-12 Countywide Riverside ("SPRC") County BOE
(*) SPOC was initially authorized to serve grades TK-8 and later received authorization to expand to include grades 9-12. SPOC does not currently offer grades 9-12 and is actively working to secure facility suitable to house secondary grades.
(**) Pending. SPRC was initially approved for a five-year term beginning July 1, 2023. Opening has been delayed due to issues securing a facility.

Scholarship Prep seeks to establish a countywide TK-12 charter school entitled "Scholarship Prep-San Bernardino" under the authorization of the SBCBOE. The Petition states that the Staff Report —Scholarship Prep-San Bernardino Charter School

DWK 4194678v1 Page 166 of 265

targeted population is at-risk students in transitional kindergarten through twelfth grade, and especially homeless and foster youth. Scholarship Prep is open to any student and will actively target academically underserved students in the area. Scholarship Prep's instructional model is designed to serve all students effectively through a rigorous and interactive curriculum, incorporating family education, and dedicated, individualized teacher support in a site-based matriculation setting." Countywide charter petitions are governed by Education Code section 47605.6.

In accordance with EC section 47605.6(b), SBCBOE held a public hearing on January 8, 2024, on the provisions of the Petition and the level of support for the proposed Charter School by teachers, parents/guardians, and the school districts where the charter school petitioner proposes to place facilities. Each school district that received the required 30-day notifications from the Petitioner was invited to provide their input during the meeting; however, none of the impacted districts elected to formally address the SBCBOE.

III. STANDARD OF REVIEW FOR COUNTYWIDE CHARTER PETITION Charter schools may be initially authorized by a county board of education (Ed. Code, § 47605.6) in limited circumstances; however, such petitions must be denied unless there is a reason the charter school could not operate at the school district level - as case law holds, authorization of a countywide charter under Education Code section 47605.6 is the exception, not the rule. (California School Boards Assoc. v. State Bd. of Educ. (2010) 186 Cal.App.4th 1298, 1319 ["CSBA v. SBE"].) Specifically, a county board of education may only approve a charter petition for a countywide charter school if it finds, among other things, that the services to be provided could not be provided as well by the charter school if authorized by a local school district and there is a reasonable justification for why the charter school could not be established by petition to a school district.

When the Charter Schools Act was amended in 2002 to allow for countywide benefit charters, the Legislature made clear that such charters were to be the exception and only approved upon specific findings essentially reflecting that the charter could not be operated as a charter school approved under section 47605. Specifically, the intent of this bill was to "help clarify a district's sovereignty over public education provided within its boundaries and...enhance oversight of charter schools." (CSBA v. SBE, supra, 186 Cal.App.4th at 1308.) While the 2002 amendments allowed for countywide charter schools, "the statutory scheme reflects an intent to promote district chartered schools and local oversight while allowing for limited exceptions." (CSBA v. SBE, supra, 186 Cal.App.4th at 1320.)1
Section 47605.6 is one such exception, permitting the establishment of a countywide charter school "only if the county board of education finds, in addition to the other requirements of this section, that the educational services to be provided by the charter school will offer services to a pupil population that will benefit from those services and that cannot be served as well by a charter school that operates in only one school district in the county." (Ed. Code, § 47605.6, subd. (a)(1).) The statute makes it incumbent upon the charter petitioner to affirmatively show "reasonable justification for why it could not be established by petition to a school district pursuant to Section 47605." (Ed. Code, § 47605.6, subd. (b).) In addition, legislative history of the countywide approval standard in section 47605.6, states that the "burden of proof [is] on the charter petitioner to show why the charter would not be more 1 Statewide benefit charter schools were discussed in the CSBA v. SBE case but have since been abolished by the Legislature by the passage of AB 1505.

Staff Report —Scholarship Prep-San Bernardino Charter School

DWK 4194678v1 Page 167 of 265

appropriately submitted to a school district." (Assembly Bill No. 1610 (2005-2006 Reg.

Session) June 29, 2005.)
As a result, the legal standards and criteria for a countywide charter petition are more stringent than the standards and criteria for charter petitions that come before a county board on appeal following denial of a local school district. The charter petitioner has the burden of establishing the criteria has been met. If not met, a county board shall not approve the charter petition. (Ed. Code, § 47605.6(a).)
In order to approve a countywide charter petition, a county board must be able to make certain threshold findings unique to countywide charters in addition to determining whether the petition satisfies the legal standards and criteria under Education Code section 47605.6(b)(1)-(5). Specifically, Section 47605.6(a)(1) states:

A county board of education may approve a countywide charter only if it finds, in addition to the other requirements of this section, that the educational services to be provided by the charter school will offer services to a pupil population that will benefit from those services and that cannot be served as well by a charter school that operates in only one school district in the county. (Ed. Code, § 47605.6(a)(1)) (emphasis added)
Additionally, Education Code section 47605.6(b) states:

A county board may grant a charter for the operation of a charter school under this part only if it is satisfied that granting the charter is consistent with sound educational practice and that the charter school has reasonable justification for why it could not be established by a petition to a school district pursuant to Education Code section 47605.

Should the charter school petition meet the threshold requirement for a countywide charter school, the SBCBOE must then determine whether the petition satisfies the legal standards and criteria under Education Code section 47605.6(b)(1)-(7). The SBCBOE shall deny a petition for the establishment of a charter school if it finds one or more of the following:
(1) The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.
(2) The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.
(3) The petition does not contain the number of signatures required by subdivision (a). (4) The petition does not contain an affirmation of each of the conditions described in subdivision (e).
(5) The petition does not contain reasonably comprehensive descriptions of all of the required elements under Education Code section 47605.6. (6) A declaration of whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school for purposes of the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code).

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(7) Any other basis that the county board of education finds justifies the denial of the petition.

Should the SBCBOE approve the petition, the SBCBOE would become the charter authorizer for the Charter School, and San Bernardino County Superintendent of Schools (SBCSS) staff will have oversight responsibility. Should the SBCBOE deny the petition, there is no right of appeal to the State Board of Education. (Ed. Code, § 47605.6(k).) However, the Petitioner would have the option to submit the charter petition to the school districts in which they propose to operate under EC section 47605.

IV. CHARTER PETITION REVIEW TEAM
The SBCSS Charter Petition Review Team and legal counsel ("Review Team") have reviewed the Petition and, unless otherwise stated, find the Petition to meet the criteria of Education Code section 47605.6(b)(1)-(7). Pursuant to Education Code § 47605.6(b), this report and any other staff recommendations shall be published on March 24, 2024, 15 days prior to the date the SBCBOE will take action to either grant or deny the Petition.

V. FINDINGS
A. COUNTYWIDE JUSTIFICATION
Charter Petitioner submits the following justification for a countywide benefit charter (stated in full on pp. 7-10):

Through the countywide status of Scholarship Prep, the Charter School will provide instructional and support services to students throughout the County experiencing homelessness or the foster youth system that the San Bernardino County Office of Education does not generally provide. The Charter School will offer comprehensive educational services that benefit this target pupil population and support students in a way that cannot be served as well by a charter school that operates in only one school district in the County. Further, a charter that operates in only one school district in the County could not serve the needs of Scholarship Prep students as well as the Charter School's countywide charter for the reasons listed below. (Scholarship Prep is intentional in identifying our students as experiencing homelessness or the foster youth system as opposed to homeless youth and foster youth. Homelessness, housing insecurity, inadequate housing, and foster care are experiences or momentary settings for these youth - they are not defining characteristics. Solely for the purposes of this petition and using Statewide identifiers, Scholarship Prep will refer to these students as homeless and foster youth.)
Scholarship Prep will offer services to homeless and foster youth that are not otherwise provided by the County, and that cannot be provided as well if authorized by a single district.

Scholarship Prep's instructional program has proven to uniquely benefit homeless and foster youth.

Scholarship Prep will be able to serve families from across the County.

One of the legislative intents in the Charter Schools Act is to "increase learning opportunities for all pupils, with special emphasis on expanded learning Staff Report —Scholarship Prep-San Bernardino Charter School

DWK 4194678v1 Page 169 of 265

experiences for pupils who are identified as academically low achieving." To this end, Scholarship Prep endeavors to educate homeless and foster youth throughout San Bernardino County. These student groups cannot be served as well by several charter schools located in several districts because Scholarship Prep is able to centralize and ensure high quality educational services to simultaneously serve all students residing in any school district in the County. A countywide charter will allow our transient youth population access to a consistent school environment so that they can maintain academic and social- emotional progress even when they move across district boundaries. We can better serve students as they move due to housing instability and foster placement changes by operating multiple locations under the countywide benefit.

Scholarship Prep is committed to providing the following unique and comprehensive supports to all homeless and foster youth at no cost that are not otherwise being provided by any other single school or district within the County:
• Enrollment preference;
• Access to on-campus Family Resource Center with food and hygiene items; • Laundry service;
• Individualized support with community resources;
• Short-term and permanent housing supports;
• Access to Parent and Family Education courses;
• Access to staff members and teachers who are all trained in trauma-informed practices;
• Dress code compliant clothes (at a minimum 4 shirts, 4 pants/shorts/skirts, 2 sweatshirts, 1 jacket, and 12 pairs of socks annually); • A personal Chromebook for use on- and off-campus for their entire Scholarship Prep enrollment; and
• Consistent internet access through a mobile hotspot for their entire Scholarship Prep enrollment.

Scholarship Prep will meet the goals of the California Legislature to provide opportunities for a high quality education to students experiencing homelessness.

In addition to what is stated in the Petition, during the initial public hearing, Petitioner Jason Watts explained to the SBCBOE:
"I wanted to explain why Scholarship Prep makes sense as a countywide charter.

As stated during presentation, Scholarship Prep endeavors to support underserved populations including students experiencing homelessness or are in the foster youth system throughout the entire county. As a countywide charter, Scholarship Prep would serve a cross section of the entire county and would not concentrate its enrollment in any one district, thus Scholarship Prep can recruit students from school districts neighboring the campuses, thereby increasing diversity and choice throughout the county. A charter school approved by a school district must give a preference for enrollment for students residing in that school district, while a countywide charter allows equal footing for admission to all students in the entire county. This allows students from many districts to benefit from the unique Scholarship Prep programs. This structure will particularly benefit the student populations we've been talking about today. Wherever they reside, often in short term arrangements, these students require access to a consistent school environment so that they can maintain academic and social emotional progress Staff Report —Scholarship Prep-San Bernardino Charter School

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even when they move across district boundaries due to housing instability, foster placement changes, etc. If one of these students move, which they tend to do, to another region within the county where we have a school site, even with the enrollment preference they would have to go through the full enrollment process including all required paperwork, they may have to go on a waiting list with other homeless and foster youth if no space is available. They may lose continuity of supports and services due to the time it takes to complete this [enrollment] process. As a student of a countywide charter; however, they are already a student of all sites under that charter and would have top priority of any seat available, that's because as a countywide charter we would be one contiguous school regardless of where we are located. The transfer process also involves securing appropriate records from previous schools, particularly when students have changed schools multiple times and a complete cumulative file is often unavailable. More importantly it requires appropriate placement, availability, and continuity in courses for students to continue their progress in meeting graduation requirements. Finally, Scholarship Prep's countywide purpose is aligned to the legislature's emphasis on better serving students experiencing homelessness, with a coordinated approach covering the entire county. Our countywide charter school program is already proven to be successful for all of these student groups that need a great deal of support and wrap around services and we want to bring this level of support to San Bernardino County and make sure that these students in this county have the same opportunity to succeed as their peers." It is noted that all public schools are governed by the McKinney-Vento Homeless Assistance Act ("McKinney-Vento Act"), 42 U.S.C. §§ 11431-11435, which is federal law establishing the educational rights of children and youth experiencing homelessness. This law generally supersedes conflicting state laws or local policies, and it applies to all public schools, including charter schools. The McKinney-Vento Act charges states with ensuring that homeless students do not face barriers to accessing schools. (42 U.S.C. § 11432(g)(1)(F)(iii).) Students experiencing homelessness have the right to enroll in any school in which a housed student living in the same attendance area would be eligible to enroll. (42 U.S.C. § 11432(g)(3)(A)(ii).) Because these protections are in place under the McKinney-Vento Act, it is questionable whether homeless and foster youth will particularly benefit from the proposed Charter School being a countywide, rather than a locally authorized charter school, or that these same services could not be offered by petitioning to one or more school districts. (See also Ed. Code, § 48850 et seq. [mandated supports for foster and homeless youth, to ensure those students have a meaningful opportunity to meet the academic achievement standards to which all pupils are held, and have access to the academic resources, services, and extra- curricular and enrichment activities available to other students].) However, these same statutory provisions provide legal support for the admission exemptions included in the Petition. Additionally, the demographics data for Scholarship Prep-Orange County, the countywide charter, demonstrate that 23.93 percent of the Charter School's student population is homeless which is significantly higher than other district's within the county with the exception of Magnolia School District which serves 28.58 percent homeless youth. (See Attachment A)
In order to approve the Scholarship Prep-San Bernardino countywide charter the SBCBOE must find that the Petitioner's stated grounds for a countywide charter demonstrate:

1. The educational services to be provided by the charter school will offer services to a pupil population that will benefit from those services.

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2. Such pupil population cannot be served as well by a charter school operating in only one school district in the county.

3. Granting the charter is consistent with sound educational practice.

4. The charter school has a reasonable justification for why it could not be established by petition to a school district pursuant to Education Code section 47605.

B. Scholarship Prep is Demonstrably Unlikely to Successfully Implement the Program (Ed. Code, § 47605(c)(2))
Petitioners may be considered "demonstrably unlikely to successfully implement the program" where the petitioners have an unsuccessful history, are unfamiliar with the petition and/or applicable law, and/or present an unrealistic financial or operational plan. (See, title 5 CCR, § 11967.5.1.)

1.) Academic Performance History
Scholarship Prep currently operates TK-8 schools in Southern California. Pursuant to California Education Code 47607(c), the California Department of Education places charter schools into performance categories based on the charter school's performance under the California School Dashboard. Under this criterion, a charter school is placed into one of the three performance level categories: high, medium, or low which dictates the term of a charter's renewal. A high performing charter school is presumed to be renewed and is eligible for a seven-year term. A low performing school is subject to nonrenewal and may only receive a two-year term where specified criteria are met. (Ed. Code, § 47607.)
Scholarship Prep-Oceanside and Scholarship-Orange County are both designated as middle performing. However, Scholarship Prep-South Bay has been designated as low performing based upon "Criterion 2" calling into question the success of the educational program.2 It is also noted that because Scholarship Prep currently serves TK-8, it does not have a track record for a high school program. The table below describes 2023 performance categories.

Performance
Charter School Category Renewal Criteria
SP-Orange County Middle N/A
SP-Oceanside Middle N/A
SP-South Bay Low Criterion 2
In addition, current dashboard and assessment data for the only operating countywide charter, Scholarship Prep-Orange County, shows a significant decline in academic performance indicators for all applicable student groups. 2 "Performance determinations under Criterion 2 are based on the overall Status for both the charter school and its student groups, and how they compare with the statewide averages for the two previous Dashboard years. The state's Status is used as the "statewide average" for the academic indicators." https://www.cde.ca.gov/sp/ch/documents/categoryflyer.pdf Staff Report —Scholarship Prep-San Bernardino Charter School

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SPOC 2023 ELA Dashboard Indicator
2023 % Changed
Students Color/ from Prior
Student Group Served (Status Level) DFS Dashboard All Students 643 Orange (Low) -34.6 Maintained -.1.5 English Learners 44.5% Orange (Low) -62.4 Declined -5.4 Foster Youth 0.80% * * *
Homeless 22.20% Orange (Low) -50.5 Maintained 0.2 Socioeconomically 91.8% Orange (Low) -35.5 Maintained 0.9 Disadvantaged
Students with 10.1% Red (Very Low) -108.6 Declined -29.8 Disabilities
African American 1.2% * *
Hispanic 96.9% Orange -36.1 Maintained -1.9
White 0.6% * * *
SPOC 2023 Math Dashboard Indicator
2023 % Changed
Students Color/ from Prior
Student Group Served (Status Level) DFS Dashboard All Students 643 Orange (Low) -55.1 Declined -.15.2 English Learners 44.5% Orange (Low) -83 Declined -19.5 Foster Youth 0.80% * * *
Homeless 22.20% Orange (Low) -63.2 Declined -8.9 Socioeconomically 91.8% Orange (Low) -56.9 Declined -13.9 Disadvantaged
Students with 10.1% d -111.8 Declined -45.3 Disabilities
African American 1.2% * * *
Hispanic 96.9% Orange (Low) -55.5 Declined -16 White 0.6% * I * *
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2.) Discipline History
Scholarship Prep-Orange County and Scholarship Prep-Oceanside have significant suspension rates across all student groups:

LEARN MORE LEARN MORE
Suspension Rate Suspension Rate
All Students State Al Students State
Amuisit
Orange Orange

2.9%suspended at least one day 1.7%suspended at least one day Increased 1.6%O* Increased 0.6%D
EQUITY REPORT EQUITY REPORT
Number of Studer Groups in Each Level Number of Srudere Groups in Each Level MEM EMMEN OMB MEM �
0 5 0 0 0 0 4 1 0 1
Red Orange Yellow Green Blue Red Orange Yellow Green Blue View More Details+ View More Details+
SP-Orange County SP-Oceanside
It must be noted that Scholarship Prep-South Bay has maintained a 0% suspension rate across all applicable subgroups for the current and prior year. Additional dashboard indicator data is provided in the data tables (See Attachment C) for all Scholarship Prep schools.

4.) Budget/Facility Concerns
The Charter School Budget is based upon enrollment of 260 in the first year with ADA of 247.

The ADA rate used is 95% which is high for a high school program. The enrollment/ADA is projected to grow annually to 310/294.5; 485/460.75; 660/627; 810/769.5. However, the facility that Charter School proposes to use has a current conditional use permit limiting capacity to 200. Absent a facility designed to house the full enrollment, the projected enrollment is unrealistic as is the Budget that is based upon the above enrollment/ADA. If approved, Scholarship Prep must demonstrate that it has adequate housing for the student population identified in the Budget before initiating operations.

C. The Petition Does Not Provide a Reasonably Comprehensive Description of Its Governance Structure
While the Governance Provision is generally compliant, it includes the following statement:
"The Board may initiate and carry on any program or activity or may otherwise act in any manner which is not in conflict with or inconsistent with or preempted by any law and which are not in conflict with this charter or the purposes for which school are established." This language is taken from the "permissive code" of the Education Code which is not applicable to charter schools. (Ed. Code, § 35160.) Instead, charter schools are governed by the limitations of the applicable Education Code and the charter document. (See, Wilson v. State Board of Education (1999) 75 cal.App.4th 1125, 1135 ["The Charter Schools Act represents a valid exercise of legislative discretion aimed at furthering the purposes of education. Indeed, Staff Report —Scholarship Prep-San Bernardino Charter School

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it bears underscoring that charter schools are strictly creatures of statute. From how charter schools come into being, to who attends and who can teach, to how they are governed and structured, to funding, accountability and evaluation-the Legislature has plotted all aspects of their existence."]; emphasis in original.) If approved, this language should be stricken from the Petition.

D. The Petition Does Not Provide a Reasonably Comprehensive Description of Its Student Discipline and Expulsion Procedures
The Individuals with Disabilities Education Act (IDEA) addresses the rights of students with disabilities in the discipline process. The Petition addresses, albeit incompletely, when the Charter School will be deemed to have knowledge that the student had a disability in accordance with 34 C.F.R. 300.534. If approved, the Petition must be amended to include 34 C.F.R. 300.534(b)(3) which provides that an LEA will be deemed to have knowledge that the student had a disability when, "[t]he teacher of the child, or other personnel of the LEA, expressed specific concerns about a pattern of behavior demonstrated by the child directly to the director of special education of the agency or to other supervisory personnel of the agency."
E. The Petition Does Not Provide a Reasonably Comprehensive Description of the Facilities
Education Code 47605.6(b)(5)(D), requires the Petition to contain a clear and reasonably comprehensive description of the location of each charter school facility that the Petitioners propose to operate. The description provided is vague as to location, size and plan for grade configuration. It is also concerning that the Budget is based upon seat-based ADA in year one of 247, growing to 769.50 in year five, whereas the facility identified in the Letter of Intent has a current conditional use permit (CUP) with a maximum capacity of 200 (See Attachment B). If approved, Scholarship Prep must include the location(s) where it will house its students in all grades.

VI. RECOMMENDATIONS
The Review Team have reviewed the Petition under the criteria of EC section 47605.6. It is recommended that the SBCBOE review the report, review any response from Petitioner, consider input from staff and from Petitioner (giving Petitioner equal time to present as provided to staff), and either grant or deny the Petition. Should the SBCBOE approve the Petition, it is recommended that such approval be conditioned upon the Charter School entering into a memorandum of understanding ("MOU") with SBCSS. Should the SBCBOE deny the Petition, this report may be adopted as the findings in support of denial.

SBCBOE may:

1. GRANT the Petition, based on the findings required by Education Code section 47605.6.

2. GRANT the Petition, based on the findings required by Education Code section 47605.6, provided that the Charter School enters into an MOU with SBCSS, prior to commencing instruction, addressing the Findings presented in the Staff Report.

3. DENY the Petition and adopt, as findings of fact, the Findings identified in the Staff Report, concluding the Petition did not meet the requirements of Education Code section 47605.6.

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ATTACHMENT A
Homeless Youth Enrollment:

Scholarship Prep vs. Orange County School Districts
2022-2023
School/County Total Homeless Percentage
Enrollment Enrollment Homeless
Scholarship Prep Orange County 681 163 23.93%
Anaheim Elementary School Dist. 15,539 1,564 10.06% Anaheim Union High 28,787 1,009 3.50%
Brea Olinda Unified 6,019 22 .37%
Buena Park 4,182 274 6.55%
Capistrano Unified 42,967 3,239 7.54% Centralia Elementary 4,331 351 8.10%
Cypress 3,525 183 5.19%
Fountain Valley 6,145 6 .098%
Fullerton 12,037 179 1.49%
Fullerton Joint Union High 13,574 348 2.56%
Garden Grove Unified 39,721 1,046 2.63%
Huntington Beach City 4,873 31 .64%
Huntington Beach Union High 14,873 954 6.41%
Irvine Unified 38,790 162 .42%
Laguna Beach Unified 2,516 14 .57%
La Habra City 4,510 71 1.57%
Los Alamitos Unified 9,107 39 .43%
Lowell Joint 3,181 31 .97%
Magnolia 5,315 1,519 28.58%
Newport-Mesa Unified 18,460 812 4.40%
Ocean View
7,053 514 7.29%
Orange Unified 24,665 377 1.53%
Placentia-Yorba Linda Unified 23,843 3,398 14.25% Saddleback Valley Unified 24,484 2,185 8.92% Santa Ana Unified 40,958 6,392 15.61%
Savanna Elementary 1,910 177 9.27%
Tustin Unified 22,622 413 1.83%
Westminster 8,468 726 8.57%
Orange County Dept. of Education 4,524 522 _ 11.54% Orange County 455,287 26,943 5.92%
DWK 4197009v1

Attachment B
CUP=
RESOLUTION NO.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UPLAND APPROVING CONDITIONAL USE PERMIT NO.

SQUARE FEET OF
BUILDING AREA WITHIN THE OFFICE PROFESS P) GENERAL PLAN DESIGNATION AND OFFICE PROFESSIONAL (OP) ZONE LOCATED AT •

THE PLANNING COMMISSION OF THE CITY OF UPLAND DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS:

SECTION 1. RECITALS.

A. ("applicant") filed an application with the
City of Upland for Conditional U:e Permit (CUP to allow for the establishment of
B. The proposed use is located within the Office Professional (OP) General Plan Designation and Office Professional (OP) zone.

C. The Office Professional (OP) zone requires the approval of a Conditional Use Permit for the Operation of a Private Educational Institution.

D. The approval of a Conditional Use Permit is required pursuant to the Upland Municipal Code for uses and associated operational characteristics that may be appropriate in the applicable zoning district, but whose effects on a site and surroundings land uses cannot be determined before being proposed for a specific site.

E. Upland Municipal Code Section 17.44.040(F) provides that the Planning Commission, may approve an application for a Conditional Use Permit, only if the proposed project complies with applicable standards in the Zoning Ordinance, other City ordinances, the General Plan, and any other applicable community or specific plans, and as supported by all of the findings Found in Section 2 of this Resolution.

F. Upland Municipal Code Section 17.44.040(G) provides that the review authority may attach conditions to the approval of a Conditional Use Permit as needed to ensure compliance with the Zoning Ordinance, other City Ordinances, the General Plan, and any other applicable community or specific plan.

RESOLUTION NO. (continued) CUPM
G. On at 6:30 p.m., the Planning Commission conducted a public hearing for Conditional Use Permit (CUP1M), after providing notice to the public in the manner and for the time required by law, and heard and considered both oral and written evidence.

SECTION 2. FINDINGS. The Planning Commission hereby makes the following findings and determinations in connection with the approval of the Project:

A. Recitals A through G of Section 1, above, are true and correct.

B. The California Environmental Quality Act (CEQA) includes a list of project classes, known as Categorical Exemptions, which are not anticipated to have a significant effect on the environment and are, therefore, exempt from the provisions of CEQA. This project is Categorically Exempt from environmental proceedings pursuant to Article 19, Section 15301, Existing Facilities, Class 1 (a), of the California Environmental Quality Act, since the proposed project consists of minor interior and exterior alterations to an existing site and structure.

C. The project has a General Plan land use designation of Office Professional OP and Zonin District of Office Professional (OP). The proposed within
Upland and general area.

D. Upland Municipal Code Section 17.44.040 (F) provides that the Planning Commission must make the following finding before it may approve a Conditional Use Permit.

1. Finding - The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property.

Fact For Finding - The location of the school is consistent with schools in Upland, the size of the school is conditioned to not exceed 200 students and the design of the structures will remain as is. The operating characteristics, as conditioned, will not interfere with adjacent uses. Therefore the school will be compatible with the existing and future land uses in the vicinity of the subject property.

2. Finding - The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g. fire and medical) access and public services and utilities; and
Fact For Finding - The site, as conditioned, will be physically suitable for the use in terms of student numbers, parking, and pick up and drop off

RESOLUTION NO. (continued) CUPM
congestion. The existing building will receive an interior tenant improvement in order to meet the needs of the operation of the school.

The existing site provides adequate access for emergency and public service vehicles.

3. Finding - The proposed use will not be detrimental to the public health, safety, and welfare of the persons residing or working in the neighborhood of the proposed use.

Fact For Finding - The proposed use will not be detrimental to the public health, safety, and welfare of the persons residing or working in the neighborhood of the proposed use because the use includes conditions limiting the operation of the use and conditions that rotect a ainst otential im acts. Additional)
SECTION 3. DETERMINATION. In light of the evidence presented at the hearing on this application, and based on the findings set forth above, the Planning Commission hereby finds that the requirements necessary for the approval of a conditional use permit are present, and as such, approved Conditional Use Permit In subject to all applicable provisions of the Upland Municipal Code and the following conditions of approval:

10.0 Development Services - General
10,1 The use a•'roved by this permit includes a II

10.2 The applicant and recorded property owner of the property shall submit to the Development Services Department written evidence of agreement with all conditions of this approval before the approval becomes effective.

10.3 Current and future property owners, business managers, operators, etc. shall be responsible for ensuring and complying with all conditions of approval contained herein.

10.4 The applicant and p-operty owners shall agree, at their sole cost and expense, to defend, indemnify, and hole harmless, the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third-party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, Planning Commission, or other decision-making body, including staff, concerning this project. In

Attachment C

DATA TABLES
for

SCHOLARSHIP PREP-

SAN BERNARDINO

COUNTYWIDE CHARTER

2022-23 COMPARISON DATA FOR SCHOLARSHIP PREP SCHOOLS/APPLICABLE LEAs-

ENROLLMENT & CAASPP
All Students
2022-23 2023 CAASPP
School Demographics Meets/Exceeds Standards

AFRICAN
LEA AMERICAN HISPANIC WHITE SED SWD EL FOSTER HOMELESS ELA MATH SP-Orange County 1.2% 96.9% 0.6% 91.8% 10.1% 44.5% 0.8% 22.2% 34.53% 29.90% Santa Ana USD 0.2% 95.9% 0.9% 80.8% 14.7% 41.6% 0.6% 13.5% 30.87% 19.83% Orange County 1.3% 49.7% 22.5% 54.3% 12.8% 20.5% 0.4% 4.9% 57.36% 46.80% California 4.7% 56.1% 20.1% 61.5% 13.1% 19.0% 0.5% 3.2% 46.66% 34.62% All Students
2022-23 2023 CAASPP
School Demographics Meets/Exceeds Standards

AFRICAN
LEA AMERICAN HISPANIC WHITE SED SWD EL FOSTER HOMELESS ELA MATH SP-Oceanside 5.0% 64.3% 21.4% 73.7% 12.7% 13.8% 0.0% 11.2% 52.46% 41.78% Oceanside USD 3.7% 56.8% 24.8% 67.7% 15.6% 11.7% 0.4% 1.4% 40.54% 29.27% California 4.7% 56.1% 20.1% 61.5% 13.1% 19.0% 0.5% 3.2% 46.66% 34.62% ■
All Students
2022-23 2023 CAASPP
School Demographics Meets/Exceeds Standards

AFRICAN
LEA AMERICAN HISPANIC WHITE SED SWD EL FOSTER HOMELESS ELA MATH SP-South Bay 21.4% 72.5% 1.7% 90.4% 11.3% 13.5% 1.7% 8.6% 27.77% 13.67% Los Angeles USD 3.8% 74.2% 4.8% 82.0% 14.1% 21.3% 0.7% 1.7% 47.17% 30.50% California 4.7% 56.1% 20.1% 61.5% 13.1% 19.0% 0.5% 3.2% 46.66% 34.62% Data Source for Enrollment: https://dq.cde.ca.gov/dataquest/dgcensus/EnrEthLevels.aspx?cds=00&agglevel=state&year=2022-23 Data Source for CAASPP: https://caaspp-elpac.ets.org/caaspp/Research FileListSB?ps=true&IstTestYear=2023&IstTestType=B&IstCounty=00&IstDistrict=00000

2023 SUSPENSION RATE INDICATOR BY STUDENT GROUPS
Suspension Rate Indicator:For this indicator,the desired outcome is a low%rate in the current year and a decline from past year.This is opposite from the academic indicators where an increase is viewed as positive.

Scholarship Prep-Orange County Scholarship Prep-Oceanside Scholarship Prep-South Bay Color/ Suspension Change from Color/ Suspension Change from Color/ Suspension Change from Student Group (Status Level) Rate% Prior Year% Student Group (Status Level) Rate% Prior Year% Student Group (Status Level) Rate% Prior Year% All Students Orange 2.9% Increased 1.6 All Students Orange Blue

1.7% Increased 0.6 All Students 0% Maintained 0 (Medium) (Medium) (Very Low)
Blue lue
English Learners Orange(High) 3.8% Increased 1.7 English Learners (Very Low) 0% Maintained 0 English Learners (VeBy Low) 0% Maintained 0 Foster Youth * * * Foster Youth * * * Foster Youth * * * 'Homeless Orange(High) 4.3% Increased 1.8 Homeless Orange 2.9% Increased 1.1 Homeless * * * (Medium)
Socioeconomically Orange Socioeconomically Orange o Socioeconomically Blue o Disadvantaged (Medium) 2.9% Increased 1.4 Disadvantaged (Medium) 2.1/o Increased 1.2 Disadvantaged (Very Low) 0% Maintained 0 Students with Orange Students with Students with Blue Disabilities (Medium) 2.3% Increased 0.9 Disabilities Orange(High) 3.5% Increased 0.8 Disabilities (Very Low) 0% Maintained 0 African American * * **African American (Very High) 7.4% Increased 7.4 African American 11 Blue 0% Maintained 0 (Very Low)
Hispanic Orange 2.9% Increased 1.6 Hispanic Yellow 1.3% Maintained 0.1 I Hispanic Blue 0% Maintained 0 (Medium) (Medium) (Very Low)
White * * * White Orange 1.7% Increased 0.9 White * * * (Medium)
Data Source: https://www.cde.ca.gov/ta/ac/cm/suspdatafiles.asp 2023 Suspension Rate Indicator Data File (*)Less than 11 students.Data not displayed for privacy. (**)Limited data displayed due to insufficient number of students in current and/or prior year.

2023 CHRONIC ABSENTEEISM DASHBOARD INDICATOR
Absenteeism Indicator:For this indicator,the desired outcome is a low%rate in the current year and a decline from prior year.This opposite from academic indicators where an increase from prior year is viewed as positive.

Scholarship Prep-Orange County Scholarship Prep-Oceanside Scholarship Prep-South Bay Color/ %Chronically %Change from Color/ %Chronically %Change from Color/ %Chronically %Change from Student Group (Status Level) Absent Rate Prior Year Student Group (Status Level) Absent Rate Prior Year Student Group (Status Level) Absent Rate Prior Year All Students Red 28.20% Increased 12.1 All Students Red 23.7% Increased 8.6 All Students Orange 21.0% Declined-1.5 (Very High) (Very High) (Very High) Red
English Learners (Very High) 31.90% Increased 17.5 English Learners (Ve R Hi h) 27.2% Increased 6.4 English Learners Orange(High) . 20.0% Increased 4.1 Foster Youth * * * Foster Youth * * Foster Youth * * Red Re
Homeless (Very High) 24.10% Increased 2.6 Homeless (Very H 23.5% Increased 5.7 **Homeless (High) 25.6% Increased 0.6 Socioeconomically Red Socioeconomically Red Socioeconomically Orange28.50% Increased 12.1 26.9% Increased 6 21.6/ Declined-2.4 Disadvantaged (Very High) Disadvantaged (Very High) Disadvantaged (VeryHigh) Students with Red Students with Red Students with Orange Disabilities 39.80% Increased 22.1 Disabilities (Very High) 34.1% Increased 2.6 Disabilities (Very High) 23.6% Declined-2.7 Orange African American * * * **African American (Medium) 7.4% Increased 7.4 African American (Very High) 20.6% Declined-2.4 Hispanic Red 28.80% Increased 13 Hispanic Red 27.7% Increased 7.9 Hispanic Orange 21.5% Declined-1.6 (Ver Hi•h) (Very High) (Very High) White * * White 17.8% Increased 8.8 White * * * Data Source:HTTPs:// www.cde.ca.gov/ta/ac/cm/chronicdatafiles.asp 2023 Chronic Absenteeism Data File (*)Less than 11 students.Data not displayed for privacy. (**)Limited data displayed due to insufficient number of students in current and/or prior year.

2023 ELA INDICATOR BY STUDENT GROUPS
Scholarship Prep-Orange County Scholarship Prep-Oceanside Scholarship Prep-South Bay Color/ %Changed from (Status %Changed from Color/ %Changed from Student Group (Status Level) DFS Prior Dashboard Student Group Level) DFS Prior Dashboard Student Group (Status Level) DFS Prior Dashboard All Students Orange -34.6 Maintained-.1.5 All Students Orange e -5.4 Maintained-0.8 All Students Yellow(Low) -53.1 Increased 18.6 English Learners ��aw e -62.4 Declined-5.4 English Learners Orange -47.7 Maintained-1.5 **English Learners (Very Low) -99.3 Declined-6.9 *Foster Youth * * * *Foster Youth * * * *Foster Youth * * * Orange Homeless (Low) -50.5 Maintained 0.2 Homeless Yellow(Low) -51.1 Increased 10.5 **Homeless (Very Low) -98 Declined-32 Socioeconomically Orange 35.5 Maintained 0.9 Socioeconomically Yellow(Low) -19.4 Increased 13.9 Socioeconomically Yellow(Low) -54.9 Increased 21.1 Disadvantaged (Low) Disadvantaged Disadvantaged Students with Students with Orange **Students with Disabilities -108.6 Declined-29.8 Disabilities (Very Low) -87 Increased 10.7 Disabilities (Very Low) -83.8 Increased 30.9 *African American * * * **African American ** -17.1 ** African American Yellow(Low) -63.3 Increased 4.2 Hispanic.Orange -36.1 Maintained-1.9 Hispanic Yellow(Low) -22.3 Increased 5.1 Hispanic Yellow(Low) -54.1 Increased 20.3 White * * * Whiteleen(High)! 29.1 Declined-6.5 White * * * Data Source: https://www.cde.ca.gov/ta/ac/cm/acaddatafiles.asp 2023 ELA (*)Less than 11 students.Color/status level not displayed for privacy. (**)Limited data displayed due to insufficient number of students in current and/or prior year.

2023 MATH INDICATOR BY STUDENT GROUPS
Scholarship Prep-Orange County Scholarship Prep-Oceanside Scholarship Prep-South Bay Color/ %Changed from Color/ %Changed from Color/ %Changed from Student Group (Status Level) DFS Prior Dashboard Student Group (Status Level) DFS Prior Dashboard Student Group (Status Level) DFS Prior Dashboard All Students Orange(Low) -55.1 Declined-.15.2 All Students Orange(Low) 27.8 Maintained 1.7 All Students ( Orange o ) -99.4 Increased 6 English Learners Orange(Low) -83 Declined-19.5 English Learners Orange(Low) _73.5 Declined-13 **English Learners (Very Low) -113.7 Increased 6.8 Foster Youth * * Foster Youth * * * Foster Youth * * * Homeless Orange(Low) -63.2 Declined-8.9 Homeless Yellow(Low) -58.7 Increased 16.2 **Homeless (Very Low) -126.1 Declined-39.1 Socioeconomically Socioeconomically Socioeconomically Orange Disadvantaged Orange(Low) -56.9 Declined-13.9 Disadvantaged Yellow(Low) -43.6 Increased 16.2 Disadvantaged (Very Low) -101 Increased 6.3 Students with Students with **Students with Disabilities 111.8 Declined-45.3 Disabilities Orange(Low) -99.3 Increased 20.9 Disabilities (Very Low) -130.8 Increased 31.4 African American * * * **African American (Low) 36 7 ** African American -104.4 Maintained 1.6 ge
Hispanic -55.5 Declined-16 Hispanic Yellow(Low) 51.1 Increased 4.5 Hispanic (VeryOranLow) -99.8 Increased 11.8 White * * * White 10.6 Maintained 1 White * * * Data Source: https://www.cde.ca.gov/ta/ac/cm/acaddatafiles.asp 2023 Math (*)Less than 11 students.Color/status level not displayed for privacy. (**)Limited data displayed due to insufficient number of students in current and/or prior year.

California Department of Education - Nonpublic School Certification Date: December 20, 2024
NPS ID 36-75069-7094436
Nonpublic School: Stone Ridge Academy
Site Administrator: Lois Smith
Site Address: 20 W 7th Street
City: Upland State: CA Zip Code: 91786
Grades: Kindergarten to 12
Student Gender: Coed
2025 Certification Status: Approved
Effective Dates: January 01, 2025 through December 31, 2025 ❑Amended
Per California Education Code 56366.4(a)(5)(A), the superintendent may revoke or suspend the certification of a nonpublic,nonsectarian school or agency for any of the following reasons:Failure to notify the department in writing of any of the following within 45 days of the occurrence:changes in credentialed,licensed,or registered staff who render special education and related services;ownership;management;or control of the nonpublic,nonsectarian school or agency.

Authorized to Provide Special Education Instruction to Students Identified with the following Primary Disabling Conditions:
© Autism ❑Hard of Hearing
❑,r Other Health Impairment
©Deaf/Blind ❑Hearing Impaired ❑ Speech and Language Impairment ❑Deaf Intellectual Disability it Specific Learning Disability ©Emotional Disturbance i❑Multiple Disabilities Q Traumatic Brain Injury ❑Established Medical Disability ❑Orthopedic Impairment El Visual Impairment Authorized to Provide the Following Related Services:
©APE IJ Bll ❑✓ LSDR ❑RS ❑VECD ❑VT
❑AS f1CG ❑MT OPCT ❑SW ❑LI:
❑ATS 0 EE 0 OM i] PS ❑TS ❑Other Services Authorized:
©BID ©HNS I IOT ID PT ❑Vs
If checked,this box acknowledges that the NPS has submitted documentation related to a ❑Residential residential component, and should not be construed as an evaluation, accreditation, Component approval, recognition,or endorsement.

Certification Is not an endorsement of the services offered by the nonpublic school(NPS),but states only that the NPS meets minimum legal standards."Approved"or"Conditional"certifications authorize the NPS to accept students placed by local educational agencies(LEAS)under California Education Code, Section 56366.

Nonpublic Schools Unit,Special Education Division

CITY OF UPLAND ` .VA` tia
BUSINESS LICENSE TAX CERTIFICATE L
Business Name: STONE RIDGE ACADEMY,LLC. C4 https://www.dca.ca.govtpublicationsl CITY OF UPLAND 8839 N CEDAR AVE#212 CITY O F UPLAND FRESNO,CA 93720 BUSINESS LICENSE TAX CERTIFICATE LOIS SMITH " License Number: 00923273
STONE RIDGE ACADEMY,LLC.
20 W 7TH ST Date of Issue: 01/01/2025
UPLAND,CA 91786-7148

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UPLAND

UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 24-0011 TO ESTABLISH A CHARTER SCHOOL (KNOWN AS "SCHOLARSHIP PREP"), WHICH
SERVES GRADES FROM TRANSITIONAL KINDERGARTEN TO 8TH
GRADE, WITHIN TWO EXISTING BUILDINGS TOTALING 36,150 SQUARE FEET OF BUILDING AREA AND 18,094 SQUARE FEET

PLAY AREA WITHIN THE OFFICE PROFESSIONAL (OP) GENERAL

PLAN DESIGNATION AND OFFICE PROFESSIONAL (OP) ZONING
DISTRICT LOCATED AT 20 AND 30 W. 7TH STREET (APN: 1047- 262-26)
WHEREAS, Jason Watts, has filed an application requesting approval of Conditional Use Permit No. CUP-24-0011; and
WHEREAS, on February 26, 2025, the Planning commission of the City of Upland considered evidence and testimony on CUP-24-0011, and approved the project by a 7:0:0 vote; and
WHEREAS, on March 10, 2025, Stone Ridge Academy filed an appeal of the Planning Commission's decision based on: 1) the City's failure to comply with California Civil Code § 3294; 2) the City's failure to comply with San Bernardino County Development Codes 85.06 & 84.25.060; 3) the City & Applicant's failure to conduct operations ethically; and
WHEREAS, Upland Municipal Code Section 17.47.030(B) provides that the City Council shall serve as the review authority for any appeal of Planning Commission decision; and
WHEREAS, Upland Municipal Code Section 17.47.040(G) provides that the review authority (City Council), during the appeal hearing shall take action only on the specific basis for the appeal, as found in APPL-25-0001 Staff Report; and WHEREAS, the City of Upland Planning Division on April 30, 2025, posted two (2) true and correct copies of the legal notice at the Upland City Hall Bulletin Board and at the Upland Public Library in accordance with the Upland Municipal Code Section 17.46.020; and
WHEREAS, the City of Upland Planning Division on April 30, 2025, mailed the public hearing notice to each property owner within a 300-foot radius of the project site indicating the date and time of the public hearing in compliance with state law concerning the Project; and
WHEREAS, the City of Upland Planning Division on May 1, 2025, published a legal notice in the Inland Valley Daily Bulletin, a local paper of general circulation, indicating the date and time of the public hearing in compliance with state law concerning the Project; and

Resolution No.

WHEREAS, the City of Upland City Council conducted a duly noticed public hearing on May 12, 2025, at which time it received public testimony concerning the Project, and considered the CEQA for the proposed project.

NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:

Section 1. Findings. The City Council concurs with the Planning Commission findings for project approval, indicated in Resolution No. 5020, which include:

A. The above Recitals are true and correct and are incorporated herein by this reference.

B. The Conditional Use Permit is consistent with the following General Plan goals and/or policies:

1. Goal PFS-4: A community with educational services and facilities that meet the demands of existing and new development.

Fact: The public institute will provide educational services that meet the demands of existing and new development, specifically providing educational access to existing and future students.

2. Policy PFS-2.11 Emergency Vehicle Access. Require new development to be accessible to emergency vehicles and to not impede the ability of service providers to provide adequate emergency response.

Fact: The site, as conditioned, will be physically suitable for the use in terms of student numbers, parking, and pick up and drop off congestion. The existing building will receive an interior tenant improvement in order to meet the needs of the operation of the school. The existing site provides adequate access for emergency and public service vehicles.

3. Policy LU-5.1 Complementary Uses. Encourage the development of complementary land uses such as grocery stores, basic commercial services, parks and recreational fields, and schools in close proximity to residential uses.

Fact: The institute will serve as a continued benefit to the surrounding community continuing to provide an additional local educational facility.

C. Per Upland Municipal Code Section 17.44.040(F), the review and decision-making authority may approve an application for a conditional use permit only if the proposed project complies with applicable standards in the Zoning Code, other City ordinances, the General Plan,

Resolution No.

and any other applicable community or specific plans, and as supported by all of the following findings:

1. Finding: The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses near the subject property.

Evidence: The proposed use of the educational institute is appropriate at the proposed location, as the site is adequate in size and shape to accommodate the use of the school. The use is permitted in the Office Professional (OP) zone with the approval of a Conditional Use Permit. The building layout consists of 36,150 square feet of educational institute space. The building is adequate in size and configuration and accommodates twenty-seven (27) classrooms, auditorium, offices, library, and bathrooms. The school will be open Monday through Friday from 7:00 a.m. to 6:00 p.m. and will be closed on Weekends. As such, the use will operate at a similar intensity and within similar hours as the existing businesses.

2. Finding: The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g. fire and medical) access and public services and utilities.

Evidence: The site is an existing location, which is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency (e.g. fire and medical) access and public services and utilities because the use is located within an existing site that provides for tenant spaces for the operation of the use and provides adequate parking.

All work will take place inside the building. The parking and on- site circulation will remain unchanged which will continue to allow access to the site.

3. Finding: The proposed use will not be detrimental to the public health, safety, and welfare of the persons residing or working in the neighborhood of the proposed use.

Evidence: No evidence exists to suggest that the proposed use will be detrimental to or endanger the public health, safety, or general welfare. Substantial investment in the area is proposed and the use will draw additional employees and customers. The use has been reviewed, and appropriately conditioned by the Building and Safety Division, Public Works Department, Police Department and San Bernardino County Fire Department to ensure the public health, safety, and welfare of the community.

Section 2. Determination. Based on the findings set forth by the Planning Commission, the City Council of the City of Upland hereby upholds the Planning Commission's approval of CUP-24-0011, and denies Appeal No. APPL-25-0001 in its

Resolution No.

entirety, and Planning Commission Resolution No. 5020, contained herein by reference, is hereby upheld by the City Council, including the findings for approval and conditions of approval therein, and deemed the effective approval for the project.

Section 3. California Environmental Quality Act (CEQA). The City Council of the City of Upland finds and determines that the project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15301, Existing Facilities, since the project consists of a negligible expansion of use within an existing structure, as indicated in Planning Commission Resolution No. 5020.

Section 4. Certification. The City Clerk certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 5. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 6. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 12th day of May, 2025.

Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 12th day of May 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

or
a �pt1�� CITY
ofU P LA N D
Planning Commission\I
Foa ti Stffo/ t "The City of Gracious Living"
c.1tr
DATE: February 26, 2025
TO: CHAIR AND PLANNING COMMISSIONERS
FROM: ROBERT D. DALQUEST, DEVELOPMENT SERVICES DIRECTOR PREPARED BY: ANDREW R. ARELLANO, ASSISTANT PLANNER SUBJECT: CONDITIONAL USE PERMIT NO. 24-0011 TO ESTABLISH A CHARTER SCHOOL FOR"SCHOLARSHIP PREP" LOCATED AT 20
AND 30 W. 7TH STREET IN THE op (OFFICE PROFESSIONAL)

DISTRICT
If the Planning Commission concurs with Staff's recommendation, the following motions are recommended:
• "I move to determine the project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15301 [Existing Facilities, Class 1 (a)] of the CEQA Guidelines, since the proposed project consists of a negligible expansion of use within an existing structure." • "I move to adopt a Resolution approving Conditional Use Permit No. 24-0011 to establish a charter school serving grades ranging from Transitional Kindergarten(TK)to 8th Grade, known as "Scholarship Prep.", within two existing institutional buildings totaling 36,150 square feet of building area and an 18,094 square foot play area within the Office Professional (OP) general plan designation and Office Professional (OP) zoning district located at 20 and 30 W. 7th street, subject to the required findings and subject to the conditions of approval contained in the Resolution (See Exhibit A—Draft Resolution)."

REQUEST/PROJECT DESCRIPTION
The applicant,Jason Watts,is seeking approval of Conditional Use Permit No.24-0011 to establish a charter school serving grades ranging from Transitional Kindergarten (TK) to 8th Grade within two existing institutional buildings totaling 36,150 square feet of building area, known as "Scholarship Prep", located at 20 and 30 West 7th Street.

SYNOPSIS
Applicant: Jason Watts
Property Owner: The Stewart Group LLC
Property Location: 20 W. 7th Street(APN:1047-262-28 and 29) Existing General Plan Land
Use Designation: Office Professional
Existing Zoning Office Professional
Classification:

Site Size: Approximately 141,570 square feet(3.25 Acres) Building/Suite Size: Approximately 36,150 square feet Access: The primary driveway is off of West 7th Street with a secondary driveway off of South White Avenue.

Surrounding Land Uses:

Direction Land Use General Plan Zone
North Residential Residential Residential
Single- Single-
Family Family
Medium (RS Medium

7.5) (RS 7.5)
East Offices Office Office
Professional Professional
(OP) (OP)
South Interstate-10 N/A N/A
Freeway
Residential City of City of
(South of Ontario Ontario
Freeway)
West Residential Residential Residential
Single- Single-
Family Family
Medium (RS Medium

7.5) (RS 7.5)
See Exhibit B —Vicinity Map
Previous TPM No. 15336
Applications/Entitlements: V-988-02-Varience for Clock Tower on Building B SV-98-02-Alley Vacation
CUP-98-14 & Modifications #1 & #2 - (Establishing all existing structures, animal hospital and proposed trade school) CUP-98-14 Mod. #3, SP 14-05, DR-14-07 & LLA-14-01 (Westwood College Expansion for Dental Office — Permit
never pursued)
CUP-17-0012 (Stone Ridge Academy Private School)

AUTHORIZATION/GUIDELINES
Upland Municipal Code(UMC) Section 17.44.040 authorizes the Planning Commission to review and take action on Conditional Use Permits for educational institutions (K-12) in the Office Professional zoning district.

BACKGROUND
The applicant proposes utilizing two existing buildings within an office complex, totaling approximately 36,150 square feet, on a fully developed 3.25-acre location. The buildings were originally constructed in 2002 under Conditional Use Permit No. CUP-98-14. This CUP received

approval of three modifications but only the first two modifications being pursued and utilized by Westwood College, a private for-profit college. Westwood College closed down all of its campus locations in 2016. In 2017,the Planning Commission approved Conditional Use Permit No. CUP- 17-0012,to re-utilize the campus as a certified non-public school specializing in education services for students with disabilities,known as "Stone Ridge Academy". The school subsequently closed and the applicant seeks approval to reutilize the campus for a public charter school, known as "Scholarship Prep", serving grades from Transitional Kindergarten through 8th grade. The school will utilize the existing site improvements and make minimal tenant improvements. No building expansion is proposed.

Technical Review Committee
The Technical Review Committee reviewed the project and recommended approval, subject to conditions of approval that have been incorporated into the draft resolution. The conditions of approval will ensure that the use operates within the requirements of the Upland Municipal Code and will remain compatible with the surrounding land uses.

Public Notice
This project included multiple modes of notifying the public,in accordance with Upland Municipal Code (UMC) Section 17.46.020.

1. On February 13,2025,a Notice of Public Hearing was mailed to all property owners within 300 feet of the project site. This resulted in a total of 17 property owners being noticed.

2. The Public Hearing Notice was posted in 2 physical locations (Upland City Hall and Upland Library) on February 13, 2025.

3. The Public Hearing Notice was published in the Inland Valley Daily Bulletin on February 14, 2025.

ANALYSIS
General Plan and Zoning
The project is located within the Office Professional (OP) General Plan Designation and Zoning District. (See Exhibit C—General Plan Map and Zoning Map). This designation supports a variety of commercial uses as well as professional and administrative offices. The establishment of an educational institution is consistent with the underlying General Plan and the OP zoning district, as it in a conditionally permitted use in the zone that is of a similar character to other uses within this designation. The project shows consideration for the following General Plan and zoning district goals and/or policies as shown in Table 1 below:

Table 1
General Plan Goal/Policy Consistency
Goal PFS-4: A community with educational The public institute will provide educational services and facilities that meet the demands of services that meet the demands of existing and existing and new development. new development, specifically providing educational access to existing and future

General Plan Goal/Policy Consistency
students.

Policy PFS-4.1 Capacity: Support efforts of The new public institute will provide a new the school districts to ensure sufficient educational option to support the anticipated educational increase in city population due to the recently facilities for Upland's existing and anticipated adopted housing element and local housing kindergarten through twelfth grade developments.
population.

Pursuant to UMC Section 17.06.020 (Permitted Land Uses), educational institutions are allowed subject to approval of a Conditional Use Permit. Below is an analysis of the project's compliance with the development standards applicable to this use.

Operational Details
The proposed school, known as "Scholarship Prep", is a non-profit charter school with active campuses across Southern California, including Los Angeles, Riverside, San Diego, and Orange County. Hours of operation for the school are from 7:00 A.M. to 6:00 P.M., Monday through Friday, consistent with typical business hours for other uses permitted within the Office Professional(OP)zone. Classes are planned to begin at 8:15 A.M. The applicant proposes to grow to a maximum student population of 550 students over a period of several years. This maximum student limit has been reinforced through conditions of approval. There are twenty-seven (27) existing classrooms that will be used, which would accommodate an average of 20 students per class, at maximum capacity. The school has a staff of 35 employees, with 22 of them being teachers. The existing 18,094 square feet outdoor play area will be used throughout the school day from 8:00 A.M. to 6:00 P.M. During this time, classes will stagger the use of the area through scheduling for physical education, recess and lunches.

Site Plan and Floor Plan
The site is surrounded by single-family residential uses to the north and west, similar to other public and private schools within Upland; the Interstate- 10 freeway to the south; and Euclid Avenue and the westbound Interstate-10 freeway on-ramp to the east (See Exhibit C —Vicinity Map). The existing site consists of three (3) office buildings, "Building A", which contains the existing pet hospital and Buildings B and C,which are both 2-stories and were previously used by Westwood College and Stone Ridge Academy. The charter school proposes to take over use of Buildings B and C (See Exhibit D—Site Plan).

Parking
There are no changes proposed to the parking lot area,nor will the project alter on-site circulation.

The property can be accessed by one existing driveway from 7th Street and one on White Avenue.

The project site has a shared parking lot with an existing animal hospital and provides 177 parking spaces. The charter school requires one stall per classroom, one stall per 400 square feet of office space, and one stall for each 500 square feet of library space. After analyzing the parking requirements for the site, it was determined that there was adequate parking for the site, as the available off-street parking lot provides 80 stalls over and above the parking required for the school. See the chart below for a summary.

Use Requirement Measure Required
Animal Hospital 1 per 300 sq. ft. 6,242 sq. ft. 21 spaces Classroom 1 per classroom 27 classrooms 27 spaces Assembly 1 per 35 sq. ft.GFA of 1,355 sq. ft. 39 spaces assembly
area (Auditorium)
Office 1 for each 400 sq. ft. 3,225 sq. ft. 9 spaces Library 1 for each 500 sq. ft. 456 sq. ft. 1 space Total Required 97 spaces
Total Provided 177 spaces
Surplus 80 spaces
Circulation/Pick-up and Drop-off
Students will arrive at the school via drop-off and pick-up, before and after class hours. The operations do not include the use of buses or transport vehicles for the drop-off and pick-up of students. At the request of staff, the applicant prepared a traffic circulation plan (See Exhibit E Circulation Plan)that provides details on how pick-up and drop-off will be efficiently managed to ensure smooth circulation through the site. The circulation pattern orients parents/guardians to drop off and pick up students by entering the driveway on White Avenue. The drop-off/pick-up lane will circulate around the outside perimeter of the outdoor play area, facilitating a gathering area for students being dropped off. The play area will also serve as the waiting area for students after school, where students will be be organized by grade as they wait to be picked up.

The on-site circulation plan will accommodate a queue of thirty three (33) cars. The queue will be monitored by a minimum of ten (10) staff members, located at the site entrance on White Avenue, the perimeter of the play area and the crosswalk between the play area and Building C.

Staff will be overseeing students beginning at 7:45 A.M. to 8:15 A.M., for drop-off, then again at 3:00 P.M. for pick-up. After students are dropped off or are ready for pick-up,they will be assisted by on-site staff which will walk the children to and from the car to provide extra security and convenience to the expected queuing. One-way circulation for pick-up and drop-off will be marked, signed, and staffed to ensure a smooth flow of travel with minimum wait times and will utilize a "breakaway lane" to help minimize any traffic congestion. This will enable cars an additional option to leave the queue once a student has been picked up, as well as providing access parking stalls. The circulation plan for pick-up and drop-off have been reviewed by the City's Land Development/Engineering/Traffic Division to ensure that the best practices incorporated will ensure a smooth circulation pattern and minimize traffic back-up. Staff have also added a condition of approval requiring that the Conditional Use Permit return to the Planning Commission after 1-year of operation to evaluate the on-going operations and the adequacy of pick-up and drop- off circulation.

ENVIRONMENTAL ASSESSMENT
The project is Categorically Exempt from environmental proceedings pursuant to Article 19, Section 15301, Existing Facilities, Class 1 (a), of the California Environmental Quality Act, since the proposed project consists of a negligible expansion of use within an existing structure.

REQUIRED FINDINGS
In order to approve the project, the Planning Commission is required to make certain findings.

Section 1 of the Resolution contains recommended findings for the Conditional Use Permit for the Planning Commission's consideration.

RECOMMENDED ACTION
The Planning Division recommends the Planning Commission take the following action:

1. Find that the project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15301, Existing Facilities, Class 1 (a), of the California Environmental Quality Act, since the proposed project consists of a negligible expansion of use within an existing structure; and

2. Adopt a Resolution approving Conditional Use Permit No. CUP-24-0011 to establish a charter school serving grades ranging from Transitional Kindergarten (TK) to 8th Grade, known as "Scholarship Prep", located at 20 and 30 West 7th Street, subject to the required findings and subject to the conditions of approval contained in the Resolution.

MINUTES OF A REGULAR MEETING OF THE UPLAND PLANNING COMMISSION February 26, 2025
6:30 p.m.

City Council Chamber
City Hall, 460 N. Euclid Avenue

Present: Chair Robin Aspinall, Vice Chair Brian Staton, Commissioner John P.

Andrews, Commissioner David Borger, Commissioner Christine S.

Caldwell, Commissioner Jeffrey Johnson, Commissioner Monica Marroquin
Staff Present: Planning Manager Loralee Farris, Assistant Planner Jessica Anaya, Assistant Planner Andrew Arellano, Deputy City Attorney Albert Maldonado, Management Analyst Jamie Davidson

1. CALL TO ORDER OF THE PLANNING COMMISSION REGULAR MEETING Chair Aspinall called the regular meeting of the Upland Planning Commission to order at 6:30 p.m. in the Council Chambers of the Upland City Hall.

2. PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Vice Chair Staton. Councilmember Carlos Garcia was present in the audience.

3. ROLL CALL
Management Analyst Davidson conducted roll call.

4. APPROVAL OF MINUTES
Moved by: Commissioner Johnson
Seconded by: Commissioner Caldwell
To approve the Regular Meeting Minutes of November 20, 2024. Vice Chair Staton and Commissioner Andrews abstained.

Motion: Carried

5. COUNCIL ACTIONS
Planning Manager Farris indicated that the City Council met on November 25, 2024, December 9, 2024, January 13, 2025, January 27, 2025, February 10, 2025, and February 24, 2025. She reported that the City Council approved a Mills Act contract for 506 N. 8th Avenue on February 10th, 2025.

6. FUTURE AGENDA ITEMS
Planning Manager Farris reported two future agenda items for the month of March; a conditional use permit for wireless telecommunication antennas on a Southern California Edison transmission tower and a water easement vacation for the 20th Street Storage Project.
1

7. ORAL COMMUNICATIONS
Chair Aspinall opened oral communications. There being no speakers, Chair Aspinall closed oral communications.

8. PUBLIC HEARINGS
a. CONSIDER APPROVAL OF CONDITIONAL USE PERMIT NO. 24-0011.

Assistant Planner Arellano presented the staff report, along with a PowerPoint Presentation which is on file in the Development Services Department.

Staff confirmed that there is an existing valid Conditional Use Permit (CUP) for Stoneridge Academy and answered Planning Commission questions regarding the differences between the existing CUP and the proposed CUP, which included:
differences in grade levels, from Kindergarten through 12th Grade at the existing school to Transitional Kindergarten through 8th Grade at the proposed school; an increase in the number of students that will be accommodated at maximum capacity; a difference in focus from a school exclusively for children with disabilities to a public charter school; and the proposed pick-up and drop-off plan for students associated with the proposed school. Staff verified that the City's Land Development/Transportation Division reviewed the application and the pick-up and drop-off plan to ensure measures were implemented to prevent traffic impacts.

Additionally, staff confirmed that the new school has not proposed any tenant improvements and would be able to occupy the site without internal modification, as it is already set up to support educational uses. Additionally, staff addressed a condition of approval that will require the item to return to the Planning Commission in one-year to review operations and the conditions of approval.

Chair Aspinall opened the public hearing.

Jason Watts, Applicant, indicated that the school anticipates opening in August 2025 for the 2025-2026 school year; addressed the traffic, on-site queueing, and their holding zone "valet service" that is geared to expedite traffic at drop off and pick-up; indicated the school's practice of ensuring families understand the rules and procedures and re-enforce it throughout the year; and expressed the desire to be a good responsive neighbor and have a good partnership with the City.

David Botfeld, representing the Property Owner, confirmed that the existing school was still operating on-site; expressed that the existing school had been a good operator on-site; indicated that their lease was not set to end for a few years, but the status of the lease may be affected by missed rent payments. Further, Mr.

Botfield indicated that the ownership had sought a good tenant replacement that would be able to utilize the space upon termination of the existing lease; and that the existing tenant had been made aware of the coming changes.

The Applicant answered questions posed by the Planning Commission confirming they will have security in place for drop-off and pick-up; indicated they are a county- wide charter school approved by San Bernardino County and will likely have a multi-tiered relationship with the Upland School District; indicated they will work with the high school and anticipate their 8th grade students going into Upland High School; confirmed they market their school for enrollment and indicated while they have no boundary restrictions as a county-wide charter they find most of their students live locally; spoke to the hiring process and credential requirements for 2

teachers; indicated they are a STEM focused school and also feature problem and project learning based; spoke to their history and success of previous locations; and confirmed there are no proposed changes to the adjacent pet hospital.

There being no public speakers, Chair Aspinall closed the public hearing.

Discussion ensued regarding when the Planning Commission's one-year review of the Conditional Use Permit pursuant to the conditions of approval; whether one year from the date of approval or one year from the date of opening was most appropriate; and amended Condition of Approval No. 50.2 to specify the Conditional Use Permit return to the Planning Commission one year from the date the use is initiated, as there would be a full year of operational data to consider.

Deputy City Attorney Maldonado mentioned that Condition of Approval number

50.1 also allows for a review prior to one year should the Commission desire.

Moved by: Commissioner Marroquin
Seconded by: Vice Chair Staton
Motion to find that the project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15301, Existing Facilities, Class 1 (a), of the California Environmental Quality Act, since the proposed project consists of a negligible expansion of use within an existing structure; and
Adopt a Resolution approving Conditional Use Permit No. CUP-24-0011 to establish a charter school serving grades ranging from Transitional Kindergarten (TK) to 8th Grade, known as "Scholarship Prep", located at 20 and 30 West 7th Street, subject to the required findings and subject to the conditions of approval contained in the Resolution, as amended.

Motion: Carried
b. CONSIDER APPROVAL OF CONDITIONAL USE PERMIT NO. 24-0012.

Assistant Planner Arellano presented the staff report, along with a PowerPoint Presentation which is on file in the Development Services Department.

Chair Aspinall opened the public hearing.

Rudy Lopez, on behalf of the applicant, indicated there are no changes to the operation except for the opportunity to serve traditional cocktails that further compliment their menu.

The Applicant answered questions posed by the Planning Commission stating the increased hours of operation; stated being agreeable to the alcohol cut-off time being 30 minutes before closing, if conditioned; and is agreeable to the Conditions of Approval.

There being no public speakers, Chair Aspinall closed the public hearing.

The Planning Commission added condition 20.10 to have alcohol sales stop being sold 30 minutes before closing.
3

Moved by: Vice Chair Staton
Seconded by: Commissioner Johnson
Motion to find that this project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15301, Existing Facilities, Class 1 (a), of the CEQA Guidelines, since the proposed project consists of a negligible change in use within an existing structure; and Adopt a resolution approving Conditional Use Permit No. CUP-24-0012 to upgrade an existing Type 41 (On-Sale Beer and Wine) Alcoholic Beverage Control (ABC) License to a Type 47 (On-Sale General — Eating Place) ABC license to allow for the sale and consumption of beer, wine, and distilled spirits at "Dos Mundos Kitchen" as part of a bona fide eating place, at 425 N. Mountain Avenue, as amended.

Motion: Carried
c. CONSIDER APPROVAL OF TENTATIVE PARCEL MAP NO. 24-0001 (TPM NO. 20819), DEVELOPMENT PLAN REVIEW NO. 24-0005, CONDITIONAL USE PERMIT NO. 24-0009, CONDITIONAL USE PERMIT NO. 24-0010, AND ENVIRONMENTAL ASSESSMENT REVIEW NO. 24-0002.

Assistant Planner Anaya reported the applicant is requesting a continuance to March 26, 2025.

Staff answered questions posed by the Planning Commission regarding the nature of the applicant's continuance request and why they needed additional time to review the Conditions of Approval; and staff confirmed that a traffic impact analysis and a parking study were completed for the project.

Moved by: Commissioner Caldwell
Seconded by: Commissioner Borger
To continue Tentative Parcel Map No. 24-0001 (TPM No. 20819), Development Plan Review No. 24-0005, Conditional Use Permit No. 24-0009, Conditional Use Permit No. 24-0010, and Environmental Assessment Review No. 24-0002 to the next regularly scheduled Planning Commission meeting on Wednesday, March 26, 2025.

Motion: Carried
d. CONSIDER ZONING CODE AMENDMENT NO. 25-0001 — ORDINANCE AMENDING CHAPTER 17.37 OF THE UPLAND MUNICIPAL CODE — ACCESSORY DWELLING UNITS.

Planning Manager Farris presented the staff report, along with a PowerPoint Presentation which is on file in the Development Services Department.

Staff answered questions posed by the Planning Commission regarding the average number of ADUs processed each year; indicated that there is not a particular concentration of ADU's being they are relatively dispersed throughout the city; and indicated if the City does not adopt an ordinance to bring the ADU regulations in the Municipal Code into compliance with recent changes in state law 4

then the City would not be able to enforce their own regulations and would therefore have to follow State Law solely.

Chair Aspinall opened the public hearing.

There being no public speakers, Chair Aspinall closed the public hearing.

Moved by: Commissioner Andrews
Seconded by: Commissioner Caldwell
Motion to determine that Zoning Code Amendment No. 25-0001 is statutorily exempt from the California Environmental Quality Act (CEQA), under Public Resources Code Section 21080.17; and,
Adopt the Planning Commission Resolution recommending approval of Zoning Code Amendment No. 25-0001 to the City Council. Commissioner Johnson was opposed.

Motion: Carried

9. BUSINESS ITEMS
a. HOLIDAY MEETING SCHEDULE FOR 2025
Management Analyst Davidson presented the staff report.

Moved by: Commissioner Caldwell
Seconded by: Vice Chair Staton
Motion to approve the 2025 Planning Commission meeting schedule and reschedule the regularly scheduled November and December Planning Commission meeting to November 19, 2025 and December 17, 2025.

Motion: Carried
b. CONSIDER GENERAL PLAN CONFORMITY DETERMINATION IN REGARD TO THE DISPOSITION OF A 1,400 SQUARE FOOT CITY-OWNED SURPLUS PARCEL (APN 0207-462-02).

Planning Manager Farris presented the staff report and answered questions posed by the Planning Commission on how the triangle parcel would be used by the adjacent property owner, the City's ability to review and finalize the final driveway design on the property, and the location of the property in proximity to the city limits.

Chair Aspinall invited public comment to which no one spoke on the matter.

Moved by: Vice Chair Staton
Seconded by: Commissioner Andrews
Motion to determine General Plan Conformity for the disposition of City-owned surplus property is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines."; and 5

To adopt a resolution finding that the disposition of the 1,400 square foot City- owned surplus property located on the east side of Grove Avenue (APN: 0207- 462-02) is in conformity with the City of Upland General Plan.

Motion: Carried

10. PLANNING COMMISSION COMMENTS
Chair Aspinall announced that the "State of the City" event would be held on March 25th and invited the Planning Commissioners to attend.

Commissioner Johnson commented positively on the new townhomes being constructed on First Avenue and A Street and asked for status updates on various development projects. Planning Manager Farris reported that the wireless telecommunication tower disguised as a water tower within Memorial Park on Foothill Avenue has an approved entitlement and the applicant will still need to submit the construction plans into plan check; that the building proposed to be used as an "Amazon Fresh" grocery store received an issued building permit for tenant improvements and is undergoing inspections, and while they have been making progress there has been no official word on their plans to open; and the Firefly Cottage on Arrow Highway and 2nd Avenue has approved entitlements, issued building permits, is currently under construction, and is planned to be used as a restaurant/bakery.

11. ADJOURNMENT
At 7:50 p.m., Chair Aspinall adjourned the meeting.The next regularly scheduled Planning Commission meeting is March 26, 2025.

Moved by: Commissioner Johnson
Seconded by: Commissioner Borger
To adjourn.

Motion: Carried
Robert D. Dalquest, Secretary
6

RESOLUTION NO. 5020

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF UPLAND, CALIFORNIA APPROVING AN

EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA), PURSUANT TO SECTION 15301

EXISTING FACILITES, OF THE CEQA GUIDELINES AND
APPROVING CONDITIONAL USE PERMIT NO. 24-0011 TO

ESTABLISH A CHARTER SCHOOL SERVING GRADES

RANGING FROM TRANSITIONAL KINDERGARTEN (TK) TO
8TH GRADE, KNOWN AS "SCHOLARSHIP PREP.", WITHIN

TWO EXISTING INSTITUTIONAL BUILDINGS TOTALING
36,150 SQUARE FEET OF BUILDING AREA AND 18,094

SQUARE FEET PLAY AREA WITHIN THE OFFICE

PROFESSIONAL (OP) GENERAL PLAN DESIGNATION AND
OFFICE PROFESSIONAL (OP) ZONE LOCATED AT 20 AND 30
W. 7TH STREET (APN: 1047-262-28 AND -29).

Intent of the Parties and Findings
WHEREAS, Jason Watts, has filed an application requesting approval of the Project; and
WHEREAS, The project site has a Office Professional (OP) General Plan land use designation and Zoning District, in which the Planning Commission may grant a Conditional Use Permit for the proposed Public Educational Institution; and WHEREAS, Upland Municipal Code Section 17.44.040(C) provides that the Planning Commission shall serve as the review authority for Conditional Use Permits; and
WHEREAS, Upland Municipal Code Section 17.44.040(F) provides that the Planning Commission, before it may approve a Conditional Use Permit, must make findings by resolution, as hereinafter provided, that the evidence presented shows that all of the findings referenced in Section 1 of this Resolution can be made; and WHEREAS, Upland Municipal Code Section 17.44 provides that the Planning Commission may attach conditions to the approval of the project as needed to ensure compliance with the Zoning Code, other City Ordinances, the General Plan, and any other applicable community or specific plan; and WHEREAS, the project is considered a project as defined by the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq.; and
WHEREAS, The Development Services Director has determined that the project qualifies for a Categorical Exemption from the provisions of California Environmental Quality Act (CEQA), pursuant to Article 19, Section 15301, Existing Facilities, since the project consists of a negligible expansion of use within an existing structure; and

CUP-24-0011

WHEREAS, The City of Upland Planning Division on February 13, 2025, posted two (2) true and correct copies of the legal notice at the Upland City Hall Bulletin Board and at the Upland Public Library in accordance with the Upland Municipal Code Section 17.46.020; and
WHEREAS, The City of Upland Planning Division on February 13, 2025, mailed the public hearing notice to each property owner within a 300-foot radius of the project site indicating the date and time of the public hearing in compliance with state law concerning the Project; and
WHEREAS, The City of Upland Planning Division on February 14, 2025, published a legal notice in the Inland Valley Daily Bulletin, a local paper of general circulation, indicating the date and time of the public hearing in compliance with state law concerning the Project; and
WHEREAS, The City of Upland Planning Commission conducted a duly noticed public hearing on February 26, 2025, at which time it received public testimony concerning the Project, and considered the CEQA for the proposed project.

NOW, THEREFORE, the Planning Commission hereby finds, determines and resolves as follows:

Section 1. FINDINGS. The Planning Commission hereby makes the following findings and determinations in connection with the approval of the Project:

A. The above Recitals are true and correct and are incorporated herein by this reference.

B. The project is consistent with the following General Plan Policies and Historic Downtown Upland Specific Plan goals and/or policies:

1. Goal PFS-4: A community with educational services and facilities that meet the demands of existing and new development.

Fact: The public institute will provide educational services that meet the demands of existing and new development, specifically providing educational access to existing and future students.

2. Policy PFS-2.11 Emergency Vehicle Access. Require new development to be accessible to emergency vehicles and to not impede the ability of service providers to provide adequate emergency response.

Fact: The site, as conditioned, will be physically suitable for the use in terms of student numbers, parking, and pick up and drop off congestion.

The existing building will receive an interior tenant improvement in order to meet the needs of the operation of the school. The existing site provides adequate access for emergency and public service vehicles.

CUP-24-0011

3. Policy LU-5.1 Complementary Uses. Encourage the development of complementary land uses such as grocery stores, basic commercial services, parks and recreational fields, and schools in close proximity to residential uses.

Fact: The institute will serve as a continued benefit to the surrounding community continuing to provide an additional local educational facility.

C. Per Upland Municipal Code Section 17.44.040(F), the review and decision- making authority may approve an application for a conditional use permit only if the proposed project complies with applicable standards in the Zoning Code, other City ordinances, the General Plan, and any other applicable community or specific plans, and as supported by all of the following findings:

1. Finding: The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses near the subject property.

Evidence: The proposed use of the educational institute is appropriate at the proposed location, as the site is adequate in size and shape to accommodate the use of the school. The use is permitted in the Office Professional (OP) zone with the approval of an Conditional Use Permit.

The building layout consists of 36,150 square feet of educational institute space. The building is adequate in size and configuration and accommodates twenty-seven (27) classrooms, auditorium, offices, library, and bathrooms. The school will be open Monday through Friday from 7:00 a.m. to 6:00 p.m. and will be closed on Weekends. As such, the use will operate at a similar intensity and within similar hours as the existing businesses.

2. Finding: The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g. fire and medical) access and public services and utilities.

Evidence: The site is an existing location, which is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency (e.g. fire and medical) access and public services and utilities because the use is located within an existing site that provides for tenant spaces for the operation of the use and provides adequate parking. All work will take place inside the building. The parking and on-site circulation will remain unchanged which will continue to allow access to the site. The site is located on the south of Foothill Boulevard.

3. Finding: The proposed use will not be detrimental to the public health, safety, and welfare of the persons residing or working in the neighborhood of the proposed use.

CUP-24-0011

Evidence: No evidence exists to suggest that the proposed use will be detrimental to or endanger the public health, safety, or general welfare.

Substantial investment in the area is proposed and the use will draw additional employees and customers. The use has been reviewed, and appropriately conditioned by the Building and Safety Division, Public Works Department, Police Department and San Bernardino County Fire Department to ensure the public health, safety, and welfare of the community.

Section 2. DETERMINATION. In light of the evidence presented at the hearing on this application, and based on the findings set forth above, the Planning Commission hereby finds the requirements necessary for the approval of the Project, subject to all applicable provisions of the Upland Municipal Code, and the following conditions of approval:

10.0 General Conditions

10.1 All Ordinances, Policy Resolutions, and Standards of the City in effect at the time this project is approved shall be complied with as a condition of this approval.

10.2 The project shall comply with development standards and guidelines prescribed within the Upland Municipal Code.

10.3 Current and future property owners, business managers, operators, etc. shall be responsible for ensuring and complying with all conditions of approval contained herein.

10.4 Prior to issuance of future permits, development plans shall be subject to plan check with the Planning Division, Building Division, Engineering Division, Public Works Department and Fire Department.

10.5 To the maximum extent permitted by law, Applicant must defend, indemnify, and hold City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City ("Indemnitees") harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant's activities in connection with CUP-24-0011 ("Project") on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant's contractors, agents, tenants, employees or any other persons acting on Applicant's behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project.

CUP-24-0011

In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will promptly notify the Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days' notice from the City of any such action, Applicant shall provide to City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City's legal team to continue working on the matter. City shall only refund to Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice that the Applicant reasonably approves. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s) or take any position adverse to the Applicant in connection with such third-party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, whether at the request of the Applicant.

10.6 Within 15 business days of this approval the Property Owner or Project Applicant shall submit to the Development Services Department written evidence of agreement with all conditions of this approval before the approval becomes effective. (UMC 17.45.030)

10.7 Expansion of project beyond the scope and nature of the project, which would increase the projected scale of the project, shall not be permitted except upon application for and approval of modification to this approval.

10.8 Any improvement, building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained, or any use of any building or land which is conducted, operated or maintained contrary to the provisions of the Zoning Ordinance, or contrary to any detailed statement, plan, or condition of approval, approved in accordance with the provisions of the Zoning Ordinance shall be and the same is declared to be a violation of the Zoning Ordinance and is unlawful and a public nuisance.

CUP-24-0011

10.9 Termination of approval if either: (1) development has not been diligently commenced and actively pursued to completion thereafter within a two (2) year period from the date of approval (i.e. February 26, 2027); or, (2) if the use approved hereunder is discontinued for a period of one hundred and eighty days or longer; or, (3) non- compliance with any provision of the Upland Municipal (UMC) not specifically waived in compliance with City procedures.

20.0 Planning Division Conditions

20.1 The business shall comply with all of the conditions of approval that authorizes its operation.

20.2 Any changes to the use or expansion of the business shall be subject to the review and approval of the Development Services Director.

20.3 If any community issues arise, such as noise, odors, parking, crime, etc., the owner/applicant shall be responsible for immediate implementation of measures to address the issues, including additional restrictions on the intensity of the use, to the satisfaction of the Development Services Director and/or Police Chief.

20.4 The owner/applicant shall maintain the property free of outdoor storage, display, or staging. The owner/applicant shall be responsible for maintaining the premises in a clean and orderly condition, without outdoor storage of materials or clutter of any type, and free of graffiti and litter, and shall be responsible for its removal within 24 hours of its appearance.

20.5 The school shall be limited to a total student body of 550 students.

20.6 School staff shall regularly police the area to prevent loitering.

20.7 Hours of operation for the school are from 7:00 A.M. to 6:00 P.M., Monday through Friday. Student hours are from 8:00 A.M. to 3:00 P.M.

Monday through Friday. Afterschool programs and related school activities operate till 6:00 P.M.

20.8 Playground hours of operation shall be limited to 8:00 am to 6:00 pm.

20.9 On-site pick-up and drop-off shall be appropriately signed, marked, and staffed to ensure drivers are aware of expected circulation patterns.

20.10 If traffic or circulation issues occur as a result of this use the operator is required to make any modifications to operation of the school, up to and including suspending the use, necessary to resolve the issues, to the satisfaction of the Development Services Director.

30.0 Building and Safety Conditions

CUP-24-0011

30.1 A Certified Access Specialist (CASp) inspection of the interior and exterior site areas is required prior to final inspection to ensure compliance with ADA accessibility standards.

40.0 Police Department

40.1 The approved conditions shall be retained on the premises at all times and produced immediately upon request of the Upland Police Department, and Planning Division.

40.2 A 6-month review/inspection shall be conducted to ensure permittee's compliance with all operating conditions.

40.3 The applicant, business owner/licensee, employees, independent contractor, and/or any other persons associated with this project shall strictly adhere to the:California Department of Public Health and CDC guidelines for COVID-19. It is essential that all possible steps be taken to ensure the safety of the public with prevention practices.

40.4 Graffiti abatement by the business owner/licensee shall be immediate and ongoing on the licensed premises, but in no event shall graffiti be allowed unabated on the premises for more than 48 hours. Abatement shall take the form of removal or shall be covered/painted over with a color reasonably matching the color of the existing building, structure, or other surface being abated. Additionally, the business owner/licensee shall notify the City within 24 hours of any graffiti elsewhere on the property not under the business owner/licensee's control so that it may be abated by the property owner.

40.5 The rear perimeter of the business site shall be encased in a wrought iron or tubular steel fence. The fence shall have signs posted at 10-yard intervals stating "No Trespassing or Loitering on the Property, Violators will be cited or arrested." With the telephone number to the Upland Police Department (909) 946-7624 printed on the signs. The size, format, placement and languages of the sign or signs shall be determined by the Police Department. Generally, the signs should be 24 inches in Length and 14 inches in width with the print of sufficient size to make them clearly readable.

40.6 Emergency contact information shall be readily accessible to law enforcement personnel in case of any emergency pertaining to the students attending the facility.

40.7 Double-entry swinging doors shall include an astragal device mounted on the interior of the non-operative (stationary) door which will deter prying from the exterior of the doors when a prying device is inserted between both doors when they are in a closed locked position.

CUP-24-0011

40.8 Hinges for outwardly swinging shall be equipped with non-removable hinge pins or a mechanical interlock system to prevent removal of the door from the exterior by removal of the hinge pins.

40.9 All hatchways shall be secured from the interior of the building with a sliding bat or bar mechanism.

40.10 Hinges on hatchway covers that are exposed to the exterior shall be equipped with non-removable hinge pins.

40.11 Address numbering/lettering must be affixed in a conspicuous location, free from plant obstruction, and readily visible to emergency services personnel.

40.12 The business shall be required to provide adequate staff as crossing guards, during pick-up and drop-off ties, in any areas within their control where there is a potential for vehicles and students to come into conflict.

40.13 All doors shall be alarmed so as to notify staff when someone is entering or leaving through any point other than the main entrance.

40.14 All visitors shall enter/ exit through one single main entrance. Prior to entering the main school facility, visitors shall be identified and "buzzed" in upon clearance of their legitimate business at the facility.

40.15 The business shall have an emergency plan in place to deal with natural an manmade disasters (hostage and active shooter events) to the satisfaction of the Chief of Police or his/her designee.

40.16 Prior to the issuance of a Certificate of Occupancy, the Police Department shall perform a final inspection to ensure the implementation of all conditions of a of approval, subject to approval of the Chief of Police.
40,17 Units with front and rear drive access shall affix or paint address numbering/lettering in a conspicuous location, free from plant obstruction, and readily visible to emergency services personnel on both front and rear accesses.

40.18 Lighting shall be required in all areas of public access.

40.19 All exterior lighting shall be oriented inward onto the project so as not to interfere with adjacent residential areas or vehicular traffic on adjacent public streets.

40.20 Signs prohibiting loitering shall be installed to the satisfaction of the Chief of Police. They shall be mounted between six and ten feet above ground. The following must be printed on the sign in letters at least two inches tall: "PC647(h)" and "NO LOITERING IS ALLOWED ON OR IN

CUP-24-0011

FRONT OF THESE PREMISES." The signs shall be posted on the front, rear, and sides of the building, and shall be clearly visible to patrons of the licensee.

40.21 It is required to have surveillance video/visual media that shall be maintained for a minimum of sixty (60) days and upon request, shall be accessible to law enforcement personnel for viewing, copying and collection purposes during regular business hours. The system shall be able to make license plates discernable. The video system shall cover all ingress and egress points of the businesses parking lots, the building itself, and the rear perimeter of the building.

40.22 Provide UPD with contact information of person responsible for maintaining video equipment/system and who has access to retrieve and copy surveillance video. The surveillance video/visual media system shall be remotely accessible to the Upland Police Department.

40.23 All landscaping must adhere to the 2'6" rule (all ground cover landscaping must be .maintained no higher than 2' form ground level and all lower tree canopy must be maintained no lower than 6' in height from the ground level).

40.24 All landscaped areas shall be maintained in healthy and thriving condition, free from weeds, trash and debris at all times.

40.25 Any vehicles not parked legally may be cited and/or towed if it is in the Californiar d M C .

40.26 The violation managementofnd al emplVehicleoyeesCode of the and/premiseUplan shall be required to
prevent loitering in the parking lot of the site. The management and employees of the licensed premise shall regularly police the area under its control to prevent loitering of persons about the premises.

40.27 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control free of litter.

40.28 Applicant shall comply with 6404.5(b) of the Labor Code, which prohibits smoking within any place of employment.

40.29 The Developer, builder, contractors, sub-contractors, and any other persons associated with this project shall adhere to the Upland Municipal Code (UMC) dealing with unnecessary noises under section 9.40.100.

Furthermore, prior to the beginning of construction and/or remodeling, a sign shall be posted at the entrance of the property educating everyone entering as to the authorized construction times and failure to comply with such requirements will result in an immediate citation for violating the aforementioned UMC section.

CUP-24-0011

40.30 Prior to occupancy, the Police Department will conduct an on-site inspection of the property, checking proper lighting has been installed throughout the property, proper locks on exterior doors and doors leading to the interior are in place and functioning properly. In addition, the Police Department will check that proper addressing/lettering has been installed.

40.31 All exterior doors shall be equipped with a lighting device capable of providing a minimum of two foot-candle of light at ground level.

40.32 All exterior lighting lower than 12 feet from the ground level shall be enclosed in vandal-resistant covers.

40.33 Loitering is prohibited on or around these premises or the area under the control of the applicant.

40.34 Noise emanating from the property shall be within the limitations prescribed by the City's noise ordinance and shall not create a nuisance to surrounding residential neighborhoods and/or commercial establishments.

40.35 If any community issues arise, such as noise, odors, parking, crime, etc., the owner/operator shall be responsible for immediate implementation of measures to address the issues, including additional restrictions on the intensity of the use, to the satisfaction of the Development Services Director and/or the Police Chief.

40.36 If the applicant, business owner/licensee, employees, independent contractors, or anyone associated with the business that engages in illicit criminal activity on the premises, or violates any conditions of. approval, the City may commence revocation proceedings consistent with the provision of Upland Municipal Code (UMC 17.45.100).

40.37 Adhere to all local, state, and federal laws. Violation of any local, state, or federal laws will result in revocation of this permit and/or criminal prosecution.

50.0 Review/Compliance

50.1 The Planning Commission may review the use 90 days, 180 days, and on an annual basis following the date of final inspection, or as needed at the discretion of the Development Services Director, to determine whether the applicant and operators are operating the use in a manner that is compatible with the community. The Planning Commission may establish additional conditions of approval that are necessary to eliminate any issues that arise from the operation of the use that adversely impact the public health, welfare, and safety, or may direct staff to initiate revocation proceedings. The conditional use permit may be revoked if the permittee, his agents or assigns, or employee(s) of

CUP-24-0011

the establishment, or any other person connected or associated with the permittee or his business establishment, or any person who is exercising managerial authority of the business establishment has:
a. Violated any rule, regulation, or condition of approval adopted by the Planning Commission relating to the conditional use permit or contained in the Upland Municipal Code, or state or federal regulations. Violation of any provision of the Upland Municipal Code (UMC) or the conditions of approval set forth in this resolution, shall be deemed to constitute an infraction of the Upland Municipal Code, and shall be subject to the applicable fines and penalties, including the possibility of revocation of this permit.
b. Conducted the operation permitted hereunder in a manner contrary to the peace, health, safety, and general welfare of the public, or in a manner which either generates or contributes to noise and/or health/sanitation: nuisances, or which results in undesirable activities that negatively affects adjacent properties or creates an increased demand for public services.

50.2 The owner/applicant shall return before the Planning Commission at a public hearing to review Conditional Use Permit No. CUP-24-0011 one (1) year after the use is initiated to evaluate efficiency of operations and pick-up and drop-off procedures to determine whether modifications to the conditions of approval are necessary.

Section 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The project is Categorically Exempt from environmental proceedings pursuant to Article :19, Section 15301, Existing Facilities, since the project consists of a negligible expansion of use within an existing structure.

Section 5. APPEAL. Pursuant to Upland Municipal Code Section 17.47.040, the decision of the Planning Commission may be appealed to the City Council provided that written notice of the appeal is filed with the City Clerk within ten (10) days following the date the decision was rendered, unless a longer appeal period is specified as part of the project approval. Failure to file a timely appeal shall constitute a waiver of the right of appeal, and the decision of the Planning Commission shall be final.

Section 6. SEVERABILITY. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Planning Commission hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

CUP-24-0011

Section 7. CERTIFICATION. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this Resolution, and shall cause this Resolution and their certification to be entered in the Book of Resolutions of the Planning Commission of the City.

Section 8. EFFECTIVE DATE. This Resolution shall become effective ten (10) days after its passage and adoption unless appealed prior to that time. 6211. 14;..)10ApAtZtei
Robin Aspinall, CHAI

CUP-24-0011

ATTEST:

Ro ert D. Da!quest, SECRETARY
I HEREBY CERTIFY that the foregoing Resolution was duly and regularly passed and adopted by the Planning Commission of the City of Upland at a regular adjourned meeting thereof held on the 26th day of February, 2025, by the following vote:

AYES: Chair Aspinall, Vice-Chair Staton, Commissioners Andrews, Borger, Caldwell, Johnson, and Marroquin
NAYS: Non
ABSENT: None
ABSTAIN: None
Robert D. Da!quest, SECRETARY

CERTIFIED PROPERTY OWNERS' LIST

AFFIDAVIT

STATE OF CALIFORNIA

CITY OF UPLAND

COUNTY OF SAN BERNARDINO
I, Robert E. Cuellar Hereby certify that the attached list contains the names and addresses of all persons to whom all property is assessed as they appear on the latest available assessment roll of the County of San Bernardino within the area described on the attached application and for a distance of three hundred (300) feet from the exterior boundaries of the property described on the attached application.

I certify under penalty of perjury that the foregoing is true and correct.

Signed •
Date: MARCH 10, 2025
20 W. 7TH STREET

1047-041-08-0000 1047-041-09-0000 1047-041-10-0000 DANIELLE D MUNOZ CYNTHIA LYNN KITTLESON GABRIEL P CHAVEZ 359 S EUCLID AVE 367 S EUCLID AVE 375 S EUCLID AVE UPLAND CA 91786 UPLAND CA 91786 UPLAND CA 91786 1047-041-11-0000 1047-041-12-0000 1047-041-13-0000 VINCENT E LEE RICK ESCALONA MANUEL D ARAUJO ZAVALA 794 N EUCLID AVE 395 S EUCLID AVE 53 W 7TH ST
UPLAND CA 91786 UPLAND CA 91786 UPLAND CA 91786 1047-041-14-0000 1047-041-15-0000 1047-041-16-0000 QUESADA MARIO ROBERT JR LIV TR SALVATORE M BARTOLOTTA ANNELLE M ARMANDAN 71 W 7TH ST 378 S LAUREL AVE 10005 NORWICK ST
UPLAND CA 91786 UPLAND CA 91786 RANCHO CUCAMONGA CA 91730 1047-041-17-0000 1047-046-08-0000 1047-046-09-0000 DAURA L BEARD SHIRLEY SHIRLEY F TR KONING FAMILY REVOCABLE TRUST 154 W FOOTHILL BLVD#201 P 0 BOX 1062 138 ORCHARD LN UPLAND CA 91786 UPLAND CA 91785 UPLAND CA 91786 1047-046-10-0000 1047-046-11-0000 1047-046-12-0000 KAUR KULWANT LIVING TRUST 5/27/13 PERRY IRV LLC RUDY CORDERO 112 ORCHARD LN 1216 SONATINA DR 123 W 7TH ST
UPLAND CA 91786 HENDERSON NV 89052 UPLAND CA 91786 1047-046-13-0000 1047-046-14-0000 1047-046-15-0000 ANNETTE VASQUEZ SALVADOR D MEZA JR LOYA LIVING TRUST 11/4/21 145 W 7TH ST 163 W 7TH ST 177 W 7TH ST
UPLAND CA 91786 UPLAND CA 91786 UPLAND CA 91786 1047-046-16-0000 1047-046-17-0000 1047-046-18-0000 MORALES FAMILY TRUST(5/18/2001) STEFANIE AGUILAR KEITH ROGER L&NANCY L REV TR 197 W 7TH ST 213 W 7TH ST 221 W 7TH ST
UPLAND CA 91786 UPLAND CA 91786 UPLAND CA 91786 1047-046-19-0000 1047-071-26-0000 1047-252-08-0000 MARK A ANDERSON HESTLOW FAMILY TRUST 1/19/12 PALICKI FAMILY TRUST 7/8/2014 245 W 7TH ST 396 S EUCLID AVE 234 W CAROLINE CT UPLAND CA 91786 UPLAND CA 91786 ONTARIO CA 91762 1047-252-10-0000 1047-252-11-0000 1047-252-31-0000 ERASMO ESPINOSA JR ALVIN WILSON BROWN DOUG G SHIRLEY 1548 KENMORE CT 1552 KENMORE CT 230 W CAROLINE CT ONTARIO CA 91762 ONTARIO CA 91762 ONTARIO CA 91762 1047-261-01-0000 1047-261-02-0000 1047-261-03-0000 ELIZABETH FELIX PFAFF RONALD&NANCY TRUST 7/21/14 RAYGOZA FAMILY TRUST 4/28/11 234 W 7TH ST 415 WHITE AVE 235 AZURA CT
UPLAND CA 91786 UPLAND CA 91786 UPLAND CA 91786

1047-261-04-0000 1047-261-05-0000 1047-261-12-0000 JOSE ANTONIO CAMACHO PLUMP REVOCABLE TRUST DENISE YARBROUGH 265 AZURE CT 297 AZURE CT 272 W 7TH ST UPLAND CA 91786 UPLAND CA 91786 UPLAND CA 91786 1047-261-13-0000 1047-262-08-0000 1047-262-09-0000 VAGNOZZI LYNN K REVOCABLE TR RYAN A GUARDADO RAQUEL E MERLO 268 W 7TH ST 298 AZURE CT 276 AZURE CT
UPLAND CA 91786 UPLAND CA 91786 UPLAND CA 91786 1047-262-10-0000 1047-262-11-0000 1047-262-12-0000 SCHROEDER LARRY&LETICIA LIV TR EPPS LIVING TRUST 6/29/23 MUKHTI INVESTMENT GROUP LLC 254 AZURE CT P 0 BOX 1478 1609 TYLER DR UPLAND CA 91786 CLAREMONT CA 91711 FULLERTON CA 92835 1047-262-13-0000 1047-262-14-0000 1047-262-17-0000 ALLEN R BOOK GEORGE DE PADEE DAVID RODRIGUEZ 192 W SEVENTH ST 174 W 7TH ST 122 W 7TH ST
UPLAND CA 91786 UPLAND CA 91786 UPLAND CA 91786 1047-262-18-0000 1047-262-19-0000 1047-262-23,28,29-0000 DANIEL VALDIVIA MANUEL M PRIETO THE STEWART GROUP LLC 102 W 7TH ST 78 W SEVENTH ST 2612 26TH ST
UPLAND CA 91786 UPLAND CA 91786 SANTA MONICA CA 90405 1047-262-25-0000 1047-262-30-0000 LOUIS SMITH STORE MASTER FUNDING VI LLC MARKUS W TOLMAN 9463 SHERWOOD DRIVE 8377 E HARTFORD DR#100 148 W 7TH ST RANCHO CUCAMONGA CA 91737 SCOTTSDALE AZ 85255 UPLAND CA 91786

GC MAPPING SERVICE INC
ATTN:GILBERT CASTRO
3055 W VALLEY BLVD
ALHAMBRA CA 91803

SCHOLARSHIP PREP
. PUBLIC SCHOOLS
October 28,2024
Delivered Via Email:
[email protected]
David Stewart BotfeId
Stewart Group Upland LLC
2612 26n"Street
Santa Monica, CA 90405
Notarized Letter of Authorization 120 West 7th Street,Upland,CA 91786 ("Property") Dear Mr. David Botfeld,
This letter shall serve as an authorization for Scholarship Prep Public Schools ("Tenant") to work with the city of Upland Planning Department to apply for and/or amend the existing Conditional Use Permit("CUP") for the above reference Property.

Very truly yours,
Sarah Schoenfeld-Nakamoto
Chief Operating Officer
CC: Matthew Mailers,CURE
SCR LAMP lSTANDARD 6 EQUITY 18 ESSENTIAL 6 PARTNERSHIPS 770 The City Drive South,Suite 4200.Orange,CA.92868•(7141 795-3729•scholarshipschools,org

SCHOLARSHIP PREP

PUBLIC SCHOOLS
The undersigned individual warrants that they have signature authority for their respective parties.

Property Owner:

Stewart Group Upland, LLC
Name:

David Botfel
d res
2612 26t"Str et
Santa Monica,CA 90405
Cll OLAR :HIP CS STANDARD @ EDWIN IS ESSENTIAL 0 PARTNERSHIPS ARE POWER 770 The City Drive South,Suite 4200.Orange,CA.92868.1714}795-3729•scholorshipschools.org

CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
....4..;.....,:,.,.•tw...:..:..:}..,�.�.�C >4;, :.i+. w`�.t .� S- :is >5 ..... .9: ..:... s:i'�;:t{}:�+.'' A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.

State of California 1 County 9f LOS 14.0 7 1 Ono v 9f SO, ,-) befo e me, l,� vac,,,,Y D J J)JXG1 \ rr )b�lc Date a t iserte and Title of`he Officer Y personally appeared _ l U D ' - C
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument.

I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
NICQLE I. BRAQLEY LOPEZ paragraph is true and correct.

Comm.No.2432927 0
NOTARVPUULIC-CALIFORNIA co WITNESS my ha and official seal "Sqr LOS ANGELES COUNTY s
a . My Comm.Exp.DEC,31,2026
Signature
Place Notary Seal and/or Stamp Above Signature of Nato Pu

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer— Title(s): 0 Corporate Officer— Title(s):
❑ Partner— ❑ Limited 0 General ❑ Partner— ❑ Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: 0 Other:

Signer is Representing: Signer is Representing:
- `:.Y. xis.' _ _ •.3"s1-v :v1". .. .... .... ti{}_.`mm.-r..-...r r r . ©2019 National Notary Association

INLAND VALLEY

DAILY BULLE I'IN
Local. News. Matters.
dailybulletin.com
3200 Guasti Rd. Suite 100
Ontario, California 91761
(909) 987-6397
[email protected]
UPLAND CITY OF-LEGAL - Development Services Column
460 N EUCLID AVE
UPLAND, California 91786
Account Number: 5039730
Ad Order Number: 0011719696
Customer's Reference/PO Number:

Publication: Daily Bulletin-SB
Publication Dates: 02/14/2025
Total Amount: $558.54
Payment Amount: $0.00
Amount Due: $558.54
Notice ID: ZgKOHgyIFKeDk07joKN2
Invoice Text: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Upland will hold a public hearing on Wednesday, February 26, 2025 at 6:30 p.m., or as soon thereafter as the case may be heard, in the Council Chambers of the Upland City Hall, 460 North Euclid Avenue, Upland, CA 91786,to consider a request for: PROJECT DESCRIPTION: Conditional Use Permit No. 24- 0011—A request to establish a charter school serving grades ranging from Transitional Kindergarten (TK)to 8th Grade, known as"Scholarship Prep",within two existing institutional buildings totaling 36,150 square feet of building area and 18,094 square feet play area within the Office Professional (OP)general plan designation and Office Professional (OP)zone located at 20 and 30 W. 7th street(APN: 1047- 262-26).APPLICANT: Jason Watts, 770 The City Drive South, Suite 4200, Orange, CA 92868 ENVIRONMENTAL ASSESSMENT:This project is Categorically Exempt from the California Environmental Quality Act(CEQA) pursuant to Article 19, Section 15301, Existing Facilities, Class 1 (a), of the CEQA Guidelines, since the proposed project consisting of a negligible change in use within an existing structure. Notice and conduct of public hearing will be in accordance with all pertinent provisions of Chapter 2.7(Planning and Zoning)of Division 1 of Title 7 of the Government Code of the State of California and Upland Municipal Code Title 17(Zoning Ordinance).All plans, environmental information, and other data pertinent to the proposed project are filed in the City of Upland's Development Services Department or on the City's website at http://uplandca.gov and will be available for inspection prior to the public hearing.All interested persons are invited to attend this public hearing and express DS - CUP-24-0011 2.26.25 - Page 1 of 1

INLAND VALLEY

DAILY BULLETIN
Local.News.Matters.
dailybulletin.com

NOTICE OF PUBLIC HEARING
Daily Bulletin-SB
3200 Guasti Rd.Suite 100 NOTICE IS HEREBY GIVEN that the Planning Ontario,California 91761 Commission of the City of Upland will hold a public 987-6397 hearing on Wednesday, February 26, 2025 at 6:30 (909) p.m., or as soon thereafter as the case may be heard, In the Council Chambers of the Upland City
0011719696 Hall,460 North Euclid Avenue,Upland,CA 91786,to consider a request for:

UPLAND CITY OF-LEGAL- Development Services Permit Na 24 00 1 LAu equestCtodit tallish sa Column charter school serving grades ranging from 460 N EUCLID AVE Transitional Kindergarten (TK) to 8th Grade, known as "Scholarship Prep", within two existing
UPLAND, California 91786 institutional buildings totaling 36,150 square feet of building area and 18,094 square feet play area
within the Office Professional (OP) general plan
PROOF OF PUBLICATION designation and Office Professional (OP) zone located at 20 and 30 W. 7th street (APN: 1047-262-
(2015.5 C.C.P.) 26).

APPLICANT: Jason Watts, 770 The City Drive
STATE OF CALIFORNIA South,Suite 4200,Orange,CA 92868 County of San Bernardino ci-
1NCRgoMFllyA SN This
psatt ally Exempt from the California
Environmental Quality Act (CEQA) pursuant to
Article 19, Section 15301, Existing Facilities, Class
1 (a), of the CEQA Guidelines, since the proposed
I am a citizen of the United States and a resident of the protect consisting of u negligible change in use County aforesaid; I am over the age of eighteen years, within an existing structure. and not party to or interested in the above-entitled Notice and conduct of public hearing will be in accordance with all pertinent provisions of Chapter
matter. I am the principal clerk of the printer of Daily 2.7 (Planning and Zoning) of Division 1 of Title 7 Bulletin-SB, a newspaper of general circulation, printed of the Government Code of the state of California and Upland Municipal Code Title 17 (Zoning
and published in the City of Ontario*, County of San Ordinance).All plans,environmental information, B newspaper has been adjudged a and other data pertinent to the proposed protect are Bernardino, and which news
p p 1 g filed in the City of Upland's Development Services newspaper of general circulation by the Superior Court of Department or on the City's website at littp:// County of San Bernardino, State of California, under the uplandca.gov and will be available for inspection prior to the public hearing. All interested persons
date of June 15, 1945, Decree No. Pomo C-606. The are invited to attend this public hearing and express notice, of which the annexed is a printed copy (set in their opinions for or against the proposal. type not smaller than nonpareil), has been published in If you challenge this prolect, or the related environmental determinations in court,you may be
each regular and entire issue of said newspaper and not limited to raising only those issues you or someone in any supplement thereof on the following dates, to wit: else raised at the public hearing described in this notice, or In written correspondence delivered to
the City of Upland,at or prior to,the public hearing.
02/1412025 If you have any questions, please contact Andrew R. Arellana, Assistant Planner, at aarellano@
uplandca.gov or by phone at(909)931-4398.

I certify (or declare) under the penalty of perjury that the foregoing is true and correct. it is the intention of the City of Upland to comply with the Americans with Disabilities Act (ADA).

If you require special assistance beyond what
Dated at Ontario, California is normally provided, the City wi€l attempt to accommodate you in every reasonable manner.

Please contact the City Clerk's Office at (909) 931-
On this 14th day of February, 2025. 4120 at least 48 hours prior to the meeting to inform us of your particular needs.

Robert D. Da!quest,Secretary
Upland Planning Commission
goo.. Published: February 14,2025
Signature Inland Valley Daily Bulletin-SB
g Published:2/14/25
*Daily Bulletin-SB circulation includes the following cities:Ontario, Rancho Cucamonga,Upland
DS - CUP-24-0011 2.26.25 - Page 1 of 1

17PA��
b CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
nod fete
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit,other entitlement for use,franchise, or contract(collectively"license, permit,or contract")if they receive political contribution(s)from a party, or its agent(s), totaling more than $500 within the twelve (12) months before the proceeding, while a proceeding is pending,and for twelve(12) months following the date of a final decision in a proceeding.

The Levine Act also requires a member of the Upland City Council who has received such a contribution to disclose the contribution on the record of the proceeding and recuse themselves before the proceeding unless the violation has been properly cured.

Current Upland City Council Members are listed at:
https:/LwAv.up[andca.gov/ctty-council-treasurer
v_upiandca.gov/city-council-treasurer
Parties and their Agents are responsible for accessing the link to review the names and disclosing their applicable contributions to City Officers on the record of a proceeding.

As a party to a proceeding,you are also required to provide information below about contributions made by you, your agents on behalf of you or your organization, your organization subject to the proceeding with the City,and any organization you direct or control pursuant to the aggregation rules at FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. This form is to be submitted to the City of Upland and is a public record. If you have any questions about this form, please contact your City representative for assistance.

1.Have you or your company,or any agent/board member on behalf of you or your company/entity,made any political contributions of more than $500 to any Upland City Council Member in the 12 months preceding the date of the submission of your proposal or application,or the anticipated date of any Council action?
YES If yes, please identify the Council Member(s):
)(NO

2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $500 to any Upland City Council Member in the 12 months following any Council action related to your proposal or application? YES If yes,please identify the Council;41,10
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action.It does, however, preclude the identified Council Member(s)from participating in any actions related to your,,proposal or application.

Date .-Signa ure of authorized individual elLid9e. A1-eAdel
Company/Applicant Dame
(Levine Act definitions on reverse side)

LEVINE ACT DISCLOSURE STATEMENT DEFINITIONS
Term Definition Law
A proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that
does not solely involve purely ministerial decisions
and is:

Covered (1)Applied for by the party; FPPC Reg 18438.2(a) "proceedings" (2)Formally or informally requested by the party; or (3)A contract between the agency and the party or a
franchisee granted by the agency to the party, other
than a contract that is competitively bid, a labor
contract, or a personal employment contract.

Any person who files an application for, or is the
Party subject of, a proceeding involving a license, permit, or Gov. Code 84308(a)(1) other entitlement for use.

Any person who is not a party but who actively
supports or opposes a particular decision in a
proceeding involving a license, permit, or other
entitlement for use and who has a financial interest in Gov. Code 84308(a)(2) Participant the decision.A person actively supports or opposes a FPPC Rea 18438.4 particular decision in a proceeding if that person
lobbies in person the officers or employees of the
agency, testifies in person before the agency, or
otherwise acts to influence officers of the agency.

A person who represents a party or participant for
compensation and appears before or otherwise
Agent communicates with the governmental agency for the FPPC Reg 18438.3 purpose of influencing the pending proceeding. See
FPPC Reg 18438.3 for exceptions for certain
consultants.

A contract required by law to be awarded to the lowest
responsible bidder with a responsive bid, or, if the FPPC Reg Competitively Bid successful bidder refuses or fails to execute the 18438.2(a)(3)(A) contract, to the next lowest bidder with a responsive
bid.

A contract or agreement reached through collective
bargaining or with a representative group regarding 1 Labor Contract the salary, benefits, or terms and conditions under an FPPC Reg employment or retirement policy for employees or 18438.2(a)(3)(BI retirees, including a project labor agreement entered
under Public Contract Code Section 2500.

Personal A contract for employment, including the terms and Employment conditions of employment, between the agency and FPPC Reg Contract an agency employee.A contract with an independent 18438.2(a)(3)(C)-(D) contractor is NOT a personal employment contract.

9 SCHOLARSHIP PREP
' PUBLIC SCHOOLS
Subject: Response to Appeal of CUP Approval for 20 W. 7th Street, Upland, CA To: Upland City Council
From: Jason Watts,Executive Director, Scholarship Prep Charter Schools Date: Wednesday,April 30,2025
Dear Honorable Members of the Upland City Council,
I am writing in response to the appeal filed by the CEO of Stone Ridge Academy(SRA)regarding the Conditional Use Permit(CUP)granted to Scholarship Prep for 20 W. 7th Street in Upland, CA. This letter aims to respectfully correct the record,reinforce the integrity of the City of Upland's Planning Commission, and advocate for the Council's support in upholding the Commission's unanimous CUP approval.

I.Background and Intent
Scholarship Prep is a public charter school network focused on serving socioeconomically disadvantaged students through high-quality academic programming and comprehensive wraparound services. Since 2016,we have successfully operated schools across Southern California and have been granted a charter by the San Bernardino County Board of Education(SBCBOE)to open a new campus in Upland.As part of our due diligence,we filed a Conditional Use Permit(CUP) application with the City of Upland to increase the total allowable occupancy at the subject site, 20 W. 7th Street.

The property owner, fully within their legal rights,has opted to engage with Scholarship Prep regarding future tenancy. Scholarship Prep intends to occupy the facility as a TK-8 public charter school once the site becomes available for occupancy.

II.Rebuttals to Appeal Claims

1.Misrepresentation of Intent and Process
• The appeal erroneously alleges unethical conduct, fraud, and breach of public trust by Scholarship Prep. Scholarship Prep followed all city protocols, acted in good faith, and submitted its CUP application prior to site control as part of the City's established planning and zoning process.
• The San Bernardino County Office of Education(SBCOE)has a thorough and diligent charter petition review process which spans many months and is predicated by California Education Code. The SBCBOE receives a comprehensive report, created by staff,prior to voting to approve or deny a charter application.As part of the review process, Scholarship Prep engaged in extensive discussions with the SBCOE staff regarding the status of the facility that were further supported by the property owner.
• Prior to any charter approval from the SBCBOE,I personally disclosed(explained in greater detail below)the status of the property to the San Bernardino County Superintendent of Schools and the County Board. They were fully aware that Scholarship Prep did not yet have site control but that negotiations were underway with the legal property owner. Scholarship Prep never falsely represented any information to the County staff,Board, or City of Upland. aLli4OYED LJmn1 IIII LHRRBt
313 N. Birch St., Ste.103, Santa Ana, CA 92701 scholarshipschools.org z 714.795F: 9227 of 265

9 SCHOLARSHIP PREP
' PUBLIC SCHOOLS

2.False Statements About School Closure
• Scholarship Prep has never stated, in writing or otherwise, during our charter approval process or CUP application,that Stone Ridge Academy is closed. In fact, I met in person with the tenant and the landlord at the property during school operations prior to the CUP application being submitted, so we were aware of the school's operating status at the time of the submission.

3.LOI Validity and Owner's Rights
• During our charter submission and review process,the SBCOE asked us to provide a signed Letter of Intent(LOI)between Scholarship Prep and the property owner,which we did(A copy can be provided upon request), demonstrating our interest in the property. • The SBCOE staff was and continues to understand an LOI is not a legally-binding agreement,nor does it require or provide for legal possession of the property. • The property owner chose to engage with Scholarship Prep based on landlord-tenant contractual matters. The LOI reflects a valid, good-faith agreement to continue engaging in further discussions.

4.Allegations of Fraud and Ethics Violations
• There is no evidence supporting any allegation of fraud, ethical violations, or breaches of the California Business and Professions Code.No part of Scholarship Prep's conduct has violated civil law, development codes,or professional standards. In fact, since our inception in 2016, Scholarship Prep has never been accused of fraud,ethical violations, or breaches of the California Business and Professions Code.Moreover, Scholarship Prep is in good standing with all our authorizers: Los Angeles Unified School District, Orange County Office of Education,Riverside County Office of Education, San Diego County Office of Education, and San Bernardino County Office of Education.
• There was no requirement from the SBCOE or by law to provide evidence of a secured property prior to charter approval.
• There were never any statements made in writing or otherwise that Scholarship Prep was overstating our operational readiness or capacity,particularly considering the organization successfully operates four other sites in three counties and has a strong understanding of both of those components. Thus,the basis of the appellant's argument that Scholarship Prep engaged in "fraudulent misrepresentation"is both patently false and demonstrates a clear lack of knowledge of the charter approval process.
• Our CUP application and intended use were thoroughly vetted and approved by City staff and the Planning Commission. The City of Upland's professional planning process is designed to identify and prevent violations of city or county development or zoning codes, and in our view, it did so appropriately here.

5. CUP Process Integrity
• The City of Upland's Planning Department conducted a rigorous review of our CUP application, which culminated in a unanimous vote by the Planning Commission in favor of approval. This aLli4OYED LJmn1 IIII LHRRBt
313 N. Birch St., Ste.103, Santa Ana, CA 92701 scholarshipschools.org 714.795P228 of 265

9 SCHOLARSHIP PREP
' PUBLIC SCHOOLS
demonstrates a clear validation of the proposed use,traffic study, safety measures,and alignment with community needs and zoning standards.

6.Impact to Students
• Though this matter is strictly a land use issue specific to occupancy,any impact on students attending Stone Ridge Academy is unfortunate and not intended in any way. Scholarship Prep's mission is to serve all students with an emphasis on those most underserved. Thus,we empathize with the students and families affected by this process. • Stone Ridge Academy is a Nonpublic School(NPS). If an NPS is unable to relocate,resulting in a closure, students who require special education services would need to transition to another educational setting that best meets their needs. This could include other nonpublic schools,public school programs, or potentially a different type of educational setting,depending on their Individualized Education Program(IEP)and unique circumstances. The students' originating district or SELPA would work closely with families to identify and support a smooth transition to an appropriate new placement.

7.Breach of Ethical Standards
At Scholarship Prep,we have been intentional with how we engage the constituencies with whom we are affiliated or interact with in a professional,transparent, and partnership-centered manner. Developing strong and trusting relationships is core to the tenets that make our organization successful. The accusations of breaching ethical standards are not reflective of the work we've done and the partnerships we've forged over the last ten years. Our track record speaks for itself.Scholarship Prep intends to be a strong,supportive, and loyal partner to the City of Upland, its students,families, and community agencies.

III.Upholding Public Process and Community Benefit
We believe the CUP approval should be viewed through the lens of:
• Property use alignment: The proposed use(TK-8 school) is consistent with previous educational uses of the property and city zoning regulations.
• Educational equity: Scholarship Prep serves a student population historically underserved by traditional systems and has done so extremely well.
• Community revitalization: The new campus would bring increased safety,valuable educational opportunities to a broader range of students and families within the Upland community and may also boost local businesses.

IV. Conclusion and Request
We urge the Upland City Council to uphold the unanimous Planning Commission decision and dismiss the appeal,which is grounded in inaccurate claims and private tenancy disputes that lie outside the purview of land use and zoning authority. Scholarship Prep stands ready to partner with the City and community to bring a high-quality school option to the deserving families of Upland. aLli4OYED LJmn1 IIII LHRRBt
313 N. Birch St., Ste.103, Santa Ana, CA 92701 scholarshipschools.org 714.795P9229 of 265

9 SCHOLARSHIP PREP
' PUBLIC SCHOOLS
We appreciate your commitment to fairness and the integrity of the city's planning process. Please find attached a point-by-point response to the appeal.

Respectfull
Oii
a son Watts
Executive Director
Scholarship Prep Charter Schools
Attachments:

1. Appeal Rebuttal Summary Table
aLli4OYED LJmn1 IThI'2 LHRRBt
313 N. Birch St., Ste.103, Santa Ana, CA 92701 scholarshipschools.org z 714.79 230 of 265

9 SCHOLARSHIP PREP
' PUBLIC SCHOOLS
Appeal Rebuttal Summary Table
False Claim in Appeal Factual Rebuttal
Scholarship Prep claimed SRA is Scholarship Prep has never stated—verbally or in writing— closed. that Stone Ridge Academy is closed.

Scholarship Prep misled the San Scholarship Prep, as is our standard practice,has been and Bernardino County Office of Education will continue to be transparent and honest with the San (SBCOE)to secure its charter approval. Bernardino County Office of Education(SBCOE) and City of Upland.

The SBCOE was fully informed of the property's status,the CUP status, and was provided with all pertinent information prior to the County Board's approval of the charter.

There is an active escrow on the According to the property owner,there is no open escrow. property.

Scholarship Prep acted unethically or Scholarship Prep has never engaged in fraud or ethical fraudulently. misconduct. City and county protocols were followed with full transparency and disclosure.

The allegations of fraud are baseless, careless,and without merit.

Scholarship Prep is causing conflict or Scholarship Prep's CUP application is independent of any displacing a school tenant. conflict caused by the current tenant-property owner dispute resulting from a lease violation or rent delinquency.

DD140YD77D LJmn1 IThI'2 LHRRBt
313 N. Birch St., Ste.103, Santa Ana, CA 92701 scholarshipschools.org 714.795. �9231 of 265

The Stewart Group, LLC
City of Upland City Council/Planning:

Re:Stone Ridge Academy Tenancy at 20/30 W. 7th Street, Upland To Whom it May Concern:

The Stewart Group, LLC ("Stewart Group") owns the real property located at 20/30 West 7th Street, Upland, California(the "Property"). On or about October 24, 2017,the Stewart Group, as landlord, and Stone Ridge Academy,LLC ("Stone Ridge"), as tenant, entered a lease for the Property (the "Lease"). The Lease commenced on April 15, 2018.

Stone Ridge currently owes $1,502,637 in unpaid rent and an additional $1,205,530.10 in late charges and interest under the Lease. Attached for your reference is a copy of the rent ledger for the Premises. The attached ledger shows that Stone Ridge has failed to consistently pay all amounts owed under the Lease since it commenced.

As a result of Stone Ridge's failure to pay its rent under the Lease, on March 11, 2025, the Stewart Group filed an unlawful detainer action in San Bernadino County Court titled The Stewart Group, LLC v. Stone Ridge Academy, LLC et al. case number LLTSB2500030. In its complaint, the Stewart Group seeks immediate restitution of the Premises, and all rent owed for the past year.

Furtheiiiiore,there is no open escrow relating to the Property. The Stewart Group's offer to sell the Property to Stone Ridge expired on February 15, 2023. Stone Ridge failed to purchase the Property at that time. The Stewart Group has no interest in selling the Property to Stone Ridge, and, most importantly, Stone Ridge has no right to purchase the Property.

The Stewart Group has found a potential tenant who can occupy the Premises starting this year.

This new tenant will continue to use the Premises as a charter school which will have a positive and lasting effect on the Upland community.

We appreciate your help and your working with us on this matter.

Sincerel ,
avi of id
Manager, he Stewart Group LLC
4896-8789-1516.4

Month Rent/Loan Repay Due Payment Received Date Paid or Posted Balance Due w/o Late Charges 09/01/2018 $ 42,720.74 $ 42,720.74 10/25 & 11/13 & 11/23/18 0 10/01/2018 $ 43,220.85 $ 40,000.00 12/12/2018 $ 3,220.85 11/01/2018 $ 43,220.85 $ - $ 46,441.70 12/01/2018 $ 43,220.85 $ - $ 89,662.55 01/01/2019 $ 43,220.85 $ 40,000.00 2/1 & 2/5/19 $ 92,883.40 02/01/2019 $ 43,220.85 $ 30,000.00 03/04/2019 $ 106,104.25 $ 18,000.00 03/21/2019 $ 88,104.25
03/01/2019 $ 43,220.85 $ 43,000.00 04/05/2019 $ 88,325.10 04/01/2019 $ 70,373.85 $ - $ 158,698.95 $ 30,000.00 05/23/2019 $ 128,698.95
$ 13,000.00 05/29/2019 $ 115,698.95
05/01/2019 $ 70,373.85 $ - $ 186,072.80 $ 4,322.00 $ - $ 190,394.80
06/01/2019 $ 70,373.85 $ 43,000.00 06/21/2019 $ 217,768.65 07/01/2019 $ 70,373.85 $ 20,000.00 07/05/2019 $ 268,142.50 $ 23,000.00 07/27/2019 $ 245,142.50
08/01/2019' $ 70,373.85 $ 33,000.00 08/30/2019 $ 282,516.35 09/01/2019 $ 70,373.85 $ 50,000.00 10/03/2019 $ 302,890.20 10/01/2019' $ 70,373.85 $ 70,373.85 11/05/2019 $ 302,890.20 11/01/2019 $ 70,373.85 $ 47,807.35 11/22/2019 $ 325,456.70 12/01/2019 $ 70,373.85 $ 47,807.35 12/08/2019 $ 348,023.20 01/01/2020 $ 70,373.85 $ 47,807.35 01/10/2020 $ 370,589.70 02/01/2020 $ 70,373.85 $ 20,000.00 02/03/2020 $ 420,963.55 03/01/2020 $ 70,373.85 $ 20,000.00 02/14/2020 $ 471,337.40

$ 40,000.00 02/21/2020 $ 431,337.40
$ 14,000.00 02/28/2020 $ 417,337.40
04/01/2020 $ 70,373.85 $ 25,000.00 03/16/2020 $ 462,711.25 $ 25,000.00 03/28/2020 $ 437,711.25
$ 25,000.00 04/22/2020 $ 412,711.25
_05/01/2020' $ 70,373.85 $ 50,000.00 05/18/2020 $ 433,085.10 06/01/2020 $ 70,373.85 $ 50,000.00 06/19/2020 $ 453,458.95 $ 67,000.00 07/06/2020 $ 386,458.95
07/01/2020 $ 60,000.00 $ 60,000.00 07/31/2020 $ 386,458.95 08/01/2020 $ 60,000.00 $ 60,000.00 08/31/2020 $ 386,458.95 09/01/2020 $ 60,000.00 $ 30,000.00 10/06/2020 $ 416,458.95 $ 25,000.00 10/15/2020 $ 391,458.95
$ 5,000.00 10/27/2020 $ 386,458.95
10/01/2020 $ 60,000.00 $ 30,000.00 11/18/2020 $ 416,458.95 $ 30,000.00 11/30/2020 $ 386,458.95
11/01/2020 $ 60,000.00 $ 60,000.00 12/30/2020 $ 386,458.95 12/01/2020 $ 60,000.00 $ 25,000.00 01/29/2021 $ 421,458.95 $ 25,000.00 02/26/2021 $ 396,458.95
I
01/01/2021 $ 60,000.00 $ 40,000.00 03/15/2021 $ 416,458.95 02/01/2021 $ 60,000.00 $ 40,000.00 03/22/2021 $ 436,458.95 _03/01/2021 $ 60,000.00 $ 40,000.00 04/22/2021 $ 456,458.95 04/01/2021 $ 60,000.00 $ 60,000.00 05/03/2021 $ 456,458.95 _05/01/2021' $ 60,000.00 $ 60,000.00 05/28/2021 $ 456,458.95 06/01/2021 $ 60,000.00 $ 60,000.00 06/22/2021 $ 456,458.95 07/01/2021' $ 60,000.00 $ 60,000.00 08/13/2021 $ 456,458.95 08/01/2021 $ 60,000.00 $ 50,000.00 08/24/2021 $ 466,458.95 09/01/2021 $ 60,000.00 $ 60,000.00 _ 10/01/2021 $ 466,458.95 10/01/2021 $ 60,000.00 $ 20,000.00 10/29/2021 $ 506,458.95 11/01/2021 $ 60,000.00 $ 84,000.00 12/06/2021 $ _ 482,458.95 12/01/2021 $ 60,000.00 $ 542,458.95 01/01/2022 $ 60,000.00 $ 602,458.95 02/01/2022 $ 60,000.00 $ 662,458.95 03/01/2022 $ 60,000.00 $50,000 03/01/2022 $ 672,458.95

$10,000 03/18/2022 $ 662,458.95
04/01/2022 $ 60,000.00 $ 36,000.00 04/25/2022 $ 686,458.95 $ 50,000.00 04/01/2022 $ 636,458.95
05/01/2022' $ 60,000.00 $ 60,000.00 05/20/2022 $ 636,458.95 06/01/2022 $ 60,000.00 $ 60,000.00 06/21/2022 $ 636,458.95 07/01/2022 $ 60,000.00 $ 60,000.00 07/18/2022 $ 636,458.95 08/01/2022 $ 60,000.00 $ 60,000.00 08/24/2022 $ 636,458.95 09/01/2022' $ 60,000.00 $ 30,000.00 09/21/2022 $ 666,458.95 10/01/2022 $ 60,000.00 $ 60,000.00 10/27/2022 $ 666,458.95 11/01/2022 $ 60,000.00 $ 60,000.00 12/07/2022 $ 666,458.95 12/01/2022 $ 60,000.00 $ 60,000.00 01/03/2023 $ 666,458.95 01/01/2023 $ 60,000.00 $ 60,000.00 01/20/2023 $ 666,458.95 02/01/2023 $ 60,000.00 $ 60,000.00 02/25/2023 $ 666,458.95 03/01/2023 $ 71,685.81 $ 70,000.00 03/31/2023 $ 668,144.76 04/01/2023 $ 71,685.81 $ 60,000.00 04/25/2023 $ 679,830.57 05/01/2023 $ 73,949.59 $ 75,000.00 05/30/2023 $ 678,780.16 06/01/2023 $ 73,949.59 $ 80,000.00 06/30/2023 $ 672,729.75 07/01/2023 $ 73,949.59 $ 80,000.00 07/20/2023 $ 666,679.34 08/01/2023 $ 73,949.59 $ 740,628.93 09/01/2023 $ 73,949.59 _ $ 814,578.52 10/01/2023 $ 73,949.59 $ 60,000.00 10/30/2023 $ 828,528.11 11/01/2023 $ 73,949.59 $ 60,000.00 11/30/2023 $ 842,477.70 12/01/2023 $ 73,949.59 $ 60,000.00 12/30/2023 $ 856,427.29 01/01/2024 $ 73,949.59 $ 60,000.00 01/31/2024 $ 870,376.88 02/01/2024 $ 73,949.59 $ 45,000.00 02/25/2024 $ 899,326.47 03/01/2024' $ 73,949.59 $ 65,000.00 03/20/2024 $ 908,276.06 04/01/2024 $ 73,949.59 $ 50,000.00 04/25/2024 $ 932,225.65 05/01/2024 $ 76,284.28 $ 70,000.00 05/25/2024 $ 938,509.93 06/01/2024 $ 76,284.28 $ 1,014,794.21 07/01/2024 $ 76,284.28 $ 40,000.00 _ 07/30/2024 $ 1,051,078.49 08/01/2024 $ 76,284.28 08/30/2024 $ 1,127,362.77 09/01/2024 $ 76,284.28 $ 1,203,647.05 10/01/2024 $ 76,284.28 $ 60,000.00 10/30/2024 $ 1,219,931.33 11/01/2024 $ 76,284.28 $ 50,000.00 11/30/2024 $ 1,246,215.61

12/01/2024 $ 76,284.28 $ 50,000.00 12/31/2024 $ 1,272,499.89 01/01/2025 $ 76,284.28 $ 25,000.00 01/24/2025 $ 1,323,784.17 02/01/2025' $ 76,284.28 $ 50,000.00 02/18/2025 $ 1,350,068.45 03/01/2025 $ 76,284.28 $ 1,426,352.73 04/01/20251 $ 76,284.28 $ 1,502,637.01 $ 5,228,153.65 $ 3,725,516.64

Amount Owed
with Late
Charges and
Amount Owed with Late Charges Interest
$ 3,542.94 $ 3,542.94
$ 51,085.87 $ 51,085.87
$ 98,628.81 $ 98,658.33
$ 106,171.74 $ 106,627.23
$ 105,714.68 $ 106,995.86
$ 110,257.61 $ 112,434.24
$ 144,668.85 $ 147,744.57
$ 222,080.08 $ 226,100.25
$ 256,491.32 $ 261,750.56
$ 290,902.55 $ 298,056.29
$ 335,313.79 $ 344,664.56
$ 362,725.02 $ 374,577.91
$ 369,762.41 $ 384,508.35
$ 399,366.29 $ 417,257.83
$ 428,970.18 $ 450,092.16
$ 458,574.06 $ 483,200.12
$ 515,985.30 $ 544,391.32
$ 519,396.53 $ 551,860.72

$ 521,807.77 $ 558,842.37
$ 549,219.00 $ 590,890.53
$ 509,630.24 $ 555,997.43
$ 515,630.24 $ 566,960.64
$ 521,630.24 $ 577,635.32
$ 527,630.24 $ 588,398.94
$ 533,630.24 $ 599,252.27
$ 539,630.24 $ 610,196.04
$ 555,630.24 $ 631,231.01
$ 581,630.24 $ 662,357.93
$ 607,630.24 $ 693,660.91
$ 633,630.24 $ 725,224.75
$ 639,630.24 $ 737,051.63
$ 645,630.24 $ 749,143.72
$ 651,630.24 $ 761,336.59
$ 657,630.24 $ 773,631.06
$ 673,630.24 $ 796,027.99
$ 679,630.24 $ 808,528.22
$ 725,630.24 $ 861,215.95
$ 707,630.24 $ 850,009.42
$ 773,630.24 $ 923,242.83
$ 839,630.24 $ 996,386.52
$ 905,630.24 $ 1,070,139.74
$ 921,630.24 $ 1,094,507.57

$ 901,630.24 $ 1,083,495.14
$ 907,630.24 $ 1,098,690.93
$ 913,630.24 $ 1,113,796.69
$ 919,630.24 $ 1,129,028.33
$ 925,630.24 $ 1,144,386.90
$ 961,630.24 $ 1,189,873.45
$ 967,630.24 $ 1,205,489.07
$ 973,630.24 $ 1,221,484.81
$ 979,630.24 $ 1,237,613.85
$ 985,630.24 $ 1,253,877.30
$ 991,630.24 $ 1,270,276.27
$ 1,000,484.63 $ 1,289,666.30
$ 1,019,339.02 $ 1,319,194.12
$ 1,025,683.57 $ 1,336,374.84
$ 1,027,028.12 $ 1,348,802.97
$ 1,028,372.66 $ 1,361,376.34
$ 1,109,717.21 $ 1,454,054.49
$ 1,191,061.76 $ 1,546,838.29
$ 1,212,406.31 $ 1,580,395.28
$ 1,233,750.86 $ 1,614,731.92
$ 1,255,095.41 $ 1,649,354.70
$ 1,276,439.96 $ 1,684,266.00
$ 1,312,784.51 $ 1,734,468.23
$ 1,329,129.06 $ 1,764,963.81
$ 1,360,473.61 $ 1,810,880.18
$ 1,374,386.31 $ 1,839,622.36
$ 1,458,299.02 $ 1,938,749.31
$ 1,502,211.73 $ 1,998,118.99
$ 1,586,124.44 $ 2,098,316.75
$ 1,670,037.15 $ 2,199,016.16
$ 1,693,949.85 $ 2,240,554.73
$ 1,727,862.56 $ 2,292,939.45

$ 1,761,775.27 $ 2,345,677.38
$ 1,820,687.98 $ 2,423,854.80
$ 1,854,600.69 $ 2,477,475.36
$ 1,938,513.39 $ 2,581,751.09
$ 2,022,426.10 $ 2,686,479.11

D �►

DANNIS WOLIVER KELLEY
Attorneys at Law

SAN FRANCISCO
200 California Street
Suite 400
San Francisco,CA 94111
TEL 415.543.4111
SUE ANN SALMON EVANS FAX 415.543.4384
Attorney at Law
[email protected] LONG BEACH
444 W.Ocean Blvd.

Long Beach Suite 17
50 Long Beach,CA 90802
TEL 562.366.8500
FAX 562.366.8505
May 5, 2025

SAN DIEGO
VIA EMAIL 750 B Street
Suite 2600
D92101
Andrew Arellano, Assistant Planner T19go,C0 TEE LL 619.595.020202
Loralee Farris, Planning Manager FAX619.702.6202 Robert Dalquest, Development Services Director
City of Upland CHICO
460 N. Euclid Ave. 2485NotreDameBlvd.

Upland, California 91786 Suite370-A
Chico,CA 952
[email protected] TEL530343.3334
[email protected] FAX 530.924.4784
rdalquest®uplandca.gov

SACRAMENTO
Re: Scholarship Prep-San Bernardino County Charter School - Upland Facility, 555 Capitol Mall e 645
Opposition to Appeal of Conditional UsePermit (CUP-24-0011), p p on p pea on ona ( )� Sacrrammee nto,CA 95814
Our file 6712.240001 TEL916.978.4040
FAX 916.978.4039
Dear Mr. Arellano, Ms. Farris and Mr. Dalquest:

EAST BAY
This firm represents the San Bernardino County Board of Education ("SBCBOE") and 2087Addison2dFlStreet oor
the San Bernardino County Superintendent of Schools ("SBCSS"), the authorizer and Berkeley,CA94704 oversight agent, respectively, for the Scholarship Prep-San Bernardino County TEL510.345.6000 Charter School ("Scholarship Prep"). This letter is in response to the appeal by Stone FAX510.345.6100 Ridge Academy ("SRA") of the decision granting Scholarship Prep the CUP for its facility to house students attending its properly authorized charter. FRESNO 7170 N Financial Drive
Suite 135
We are in receipt of SRA's appeal and find it necessary to address and correct several Fresno,CA93720 inaccuracies presented therein. Notably, the allegations regarding fraud in the TEL559.388.5802 charter petitioning process are without merit and suggest a misunderstanding of the FAX559.388.5803 legal requirements governing charter school authorization.

First, Scholarship Prep is a charter school in good standing. This means the school is compliant with its charter agreement, has no pending or outstanding violations, is not subject to a pending intent to revoke its charter, and is operating according to its established guidelines and regulations.
www.DWKesq.com

DWK 4393891v1

Andrew Arellano
Loralee Farris
Robert Da!quest
May 5, 2025

Second, there was no fraud in the petitioning process. Scholarship Prep is required by charter law to identify a location - it need not own, lease or otherwise have rights to a particular site. (Ed Code, 47605(a)(1).) In fact, Education Code section 47605.1 states that when it receives charter approval the charter school must locate within the geographical boundaries applicable to its charter. Scholarship Prep is a countywide charter authorized to operate in various parts of San Bernardino County, including Upland, but need not identify the precise site or building. (Charter, p. 15; Ed. Code, 47605.6(a)(1) ["a county board of education may also approve a petition for the operation of a charter school that operates at one or more sites within the geographic boundaries of the county"].)
The SBCBOE and SBCSS understood at the time of the petition review and understand now that locations require CUP that a charter school cannot apply for without an approved charter.

It is for this reason and related reasons such as executing a lease etc., that charter schools are given the flexibility to identify a location rather than commit in the petition to an actual site.

The Scholarship Prep Charter specifically states:

Scholarship Prep will seek to initially operate out of facilities located within the boundaries of Chaffey Joint Union High, Hesperia Unified, Ontario-Montclair, Rialto Unified, and/or Upland Unified. Scholarship Prep has and will continue to work with a commercial real estate agent to locate sites with a conditional use permit to use as school campuses. Scholarship Prep will ensure that prior to commencement of operations, such facilities shall comply with the Federal Americans with Disabilities Act (ADA) requirements, local building and zoning ordinances, and that the school has obtained permits under local ordinances for operating a school in the facilities. The school will maintain readily accessible records documenting such compliance on file at the main office, and will provide copies to the County upon request.
* * *
Once our initial facilities are secured, we will provide the County with the address, lease or purchase agreement, and any other requested documentation. (Charter p. 225.)
Third, SRA's claim that Scholarship Prep used the current CUP-17-12 to deceive the SBCBOE into granting its petition is inaccurate. Scholarship Prep did not include CUP- 17-12 with its petition; rather, as a public record accessible to anyone, SBCSS staff independently obtained a copy from the City of Upland's Planning Division as part of the charter petition review process.

DWK 4393891v1

Andrew Arellano
Loralee Farris
Robert Da!quest
May 5, 2025

The information provided above is intended to clarify the record and ensure accurate understanding as the City of Upland proceeds through the CUP appeal process. We trust this response assists in addressing the concerns raised and supports the City in making its determinations based on factual and legally grounded information.

Very truly yours,

DANNIS WOLIVER KELLEY
Sue Ann S Imon Evans
SASE:rb

DWK 4393891v1

°v °p`q� cITFUP LAND
o "The City of Gracious Living"
- -
DATE: May 12,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN ARRULA,ASSISTANT CITY MANAGER

CHRIS ALANIS,SPECIAL PROJECTS CONSULTANT

TANYA GARCIA,MANAGEMENT ANALYST
SUBJECT: CONDUCT A PUBLIC HEARING TO CONSIDER THE TRANSITION OF SEWER SERVICE

CHARGES TO THE COUNTY PROPERTY TAX ROLL
RECOMMENDED ACTION:

It is recommended that the City Council authorize the implementation of tax roll billing for City-managed utility services, specifically sewer,to improve collection efficiency,reduce administrative costs,and protect utility revenue streams.

GOAL STATEMENT
The proposed action supports the City's goal of ensuring financial sustainability of enterprise funds by streamlining billing processes and securing a consistent revenue stream for wastewater services.

BACKGROUND
The City of Upland currently bills customers for sewer services through a traditional utility billing system. This method requires manual account management, mailing costs, delinquency tracking, and staff time for collection activities.

A growing number of cities across California have transitioned to tax roll billing to reduce costs and improve operational efficiency.Under this approach,utility charges are placed directly on the San Bernardino County property tax roll and collected as part of annual property taxes.

On February 10, 2025,the City Council approved setting a Public Hearing on May 12, 2025 to place all parcel fees for Wastewater(Sewer),Solid Waste(Trash),and Storm Drain on the property tax roll for billing and authorized staff to mail notification postcards to affected property owners 45 days in advance of the public hearing.

The week of March 24,2025,postcard notices about the Public Hearing were mailed to property owners.

On April 8,2025,a presentation was provided to the Public Works Committee regarding the consideration of placing utility bills on the San Bernardino County Tax Rolls
The week of April 28,2025,an informational sheet and second public hearing notices were mailed to property owners.

On May 6, 2025, a special meeting of the Public Works Committee was held to provide additional information regarding the potential move to tax roll billing to the public.

ISSUES AND ANALYSIS
Moving to tax roll billing would allow the City to:
• Eliminate monthly invoice processing,postage,and third-party billing service fees. • Reduce staff time spent on collections,payment arrangements,and account administration. • Increase revenue certainty by leveraging the County's property tax collection system. • Avoid losses from delinquent accounts by securing charges against property.

A list of sewer service charges by APN is available on the City's website at https://uplandca.gov/tax-roll-billing .

The County of San Bernardino charges an administrative processing fee which is substantially lower than the costs associated with monthly billing and collections.These minimal charges can be absorbed into existing utility budgets or passed through to users if needed.

Upland will offer an opt-out program (Direct Billing) for qualifying customers, with an application process and exclusion criteria for accounts with recurring delinquencies.

A thorough PowerPoint presentation regarding the proposed move to tax roll billing will be published to the meeting site,presented at the public hearing,and can be found on the City's website at https://uplandca.gov/tax-roll-billing .

ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a"project" and thus is exempt.

FISCAL IMPACTS
There is no fiscal impact to the General Fund.Implementation will be covered within the enterprise fund budgets for sewer. Anticipated savings include reductions in mailing, processing, and staff overhead costs, as well as enhanced collection reliability.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA, AUTHORIZING THE PLACEMENT OF

SEWER SERVICE CHARGES ON THE SAN BERNARDINO

COUNTY TAX ROLL
WHEREAS, the City of Upland provides essential utility services to its residents and businesses; and
WHEREAS, the City currently collects utility charges through direct billing to customers, which incurs administrative costs, postage, and collection inefficiencies; and
WHEREAS, pursuant to Government Code Section 5473 et seq., the City is authorized to collect utility service charges on the County tax roll in the same manner as general taxes; and
WHEREAS, the placement of these charges on the San Bernardino County property tax roll will improve collection rates, reduce administrative overhead, and ensure long-term revenue stability for the City's utility enterprise funds; and WHEREAS, the City Council finds it in the public interest to authorize the use of the property tax roll for collection of sewer, charges beginning in Fiscal Year 2025- 2026; and
WHEREAS, customers will be provided with notice of this change and an option to request direct billing through an application and qualification process administered by the City.

NOW, THEREFORE, the City Council hereby finds, determines and resolves, as follows:

Section 1. The City Council hereby authorizes the placement of sewer service charges on the San Bernardino County property tax roll for collection beginning in Fiscal Year 2025-2026.

Section 2. The City Manager, or their designee, is authorized and directed to take all necessary and appropriate actions to implement this resolution, including executing agreements with the County, preparing data files, and coordinating public outreach.

Section 3. The City Council hereby affirms that this action does not constitute a new or increased property-related fee or charge subject to Proposition 218, and that all future adjustments will be made in accordance with applicable law.

Section 4. An opt-out (Direct Billing) program shall be made available to qualifying customers, subject to application, review, and approval by the City. This Resolution shall prevail over any existing resolution in the event of a conflict.

Section 5. Compliance with California Environmental Quality Act. The City

Resolution No.

Council finds that this Resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 6. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 7. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 8. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED AND ADOPTED this 12TH day of May, 2025.

Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 12th day of May, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

°v °p`q� cITFUP LAND
.�, �• o "The City of Gracious Living" - -
DATE: May 12,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN ARRULA,ASSISTANT CITY MANAGER

CHRIS ALANIS, SPECIAL PROJECTS CONSULTANT

TANYA GARCIA,MANAGEMENT ANALYST
SUBJECT: CONDUCT A PUBLIC HEARING TO CONSIDER THE TRANSITION OF STORM DRAIN

SERVICE CHARGES TO THE COUNTY PROPERTY TAX ROLL
RECOMMENDED ACTION:

It is recommended that the City Council authorize the implementation of tax roll billing for City-managed utility services, specifically storm drain, to improve collection efficiency, reduce administrative costs, and protect utility revenue streams.

GOAL STATEMENT
The proposed action supports the City's goal of ensuring financial sustainability of enterprise funds by streamlining billing processes and securing a consistent revenue stream for storm drain services.

BACKGROUND
The City of Upland currently bills customers for storm drain services through a traditional utility billing system.This method requires manual account management, mailing costs, delinquency tracking, and staff time for collection activities.

A growing number of cities across California have transitioned to tax roll billing to reduce costs and improve operational efficiency.Under this approach,utility charges are placed directly on the San Bernardino County property tax roll and collected as part of annual property taxes.

On February 10, 2025,the City Council approved setting a Public Hearing on May 12, 2025 to place all parcel fees for Wastewater(Sewer),Solid Waste(Trash),and Storm Drain on the property tax roll for billing and authorized staff to mail notification postcards to affected property owners 45 days in advance of the public hearing.

The week of March 24,2025,postcard notices about the Public Hearing were mailed to property owners.

On April 8,2025,a presentation was provided to the Public Works Committee regarding the consideration of placing utility bills on the San Bernardino County Tax Rolls
The week of April 28,2025,an informational sheet and second public hearing notices were mailed to property owners.

On May 6, 2025, a special meeting of the Public Works Committee was held to provide additional information regarding the potential move to tax roll billing to the public.

ISSUES AND ANALYSIS
Moving to tax roll billing would allow the City to:
• Eliminate monthly invoice processing,postage,and third-party billing service fees. • Reduce staff time spent on collections,payment arrangements,and account administration. • Increase revenue certainty by leveraging the County's property tax collection system. • Avoid losses from delinquent accounts by securing charges against property.

A list of storm drain service charges by APN is available on the City's website at https://uplandca.gov/tax-roll-billing .

The County of San Bernardino charges an administrative processing fee which is substantially lower than the costs associated with monthly billing and collections.These minimal charges can be absorbed into existing utility budgets or passed through to users if needed.

For storm drain billing, this transition will allow the City to separate it from current water billing, aligning with upcoming MS4 permit obligations and future compliance requirements.

A thorough PowerPoint presentation regarding the proposed move to tax roll billing will be published on the meeting site,presented at the public hearing,and can be found on the City's website at https://uplandca.gov/tax-roll-billing .

ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a"project" and thus is exempt.

FISCAL IMPACTS
There is no fiscal impact associated with this action.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA, AUTHORIZING THE PLACEMENT OF

STORM DRAIN SERVICE CHARGES ON THE SAN

BERNARDINO COUNTY TAX ROLL
WHEREAS, the City of Upland provides essential utility services to its residents and businesses; and
WHEREAS, the City currently collects utility charges through direct billing to customers, which incurs administrative costs, postage, and collection inefficiencies; and
WHEREAS, pursuant to Government Code Section 5473 et seq., the City is authorized to collect utility service charges on the County tax roll in the same manner as general taxes; and
WHEREAS, the placement of these charges on the San Bernardino County property tax roll will improve collection rates, reduce administrative overhead, and ensure long-term revenue stability for the City's utility enterprise funds; and WHEREAS, the City Council finds it in the public interest to authorize the use of the property tax roll for collection of storm drain charges beginning in Fiscal Year 2025-2026; and
WHEREAS, customers will be provided with notice of this change.

NOW, THEREFORE, the City Council hereby finds, determines and resolves, as follows:

Section 1. The City Council hereby authorizes the placement of storm drain service charges on the San Bernardino County property tax roll for collection beginning in Fiscal Year 2025-2026.

Section 2. The City Manager, or their designee, is authorized and directed to take all necessary and appropriate actions to implement this Resolution, including executing agreements with the County, preparing data files, and coordinating public outreach.

Section 3. The City Council hereby affirms that this action does not constitute a new or increased property-related fee or charge subject to Proposition 218, and that all future adjustments will be made in accordance with applicable law.

Section 4. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has

Resolution No.

no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 6. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 7. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED AND ADOPTED this 12TH day of May, 2025.

Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 12th day of May, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk