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Agenda packet

Upland City Council
October 13, 2025

Document
Agenda packet
Meeting
October 13, 2025
Body
Upland City Council
Pages
475
Original file
864 KB
Text extracted from the city's file for reading and search. Open the original on docx.uplandca.gov. That file is the official record.

Monday, October 13, 2025
Open session begins at 6:00 p.m.

City Council Chamber
City Hall, 460 N. Euclid Avenue
Residents may observe the City Council meetings remotely via livestream on the City website, Spectrum Cable TV Channel 3, or Frontier Cable TV Channel 26.

City of Upland Mission Statement
The City of Upland is committed to delivering superior services that meet community needs with transparency and integrity.

City of Upland Vision Statement
Upland is a safe community with historic character where residents enjoy a high quality of life.

Pages

1.CALL TO ORDER AND ROLL CALL

2.ADDITIONS-DELETIONS TO AGENDA

3.ORAL COMMUNICATIONS
This is a time for any citizen to comment on item listed on the closed session agenda only. Anyone wishing to address the legislative body is requested to submit a speaker card to the City Clerk at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes. The use of visual aids will be included in the time limit.

4.CLOSED SESSION

5.INVOCATION
Dr. Taif Kaissi, Middle Ground Muslim Center

6.PLEDGE OF ALLEGIANCE

7.PRESENTATIONS
Presentation of Certificates of Completion to the Upland Community Emergency Response Team (CERT)
Proclamation declaring October 2025 Domestic Violence Awareness Month accepted by

House of Ruth
Proclamation declaring October 2025 Breast Cancer Awareness Month accepted by Police Chief Blanco

8.CITY ATTORNEY

9.ORAL COMMUNICATIONS
This is a time for any citizen to comment on any item listed or not listed on the agenda.

Anyone wishing to address the legislative body is requested to submit a speaker card to the City Clerk at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes. Speakers will be given five (5) minutes during public hearings. The use of visual aids will be included in the time limit. Public comments and questions for the purpose of hearing current matters of concern in our community and to provide citizens a method for the public to hear those concerns in an open venue is encouraged. However, under the provisions of the Brown Act, the City Council is prohibited from discussion of items not listed on the agenda, and therefore, the City Council, City Manager, or City Attorney will take communications under advisement for consideration and appropriate response or discussion at a later time.

Individuals who demonstrate disruptive conduct during City Council meetings that prevent the City Council from conducting its meeting in an orderly manner are guilty of a misdemeanor as stated in PC403, disrupting a public meeting, and are subject to removal from the chamber or arrest.

CAMPAIGN CONTRIBUTION DISCLOSURE: Pursuant Gov. Code § 84308, any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $500 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.

10.CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be enacted by one vote. There will be no separate discussion of these items unless members of the legislative body request specific items be removed from the Consent Calendar for separate action.

Recommended Action:

Approve the Consent Calendar
a.APPROVAL OF MINUTES 6
Recommended Action:

Approve the Regular Meeting Minutes of September 22, 2025. (Staff Person: Keri Johnson)
b.CONSIDER ADOPTING A RESOLUTION NAMING RALPH CAVALLO ROAD 11 CEQA: Not a Project.

Recommended Action:

Adopt a Resolution naming the section of roadway from the eastern most

terminus of 11th Street, east of San Antonio Hospital, on city park property, south and centered of the pavement, along the western side of the south baseball field ending at the intersection with San Bernardino Road “Ralph Cavallo Road.” (Staff Person: Keri Johnson)
c.CONSIDER RATIFICATION OF AN APPOINTMENT TO THE LIBRARY BOARD

OF TRUSTEES
17 CEQA: Not a Project.

Recommended Action:

Ratify the Mayor’s appointment of Linda Clinton to the Library Board of Trustees, term expires June 30, 2028. (Staff Person: Keri Johnson) d.CONSIDER APPROVING THE NOTICE OF COMPLETION FOR THE POLICE DEPARTMENT 2ND FLOOR EXPANSION PROJECT
21 CEQA: Categorically exempt pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines.

Recommended Action:

Approve the work, authorize the City Manager or designee to record the Notice of Completion, reduce the Faithful Performance Bond to 10% for the Police Department 2nd Floor Expansion Project and authorize a change order increase of $2,096.32 to cover the final construction cost. (Staff Person: Damien Arrula) e.CONSIDER APPROVAL OF A CONTRACT WITH CORNERSTONE UTILITY

ENGINEERING
23 CEQA: Not a Project.

Recommended Action:

Approve the contract with Cornerstone Utility Engineering to prepare construction documents for the undergrounding of the Padua Upland 66KV Transmission lines on Stowell Street and a storm drain line in 3rd Avenue; and authorize City Manager to execute the contract. (Staff Person: Robert Dalquest)

11.PUBLIC HEARINGS
a.CONTINUED PUBLIC HEARING TO CONSIDER APPROVAL OF AN

AMENDMENT TO COLONIES AT SAN ANTONIO SPECIFIC PLAN TO AMEND VARIOUS SIGN REGULATIONS WITHIN SECTION 7.7 (SIGN STANDARDS) 53 CEQA: Determine to be Statutorily Exempt pursuant to Section 15162 and 15163 of CEQA Guidelines.

Recommended Action:

The City Council will conduct a public hearing to consider approval of a Specific Plan Amendment to the Colonies at San Antonio Specific Plan to amend various regulations within Section 7.7 (Sign Standards) by allowing billboards as a permitted use. (Staff Person: Robert Dalquest)
Staff Presentation1.

Hold Public Hearing2.

Close Public Hearing3.

Determine the Ordinance and Resolution are exempt from the California4.

Environmental Quality Act (CEQA) pursuant to Section 15162 of the CEQA Guidelines; and hold first reading by title only, waive further reading, and introduce an Ordinance amending Specific Plan No. 7, Amendment No. 8 to replace two permitted secondary freeway pylon signs with two, double-sided digital billboards which would be 672 square feet in size per face and up to a maximum of 65 feet in height above the elevation of the freeway roadway
Adopt a Resolution approving Amendment No. 1 to the Colonies Crossroads Comprehensive Sign Program to replace two approved secondary freeway pylon signs with two, double-sided digital billboards which would be 672 square feet in size per face and up to a maximum of 65 feet in height above the freeway roadway elevation

5. b.CONSIDER APPROVAL OF HISTORIC DOWNTOWN UPLAND PARKING

STRUCTURE
136
CEQA: Determine to be Exempt.

Recommended Action:

The City Council will conduct a public hearing to consider approval of Development Plan Review No. 24-0007 to construct a 150,000 square-foot parking structure located at the southwest corner of First Avenue and C Street within the Historic Downtown Upland Specific Plan and finding the project Categorically Exempt from CEQA. (Staff Person: Robert Dalquest) Staff Presentation1.

Hold Public Hearing2.

Close Public Hearing3.

Find the project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15332 (In-Fill Development Projects - Class 32) of the CEQA Guidelines

4. Adopt a Resolution finding the project Categorically Exempt from CEQA, pursuant to Section 15332 (In-Fill Development Projects) of the CEQA Guidelines and approving Development Plan Review No. 24-0007 to construct a 150,000 square-foot, five level parking structure with 9,900 square feet of ground floor commercial space, located at the southwest corner of First Avenue and C Street within the Historic Downtown Upland Specific Plan, with a land use designation of Old Town District, 1st Avenue Overlay

5. c.CONSIDER APPROVAL OF A RESOLUTION ADOPTING THE REVISED 2025

MASTER FEE SCHEDULE
417
CEQA: Not a Project.

Recommended Action:

The City Council will conduct a public hearing to consider approving the Revised 2025 Master Fee Schedule. (Staff Person: Stephen Parker) Staff Presentation1.

Hold Public Hearing2.

Close Public Hearing3.

Approve a Resolution adopting the Revised 2025 Master Fee Schedule and amending certain citywide fees to cover the cost of services.

4. 12.COUNCIL COMMITTEE REPORTS
a.COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR

CONFERENCE ATTENDANCE
Councilmembers will provide oral reports on any meetings, trainings, or conferences they attended on behalf of the City. This item is for information only.

13.BUSINESS ITEMS
a.CONSIDER AWARD OF BID FOR PROJECT NO. 85002, FISCAL YEAR 2023/24 CITYWIDE TRAFFIC SIGNAL MODIFICATION SAFETY PROJECT (BID NO. 2026-001)
458
CEQA: Categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines. In accordance with Section 15062 of CEQA, the City will file the Notice of Exemption with the County of San Bernardino within 5 days after project approval.

Recommended Action:

Approve the Plans and Specifications for Project No. 85002; award the construction contract to Econolite Systems, Inc in the amount of $1,347,561.30; and authorize a construction contingency in the amount of $202,438.70 for a total amount of $1,550,000.00. (Staff Person: Robert Dalquest)

14.COUNCIL COMMUNICATIONS

15.CITY MANAGER

16.ADJOURNMENT
The next regularly scheduled City Council meeting is Monday, October 27, 2025.

NOTE: If you challenge the public hearing(s) 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.

All Agenda items and back-up materials are available for public review at the Upland Public Library, at 450 North Euclid Avenue, the City Clerk's Office at 460 North Euclid Avenue and the City website at www.uplandca.gov .

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office, 909-931-4120.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II].

To access written transcription during the meeting, please click this link:
https://attend.wordly.ai/join/LVGO-0906 . Then choose language and click attend to read the transcript on your device.

On October 8, 2025 a true and correct copy of this agenda was posted on the bulletin boards at 450 N. Euclid Avenue (Upland Public Library) and 460 N. Euclid Avenue (Upland City Hall), and the City website at www.uplandca.gov

1 MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL

September 22, 2025
6:00 p.m.

City Council Chamber
City Hall, 460 N. Euclid Avenue

Members Present: Mayor Bill Velto, Councilmember James Breitling, Councilmember Carlos A. Garcia, Councilmember Shannan Maust, Councilmember Rudy Zuniga

Staff Present: City Manager Michael Blay, City Attorney Stephen P. Deitsch, City Clerk Keri Johnson
_____________________________________________________________________

1. CALL TO ORDER AND ROLL CALL
The regular meeting of the Upland City Council was called to order by Mayor Bill Velto at 4:31 p.m. in the Council Chamber of the Upland City Hall.

2. ADDITIONS-DELETIONS TO AGENDA
None.

3. ORAL COMMUNICATIONS
None.

CLOSED SESSION - 4:30 p.m.

4. CLOSED SESSION
At 4:32 p.m. Mayor Velto announced that the City Council would recess to Closed Session pursuant to Government Code
a. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: Upgrade the existing Verizon Wireless Flagpole to a new Mono- Eucalyptus in an approximately 380 square foot area located at Magnolia Park in the City of Upland (APN: 1045-031-03)
City Negotiators: City Manager Michael Blay, Development Services Director Robert Dalquest, and Economic Development Coordinator Melecio Picazo Negotiating Party: Butler America
Under Negotiation: Price and Terms of payment
b. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8

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2 Property: 1.03-acre parcel located on Third Avenue, approximately 75 feet south of the Pacific Electric Trail and adjacent along the north side of the Coy D. Estes Senior Apartments, in the City of Upland (Assessor Parcel Number: 1046-411-54) City Negotiators: City Manager Michael Blay, Development Services Director Robert Dalquest and Housing Manager Diane Cotto
Negotiating Party: Steven Dukett, Upland Community Housing, Inc.

Under Negotiation: Price and terms of payment
The City Council reconvened in open session at 6:00 p.m.

5. INVOCATION
Pastor Summer Brown, Life Bible Fellowship Church

6. PLEDGE OF ALLEGIANCE
Led by Ted Powell

7. PRESENTATIONS
Presentation of the Key to the City to Ralph Cavallo, Honoring a Legacy of Service.

At 6:32 p.m. Mayor Velto called a recess. The City Council reconvened in open session at 7:00 p.m.

8. CITY ATTORNEY
City Attorney Deitsch announced the City Council received reports on Closed Session Items 4a and 4b, and there was no reportable action during Closed Session.

9. ORAL COMMUNICATIONS
Garrett Mullenaux, Upland, spoke regarding truck traffic on 11th Avenue and stated that he has reported the illegal activity to the Police Department.

Malinda Hutchins, Upland, requested that the Municipal Code be revised so residents can park recreational vehicles in their driveways.

10. CONSENT CALENDAR
Mayor Velto removed Consent Calendar Item 10f for separate action.

Moved by: Councilmember Garcia
Seconded by: Councilmember Breitling
Approve the Consent Calendar
Motion: Carried Unanimously

a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of September 22, 2025. b. CONSIDER APPROVAL OF THE HOUSING ELEMENT REZONING PROGRAM

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3 Hold second reading by title only, waive further reading, and adopt Ordinance No. 2001 approving Zone Change No. 23-0001, to change the zoning designations of properties shown in Exhibit A to the Ordinance and approving Zone Code Text Amendment No. 25-0003 to amend the Upland Municipal Code Sections 17.04, 17.05 and 17.09 as shown in Exhibit B, C and D to the Ordinance; and
Hold second reading by title only, waive further reading, and adopt Ordinance No. 2002 approving Specific Plan Amendment No. 23-0001 to modify the district designation of 530 E. 9th Street from “Pleasant View District” to “Citrus Transportation District” as shown in Exhibit A to the Ordinance and to increase the permitted residential density within the Multi-Family/Senior Housing District in the Specific Plan from 25 du/ac to 40 du/ac as shown in Exhibit B to the Ordinance.
c. ACCEPT THE RESIGNATION OF LIBRARY BOARD OF TRUSTEES MEMBER Accept the resignation of Library Board of Trustees Member Ralph Cavallo and direct the City Clerk to post the notice of unscheduled vacancy. d. CONSIDER APPROVAL OF AUGUST WARRANT AND PAYROLL REGISTERS Approve August warrant registers totaling $23,210,542.83 (check numbers 53940 - 54265 and direct disbursements) and payroll registers totaling $2,059,210.91 (check numbers 164376 – 164390 and electronic fund transfers 56847 – 57433). e. TREASURER’S REPORT AUGUST 2025
Receive and file the August 2025 Treasurer’s Report.
g. CONSIDER APPROVAL OF AMENDMENT NO. 1 TO THE AGREEMENT WITH

THE BOARD OF SUPERVISORS ARMENDAREZ AND HAGMAN FOR THE

BALDY VIEW DOG PARK IMPROVEMENTS
Approve Amendment No. 1 to the Agreement with the County Board of Supervisors for the Baldy View Dog Park and authorize the City Manager to execute the Amendment.
h. CONSIDER APPROVAL OF A STOCKPILE AGREEMENT FOR TRACT 20045 (KB HOMES), LOCATED AT 16TH STREET AND PARKVIEW PROMENADE AVENUE
Approve the Stockpile License Agreement for Tract 20045 located at 16th Street and Parkview Promenade Avenue; and authorize the City Manager to execute the agreement.
i. CONSIDER APPROVAL OF AN AGREEMENT WITH STAFFING NETWORK

FOR TEMPORARY STAFFING SERVICES
Approve a Professional Services Agreement with Staffing Network, LLC for temporary staffing services; approve a budget adjustment reallocating existing budget from staffing vacancies to temporary staffing services; and authorize the City Manager to execute the Professional Services Agreement. f. CONSIDER ACCEPTING A DONATION OF ACCESSORY DWELLING UNIT PLANS

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4 The Council thanked Tom Campbell for his donation of ADU plans to the City.

Moved by: Councilmember Zuniga
Seconded by: Councilmember Garcia
Accept a donation of five Accessory Dwelling Unit (ADU) plans with an estimated total value of $50,000, for use in the City’s pre-approved ADU program, as required by AB 1332; authorize staff to complete the final technical review, make any necessary code adjustments, and publish the plans for public use; and formally recognize and thank Mr. Tom Campbell, P.E. for his generous contribution to the City of Upland in support of affordable housing development.

Motion: Carried Unanimously

11. PUBLIC HEARINGS
a. CONSIDER APPROVAL OF AN AMENDMENT TO COLONIES AT SAN

ANTONIO SPECIFIC PLAN TO AMEND VARIOUS SIGN REGULATIONS WITHIN SECTION 7.7 (SIGN STANDARDS)
Mayor Velto opened the public hearing. Hearing to testimony, Mayor Velto called for a motion to continue the public hearing.

Moved by: Councilmember Breitling
Seconded by: Councilmember Zuniga
Continue the public hearing to October 13, 2025 at 6 p.m.

Motion: Carried Unanimously

12. COUNCIL COMMITTEE REPORTS
a. COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR

CONFERENCE ATTENDANCE
No reports.

13. BUSINESS ITEMS
a. UPLAND MOBILITY MASTER PLAN
Development Services Director Dalquest introduced Principal Engineer French and Assistant Engineer Diaz, who worked on this two year project. Director Dalquest then introduced ktua Consultant Alex Samarin who presented the staff report along with a PowerPoint presentation.

Director Dalquest answered questions from the Council regarding the different classes of bike routes.

The item was receive and file only, no action required. b. ECONOMIC DEVELOPMENT PRESENTATION
Development Services Director Dalquest presented the staff report along with a PowerPoint presentation.

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5 The Council thanked staff for their hard work.

The item was receive and file only, no action required.

14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities and events throughout the community.

15. CITY MANAGER

16. ADJOURNMENT
At 7:57 p.m., Mayor Velto adjourned in memory of Retired Upland Fire Chief John Scanlon. The next regularly scheduled City Council meeting is Monday, October 13, 2025.

Keri Johnson, City Clerk

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DATE: October 13, 2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: KERI JOHNSON, CITY CLERK
SUBJECT: CONSIDER ADOPTING A RESOLUTION NAMING RALPH CAVALLO ROAD

RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution naming the section of roadway from the eastern most terminus of 11th Street, east of San Antonio Hospital, on city park property, south and centered of the pavement, along the western side of the south baseball field ending at the intersection with San Bernardino Road “Ralph Cavallo Road.”

GOAL STATEMENT
The proposed action supports the City’s goal of recognizing residents whose service and leadership have left a permanent mark on the City.

BACKGROUND
Ralph Cavallo has demonstrated an extraordinary commitment to Upland community service, having dedicated over four decades to civic improvement, youth mentorship, and volunteer leadership. As the driving force behind numerous public projects, Ralph Cavallo has played a central role in shaping key community spaces. From overseeing the construction of the Veterans Monument and the installation of the Veterans Plaza archway lettering, to managing critical library enhancements, including the Hjorth Children’s Reading Room and the Friends of the Library Bookstore. His work has left a lasting mark on civic infrastructure.

His contributions extend to downtown beautification efforts, such as renovations to the community gazebo, and improvements to local parks and sports facilities, including Rotary Field, Rudy Muniz Field, and Memorial Park South Field. These projects brought modern amenities like new scoreboards, artificial turf, fencing, and full -length lighted basketball courts to the community, many of which were completed under his direct leadership and hands-on management.

Beyond civic infrastructure, Ralph has made significant contributions to youth sports and mentorship, with decades of service to National Little League, including 14 terms as President, and involvement in AYSO soccer and Hilltoppers Girls Softball. He has also championed larger community projects, such as the renovation of the Upland High School Vietnam Memorial, redevelopment of athletic fields, and upgrades to YMCA facilities like the Loren and Kay Sanchez Early Childhood Development Center and indoor soccer field. His leadership has also supported cultural spaces, such as the renovation of the Cooper Museum patio. Deeply embedded in community life through service on the Upland Library Board, the Upland Community Foundation, Rotary Club, Friends of the Library, and Kiwanis, Ralph has continuously demonstrated a selfless commitment to public service. Naming a street in his honor is a fitting recognition of his decades-long impact on the City’s civic, recreational, and cultural landscape.

ISSUES AND ANALYSIS
Staff recommends naming the section of roadway from the eastern most terminus of 11th Street, east of San Antonio Hospital, on city park property, south and centered of the pavement, along the western side of the south baseball field ending at the intersection with San Bernardino Road, “Ralph Cavallo Road” in recognition of the exceptional contributions made by a long-standing community volunteer whose decades of service have significantly enhanced the City's public spaces, recreational facilities, and youth programs. This segment of road way runs adjacent to several park and field improvements that were either led or heavily supported by Ralph Cavallo, making it a fitting and symbolic location. Naming the road “Ralph Cavallo Road” not only honors his legacy, but also serves as a broader tribute to the spirit of civic engagement and community pride that his work represents.

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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
The fiscal impact of this action is limited to the purchase and installation of street signage, which will be completed by Public Works staff as part of their regular duties.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND NAMING THE SECTION OF ROADWAY FROM THE
EASTERN MOST TERMINUS OF 11TH STREET, EAST OF SAN

ANTONIO HOSPITAL, ON CITY PARK PROPERTY, SOUTH

AND CENTERED OF THE PAVEMENT, ALONG THE WESTERN

SIDE OF THE SOUTH BASEBALL FIELD ENDING AT THE
INTERSECTION WITH SAN BERNARDINO ROAD “RALPH
CAVALLO ROAD”

WHEREAS, the City wishes to recognize individuals who have made extraordinary and lasting contributions to the betterment of the community through sustained volunteer service; and

WHEREAS, Ralph Cavallo has dedicated over four decades to community service, civic improvement, youth mentorship, and volunteer leadership, significantly shaping the physical and cultural landscape of the City; and

WHEREAS, Ralph Cavallo played a central role in numerous public projects, including the construction of the Veterans Monument, installation of the Veterans Plaza archway lettering, and enhancements to the library facilities such as the Hjorth Children’s Reading Room and the Friends of the Library Bookstore; and

WHEREAS, his leadership and hands-on involvement were instrumental in downtown beautification efforts and major improvements to public parks and sports facilities, including Rotary Field, Rudy Muniz Field, and Memorial Park South Field, which now feature amenities such as artificial turf, modern scoreboards, fencing, and full-length lighted basketball courts; and

WHEREAS, his contributions to youth sports span decades, with 35 years of service to National Little League, including 14 terms as President, as well as roles in AYSO soccer and Hilltoppers Girls Softball, positively impacting generations of young athletes; and

WHEREAS, Ralph Cavallo also spearheaded or supported larger-scale community projects, including the renovation of the Upland High School Vietnam Memorial, upgrades to YMCA facilities, redevelopment of athletic fields, and the renovation of the Cooper Museum patio, enhancing the City’s recreational and cultural infrastructure; and

WHEREAS, in addition to project-based contributions, Ralph Cavallo has actively served on various civic boards and organizations, including the Upland Library Board, Upland Community Foundation, Rotary Club, Friends of the Upland Library, and Kiwanis, demonstrating a broad and enduring commitment to public service; and

WHEREAS, naming the roadway between San Bernardino Road and 11th Street on the west side of the Memorial Park South Ball Field as “Ralph Cavallo Road” serves as a meaningful and lasting tribute to this individual’s legacy and to the spirit of volunteerism that strengthens the city.

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Resolution No.

Page 2 ends

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

Section 1. The above recitals are true and correct and are incorporated herein by this reference.

Section 2. The section of roadway from the eastern most terminus of 11th Street, east of San Antonio Hospital, on city park property, south and centered of the pavement, along the western side of the south baseball field ending at the intersection with San Bernardino Road, as shown in Exhibit A, shall be named “Ralph Cavallo Road.”

Section 3. 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 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 4. Certification. The City Clerk shall certify the 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 13th day of October, 2025.

Bill Velto, Mayor

Page 14 of 475 ends

Resolution No.

Page 3 ends

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 13th day of October, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Page 15 of 475 ends

Ralph Cavallo Road

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DATE: October 13, 2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: KERI JOHNSON
SUBJECT: CONSIDER RATIFICATION OF AN APPOINTMENT TO THE LIBRARY BOARD OF

TRUSTEES

RECOMMENDED ACTION:

It is recommended that the City Council ratify the Mayor’s appointment of Linda Clinton to the Library Board of Trustees, term expires June 30, 2028.

GOAL STATEMENT
The proposed action supports the City’s goal to provide opportunities for the citizenry to participate in local government through service on various committees, commissions, and boards.

BACKGROUND
The Library Board of Trustees (Board) was established by ordinance in 1913 and the composition and terms of office were amended pursuant to California Library Laws in 1990. The Board is charged with providing materials and staff assistance for meeting the information and educational needs of library users.

Board Member Ralph Cavallo submitted his resignation, effective immediately, to the City Clerk’s office on September 10, 2025 and the City Council accepted his resignation on September 22, 2025.

Pursuant to Government Code Section 54974 the notice of unscheduled vacancy was posted at City Hall, the Library, and the City’s website.

ISSUES AND ANALYSIS
Pursuant to Government Code Section 40605 and Resolution No. 6840 the Mayor shall appoint the Board Members, subject to ratification by a majority of the Council.

Ms. Clinton submitted an application to the City Clerk’s office in 2024 and has expressed her desire to serve on the Library Board of Trustees, the term of this appointment would be through June 30, 2028.

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.

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DATE: October 13, 2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: DAMIEN ARRULA, ASSISTANT CITY MANAGER

BOB CRITCHFIELD, ENGINEERING MANAGER

KIRK SWANNER, ASSOCIATE ENGINEER
SUBJECT: CONSIDER APPROVING THE NOTICE OF COMPLETION FOR THE POLICE DEPARTMENT 2ND FLOOR EXPANSION PROJECT

RECOMMENDED ACTION:

It is recommended that the City Council: 1) approve the work; 2) authorize the City Manager or designee to record the Notice of Completion; 3) reduce the Faithful Performance Bond to 10% for the Police Department 2nd Floor Expansion Project; and 4) authorize a change order increase of $2,096.32 to cover the final construction cost.

GOAL STATEMENT
The proposed action supports the City’s goal to continue to maintain and improve the City’s public infrastructure and maintain a high standard of public health and safety.

BACKGROUND
On November 25, 2024, the City Council awarded the Police Department 2nd Floor Expansion Project to First Trade LLC, dba YMC and authorized $219,100.00 (including contingencies) for the work. The work consisted of expanding the 2nd Floor within the Police Department to accommodate additional work area s.

ISSUES AND ANALYSIS
The contractor has since satisfactorily completed the required improvements. The City can now approve the work, file the Notice of Completion, and reduce the Faithful Performance Bond to 10%. The City will retain the Labor materials Bond for six (6) months and release it, thereafter, provided no liens or stop notices are filed against the project.

Additionally, the final project construction cost exceeded the authorized appropriation amount by $2,096.32, mainly attributed to additional scope to run electrical circuits and install conduits for f uture cubicle installation. Therefore, staff recommends approval of a change order increase.

ENVIRONMENTAL DETERMINATION
The Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), and the State CEQA Guidelines, and determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines. The project involves repair and maintenance of existing public facilities and does not involve any expansion of use beyond that which is existing. The City filed the Notice of Exemption with the County of San Bernardino on November 18, 2024

FISCAL IMPACTS
The final construction cost of $221,196.32 is $2,096.32 (0.96%) over the authorized appropriation amount of $219,100.00. There is available funding in the ARPA Police Building Expansion Account No. 2293201-5529-16135 to cover the overage of $2,096.32.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Categorically exempt pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines.

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Recording requested by
and when recorded mail to:

City of Upland, City Clerk’s Office
460 N. Euclid Avenue
Upland, CA 91786

(Space above this line for Recorder’s use)
This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383
Notice of Completion
Pursuant to Civil Code Section 3093, NOTICE is hereby given that:

The undersigned is the owner of the interest or estate stated below in the property hereinafter described. The full name and address of owner is City of Upland, 460 North Euclid Avenue, Upland, California 91786.

Assessors Parcel Numbers 100639101, in and to the hereinafter described property.

The work was completed on that certain work known as PD 2nd Floor Expansion Project No. 16135 for the undersigned City of Upland, a Municipal Corporation, on the 25th day of September, 2025.

The City accepted the job on the 13th day of October, 2025.

The Contractor on said job was First Trade LLC, DBA YMC of Irvine, California.

The improvement(s) consisted of installing structural steel and concrete floor to expand the 2nd Floor within the Police Department to accommodate future additional work area; and the location of the improvements occurred at the Upland Police Station, 1499 W. 13th Street in Upland, California.

The surety was United Casualty and Surety Insurance Company.

All communications relating to the contract should bear the number above mentioned.

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

Executed this 13th day of October, 2025 at Upland, California.

City of Upland, a Municipal Corporation

Michael Blay, City Manager

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DATE: October 13, 2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT D. DALQUEST, DEVLOPMENT SERVICES DIRECTOR

ALAN FRENCH, PRINCIPAL ENGINEER
SUBJECT: CONSIDER A PPROVAL OF A CONTRACT WITH CORNERSTONE UTILITY

ENGINEERING

RECOMMENDED ACTION:

It is recommended that the City Council approve the contract with Cornerstone Utility Engineering to prepare construction documents for the undergrounding of the Padua Upland 66KV Transmission lines on Stowell Street and a storm drain line in 3rd Avenue; and authorize City Manager to execute the contract .

GOAL STATEMENT
The proposed action supports the City’s goal of pursuing grant funding to supplement local funding sources and exercise prudent fiscal management of the City’s General Fund to get projects shovel ready for future construction .

BACKGROUND
Southern California Association of Governments (SCAG) authors the roadmap for Southern California’s mobility and land use by organizing a nd prioritizing transportation projects across the region, and spearheading programs to meet environmental, economic and equity goals, and support jurisdictions in addressing their diverse transportation and land use needs. SCAG empowers Southern California jurisdictions to work toward regional solutions by facilitating resources and opportunities for local engagement, capacity building and technical assistance, and strategically support and invest in the region’s most impacted communities.

Regional Utilities Supporting Housing (RUSH) Pilot Program The RUSH grant is a pilot program offered by SCAG which provides competitive funding to jurisdictions within the SCAG region for utility infrastructure projects that help local jurisdictions meet their housing p roduction goals . Th e Padua Upland 66KV Transmissio n Undergrounding Project will be funded by the Regional Utilities Supporting Housing (RUSH) pilot program, which had a call for projects within SCAG’s Regional Early Action Planning Grant Program of 2021 (REAP 2.0 Program). REAP 2.0 was established as part of the 2021 California Comeback Plan under AB 140 to confront the statewide housing affordability crisis. SCAG has allocated a total of $35M to the RUSH Pilot Program, $5 million of which is dedicated t o infrastructure planning projects and $30 million of which is dedicated to capital projects.

The RUSH pilot program is focused on funding transformative and significant utility infrastructure projects that include utility infrastructure planning and capital improvements that are designed to support a jurisdiction’s efforts to meet their housing production goals, as defined in the 6th cycle RHNA and housing elements, or overall housing needs, and that are consistent with REAP 2.0 Program Goals and Objectives. Investments in sustainable infrastructure and capacity improvements will be critical to successfully plan for the 1.3 million units of housing required across the SCAG region under the 6th cycle Regional Housing Needs Allocation (RHNA). Furthermore, RUSH affords jurisdictions the opportunity to dedicate resources to proactively upgrade infrastr ucture in areas of anticipated infill growth, allowing them to better serve their communities’ sewer, water, stormwater, and dry utility needs.

In Nov ember 2023, the City applied for a RUSH grant for design for undergrounding of utilities along Stowell Avenue and a storm drain line in 3rd Avenue to assist the development of the Euclid Villas and Magnolia Villas along Stowell Street by WPH Holdings . In December 2023, the City was notified that the application was selected to be funded. In the January 2024 regional council meeting , the city ’s funding request was approved for the design of the utility undergrounding project, and storm drain extension .

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However, there was a hold on the funding due to the state budget. The n in August 2024, staff received written confirmation that the project was funded and can move forward. The next step was for the city to execute the agreement with SCAG, adopt a resolution accepting the grant and authorize a n agreement with SCAG.

On October 28, 2024, the City Council adop ted a Resolution accepting the grant funds in the amount of $303,500.

Staff worked with the SCAG staff to develop the Request for Proposal (RFP) documents, tasks and effort to develop the construction documents . The City published the RFP in July 2025 an d did not receive any proposals by the due date.

Then in August 2025, the City published an RFP to prepare the construction documents for the Padua Upland 66KV Transmission Undergrounding Project . The plans for the project will include a design to underground the transmission lines along Stowell Street from Euclid Avenue to Sultana Avenue and a storm drain line in 3rd Avenue from Stowell Street to 8th Street which will allow for the development of two lots between Stowell Avenue and the Metrolink Railroad tracks from Euclid Avenue to Sultana Avenue . The City received two (2) proposals to prepare the construction documents that were due on August 28, 2025.

ISSUES AND ANALYSIS
The two (2) proposals were received in response to the RFP for designing the Padua Upland 66KV Transmission Undergrounding Project . The proposals were reviewed by a three-person panel and Cornerstone Utility Engineering had the highest average rating. In review of the costs, the proposed fee was within the estimated cost for the design effort .

The funds for this effort are from SCAG and require the City to follow the state public contract code for award of contracts. The grant application for the project was submitted in July 2023 and in September 2023, the City was notified that the grant application was approved, and the money allocation was approved at the August 2023 Southern California Association of Governments Board meeting.

The next step is to execute a professional services agreement and award a contract to develop the c onstruction documents by obtaining data collection, research, and designing the undergrounding plans. After going through the public bid process, this contract with Cornerstone Utility Engineers is now before the City Council.

ENVIRONMENTAL DETERMINATION
This action is only for approval of a contract to prepare the construction documents , which is not considered a project under California Environmental Quality Act (CEQA).

FISCAL IMPACTS
The total contract cost is $303,500. There are available funds in the RUSH Program Account No. 2172208-5258 - 25447 for the undergrounding of the Padua Upland 66KV Transmission Line Project for $225,000 for tasks 1 through 4, an 18% contingency of $40,000 and $38,500 for Southern California Edison charges and fees and $15,000 for the City’s match of the grant which will be covered by staff time and effort, as well as development fees to provide design support and plan processing.

ALTERNAT IV ES
Provide alternative direction to staff.

CEQA: Not a Project .

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CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as of October 13, 2025, by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 (“City”), and Cornerstone Utility Engineering , a California Corporation, with its principal place of business at 13392 Amargosa Road, Victorville CA 92392 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Completion of Plans, Specifications and estimates for undergrounding of electrical transmission lines and storm drain (hereinafter referred to as PSE or “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Work attached hereto as Exhibit “A” (“Services”).

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for the Services at the rates set forth in Exhibit “B” attached hereto.
b. Subject to the provisions set forth in subsection 2.c. hereinafter, l the total amount paid by the City for the Services rendered by Consultant under this Agreement shall not exceed the sum of $225,000 (Two Hundred Twenty-Five Thousand Dollars). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt by the City of a monthly invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

c. The City Manager may approve Additional W ork, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement. In no event shall the total sum of payment made by the City to consultant pursuant to this Agreement exceed $247,500

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(Two Hundred Forty-Seven Thousand Five Hundred Dollars). Any additional work and payment in excess of this amount shall be subject to approval by the City Council.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other Party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). Consultant shall complete the services required hereunder within 16 months following the Notice to Proceed ending on December 31, 2026.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing Party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.

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c. If applicable, the Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consult ant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.

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a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).

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(iii) The policy shall give the City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and it will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “W orkers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage

Automobile Liability $1,000,000 combined single limit Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

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(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) i ncluding the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement.

Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A: VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

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12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and reasonable attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

b. If Consultant’s obligation to indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

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c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub- subconsultants to comply with the same.

15. Reserved.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termina tion. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein.

Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other

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documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Jacob Leon as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: Development Services Director
Development Services Department
CONSULTANT:

Cornerstone Utility Engineering
13392 Amargosa Road
Victorville, CA 9239
Attn: Chad R. Shaules
Title: Chief Executive Officer

and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement

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This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND

AND CONSULTANT

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF UPLAND Cornerstone Utility Engineering
(two signatures required for Corporations.

President OR Vice President AND Secretary OR
Treasurer REQUIRED)

By: By:

Michael Blay
City Manager Its:

Printed Name:

ATTEST:

By: By:

Keri Johnson
City Clerk Its:

Printed Name:

APPROVED AS TO FORM:

By:

Stephen Deitsch
City Attorney

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EXHIBIT A

SCOPE OF WORK
TASK 1: PROJECT MANAGEMENT AND COORDINATION
Task 1.1: Project Kick Off Meeting
Within the first month from issuance of the Notice to Proceed, Grantee shall hold a virtual kickoff meeting with Project Management Team (PMT). The PMT will consist of the SCAG Project Manager and Deputy Project Manager, the City of Upland Project Manager, SCE, Property owner any consultants working on the project, and other relevant staff to review project vision and goals and confirm the direction of the technical approach and engagement efforts.

The kickoff meeting shall be used to review the draft Project Management Plan (PMP, Task

1.2), project scope of work, schedule, and budget; establish a schedule for the Project Management Team meetings (PMT, Task 1.3); identify potential stakeholders to engage (Task 2.1); and confirm communication protocols. Consultant shall also lead a discussion on data collection (Task 1.6). Consultant shall provide the kickoff meeting agenda to meeting attendees at least two business days in advance to allow time to review and revise the agenda. Consultant shall provide meeting notes within two business days after the kickoff meeting to meeting attendees to ensure that next steps and action items are documented.

Consultant is responsible for preparing the agenda, presentation materials, and any handouts ahead of the kickoff meeting and making materials available to all attendees.

Task 1.1 Deliverables:

1.1.1. Project kick off meeting agenda

1.1.2. Project kick off meeting notes and list of attendees

1.1.3. Project kick off presentation and any handouts or any other relevant materials Task 1.2: Project Management Plan and Schedule
Consultant shall prepare a Project Management Plan (PMP), which will include the contact information for the key project team, the scope of work, the schedule, the budget, invoicing progress, reporting details, and document control and QA/QC procedures. The PMP shall include all deliverables and associated deadlines. The PMP will identify a system for projec t control, including necessary procedures for conducting the work; managing resources, communications, budget, schedule, monitoring and reporting project status and progress, document control and quality assurance/quality control. The PMP shall also include safeguards for early identification of issues and their effective resolution. Upon approval by SCAG, the PMP shall be the document guiding the progression on the overall effort.

Consultant shall deliver the PMP at least two business days prior to the Kickoff Meeting.

Consultant shall notify SCAG as swiftly as possible about any potential necessary updates to the PMP. Any proposed changes to the overall PMP must be approved by SCAG. Once SCAG

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has approved any change(s) to the PMP, Consultant shall deliver a revised PMP to the PMT within two business days to serve as the new guiding document for project progression.

Consultant shall develop a project schedule showing all work tasks, subtasks, start dates, activity durations, product submittal dates, key project milestones, and relationships among work tasks, including critical path items. Each task and subtask deliverable shall be provided to the PMT as it is completed, per the project schedule. The PMT shall have a two -week review period for all deliverables. If additional review time is required, the PMT shall inform Grantee/Consultant with as much notice as possible. All comments, edits, suggestions, and questions from the PMT shall be submitted to the PMT. Consultant shall issue clear responses to all questions and suggestions and shall incorporate all comments and edits into a revised deliverable.

Task 1.2 Deliverables:

1.2.1. Project Management Plan (PMP) 1.2.2. Project Schedule Task 1.3: Project Management Meetings
Consultant Project Manager shall conduct monthly check-in meetings with the PMT and any other team members, as needed. The meetings shall be used to update the PMT on project progress, to identify and plan for upcoming tasks, and to anticipate any concerns or forthcoming challenges. Consultant shall provide each meeting agenda at least two business days in advance to meeting attendees to allow the PMT time to review and revise the agenda. Consultant shall provide meeting notes within two business days after each meeting to attendees to ensure next steps and any action items are documented.

Consultant shall provide all meeting materials, including presentation materials, electronically to meeting attendees at least one business day before each check-in meeting.

In addition, Consultant, or their designee, shall be available for check-ins via virtual meetings or phone calls with SCAG or other members of the PMT within one business day of the meeting being requested.

Task 1.3 Deliverables:

1.3.1. Meeting agendas for monthly PMT meetings,1.3.2. Meeting notes with list of attendes

1.3.3. Meeting materials, including presentations and handouts

1.3.4. Documentation of additional check-ins, including virtual meetings and phone calls Task 1.4: Monthly Invoicing and Reporting
Consultant shall prepare monthly invoices and reports in accordance with SCAG invoicing and reporting methodologies. Each report will follow a format approved by the SCAG Project Manager. Consultant shall track and report critical path activities and milestones and prepare and submit monthly progress reports to SCAG. Monthly progress reports shall detail the work performed and deliverables completed during the previous month, identify any issues encountered, and provide proposed solution(s) to address said concerns.

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Each monthly progress report will, at a minimum, include the following:
 Progress report
 Description of tasks completed
 Project schedule describing the percentage of each task/deliverable/milestone towards completion
 Summary of costs incurred by task/milestone and the total amount of funds remaining funding for each task
 Any efforts that are out of project scope

Task 1.4 Deliverables

1.4.1. Monthly invoices 1.4.2. Progress reports
Task 1.5 Project Close-Out Files
At the end of the project, Consultant shall document and assemble all project deliverables and provide them in accordance with SCAG’s project close out procedures. All deliverables shall be provided in accordance with the project schedule.

Consultant shall document all project deliverables in an organized fashion and deliver them in an electronic format at the end of the project, along with an Excel file documenting confirming the completion of all deliverables and documenting their locations. Each task shall have its own folder in the electronic file delivery used. Within each task, there shall be a folder with the name of the deliverable and the final version of each deliverable within it.

Each meeting held shall have its own folder, which shall include agendas, notes, and other relevant materials from that meeting. All deliverables shall be provided in accordance with the project schedule.

Task 1.5 Deliverables:

1.5.1 Project close-out files with accompanying Excel file including the plans, specifications and engineers estimate.

Task 1.6 REAP Metrics, Data Collection, and Reporting
The Grantee/Consultant shall work with the jurisdiction and the SCAG PM on selected measurable outcomes and metrics. The Grantee/Consultant shall collect related existing conditions and report on the selected measurable outcomes, baseline conditions, and metrics pursuant to the project schedule.

Task 1.6 Deliverables:

1.6.1 REAP metrics data collection and reporting
TASK 1 SUMMARY OF DELIVERABLES
Task 1.1 1.1.1. Project kick off meeting agenda

1.1.2. Project kick off meeting notes and list of attendees

1.1.3. Project kick off presentation and any handouts or materials Task 1.2 1.2.1. Project workplan

1.2.2. Project schedule

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Task 1.3 1.3.1. Meeting agendas for monthly PMT meetings

1.3.2. Meeting notes with list of attendees

1.3.3. Meeting materials, including presentations or handouts

1.3.4. Documentation of additional check-ins (up to 12 hours) Task 1.4 1.4.1. Monthly invoices

1.4.2. Progress reports
Task 1.5 1.5.1. Project close-out files with accompanying Excel file Task 1.6 1.6.1. REAP metrics data collection and reporting TASK 2: PUBLIC OUTREACH
Task 2.1: Outreach and Engagement Plan
Consultant shall design a public outreach plan highlighting all meeting and event dates, topics, potential stakeholders, and methods of input. Addition ally, the plan must clearly detail the total number of outreach meetings and events anticipated, as well as any early engagement efforts that Consultant shall begin in advance of the initial meeting or event, such as creating a website for the project. The plan must include a brief description of all meetings and events forecasted to be conducted with stakeholders and delineate what content is anticipated to be vetted with those stakeholders. The outreach plan must also address language accessibility, culturally competent methods and materials, appropriate communications channels and technological access considerations, and mechanisms for meaningful input, follow-up, and follow-through.

The outreach plan shall clearly outline the timing of how the stakeholder engagement activities will inform the overall project and how the feedback gathered will be utilized to inform the various project deliverables. The plan must also identify any deliverables that are expected to be updated based upon the results of the outreach conducted.

To ensure consistency of public information about SCAG programs and SCAG-funded work products, City is required to notify and coordinate with SCAG Project Manager, who will coordinate with SCAG’s Manager of Media & Public Affairs or a specified designee, on any media inquiries or plans for proactively providing information to media outlets.

Task 2.1 Deliverables

2.1.1. Public Outreach Plan with dates, topics, and target audiences

Task 2.2: Introductory Meeting with Southern California Edison (SCE)

The PMT shall coordinate a meeting with SCE to discuss service and undergrounding criteria for transmission facilities, including Rule 20 requirements. The meeting shall go over an agenda including the project requirements, goals, and schedule. In addition, Consultant shall determine if SCE will perform design in-house or use an outside consultant. Consultant shall develop contract for effort and payment schedule or compensation.

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Task 2.2 Deliverables:

2.2.1. Meeting minutes noting acti ons, tasks, timeline, responsibilities Task 2.3: Outreach Events and Summary
Consultant shall plan, develop all materials, lead, and attend at least 1 public meeting or event scheduled at a time and location identified in the Public Outreach Pl an within the Project Area. The outreach must be conducted with a focus on accessibility and convenience for residents of disadvantaged communities (DAC) and historically disinvested communities with the highest potential for infill housing development.

To promote awareness and encourage local support, local elected officials representing at least a portion of the project area shall be invited to outreach activities. The SCAG PM or their designee shall coordinate this with the respective SCAG Government Affairs Officer.

Consultant shall develop accessible, comprehensible, and appealing outreach materials to support the outreach plan. Consultant shall develop social media posts and announcements for the Grantee to distribute on the Grantee’s digital platforms such as social media, newsletters, webpages, and e-blasts.

SCAG shall be credited as a funder of the project. All public-facing communications materials produced under this contract shall acknowledge and give credit to SCAG, whether via a logo or text. Communications materials include, but are not limited to, site signage, printed information materials, print and online publications, websites, advertisements, video, public service announcements, social media postings, events, media advisories, news releases, and all other related materials. If SCAG determines that a communications material does not adequately credit SCAG’s role in funding the project, the Grantee/Consultant shall revise the communications material according to the SCAG PM’s direction.

To ensure consistency of public information about SCAG programs and SCAG-funded work products, City is required to notify and coordinate with the SCAG PM, who will coordinate with SCAG’s Manager of Media & Public Affairs or a specified designee, on any media inquiries or plans for proactively providing information to media outlets related to encouraging participation or reporting on these engagement activities.

Task 2.3 Deliverables

2.3.1. Outreach Materials (flyers, one-sheets, posters, presentations, and other materials) with credit provided to SCAG as the project funder

2.3.2. Outreach Summary Memo, which shall include a synopsis of how feedback was incorporated into the overall project, and incorporation of feedback into the final plan .

TASK 2 SUMMARY OF DELIVERABLES
Task 2.1 2.1.1. Public Outreach Plan with dates, topics, and target audiences.

Task 2.2 2.2.1. Meeting minutes noting actions, tasks, timeline, responsibilities Task 2.3 2.3.1. Outreach Materials (flyers, one-sheets, posters, and presentations)

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with credit provided to SCAG as funder

2.3.2. Outreach Summary Memo, which shall include a synopsis of how feedback was incorporated into the overall project, and incorporation of feedback into the final plan

TASK 3: TECHNICAL WORK
The City will competitively procure the services of an engineering firm and /or utility company to provide design services for the City of Upland Affordable Housing Utilities Planning Project. The improvements proposed under this project consist primarily of undergrounding electrical and storm drain infrastructure (i.e. conduits, vaults, reinforced concrete pipe, catch basins, etc.), installation of storm drain main, and all with associated appurtenances. Designs will be prepared at 30%, 60% and 100% design levels.

Task 3.1: Research and data collection (and SCE Deposit) Consultant shall acquire existing plans, permits and facilities. Consultant shall contact all utilities for size and location of nearby facilities. Consultant shall obtain utility standards, guidelines and regulations for spacing and type of facilities. Perform field survey to locate existing surface features and topography. City to provide deposit to SCE.

Task 3.1 Deliverables

3.1.1. Plans and historic data for existing facilities, utility company standards, and guidelines for use in planning and design

3.1.2. SCE deposit receipt
Task 3.2 Electrical Undergrounding Planning: Rule 20 Application Consultant shall review and complete SCE Rule 20 application including project limits, scope and affected facilities using guidelines for project information and details. Consultant shall coordinate a meeting with SCE to facilitate the application and address any items for clarification, and seek SCE’s application approval. In addition, Consultant shall obtain schedule for review and request notification when complete. Consultant shall perform property survey to locate road right of way, property owner and any easements for utility, drainage or access purposes.

Task 3.2 Deliverables

3.2.1. Submitted application to SCE for review and processing

3.2.2. Approved Rule 20 application

3.2.3. Property map with distances, bearings and callouts showing property lines, road right-of-way and easements

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Task 3.3 Electrical Undergrounding Planning: Meeting attend with Utilities, City, and Developers
Consultant shall design project to underground existing overhead electrical transmission.

Consultant shall use input and data obtained from meetings with City and utility provider (SCE), including agreed-upon standards and guidelines. Said meetings will be coordinated and facilitated by the Grantee and shall include clarification and agreement upon which standards and guidelines shall be used for the project (i.e. City standards, SCE standards, American Public Works Association [APWA] standards, etc.). Consultant shall design undergrounding to accommodate future residential housing project.

Task 3.3 Deliverables

3.3.1. Meeting minutes noting actions, tasks, timeline, responsibilities Task 3.4 Electrical Undergrounding Planning: Design, Specifications, and Estimate Consultant shall develop plans for undergrounding improvements including details, conduits and structures needed for electrical facilities. Consultant shall draft specifications for construction including performing work, materials to use and payment for effort. Consultant shall prepare cost estimates for construction projects including performing work, and all materials and incidentals needed to construct project, will be used for bidding purposes.

Task 3.4.A – Preliminary Design (30% Review)
Develop a preliminary design for each of the projects to review with City and SCE staff. An approximate 30% design-level will constitute a Preliminary Design. Some of the key elements to be included in the Preliminary Design are:

30% Design:
a. Electrical Underground Utility Improvements:

1. Utility Research

2. Geotechnical Investigation and Report

3. Topographical Survey

4. Permits required from other jurisdictions

5. Preliminary Conduit and Wiring Improvement Plans

Task 3.4.B – Design Review (60% Review)
Develop a design of the project to review with City and SCE staff. An approximate 60% Design-level will constitute a Design Review for this project. Some of the key elements to be included in the 60% Design are:

60% Design:
a. Electrical Conduit and Wiring Improvements:

1. Utility Research should be complete. All existing utilities should be shown and identified on the various Plan Sheets.

2. Geotechnical Investigation and Report should be complete, stamped and sealed by the Geotechnical Engineer.

3. Topographical Survey should be complete, stamped and signed by a California Licensed Land Surveyor or California Licensed Civil Engineer authorized to practice Land Surveying.

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4. 60% Conduit Improvement Plans

5. Preliminary Cost Estimate

Task 3.4.C – Final Design and Preparation of Construction Documents (100%) Final Engineering Documents prepared by the Consultant shall include all engineering services required by the City and SCE to construct the necessary public improvements. Final Engineering shall include detailed engineering calculations, construction plan and profiles, special provisions, and engineer’s cost estimates for the project that will enable the City to advertise and award the construction contract for the project. Components of this task include:

100% Design:
a. Electrical Conduit and Wiring Improvements:

1. 100% Conduit and Wiring Plans, Details, and Title Sheet.

2. 100% Traffic Control Plans and Details.

3. Preparation of the Special Provisions portion of the Specifications.

Special Provisions shall include two sections, General Requirements and Definition of Bid Items.

Task 3.4 Deliverables

3.4.1. Construction documents including plans, specifications and engineer estimate for bid purposes
Task 3.4.1A Deliverables for 30%
a. Electrical Conduit and Wiring Improvements

1. Copy of all utility notices sent and utility plans received (1 electronic PDF of each utility plan).

2. Geotechnical Investigation and Report (2 paper copies + electronic PDF).

3. Topographical Survey (2 paper copies + electronic PDF).

4. Draft Electrical Conduit and Wiring Improvement Plans (2 paper copies, 24”x36” + electronic PDF).

5. Draft traffic control plans (2 paper copies, 24”x36” + electronic PDF).

Task 3.4.1B Deliverables for 60%:
a. Electrical Conduit and Wiring Improvements

1. Copy of all utility plans received (1 electronic PDF of each utility plan).

2. 100% complete Geotechnical Investigation and Report (2 paper copies + electronic PDF).

3. 100% complete Topographical Survey (2 paper copies, 24” x 36” + electronic AutoCAD and PDF).

4. 60% Electrical Conduit Improvement Plans, Details, and Title Sheet (2 paper copies, 24”x36” + electronic PDF).

5. Traffic Control Plans (2 paper copies, 24”x36” + electronic PDF).

6. Preliminary Cost Estimate reflecting the improvements to be constructed (2 paper copies + electronic Microsoft Excel format).

Task 3.4.1C Deliverables 100%:
a. Electrical Conduit and Wiring Improvements.

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1. Engineering Stamped & Signed Conduit and Wiring Improvement Plans, Details, and Title Sheet (2 paper copies 24” x 36”, 1 wet-signed Mylar copy + electronic AutoCAD and PDF).

2. Engineering Stamped & Signed Traffic Control Plans and Details (2 paper copies 24” x 36”, 1 wet-signed Mylar copy + electronic AutoCAD and PDF).

3. Special Provisions portion of the Specifications (1 paper copy, 8.5” x 11” + electronic in Microsoft Word format).

4. Engineer’s Cost Estimate reflecting all improvements to be constructed (1 paper copy, 8.5” x 11” + electronic Microsoft Excel format).

5. Bid Schedule listing all the proposed bid items and quantities for the project (2 paper copies + electronic Microsoft Excel format).

Task 3.5 Electrical Undergrounding Planning: Environmental Clearance City and SCE shall review plans, specs and estimate, and file appropriate environmental documents. It is anticipated that environmental clearance will be Class I under CEQA - NOE.

Consultant shall file Notice of Exemption with the County for environmental clearance determination of the project.

Task 3.5 Deliverables

3.5.1. Environmental clearance determination document (i.e. Notice of Exemption) Task 3.6 Storm Drain Planning: Procure Engineering Firm City shall draft a Request for Proposal (RFP) to design storm drain. City shall prepare and Award, Administer, and Advertise RFP.

Task 3.6 Deliverables

3.6.1. RFP, executed contract to develop storm drain construction documents Task 3.7 Strom Drain Planning: Develop Design and Engineering Plans Consultant shall use input and data obtained from meetings, standards and surveys to design underground storm drains to accommodate future residential housing project.

Consultant shall develop plans for storm drain improvements including details, pipe type, sizes and structures needed for storm drain. Consultant shall draft specifications for construction including performing work, materials to use and payment for effort. Consultant shall prepare cost estimates for constructing the project including performing work, all materials needed, and incidentals to construct project.

Task 3.7.A 30% Underground Storm Drain Improvements

1. Utility Research

2. Geotechnical Investigation and Report

3. Topographical Survey

4. Permits required from other jurisdictions

5. Preliminary Storm Drain Improvement Plans & Profiles

6. Existing Pipeline relocations/realignments (if necessary)

Task 3.7.B. 60% Storm Drain Improvements:

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1. Utility Research should be complete. All existing utilities should be shown and identified on the various Plan & Profile Sheets.

2. Geotechnical Investigation and Report should be complete, stamped, and sealed by the Geotechnical Engineer

3. Topographical Survey should be complete, stamped, and signed by a California- Licensed Land Surveyor or California-Licensed Civil Engineer authorized to practice Land Surveying

4. 60% Storm Drain Improvement Plans & Profiles

5. 60% Water Improvement Plans & Profiles

6. Existing Pipeline relocations/realignments (if necessary)

7. Preliminary Cost Estimate

Task 3.7.C 100% Storm Drain Improvements:

1. 100% Storm Improvement Plans & Profiles, Details, and Title Sheet

2. 100% Traffic Control Plans and Details

3. Preparation of the Special Provisions porti on of the Specifications

Special Provisions shall include two sections, General Requirements and Definition of Bid Items.

Task 3.7 Deliverables

3.7.1. Construction documents including plans, specifications, and engineer estimate for bid purposes
Task 3.7.1A 30% Storm Drain Improvements

1. Copy of all utility notices sent and utility plans received (1 electronic PDF of each utility plan)

2. Geotechnical Investigation and Report (2 paper copies + electronic PDF)

3. Topographical Survey (2 paper copies + electronic PDF)

4. Draft Storm Drain Improvement Plans & Profiles (2 paper copies, 24”x36” +electronic PDF)

5. Draft traffic control plans

Task 3.7.1B 60% Storm Drain Improvements

1. Copy of all utility plans received (1 electronic PDF of each utility plan)

2. 100% complete Geotechnical Investigation and Report (2 paper copies+ electronic PDF)

3. 100% complete Topographical Survey (2 paper copies, 24” x 36” + electronic AutoCAD and PDF)

4. 60% Storm Drain Improvement Plans & Profiles, Details, and Title Sheet (2 paper copies, 24”x36” + electronic PDF)

5. 60% Water Improvement Plans & Profiles, Details, and Title Sheet (2 paper copies, 24”x36” + electronic PDF), if necessary

6. 60% Traffic Control Plans (2 paper copies, 24”x36” + electronic PDF)

7. Preliminary Cost Estimate reflecting the improvements to be constructed (2 paper copies + electronic Microsoft Excel format)

Task 3.7.1C 100% Storm Drain Improvements.

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1. Engineering Stamped & Signed Storm Drain Improvement Plans & Profiles, Details, and Title Sheet (2 paper copies 24” x 36”, 1 wet-signed Mylar copy + electronic AutoCAD and PDF)

2. Engineering Stamped & Signed Water Improvement Plans & Profiles, Details, and Title Sheet (2 paper copies 24” x 36”, 1 wet-signed Mylar copy [if necessary] + electronic AutoCAD and PDF)

3. Engineering Stamped & Signed Traffic Control Plans and Details (2 paper copies 24” x 36”, 1 wet-signed Mylar copy + electronic AutoCAD & PDF)

4. Special Provisions portion of the Specifications (1 paper copy, 8.5” x 11” + electronic in Microsoft Word format)

5. Engineer’s Cost Estimate reflecting all improvements to be constructed (1 paper copy, 8.5” x 11” + electronic Microsoft Excel format)

6. Bid Schedule listing all the proposed bid items and quantities for the project (2 paper copies + electronic Microsoft Excel format)
Task 3.8 Storm Drain Planning: Environmental Clearance
City shall plan to review plans, specifications and estimate, and file appropriate environmental documents. It is anticipated that environmental clearance will be Class I under CEQA - NOE. If an exemption will be granted, the type will be determined upon commencement of the work.

Task 3.8 Deliverables

3.8.1. Environmental clearance determination document (i.e. Notice of Exemption) Task 3.9 Strom Drain Planning: Permit and Right of Way (ROW) Certification Consultant shall perform property survey to locate road right-of-way, determine property owner, and identify any easements for utility, drainage or access purposes.

Task 3.9 Deliverables

3.9.1. Property map with distances, bearings, and callouts showing property lines, road right-of-way and easements

TASK 3 SUMMARY OF DELIVERABLES
Task 3.1 3.1.1. Acquire all plans and historic data for existing facilities, utility company standards, and guidelines for use in planning and design

3.1.2. SCE deposit receipt
Task 3.2 3.2.1. Submit application to SCE for review and processing

3.2.2. Approved Rule 20 application

3.2.3. Property map with distances, bearings, and callouts showing property lines, road right-of-way, and easements
Task 3.3 3.3.1. Meeting minutes noting acti ons, tasks, timeline, responsibilities Task 3.4 3.4.1. Construction documents including plans, specifications, and engineer estimate for bid purposes
Task 3.5 3.5.1. Environmental clearance determination document (i.e. Notice of Exemption)
Task 3.6 3.6.1. Executed contract to develop storm drain construction documents

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Task 3.7 3.7.1. Construction documents including plans, specifications, and engineer estimate for bid purposes
Task 3.8 3.8.1. Environmental clearance determination document (i.e. Noti ce of Exemption)
Task 3.9 3.9.1. Property map with distances, bearings, and callouts showing property lines, road right-of-way, and easements

TASK 4: Implementation Plan
Following the approval or other action taken on the Implementation Plan by both the City Council and SCE, Consultant shall adjust and update the final document based upon any comments received. The final document will then be sent to the City, SCE, and SCAG upon completion, along with a summary of all comments issued by both the City Council and SCE, as well as the final metrics collected from the project, as described in Task 1.6.

Task 4.1 Deliverables

4.1.1. Implementation Plan

4.1.2. Final project metrics

4.1.3. City Council consideration, approval or other action on the Implementation Plan (agenda, minutes, staff report)
TASK 4 SUMMARY OF DELIVERABLES
Task 4 4.1.1. Implementation Plan

4.1.2. Final project metrics

4.1.3. City Council consideration, approval or other action on the Implementation Plan (agenda, minutes, staff report)

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Attachment “B” – Rate Sheet

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Attachment “C” – Project Location

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CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT

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://www.uplandca.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 Member(s):
___ NO
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 Signature of authorized individual
_____________________________
Company/Applicant Name

(Levine Act definitions on reverse side)
10-6-25 - CEO
Cornerstone Utility Engineering

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LEVINE ACT DISCLOSURE STATEMENT DEFINITIONS

Term Definition Law
Covered
"proceedings"
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:
(1) Applied for by the party;
(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.

FPPC Reg 18438.2(a)
Party
Any person who files an application for, or is the
subject of, a proceeding involving a license, permit, or other entitlement for use.

Gov. Code 84308(a)(1)
Participant
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 the decision. A person actively supports or opposes a
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.

Gov. Code 84308(a)(2)
FPPC Reg 18438.4
Agent
A person who represents a party or participant for
compensation and appears before or otherwise
communicates with the governmental agency for the
purpose of influencing the pending proceeding. See
FPPC Reg 18438.3 for exceptions for certain
consultants.

FPPC Reg 18438.3
Competitively Bid
A contract required by law to be awarded to the lowest
responsible bidder with a responsive bid, or, if the
successful bidder refuses or fails to execute the
contract, to the next lowest bidder with a responsive
bid.

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

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

FPPC Reg
18438.2(a)(3)(C)-(D)

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DATE: October 13, 2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT D. DALQUEST, DEVELOPMENT SERVICES DIRECTOR SUBJECT: CONSIDER APPROVAL OF AN AMENDMENT TO COLONIES AT SAN ANTONIO SPECIFIC PLAN TO AMEND VARIOUS SIGN REGULATIONS WITHIN SECTION 7.7 (SIGN

STANDARDS)

RECOMMENDED ACTION:

It is recommended that the City Council: 1) Determine the Ordinance and Resolution are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15162 of the CEQA Guidelines; and hold first reading by title only, waive further reading, and introduce an Ordinance amending Specific Plan No. 7, Amendment No. 8 to replace two permitted secondary freeway pylon signs with two, double -sided digital billboards which would be 672 square feet in size per face and up to a maximum of 65 feet in height above the elevation of the freeway roadway; and 2) Adopt a Resolution approving Amendment No. 1 to the Colonies Crossroads Comprehensive Sign Program to replace two approved secondary freeway pylon signs with two, double -sided digital billboards which would be 672 square feet in size per face and up to a maximum of 65 feet in height above the freeway roadway elevation .

GOAL STATEMENT
The proposed action supports the City’s goal of ensuring regulations support the retention and attraction of major retail tenants within the Colonies Crossroads Commercial Center and for its economic sustainability.

BACKGROUND
The applicant, Colonies Crossroads, Inc., is seeking approval of a Specific Plan Amendment (the “SPA”) to amend various sign regulations within Section 7.7 (Sign Standards) in the Colonies at San Antonio Specific Plan (the “CASASP”). The purpose is to allow digital Billboards as a permitted use, and to replace two secondary freeway pylon signs containing electronic message displays depicted in Figure 7.7 (Commercial Signage Location) with two double-sided digital Billboards which would be 672 square feet in sign area per face and up to a maximum of 65 feet in height above the elevation of the freeway roadway. Attached as Exhibit A is the legislative version of the SPA to Section 7.7 (Sign Standards). Both sites are within the Highway Commercial (CH) land use designation in the CASASP. Attachment A is the Ordinance with the codified Section 7.7.

The applicant is also seeking an amendment to the Comprehensive Sign Program for the Colonies Crossroads commercial center. The amendment would replace the exhibit on Page 8(a) in the Sign Program which depicts various signage locations and types of signage with the two digital Billboard locations in lieu of two secondary freeway pylon signs which contain electronic message center displays on one side of each sign. The amendment would also replace

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The Planning Commission reviewed the proposed SPA and modification to the comprehensive sign program at a public hearing on June 25, 2025, and is recommending approval. After the Planning Commission meeting, the proposed SPA was modified relative to the maximum height of the proposed Billboards above the elevation of the adjacent freeway roadway. Staff received modified elevations which did not require the Billboards to be taller than 65 feet above the elevation of the freeway roadway. The proposed SPA was modified to lower the maximum height standard from 90 feet to 65 feet above the elevation of the freeway roadway. The modified elevations were received after the deadline to submit the public hearing notice to the newspaper which reflected the 90-foot standard. As the modification resulted in a lower maximum height standard than originally advertised, there is no legal issue with going forward with the SPA.

Authorization/Guidelines
Upland Municipal Code Section 17.43.050(E) requires that if one or more planning entitlement applications are submitted concurrently for a single proposed project, each application shall be acted upon concurrently by the highest

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review authority. In this case, the highest review authority is the City Council due to the specific plan amendment being a legislative action which requires City Council approval.

Special Notice Requirement
Senate Bill 18 requires cities and counties to conduct consultations with California Native American tribes before a general plan amendment or specific plan amendment is approved by the local jurisdiction. A letter is sent to a list of Indian Tribes that is obtained from the State Native American Heritage Commission. The letter provides the tribes with a description of the specific plan amendment and establishes a 90-day consultation period. Letters were sent out on March 5, 2025. Staff did not receive any requests from the tribes to consult on the specific plan amendment.

ANALYSIS

SPECIFIC PLAN AMENDMENT
The SPA proposes replacing two of the four Secondary Freeway Pylon Signs that are permitted to contain LED electronic message center displays (on-site advertising only) in the Sign Standards with the two proposed digital Billboards. Only one Secondary Freeway Pylon Sign has been constructed and is located between Nordstrom Rack and the Eastbound 210 On-Ramp. Currently, the Secondary Freeway Pylon Signs are allowed to be 480 square feet in sign area and a maximum of 55 feet above the elevation of the freeway roadway.

The proposed digital Billboards are located near the 210 Freeway and Campus Avenue Interchange. Site 1 proposed for a digital Billboard (BB1) is located on the south side of the 210 Freeway, west of the Campus Avenue Eastbound Off-Ramp in Planning Area 18 of the CASASP (See Exhibit B). The site is triangular-shaped and approximately 2,032 square feet in size and is atop the area supported b y a large retaining wall that runs along the north side of the Colonies Crossroads commercial center and specifically at the northwest area of the Chick-fil-a parking lot. Lamar Advertising is negotiating a lease with Colonies Crossroads, LLC. for this site. The proposed digital billboard will be sixty-five (65) feet in height above the elevation of the adjacent freeway roadway and 100 feet overall in height due to the site being thirty-five (35) feet below the elevation of the freeway roadway where the Billboard is to be located.

The sign face will be forty-eight (48) feet in width and fourteen (14) feet in height for an overall sign area of 672 square feet.

Site 2 for the other proposed digital Billboard is located on the north side of the 210 Freeway, east of the Campus Avenue Westbound Off-Ramp in Planning Area 21 of the CASASP (See Exhibit C). This site is a large landscape finger planter approximately 2,220 square feet in size and located in the southerly part of the parking lot of a multiple - tenant commercial building at 1202 E. 20th Street. Colonies Crossroads, Inc., owns an easement on the site and is leasing this to Lamar Advertising. The new digital billboard will be sixty-five (65) feet in height since the site is near the grade of the Freeway roadway. The sign face dimensions, and sign area will be the same as the Billboard on Site

1. Both digital Billboards will be designed as a pylon sign and are double-faced, and contain a high-resolution LED illumination, similar to the new Lamar Billboards constructed several years ago along the 210 Freeway in Rialto. The colors and design will be consistent with the four existing Colonies Crossroads Freeway Pylon signs. The column will contain an aluminum cover with a Texcote finish which is a high -performance exterior coating known for its durability and ability to protect against the elements.

The amendments are proposed to Section 7.7 (Sign Standards) of the CASASP and are summarized as follows:

 Modify Table 7.H which provides the regulations fo r type, size and number of signage permitted in the Colonies Crossroads commercial center by adding a new section for Billboards and specific regulations. The change eliminates two secondary freeway pylon signs that were allowed to contain LED electronic message displays that were eighteen (18) feet wide by twenty-six (26) feet tall.

 Modify Figure 7.7 which provides the locations of the signage that is allowed in the Colonies Crossroads commercial center. The proposed change replaces two secondary freewa y pylon signs (SP1 and SP3) with the two proposed digital Billboards (BB1 and BB2).

 Modify Section 7.7.7 (Commercial Signage) which lists the allowed types of commercial signage by adding a new subsubsection (k) for Outdoor Advertising Structures or signs (Billboards). This new subsection provides eleven (11) regulations for Billboards which include:

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o Requiring the removal of two existing legal, nonconforming Billboards in the City for every new digital billboard constructed and approval of a Relocation Agreement. o Establishes the maximum size and height as mentioned above. o Requires the timing of message changes to be no more frequent than one every six seconds, and that blinking and/or moving characters are prohibited.
o Billboards shall contain automatic dimmers that maintain brightness at a level of 0.3 -foot candle over ambient light at 250 feet.
o The City shall be entitled to place public service announcements on the Billboards on an “as available” basis.

 Modify Section 7.7.12 (Prohibited or Restricted Signs) by deleting subsection (c) which prohibits outdoor advertising structures or signs that advertises products or services that are not produced or sold upon the premises where the signs are located.

Staff included within new Section 7.7.7(k)(1) the requirement for a Relocation Agreement. The Relocation Agreement enables the Billboard company to construct new digital Billboards within the commercial designation of the CASASP Area provided a minimum of two (2) legal, nonconforming Billboards (Static or paper) owned by the company are removed for each new digital Billboard(s) constructed on private property (2:1 Ratio). Lamar Advertising currently has 9 legal, nonconforming Billboards located within the City. The Relocation Agreement will also contain other provisions including an indemnification clause and other regulatory requirements. The Relocation Agreement will come back to the City Council for approval.

REQUIRED FINDING
Under Article 8 of the State Planning and Zoning Laws, adoption of a Specific Plan or an amendment to a Specific Plan must be consistent with the City’s General Plan. The more recent version of the Colonies at San Antonio Specific Plan was approved on September 30, 2002 (Modification #2) and was found to be consistent with the City’s General Plan. There have been five (5) subsequent Amendments since the adoption of the Specific Plan which addressed specific regulations with the most recent Amendment adopted on August 13, 2012, by Ordinance No. 1866. All of these Amendments have been determined to be consistent with the City’s General Plan.

Amendment No. 8 proposes to allow digital Billboards as a permitted use and to allow two Billboards to be constructed in place of two secondary freeway pylon signs which were allowed to contain electronic message center displays. The City’s General Plan is silent with respect to signage. However, Policy CC -1.6 from the Community Character and Urban Design Element regarding view protection states: “Direct private development to enhance public view corridors of the San Gabriel Mountains, where feasible. These views are an integral part of the City’s geographic space and provide a unique sense of place for Upland as a foothill community”. The proposed changes are consistent with this policy as the proposed two Billboards would replace two approved secondary freeway pylon signs which are permitted to be constructed under the current Sign Standards of the CASASP. The proposed SPA does not result in a substantial increase in the signage currently allowed for the Colonies Crossroads commercial center. The SPA would not alter the previous determination of general plan consistency as the proposed digital Billboards are only 195 square feet larger in sign area and are propo sed to be ten (10) feet taller in height than the secondary freeway pylon signs.

Both digital Billboards will be designed as a pylon sign, and the colors and design will be consistent with the four (4) existing Primary Freeway Pylon signs.

AMENDMENT TO THE COMPREENSIVE SIGN PROGRAM
The Amendment to the Colonies Crossroads Comprehensive Sign Program will implement the changes in the SPA.

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center. This page will be modified to remove secondary freeway pylon signs (SP1 and SP3) with the two proposed digital Billboards (See Exhibit 1 to Resolution). Page 15(c) depicts the sign elevations of the two secondary freeway pylon signs (SP1 & SP3) which are permitted and contain electronic message center displays. This page will be replaced with the elevations of the digital Billboards located on the south and north sides of the freeway (See Exhibit 2 to Resolution). All other provisions of the Comprehensive Sign Program will remain the same. The existing Comprehensive Sign Program is attached as Exhibit D).

ENVIRONMENTAL DETERMINATION
On September 24, 2002, a Final Environmental Impact Report (EIR) was certified by the City Council for a comprehensive update to the Colonies at San Antonio Specific Plan. The EIR evaluation included Section 7.7 which sets forth sign development standards, sign guidelines and conceptual placement locations to maximize identification of the project as a distinct planned community, and to maximize the visibility of individual commercial tenants. The

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evaluation included Planning Area 18 and 21 where the proposed SPA would replace two of the secondary freeway pylon signs with two digital Billboards. The EIR determined that the project and all components, which included signage, would not have a significant impact on aesthetics, scenic resources and visual character or light and gl are.

On August 13, 2012, an Addendum to the Final EIR for the Colonies at San Antonio Specific Plan was approved for Modification No. 7 (Ordinance 1866) which included allowing LED message center displays as alternative to standard “can” lighting on four faces of the approved “Primary” and “Secondary” freeway pylon signs located in Planning Area 18, 19, 20 and 21. Prior to rendering a decision on Modification No. 7, a subsequent or supplemental EIR was not required as none of the conditions described in Section 15162 and Section 15163 of the CEQA Guidelines existed, and preparation of an Addendum to the FEIR meets the requirements of CEQA as follows:

 Major EIR revisions are not required: There is no evidence that major changes to the certified EIR are required. Comparison of the original Specific Plan SPR-7 to the Project indicates that there are no new significant or more severe environmental impacts, and that the approval of the Project would have the same or reduced impacts as those described in the certified EIR.

 No substantial change in circumstances requiring major EIR revisions due to the involvement of significant new or more severe impacts: There is no information in the record, or otherwise available, that indicates that there are substantial changes in circumstances that would require major changes to the certified EIR. In addition, there is no information in the record that shows there will be new significant effects or more severe impacts than previously identified, or any new information that suggests new mitigation measures or mitigation measures previously identified as infeasible are now, in fact, feasible.

 No new information showing effects of greater significance than identified in the EIR: There is no substantial new information that was not available at the time the EIR was certified, indicating there will be a new and significant impact requiring major revisions to the certified EIR.

 No new information showing ability to reduce significant effects identified in the EIR: There are n o new significant impacts requiring identification of new or additional alternatives to the Project, or consideration of new or additional more significant effects identified in the EIR.

Therefore, the proposed Amendment No. 8 to allow Billboards as a per mitted use and allow two digital Billboards to be constructed in place of two secondary freeway pylon signs with LED electric message center displays will not create a significant change and will be consistent with the findings made for Modification No. 7 relative to Section 15162 and Section 15163 of the CEQA Guidelines. The net difference in Amendment 8 than what was previously approved under Modification No. 7 would result in the proposed two digital Billboards increasing in size by a total of 195 square feet in sign area and nor more than 10 feet taller in height above the adjacent freeway roadway than the two secondary freeway pylon signs to be replaced. Both digital Billboards will be designed as a pylon sign, and the colors and design will be consistent with the four existing Primary Freeway Pylon signs.

FISCAL IMPACTS
Staff’s costs in processing the Specific Plan Amendment and modification to the Colonies Crossroads Comprehensive Sign Program were paid by the applicant at project submittal.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Determined to be Statutorily Exempt pursuant to Section 15162 and 15163 of CEQA Guidelines.

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA AMENDING SPECIFIC PLAN NO. 7,
AMENDMENT NO. 8 TO REPLACE TWO PERMITTED SECONDARY

FREEWAY PYLON SIGNS WITH TWO, DOUBLE-SIDED DIGITAL
BILLBOARDS WHICH WOULD BE 672 SQUARE FEET IN SIZE PER
FACE AND UP TO A MAXIMUM OF 65 FEET IN HEIGHT ABOVE

THE ELEVATION OF THE FREEWAY ROADWAY, AND FIND THAT

THE PROJECT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT SECTION
15162 OF THE CEQA GUIDELINES LOCATED WITHIN THE

COLONIES AT SAN ANTONIO SPECIFIC PLAN LOCATED NEAR
THE CAMPUS AVENUE / 210 FREEWAY INTERCHANGE WITH
ASSESSOR’S PARCEL NUMBERS 1044-111-18, 1044-111-50

WHEREAS, Colonies Crossroads, LLC c/o Dan Richards (Applicant) has filed applications requesting approval of the Project; and

WHEREAS, on September 24, 2002, a Final Environmental Impact Report (EIR) was certified by the City Council for a comprehensive update to the Colonies at San Antonio Specific Plan. The EIR evaluation included Section 7.7 which sets forth sign development standards, sign guidelines and conceptual placement locations to maximize identification of the project as a distinct planned community, and to maximize the visibility of individual commercial tenants. The evaluation included Planning Area 18 and 21 where the proposed SPA would allow two of the secondary freeway pylon signs to be replaced with two digital Billboards. The EIR determined that the project and all components, which included signage, would not have a significant impact on aesthetics, scenic resources and visual character or light and glare; and

WHEREAS, on August 13, 2012, an Addendum to the Final EIR for the Colonies at San Antonio Specific Plan was approved for Modification No. 7 (Ordinance 1866) which included allowing LED message center displays as alternative to standard “can” lighting on four faces of the approved “Primary” and “Secondary” freeway pylon signs located in Planning Area 18, 19, 20 and 21. Prior to rendering a decision on Modification No. 7, a subsequent or supplemental EIR was not required as none of the conditions described in Section 15162 and Section 15163 of the CEQA Guidelines existed, and preparation of an Addendum to the FEIR met the requirements of CEQA as follows:

• Major EIR revisions are not required: There is no evidence that major changes to the certified EIR are required. Comparison of the original Specific Plan SPR-7 to the Project indicates that there are no new significant or more severe environmental impacts, and that the approval of the Project would have the same or reduced impacts as those described in the certified EIR;

• No substantial change in circumstances requiring major EIR revisions due to the involvement of significant new or more severe impacts: There is not information in the record, or otherwise available, that indicates that there are substantial changes in circumstances that would require major changes to the certified EIR. In addition, there is no information in the record that shows there will

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Ordinance No.

Page 2 ends

be new significant effects or more severe impacts than previously identified, or any new information that suggests new mitigation measures or mitigation measures previously identified as infeasible are now, in fact, feasible;

• No new information showing effects of greater significance than identified in the EIR: There is no substantial new information that was not available at the time the EIR was certified, indicating there will be a new and significant impact requiring major revisions to the certified EIR;

• No new information showing ability to reduce significant effects identified in the EIR: There are no new significant impacts requiring identification of new or additional alternatives to the Project, or consideration of new or additional more significant effects identified in the EIR; and

WHEREAS, Approval of Specific Plan No. 7, Amendment 8 and Amendment 1 to the Colonies Crossroads Comprehensive Sign Program results in the project site allowing the proposed land use; and

WHEREAS, Article 8 of the State Planning and Zoning Laws Upland provides that the City Council, before it approves Amendment 8 to Specific Plan No. 7 must find that the Specific Plan Amendment is consistent with the City of Upland General Plan, as hereinafter provided, that the evidence presented shows that the findings referenced in Section 3 of this Ordinance can be made; and

WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code § 21000 et seq.) (“CEQA”), the City of Upland as the lead agency determined that the Specific Plan Amendment does not require any subsequent or supplemental Environmental Impact Report (“EIR”) pursuant to Section 15162 and Section 15163 of the CEQA Guidelines; and

WHEREAS, to comply with Senate Bill 18, letters were sent on March 5, 2025 to a list of Indian Tribes that staff obtained from the State Native American Heritage Commission, and no Indian Tribes contacted staff to consult; and

WHEREAS, the City of Upland Planning Commission held a noticed public hearing on June 25, 2025, and is recommending approval on Specific Plan No. 7, Amendment No. 8; and

WHEREAS, the City of Upland City Clerk on September 12, 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 Division on September 11, 2025, mailed the public hearing notice to each property owner within a 500-foot radius of both project sites indicating the date and time of the public hearing in compliance with state law concerning the Project; and

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Ordinance No.

Page 3 ends

WHEREAS, the City of Upland City Council continued a noticed public hearing on September 22, 2025 to October 13, 2025; and

WHEREAS, the City of Upland City Clerk on September 23, 2025 posted two notices of continued public hearing at the Upland City Hall Chamber entrances and on the City’s website; and

WHEREAS, the City of Upland City Council held a noticed public hearing on October 13, 2025.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS:

Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference.

Section 2. Delete Section 7.7 (Sign Standards) of Specific Plan No. 7, also known as the Colonies at San Antonio Specific Plan, in its entirely and replace with amended Section 7.7 as provided in Exhibit A to this Ordinance.

Section 3. FINDINGS. The City Council hereby makes the following findings and determinations in connection with the approval of the Ordinance.

A. The proposed SPA is consistent with the various policies of the General Plan, specifically:

Policy CC-1.6 from the Community Character and Urban Design Element regarding view protection states: “Direct private development to enhance public view corridors of the San Gabriel Mountains, where feasible. These views are an integral part of the City’s geographic space and provide a unique sense of place for Upland as a foothill community”

Fact: The proposed changes are consistent with this policy as the proposed two Billboards would replace two secondary freeway pylon signs which are allowed to be constructed under the current Sign Standards of the Colonies at San Antonio Specific Plan. The proposed Specific Plan Amendment (SPA) does not result in a substantial increase in the signage currently allowed for the Colonies Crossroads commercial center. The SPA would not alter the previous determination of general plan consistency as the proposed digital Billboards are only 195 square feet larger in sign area and are proposed to be 10 feet taller in height than the secondary freeway pylon signs. Both digital Billboards will be designed as a pylon sign, and the colors and design will be consistent with the four existing Primary Freeway Pylon signs.

Section 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Pursuant to the California Environmental Quality Act (CEQA) Guidelines and the City’s Local

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Ordinance No.

Page 4 ends

Guidelines, pursuant to the California Environmental Quality Act (Public Resources Code § 21000 et seq.) (“CEQA”), the City of Upland as the lead agency determined that the proposed Amendment No. 8 to Specific Plan No. 7 and Amendment No. 1 to the Colonies Crossroads Sign Program to allow Billboards as a permitted use and allow two Billboards to be constructed in place of two secondary freeway pylon signs with LED electric message displays will not create a significant change and will be consistent with the findings made for Modification No. 7 relative to Section 15162 and Section 15163 of the CEQA Guidelines.

Section 5. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance 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 Ordinance 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 Ordinance shall become effective thirty (30) days from its adoption.

Section 7. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Upland, pursuant to all legal requirements.

PASSED, APPROVED, AND ADOPTED this ____ day of _________, 2025.

Bill Velto, Mayor

I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the 13th day of October, 2025, and was adopted at a regular meeting of the City Council of the City of Upland on the ____ day of __________, 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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7.0 Development Regulations 7-1 Colonies at San Antonio

7.7 SIGN STANDARDS

7.7.1 Purpose and Intent
It is the intent of the sign development standards, sign guidelines, and conceptual placement locations set forth in this section to maximize identification of the Colonies at San Antonio as a distinct planned community, and to maximize the visibility of individual commercial tenants within the Specific Plan area in a manner that compliments the overall image of the Colonies at San Antonio. The provisions of this Section set forth the requirements that apply to signage throughout the Colonies at San Antonio Specific Plan area.

7.7.2 Applicability
a. All signs for project identification, residential subdivisions, commercial developments, and the central open space area shall require approval of a Sign Program by the Community Development Director, unless otherwise specified herein. Alteration or replacement of signs approved as part of a Sign Program shall also require approval of the Community Development Director, unless otherwise specified herein.

b. Each of the commercial centers intended for Planning Areas 17, 18, and 19 shall have a comprehensive Sign Program approved by the City. Individual development sites within Planning Areas 20 and 21 may have individual Sign Programs. Individual Sign Programs may also be prepared for individual residential subdivisions. A single, comprehensive sign program shall be prepared for project identification signage, and a single sign program shall be prepared for Planning Area 16 open space signage.

7.7.3 Sign Review Process
a. Sign Programs or amendments to Sign Programs shall be submitted to the Community Development Director on forms as prescribed by the Community Development Director. The application shall be accompanied by any fees or bonds as specified by City Council resolution. b. After receipt of an application for a Sign Program or an amendment thereto, the Community Development Director or a designated representative shall review the application for consistency with the provisions of this Section. The Community Development Director or a designated representative shall render a decision to approve, approve with modifications, or deny the sign request within fifteen working days of receipt of a complete application.

7.7.4 Submittal Requirements
Sign Program submittals shall include the drawings and details required for review as specified on applications forms provided by the Community Development Director, including, as appropriate:
a. Elevation(s) of buildings for which signs are being requested, showing design, location, size, and layout of wall signs. Elevations shall be drawn to scale indicating dimensions, attachment devices, and construction details.
b. Site plan of the site for which signs are being requested showing building and perimeter with location of proposed and existing ground mounted and pole mounted signs, and elevations showing proposed design and dimensions of signs.
c. Materials board showing actual sample materials and “PMS” or locally manufactured paint color(s).

EXHIBIT A

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7.0 Development Regulations 7-2 Colonies at San Antonio d. Section through letter and/or sign panel showing the dimensioned projection of the letter face and/or sign panel. The method of illumination shall also be identified.

7.7.5 General Provisions
a. Sign Guidelines. The guidelines below establish positive criteria for the design and implementation of desirable signs that complement the landscape and architectural elements in the Specific Plan area.

The following guidelines should be considered prior to developing any individual sign programs in the Specific Plan area.
• Use a brief message.
• Avoid faddish and complicated typefaces.
• Select sign colors and materials to contribute to legibility and design integrity. • Harmonize sign size with scale of project environment. • Design wall signs to be appropriate to the buildings on which they are placed. • Place signs consistent with the proportions of scale of building elements within the facade. • Place wall signs to establish a facade rhythm.
• The use of tenant corporate signs/logos is encouraged. b. Fabrication and Installation. All signs and installations of the signs shall conform to appropriate building and electrical codes, as well as sign approval requirements of the City of Upland. All signs located within the Metropolitan Water District (MWD) right-of way shall be installed in such a manner so as to provide for relocation (i.e., j-bolt mounting). c. Sign Maintenance. All signs shall be maintained in good order and repair, including replacement of damaged Plexiglass faces, letters, and/or burned out lighting. d. Color. Consistent application of a project color palette will serve to reinforce project identity and shall be identified in sign submittals. Selection of sign color shall be compatible with adjacent tenant signs.
e. Letter Style. Dimensional/channel letters and other sign elements shall be affixed without visible means of attachment, unless attachments make an architectural statement. Typography on all project- oriented signs, including tenant directional information, shall be restricted to the type style identified in the applicable approved Sign Program, unless otherwise approved by the Community Development Director.
f. Sign Area. The area of a sign shall be measured by a rectangular box around the outside of each group of lettering and/or graphics. Typographical ascenders and descenders shall not be included in the calculation of the sign face area.
g. Protection from Graffiti. Anti-graffiti finish shall be provided and maintained on all signs. Graffiti shall be removed immediately by the party responsible for sign maintenance.

7.7.6 Size and Number of Signs
The size and number of signs shall be consistent with the provisions of Table 7.H.

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7.0 Development Regulations 7-3 Colonies at San Antonio Table 7.H - Commercial Signage Standards

Sign Type

Maximum Number
Maximum Sign Area or Allowed
Ratio
Maximum Sign Structure
Dimensions (From Grade)
Primary
Freeway Pylon
Four double sided
primary pylons (“PF1”
through “PF4” in Figure

7.1) at locations shown
in the Figure to be
located a minimum of
600 feet from residential
uses east of the Specific
Plan area and 500 feet
from residential areas
west of the Specific
Plan area.

Primary Pylons FP1, FP2 (east face),
FP3, FP4 (west face)
Pylon signs shall incorporate up to
4 sign cabinets per face to identify
tenants or project components.
(Each cabinet may hold up to 2
tenant names, for a total of 8
tenants per pylon side.) Maximum
tenant letter height shall be 6 feet.

Primary Pylons FP2 (west face), FP4
(east face)
Pylons signs shall incorporate full
color LED electronic message
centers with a maximum size of
480 square feet (maximum width
18' feet, maximum height 26'6").

Primary freeway pylon
maximum height of 65 feet
above the elevation of the
adjacent freeway roadway.

Secondary
Freeway
Signage

Two double sided
secondary pylons (“SF2
and SF4” in Figure

7.1) at locations shown
in the figure to be
located near the Campus
Avenue interchange.

Secondary Pylons SF2 and SF4
Secondary freeway signs shall
incorporate up to 4 sign cabinets
per face to identify tenants or
project components. (Each cabinet
may hold up to 2 tenant names, for
a total of 8 tenants per pylon side.

Signs may be double sided.)
Maximum tenant letter height shall
be 4 feet.

Secondary Pylons signs shall be a
maximum size of 480 square feet
(maximum width
18' feet, maximum height 26'6").

Secondary freeway sign
maximum height of 55 feet
above the elevation of the
adjacent freeway roadway.

Billboard
(Outdoor
Advertising
Sign)
Two double sided digital
billboard signs (BB1 and
BB2) in Figure 7.1 at
locations shown in the
figure within the vicinity
of Campus Avenue
interchange.

Billboards BB1 and BB2
Digital Billboard signs shall
incorporate full color LED
electronic changeable copy with a
maximum size of 672 square feet
(maximum width 48 feet,
maximum height 14 feet).

Billboard signs are maximum
height of 65 feet above the
elevation of the adjacent
freeway roadway.

Monument,
Primary,
Secondary,
and Tertiary
Per locations shown in
this Section (“P”, “S”,
and “T” in Figure 7.1).

Primary monuments shall incorporate
up to 5 tenant identifications per face.

Secondary monuments shall
incorporate up to 4 tenant
identifications. Tertiary monuments
shall identify up to two tenants per
sign.

Primary monument maximum
height of 10 feet and width of
50 feet. Secondary corner
monuments maximum width of
40 feet and a maximum height
of 9 feet. Tertiary monument
maximum width of 12 feet and
a maximum height of 11 feet
from average grade.

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7.0 Development Regulations 7-4 Colonies at San Antonio Fuel Price No more than one price
information sign shall
be permitted for any
facility.

Fuel price signs shall be provided in
accordance with the provisions of State
law.

Maximum width of 8 feet and a
maximum height of 4 feet.

Sign Type

Maximum Number
Maximum Sign Area or Allowed
Ratio
Maximum Sign Structure
Dimensions (From Grade)
Pedestrian
Directional
Per approved sign
program.

Pedestrian directional monument signs
shall have a sign area with a maximum
width of 6 feet and a maximum height
of 7 feet. Pedestrian directional pole
mounted signs shall have a sign area
with a maximum width of 2.2 feet and
a maximum height of 4 feet. The pole
mounted sign area shall be located at
least 7.5 feet from grade.

Maximum height for pedestrian
directional monument signs of
8 feet.

Vehicular
Directional
Per approved sign
program.

Vehicular directional signs shall have a
sign area with a maximum width of 3.5
feet and a maximum height of 4.5 feet.

Maximum width of 4.5 feet and
maximum height of 7 feet.

Drive Thru
Directional
Drive thru directional
signs per approved sign
program. One menu
board per drive thru
restaurant tenant.

Drive thru directional signs shall have
a sign area with a maximum width of
4 feet and a maximum height of 4 feet.

Menu board structures shall have a
maximum area of 60 square feet.

Maximum width of 5.5 feet and
maximum height of 6 feet for
drive thru directional sign.

Wall One per building (or
tenant space) elevation.

Major tenants: On building frontage,

1.5 square feet of sign area (including
any logo) per lineal foot of building
frontage. On freeway elevation,

1.0 square feet of sign area (including
any logo) per lineal foot of building
elevation. For elevations backing up to
19th Street, 1.5 square feet of sign area
(including any logo) per lineal foot of
building elevation. (In addition, theater
buildings may have panels to allow for
display of movie posters or other
promotional materials along the rear
building elevation, with a combined
maximum of 1,500 square feet for
poster display areas.) In-line shop
tenants: On building frontage, 1.5
square feet of sign area (including any
logo) per lineal foot of building
frontage. On freeway elevation, 1.0
square feet of sign area (including any
logo) per lineal foot of building
elevation. All tenants are permitted a
wall sign at least 40 square feet;
however, the maximum allowable wall
sign area per tenant shall be 500 square
feet.

Not applicable.

Marquee One per theater use. On building frontage, 1.5 square feet of sign area (including any logo) per
lineal foot of building frontage.

See Table 7.C - General
Development Standards

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7.0 Development Regulations 7-5 Colonies at San Antonio Kiosk Signs Signage allowed on no
more than 3 elevations
per kiosk.

On elevations where signs are
permitted, 1.0 square feet of sign area
shall be allowed per lineal foot of the
signed building elevation. All tenant
identification signs, logos, menu
boards, service lists, and similar
signage shall be included in this limit.

Not applicable.

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7.0 Development Regulations 7-6 Colonies at San Antonio

Sign Type

Maximum Number
Maximum Sign Area or Allowed
Ratio
Maximum Sign Structure
Dimensions (From Grade)
All kiosks are permitted at least 15
square feet of signage per signed
elevation; however, the maximum
allowable signage area per signed
elevation shall be 40 square feet.

Office Signage No requirement for
primary identification
signs. Four per elevation
for eyebrow
identification signs.

For primary identification signs, 1.5
square feet of sign area (including any
logo) per lineal foot of building
frontage. Maximum allowable sign
area shall be 120 square feet. For
eyebrow identification signs, the
maximum allowable sign area shall be
30 square feet.

Not applicable.

Wall Graphics No requirement. On freeway elevations, illuminated graphic “lifestyle” posters within
permanent display frames shall be
permitted, with a maximum square
footage of 120 square feet per poster
display area.

Not applicable.

Banner (pole
mounted) or
flag
No requirement. Banners and flags shall have a sign
area with a maximum width of 4 feet
and a maximum length of 12 feet.

Banner signs and flags shall be
located 3 feet below light
fixture on parking lot light
standard.

Temporary
(future tenant)
No requirement. Temporary (future tenant) signs shall
have a sign area with a maximum
width of 6 feet and a maximum height
of 7.8 feet.

No requirement.

Temporary
(property for
lease or sale)
No requirement. Temporary (property for lease or sale)
signs shall have a sign area with a
maximum width of 8 feet and a
maximum height of 10 feet.

No requirement.
1 LED electronic message centers will be required to be consistent with all Caltrans, State and Federal Regulations regarding on- site and off-site advertising. 2 Standards for electronic display signs can be found in Section 7.8.27 Electronic Signage Standards.

7.7.7 Commercial Signage
Conceptual locations of the commercial project identification signs are shown in Figure 7.1. Following are the development provisions for these commercial project identification signs as well as provisions for individual commercial signs on private property, listed according to sign type. a. Primary Freeway Pylon and Secondary Freeway Signs. In addition to the standards of Table 7.H, freeway pylon signs shall:
(1) incorporate the logo and project identity of the Colonies at San Antonio or Colonies Crossroads, as well as the City of Upland,
(2) include business and/or tenant identification where appropriate, (3) be double faced and sited perpendicular to the I-210 freeway, (4) allow a backlit graphic image to be located on the pylon signs, to be changed periodically according to various events or seasons,
(5) not to exceed a width of ½ of the sign’s total height48‘ above the freeway roadway grade,

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7.0 Development Regulations 7-7 Colonies at San Antonio

(6) have a tenant sign area that is proportional and appropriate to the overall sign size, (7) not have any one tenant sign exceeding 50 percent of the overall allowable tenant sign area, (8) allow full color LED electronic message centers on Primary Freeway Pylons FP2 (west face) and FP4 (east face) subject to the following requirements. LED electronic message centers shall:
a. be mounted on signs of the same design as those not including LED electronic message centers.
b. be limited to a maximum size of 480 square feet, including a maximum width of 18’ and a maximum height of 26’ 6”.
c. have transitions of images occurring no more than once every eight (8) seconds, with transitions not creating the appearance of movement, flashing, or animation, d. be oriented in the direction of commercial activity to avoid glare on residential properties, with electronic message signs only allowed on the faces of the primary pylons and secondary pylons as indicated on Figure 7.1 for a total of four (4) electronic message displays, e. have electronic message displays that include ambient light sensing mechanisms and automatic dimming capabilities in order to adjust brightness levels between daytime and nighttime conditions:
f. not exceed brightness levels of 0.3 foot candles above ambient light conditions, as measured using a foot candle meter in conformance with the following process:
(1) Light measurements shall be taken with the meter aimed directly at the electronic message display sign face, or at the area of the sign emitting the brightest light if that area is not the sign face, at the following distances:
• A sign that is 0 to 100 square feet in areas shall be measured at a distance of 100 feet from the sign area being measured;
• A sign that is 101 to 350 square feet in area shall be measured at a distance of 150 feet from the sign area being measured; and
• A sign that is greater than 350 square feet in area shall be measured at a distance of 200 feet from the sign area being measured.
(2) An ambient light measurement shall be taken using a foot candle meter sometime between thirty (30) minutes past sunset or thirty (30) minutes before sunrise with the sign turned off to a black screen.
(3) An operating sign light measurement shall be taken with the sign turned on to full white copy immediately following the ambient light measurement. (4) The brightness level of the electronic message display conforms with the brightness requirements of this subsection if the difference between the ambient light measurements and the operating sign light measurement is 0.3 foot candles or less. g. devote a minimum of 10 percent of display time per hour spread evenly over the day to community events, community service announcements, and public safety announcements (e.g., Amber Alert),
h. not contain illegal, immoral, or inflammatory language,

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7.0 Development Regulations 7-9 Colonies at San Antonio

i. follow all applicable State and Federal Regulations regarding on-site and off-site advertising set forth in the Business and Professions Code, as well as the provisions of California Vehicle Code Section 21466.5 that prohibits placing, maintaining, or displaying in view of any state highway “any light of any color of such brilliance as to impair the vision of drivers upon the highway.”
j. All signs shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions,
k. Except as specifically set forth in this Specific Plan, electronic message displays shall comply with the provisions of the Section 17.20.210 Highway commercial zone – Electronic changeable-copy signs of the Upland Municipal Code, and (9) be programmed so as to have LED electronic message centers facing in the same direction transition between images simultaneously.
b. Monument Signs. In addition to the standards of Table 7.H, monument signs shall:
(1) be located and installed in a manner consistent with sight-distance criteria established by the City of Upland.
c. Fuel Price Signs. In addition to the standards of Table 7.H, fuel price signs shall:
(1) identify supplier logo and pricing information only, (2) be installed within required landscape setback areas, (3) be placed perpendicular to the adjacent roadway right-of-way or if the facility is located on a corner, be placed diagonally at the intersection so that it can clearly be seen from both roadway right-of-ways, and
(4) meet State requirements.
d. Pedestrian and Vehicular Directional Signs. In addition to the standards of Table 7.H, pedestrian and vehicular directional signs shall meet the following requirements. (1) Pedestrian and vehicular directional signs shall not be included in calculating the building sign area.
(2) Pedestrian and vehicular directional signs shall identify the business and incorporate a directional arrow.
(3) Pedestrian and vehicular directional signs shall not be oriented to the public street. (4) Pedestrian directional signs may be freestanding monument signs that provide direction through a location map and list of names, or pole-mounted signs with the direction of facilities and tenants indicated using arrows.
(5) Vehicular directional signs may be freestanding or wall mounted. (6) Vehicular directional signs located in the median can be used to direct vehicles to significant features of the development and to parking entrance/exit locations. (7) Traffic regulatory signs may be reduced in scale where viewing distances are diminished. (8) Ground-mounted vehicular directional signs for drive-thru businesses (i.e., restaurants, financial services, gas stations) may be strategically located to direct vehicular traffic; however, their placement shall not interfere with sight lines or traffic. (9) Menu signs shall be single sided, internally illuminated, and oriented towards drive thru traffic (not in a manner that serves as an advertising device, not oriented off property towards center of

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7.0 Development Regulations 7-10 Colonies at San Antonio property).

e. Wall Signs. In addition to the standards of Table 7.H, wall signs shall meet the following requirements.
(1) Tenants shall only display their established trade name or their basic product name. The name shall be consistent if multiple signs are permitted (see Table 7.H). (2) Signs shall maintain a minimum distance of the average letter height from architectural features, parapets, and building corners.
(3) Logos are encouraged if they meet the following criteria and shall be reviewed on a case-by-case basis. Logos shall be included in the calculation of permitted total sign area. Logos shall not be larger in height than 1.5 times the height of an upper-case letter in the business name. Logos independent of the main business identification may be permitted as a separate sign. (4) Graphic emblems (e.g., icons, images consistent with the nature of the business other than corporate logos) are permitted and are included in the maximum sign size requirements set forth in Table 7.H.
f. Kiosk Signs. In addition to the standards of Table 7.H, signage on kiosks shall meet the following requirement.
(1) Kiosk signage shall be mounted or applied to the kiosk structure. Freestanding or monument signs shall not be allowed.
g. Wall Graphics. In addition to the standards of Table 7.H, wall graphic posters located on freeway elevations shall meet the following requirements.
(1) Wall graphic posters shall be approved by the property manager. (2) Wall graphic posters may contain advertising for a specific product or business. (3) Wall graphic posters may be changed periodically. Posters shall be changed if they become faded or in disrepair.
h. Banners (Pole-Mounted) and Flags. In addition to the standards of Table 7.H, pole-mounted banners and flags shall meet the following requirements. (1) Banners or flags may be used for community events, grand openings, sales, or seasonal decoration.
(2) Community event banners or flags may be permitted subject to prior approval by the Community Development Director for a time period not to exceed 14 days. (3) Grand opening and sale banners or flags may be permitted subject to prior approval by the Community Development Director for a time period not to exceed 60 days. (4) Seasonal banners or flags shall be permitted on parking lot light standards during applicable seasonal periods.
(5) Banner or flag design, colors, and materials shall be compatible with the architectural design, landscape architecture, and graphic design themes of the project. (6) Banners or flags shall be properly maintained. Torn, frayed, faded, or otherwise damaged banners and flags shall not be permitted and shall be promptly removed by the owner. i. Wall Murals. Wall murals consistent with the architectural design, landscape architecture, and graphic design theme of the Colonies at San Antonio may be allowed, subject to approval by the City of Upland and Colonies Crossroads, Inc., or their designee.

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Colonies at San Antonio 7-11 7.0 Development Regulations j. Temporary Signs. In addition to the standards of Table 7.H, temporary (future tenant or property for lease/sale) signs shall meet the following requirements. (1) Temporary signs may be allowed on an individual basis, subject to Community Development Director approval.
(2) Temporary signs for commercial projects shall include the Colonies Crossroads logo. (3) Temporary signs may be double faced, perpendicular to the street; single faced, diagonally facing the intersection; or panels within retail or non-retail monuments. k. Outdoor Advertising Structure or Sign. Signs placed for the purpose of advertising products or services that are not produced, stored, or sold on the property upon which the signs are located, and subject to the following regulations.
(1) Removal of Existing “Paper” Billboards. Prior to building permit issuance, the billboard company must commit the permanent removal of a minimum of two (2) existing “paper or static” billboards located anywhere within the City per each new high resolution digital billboard installed within the Colonies at San Antonio Specific Plan. A Relocation Agreement shall be executed between the City and billboard company.
(2) Maximum Height and Display Area. The maximum height of the billboard shall not exceed 95 feet and the display area shall not exceed 672 square feet with dimensions not exceeding 48 feet in width and 14 feet in height.
(3) Sign Face Overhang. The Billboards shall not overhang on to any State Highway, or other public rights-of-way or property lines.
(4) Timing of Message Changes. The timing of message changes on any Billboard shall change no more frequently than once every six seconds; and that blinking and/or moving characters shall be prohibited, except when necessary to change the message. (5) No Traffic Hazards. The Billboards shall not create a traffic hazard by distracting drivers or any obstructing traffic visibility, and shall be screened, tinted, shielded or otherwise modified, as necessary, to eliminate excessive glare, as deemed sufficient by the Development Services Director.
(6) Automatic Dimmers. Each Billboard shall contain automatic dimmers that maintain brightness at a level of 0.3 foot candles over ambient light at 250 feet. Each Billboard shall be equipped with a mechanism to monitor its brightness.
(7) Applicable Laws and Rules. The Billboard shall comply with all applicable requirements of state, federal, and local law, including, but not limited to, the Outdoor Advertising Act, the Upland Municipal Code, and the Colonies at San Antonio Specific Plans. In the event of any inconsistencies, the most stringent requirements shall apply. (8) Other Sign Modifications. Any changes, alterations, or modifications of any kind to the Billboards shall adhere to state law and the City’s municipal code, and may warrant a modification to an existing sign design review.
(9) Maintenance. The Billboard shall be properly maintained so that inoperative or improperly lighted bulbs do not impair the appearance and legibility of the sign. In addition, the Company shall maintain the landscaping within the Lease Area.
(10) Public Services Messages. City shall be entitled to place public service announcements and/or display messages and other matters of public interest on any Billboard on an “as

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Colonies at San Antonio 7-12 7.0 Development Regulations available” basis; provided, however, that messages placed by City on the Relocated Billboards must be limited to non-profit, public service messages (hereinafter “Public Service Messages”).
(11) Adult Oriented Content. Advertising that advertises any Adult Oriented Business, displays “Specified Anatomical Areas,” or displays “Specified Sexual Activities,” as those terms are defined in the City’s Adult Business Ordinance shall be prohibited.

7.7.8 Open Space Signage
Location and design concepts for Open Space signage, including trail head entry monuments, trail markers, and interpretive signage, are illustrated in Chapter 9.0.

7.7.9 Public Facilities Signage
The type and number of permitted signs and signage development standards shall be as typical for the City of Upland Fire Department. Signs shall be compatible with the architectural style, landscape architecture, and graphic design theme of the Specific Plan area.

7.7.10 Residential Signage
Design concepts for residential entry signs, which are a component of the residential landscape entry concepts, are illustrated in Chapter 9 (Landscaping). The sign text shall be limited to the project name and housing type (e.g., attached luxury housing).

Other residential signs within residential zoning districts of this Specific Plan shall comply with the sign provisions of the Upland Municipal Code Chapter 17.20 (Sign Regulations).

7.7.11 Other Signage
Real estate signs not addressed in Table 7.H, above, shall comply with the City of Upland Municipal Code Section 17.20.100 (Temporary Real Estate Signs).

Political campaign signs shall comply with the City of Upland Municipal Code Section 17.20.120 (Political Campaign Signs - General).

Construction signs shall comply with the City of Upland Municipal Code Section 17.20.130 (Construction Signs).

7.7.12 Prohibited or Restricted Signs
a. Immoral or Unlawful Advertising. Exhibiting, posting, displaying or causing to be exhibited, upon any sign, anything of obscene, indecent, or immoral nature or unlawful activity shall be prohibited. b. Animated, Audible or Moving Signs. Signs incorporating moving, swinging, rotating, noise making, flashing, blinking, scintillating, fluctuating, or otherwise animated parts or lights, used to attract attention for the purpose of promoting (either directly or indirectly) the sale of products or identifying a tenant, shall be considered subject to the approval of the Community Development Director.

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7.0 Development Regulations 7-13 Colonies at San Antonio c. Common Area Signs. No signs are permitted in the common area except as indicated within this Specific Plan and approved per the Sign Program.
d. Vehicle Signs. No vehicle, including trailers, shall be parked for the principal purpose of advertising or display (except temporary real estate directional and kiosk signs as provided in Section 9405.071 and 9405.072). Vehicles or other signs or devices on private property or in the public right-of-way, when used as advertising devices or displays, shall be prohibited. e. Light Bulb Strings and Exposed Tubing. External displays that consist of unshielded light bulbs shall be prohibited. Exposed neon or gaseous light tubing and tivoli lighting, when the display is an integral part of the design character of the activity to which it relates, may be approved. f. Interior Signs. Interior signs visible from the exterior, or designed or installed in an externally oriented manner, shall be prohibited.
g. Roof Signs. No roof signs or roof-mounted signs shall be permitted unless they are incorporated as an integral part of the design of the building’s architecture. h. Advertising Devices. No adverting displays promoting commercial tenants other than those in the Specific Plan area shall be permitted.
i. Temporary Signs. “A” frame signs, attraction boards, “human” signs, posters (other than on theaters or freeway elevations as permitted in Table 7.H), balloons, banners (other than pole-mounted), and sandwich board signs (including free standing signs such as “Lotto” signs) shall be prohibited at all times.
j. Religious Assembly. Signs for religious assembly uses may only indicate facility or tenant name(s).

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA APPROVING AMENDMENT NO. 1 TO

THE COLONIES CROSSROADS COMPREHENSIVE SIGN

PROGRAM TO REPLACE TWO APPROVED SECONDARY

FREEWAY PYLON SIGNS WITH TWO, DOUBLE-SIDED
DIGITAL BILLBOARDS WHICH WOULD BE 672 SQUARE
FEET IN SIZE PER FACE AND UP TO A MAXIMUM OF 65

FEET IN HEIGHT ABOVE THE FREEWAY ROADWAY

ELEVATION, AND FIND THAT THE PROJECT IS EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT SECTION 15162 OF THE CEQA

GUIDELINES LOCATED WITHIN THE COLONIES AT SAN

ANTONIO SPECIFIC PLAN LOCATED NEAR THE CAMPUS
AVENUE / 210 FREEWAY INTERCHANGE

WHEREAS, Colonies Crossroads, LLC c/o Dan Richards (Applicant) has filed applications requesting approval of the Project; and

WHEREAS, on September 24, 2002, a Final Environmental Impact Report (EIR) was certified by the City Council for a comprehensive update to the Colonies at San Antonio Specific Plan. The EIR evaluation included Section 7.7 which sets forth sign development standards, sign guidelines and conceptual placement locations to maximize identification of the project as a distinct planned community, and to maximize the visibility of individual commercial tenants. The evaluation included Planning Area 18 and 21 where the proposed SPA would allow two of the secondary freeway pylon signs to be replaced with two digital Billboards. The EIR determined that the project and all components, which included signage, would not have a significant impact on aesthetics, scenic resources and visual character or light and glare; and

WHEREAS, on August 13, 2012, an Addendum to the Final EIR for the Colonies at San Antonio Specific Plan was approved for Modification No. 7 (Ordinance 1866) which included allowing LED message center displays as alternative to standard “can” lighting on four faces of the approved “Primary” and “Secondary” freeway pylon signs located in Planning Area 18, 19, 20 and 21. Prior to rendering a decision on Modification No. 7, a subsequent or supplemental EIR was not required as none of the conditions described in Section 15162 and Section 15163 of the CEQA Guidelines existed, and preparation of an Addendum to the FEIR met the requirements of CEQA as follows:

• Major EIR revisions are not required: There is no evidence that major changes to the certified EIR are required. Comparison of the original Specific Plan SPR-7 to the Project indicates that there are no new significant or more severe environmental impacts, and that the approval of the Project would have the same or reduced impacts as those described in the certified EIR;

• No substantial change in circumstances requiring major EIR revisions due to the involvement of significant new or more severe impacts: There is not information in the record, or otherwise available, that indicates that there are

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Resolution No.

Page 2 ends

substantial changes in circumstances that would require major changes to the certified EIR. In addition, there is no information in the record that shows there will be new significant effects or more severe impacts than previously identified, or any new information that suggests new mitigation measures or mitigation measures previously identified as infeasible are now, in fact, feasible;

• No new information showing effects of greater significance than identified in the EIR: There is no substantial new information that was not available at the time the EIR was certified, indicating there will be a new and significant impact requiring major revisions to the certified EIR;

• No new information showing ability to reduce significant effects identified in the EIR: There are no new significant impacts requiring identification of new or additional alternatives to the Project, or consideration of new or additional more significant effects identified in the EIR; and

WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code § 21000 et seq.) (“CEQA”), the City of Upland as the lead agency determined that Specific Plan No. 7, Amendment No. 8 and Modification No. 1 to the Colonies Crossroads Comprehensive Sign Program does not require any subsequent or supplemental Environmental Impact Report (“EIR”) pursuant to Section 15162 and Section 15163 of the CEQA Guidelines; and

WHEREAS, the City of Upland Planning Commission held a noticed public hearing on June 25, 2025, and is recommending approval on Specific Plan No. 7, Amendment No. 8 and Modification No. 1 to the Colonies Crossroads Comprehensive Sign Program; and

WHEREAS, the City of Upland City Clerk on September 12, 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 Division on September 11, 2025, mailed the public hearing notice to each property owner within a 500-foot radius of both project sites indicating the date and time of the public hearing in compliance with state law concerning the Project; and

WHEREAS, the City of Upland City Clerk on September 11, 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 City Council continued a noticed public hearing on September 22, 2025 to October 13, 2025; and

WHEREAS, the City of Upland City Clerk on September 23, 2025 posted two notices of continued public hearing at the Upland City Hall Chamber entrances and on the City’s website; and

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Resolution No.

Page 3 ends

WHEREAS, the City of Upland City Council held a noticed public hearing on October 13, 2025.

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

Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference.

Section 2. Replace Pages 8(a) and 15(c) in the Colonies Crossroads Comprehensive Sign Program as provided in Exhibit 1 and 2 to this Resolution.

Section 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Pursuant to the California Environmental Quality Act (CEQA) Guidelines and the City’s Local Guidelines, pursuant to the California Environmental Quality Act (Public Resources Code § 21000 et seq.) (“CEQA”), the City of Upland as the lead agency determined that the proposed Amendment No. 8 to Specific Plan No. 7 and Amendment No. 1 to the Colonies Crossroads Sign Program to allow Billboards as a permitted use and allow two Billboards to be constructed in place of two secondary freeway pylon signs with LED electric message displays will not create a significant change and will be consistent with the findings made for Modification No. 7 relative to Section 15162 and Section 15163 of the CEQA Guidelines.

Section 4. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance 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 Ordinance 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 5. Certification. The City Clerk (Secretary of the Redevelopment Agency) shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

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

Section 7. Publication. The City Clerk shall certify to the adoption of this Ordinance, and shall cause this Resolution and this certification to be entered in the Book of Resolutions of the City Council of the City.

PASSED, APPROVED, AND ADOPTED this 13th day of October, 2025.

Bill Velto, Mayor

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Resolution No.

Page 4 ends

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 13th day of October, 2025, by the following vote

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Page 77 of 475 ends

'-'l\ Primary Freeway Pylons W
Pylons '9!\ Secondary Freeway
� • Commercial Monument G Pnmary
. 1 MonumentA Second ary Commerc1a V
rcial Monument 0 Tertiary Comme
'al Monument • Commerc1 Multi-Tenant Tertiary
. I Monument. Cpmmerc1a d ry ·Mai or Terttary � Secon a , Site Plan

Page 8 ends

Billboards
MT

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65 ft ABOVE FREEWAY GRADE

FREEWAY GRADE

CITY OF UPLAND
48ft
14ft
3ft12:00
NORTH
SPECIFICATIONS:
-PYLON DESIGN AND LED ILLUMINATION

TO BE IDENTICAL ON BOTH SIDES
-PYLON COLORS TO CONFORM TO

EXISTING COLONIES CROSSROADS

FREEWAY PYLON SIGNS
-NON MESSAGE CENTER TEXT

TO BE LED-ILLUMINATED
-ALUMINUM COLUMN COVER TO BE

TEXCOTE FINISH

Page 79 of 475 ends

CITY OF UPLAND
65 ft
48ft
14ft
35ft
3ft12:00
SOUTH

FREEWAY GRADE

ABOVE FREEWAY GRADE
SPECIFICATIONS:
-PYLON DESIGN AND LED ILLUMINATION

TO BE IDENTICAL ON BOTH SIDES
-PYLON COLORS TO CONFORM TO

EXISTING COLONIES CROSSROADS

FREEWAY PYLON SIGNS
-NON MESSAGE CENTER TEXT

TO BE LED-ILLUMINATED
-ALUMINUM COLUMN COVER TO BE

TEXCOTE FINISH

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7.0 Development Regulations 7-1 Colonies at San Antonio

7.7 SIGN STANDARDS

7.7.1 Purpose and Intent
It is the intent of the sign development standards, sign guidelines, and conceptual placement locations set forth in this section to maximize identification of the Colonies at San Antonio as a distinct planned community, and to maximize the visibility of individual commercial tenants within the Specific Plan area in a manner that compliments the overall image of the Colonies at San Antonio. The provisions of this Section set forth the requirements that apply to signage throughout the Colonies at San Antonio Specific Plan area.

7.7.2 Applicability
a. All signs for project identification, residential subdivisions, commercial developments, and the central open space area shall require approval of a Sign Program by the Community Development Director, unless otherwise specified herein. Alteration or replacement of signs approved as part of a Sign Program shall also require approval of the Community Development Director, unless otherwise specified herein.

b. Each of the commercial centers intended for Planning Areas 17, 18, and 19 shall have a comprehensive Sign Program approved by the City. Individual development sites within Planning Areas 20 and 21 may have individual Sign Programs. Individual Sign Programs may also be prepared for individual residential subdivisions. A single, comprehensive sign program shall be prepared for project identification signage, and a single sign program shall be prepared for Planning Area 16 open space signage.

7.7.3 Sign Review Process
a. Sign Programs or amendments to Sign Programs shall be submitted to the Community Development Director on forms as prescribed by the Community Development Director. The application shall be accompanied by any fees or bonds as specified by City Council resolution. b. After receipt of an application for a Sign Program or an amendment thereto, the Community Development Director or a designated representative shall review the application for consistency with the provisions of this Section. The Community Development Director or a designated representative shall render a decision to approve, approve with modifications, or deny the sign request within fifteen working days of receipt of a complete application.

7.7.4 Submittal Requirements
Sign Program submittals shall include the drawings and details required for review as specified on applications forms provided by the Community Development Director, including, as appropriate:
a. Elevation(s) of buildings for which signs are being requested, showing design, location, size, and layout of wall signs. Elevations shall be drawn to scale indicating dimensions, attachment devices, and construction details.
b. Site plan of the site for which signs are being requested showing building and perimeter with location of proposed and existing ground mounted and pole mounted signs, and elevations showing proposed design and dimensions of signs.
c. Materials board showing actual sample materials and “PMS” or locally manufactured paint color(s).

EXHIBIT A

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7.0 Development Regulations 7-2 Colonies at San Antonio d. Section through letter and/or sign panel showing the dimensioned projection of the letter face and/or sign panel. The method of illumination shall also be identified.

7.7.5 General Provisions
a. Sign Guidelines. The guidelines below establish positive criteria for the design and implementation of desirable signs that complement the landscape and architectural elements in the Specific Plan area.

The following guidelines should be considered prior to developing any individual sign programs in the Specific Plan area.
• Use a brief message.
• Avoid faddish and complicated typefaces.
• Select sign colors and materials to contribute to legibility and design integrity. • Harmonize sign size with scale of project environment. • Design wall signs to be appropriate to the buildings on which they are placed. • Place signs consistent with the proportions of scale of building elements within the facade. • Place wall signs to establish a facade rhythm.
• The use of tenant corporate signs/logos is encouraged. b. Fabrication and Installation. All signs and installations of the signs shall conform to appropriate building and electrical codes, as well as sign approval requirements of the City of Upland. Any illuminated sign or lighting device shall employ only lamps emitting a light of constant intensity. All signs located within the Metropolitan Water District (MWD) right-of way shall be installed in such a manner so as to provide for relocation (i.e., j-bolt mounting). c. Sign Maintenance. All signs shall be maintained in good order and repair, including replacement of damaged Plexiglass faces, letters, and/or burned out lighting. d. Color. Consistent application of a project color palette will serve to reinforce project identity and shall be identified in sign submittals. Selection of sign color shall be compatible with adjacent tenant signs.
e. Letter Style. Dimensional/channel letters and other sign elements shall be affixed without visible means of attachment, unless attachments make an architectural statement. Typography on all project- oriented signs, including tenant directional information, shall be restricted to the type style identified in the applicable approved Sign Program, unless otherwise approved by the Community Development Director.
f. Sign Area. The area of a sign shall be measured by a rectangular box around the outside of each group of lettering and/or graphics. Typographical ascenders and descenders shall not be included in the calculation of the sign face area.
g. Protection from Graffiti. Anti-graffiti finish shall be provided and maintained on all signs. Graffiti shall be removed immediately by the party responsible for sign maintenance.

7.7.6 Size and Number of Signs
The size and number of signs shall be consistent with the provisions of Table 7.H.

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7.0 Development Regulations 7-3 Colonies at San Antonio Table 7.H - Commercial Signage Standards

Sign Type

Maximum Number
Maximum Sign Area or Allowed
Ratio
Maximum Sign Structure
Dimensions (From Grade)
Primary
Freeway Pylon
Four double sided
primary pylons (“PF1”
through “PF4” in Figure

7.1) at locations shown
in the Figure to be
located a minimum of
600 feet from residential
uses east of the Specific
Plan area and 500 feet
from residential areas
west of the Specific
Plan area.

Primary Pylons FP1, FP2 (east face),
FP3, FP4 (west face)
Pylon signs shall incorporate up to
4 sign cabinets per face to identify
tenants or project components.
(Each cabinet may hold up to 2
tenant names, for a total of 8
tenants per pylon side.) Maximum
tenant letter height shall be 6 feet.

Primary Pylons FP2 (west face), FP4
(east face)
Pylons signs shall incorporate full
color LED electronic message
centers with a maximum size of
480 square feet (maximum width
18' feet, maximum height 26'6").

Primary freeway pylon
maximum height of 65 feet
above the elevation of the
adjacent freeway roadway.

Secondary
Freeway
Signage

Two Four double sided
secondary pylons (“SF21
and through SF4” in
Figure

7.1) at locations shown
in the figure to be
located near the Campus
Avenue interchange.

Secondary Pylons SP1 (east face), SP2,
SP3 (west face), SP4 SF2 and SF4
Secondary freeway signs shall
incorporate up to 4 sign cabinets
per face to identify tenants or
project components. (Each cabinet
may hold up to 2 tenant names, for
a total of 8 tenants per pylon side.

Signs may be double sided.)
Maximum tenant letter height shall
be 4 feet.

Secondary Pylons SP1 (west face),
SP3 (east face)
Pylons signs shall be incorporate full
color LED electronic message centers
with a maximum size of 480 square
feet (maximum width
18' feet, maximum height 26'6").

Secondary freeway sign
maximum height of 55 feet
above the elevation of the
adjacent freeway roadway.

Billboard
(Outdoor
Advertising
Sign)
Two double sided digital
billboard signs (BB1 and
BB2) in Figure 7.1 at
locations shown in the
figure within the vicinity
of Campus Avenue
interchange.

Billboards BB1 and BB2
Digital Billboard signs shall
incorporate full color LED
electronic changeable copy with a
maximum size of 672 square feet
(maximum width 48 feet,
maximum height 14 feet).

Billboard signs are maximum
height of 65 feet above the
elevation of the adjacent
freeway roadway.

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7.0 Development Regulations 7-4 Colonies at San Antonio Monument,
Primary,
Secondary,
and Tertiary
Per locations shown in
this Section (“P”, “S”,
and “T” in Figure 7.1).

Primary monuments shall incorporate
up to 5 tenant identifications per face.

Secondary monuments shall
incorporate up to 4 tenant
identifications. Tertiary monuments
shall identify up to two tenants per
sign.

Primary monument maximum
height of 10 feet and width of
50 feet. Secondary corner
monuments maximum width of
40 feet and a maximum height
of 9 feet. Tertiary monument
maximum width of 12 feet and
a maximum height of 11 feet
from average grade.

Fuel Price No more than one price
information sign shall
be permitted for any
facility.

Fuel price signs shall be provided in
accordance with the provisions of State
law.

Maximum width of 8 feet and a
maximum height of 4 feet.

Sign Type

Maximum Number
Maximum Sign Area or Allowed
Ratio
Maximum Sign Structure
Dimensions (From Grade)
Pedestrian
Directional
Per approved sign
program.

Pedestrian directional monument signs
shall have a sign area with a maximum
width of 6 feet and a maximum height
of 7 feet. Pedestrian directional pole
mounted signs shall have a sign area
with a maximum width of 2.2 feet and
a maximum height of 4 feet. The pole
mounted sign area shall be located at
least 7.5 feet from grade.

Maximum height for pedestrian
directional monument signs of
8 feet.

Vehicular
Directional
Per approved sign
program.

Vehicular directional signs shall have a
sign area with a maximum width of 3.5
feet and a maximum height of 4.5 feet.

Maximum width of 4.5 feet and
maximum height of 7 feet.

Drive Thru
Directional
Drive thru directional
signs per approved sign
program. One menu
board per drive thru
restaurant tenant.

Drive thru directional signs shall have
a sign area with a maximum width of
4 feet and a maximum height of 4 feet.

Menu board structures shall have a
maximum area of 60 square feet.

Maximum width of 5.5 feet and
maximum height of 6 feet for
drive thru directional sign.

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7.0 Development Regulations 7-5 Colonies at San Antonio Wall One per building (or
tenant space) elevation.

Major tenants: On building frontage,

1.5 square feet of sign area (including
any logo) per lineal foot of building
frontage. On freeway elevation,

1.0 square feet of sign area (including
any logo) per lineal foot of building
elevation. For elevations backing up to
19th Street, 1.5 square feet of sign area
(including any logo) per lineal foot of
building elevation. (In addition, theater
buildings may have panels to allow for
display of movie posters or other
promotional materials along the rear
building elevation, with a combined
maximum of 1,500 square feet for
poster display areas.) In-line shop
tenants: On building frontage, 1.5
square feet of sign area (including any
logo) per lineal foot of building
frontage. On freeway elevation, 1.0
square feet of sign area (including any
logo) per lineal foot of building
elevation. All tenants are permitted a
wall sign at least 40 square feet;
however, the maximum allowable wall
sign area per tenant shall be 500 square
feet.

Not applicable.

Marquee One per theater use. On building frontage, 1.5 square feet of sign area (including any logo) per
lineal foot of building frontage.

See Table 7.C - General
Development Standards
Kiosk Signs Signage allowed on no
more than 3 elevations
per kiosk.

On elevations where signs are
permitted, 1.0 square feet of sign area
shall be allowed per lineal foot of the
signed building elevation. All tenant
identification signs, logos, menu
boards, service lists, and similar
signage shall be included in this limit.

Not applicable.

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7.0 Development Regulations 7-6 Colonies at San Antonio

Sign Type

Maximum Number
Maximum Sign Area or Allowed
Ratio
Maximum Sign Structure
Dimensions (From Grade)
All kiosks are permitted at least 15
square feet of signage per signed
elevation; however, the maximum
allowable signage area per signed
elevation shall be 40 square feet.

Office Signage No requirement for
primary identification
signs. Four per elevation
for eyebrow
identification signs.

For primary identification signs, 1.5
square feet of sign area (including any
logo) per lineal foot of building
frontage. Maximum allowable sign
area shall be 120 square feet. For
eyebrow identification signs, the
maximum allowable sign area shall be
30 square feet.

Not applicable.

Wall Graphics No requirement. On freeway elevations, illuminated graphic “lifestyle” posters within
permanent display frames shall be
permitted, with a maximum square
footage of 120 square feet per poster
display area.

Not applicable.

Banner (pole
mounted) or
flag
No requirement. Banners and flags shall have a sign
area with a maximum width of 4 feet
and a maximum length of 12 feet.

Banner signs and flags shall be
located 3 feet below light
fixture on parking lot light
standard.

Temporary
(future tenant)
No requirement. Temporary (future tenant) signs shall
have a sign area with a maximum
width of 6 feet and a maximum height
of 7.8 feet.

No requirement.

Temporary
(property for
lease or sale)
No requirement. Temporary (property for lease or sale)
signs shall have a sign area with a
maximum width of 8 feet and a
maximum height of 10 feet.

No requirement.
1 LED electronic message centers will be required to be consistent with all Caltrans, State and Federal Regulations regarding on- site and off-site advertising. 2 Standards for electronic display signs can be found in Section 7.8.27 Electronic Signage Standards.

7.7.7 Commercial Signage
Conceptual locations of the commercial project identification signs are shown in Figure 7.1. Following are the development provisions for these commercial project identification signs as well as provisions for individual commercial signs on private property, listed according to sign type. a. Primary Freeway Pylon and Secondary Freeway Signs. In addition to the standards of Table 7.H, freeway pylon signs shall:
(1) incorporate the logo and project identity of the Colonies at San Antonio or Colonies Crossroads, as well as the City of Upland,
(2) include business and/or tenant identification where appropriate, (3) be double faced and sited perpendicular to the I-210 freeway, (4) allow a backlit graphic image to be located on the pylon signs, to be changed periodically according to various events or seasons,
(5) not to exceed a width of ½ of the sign’s total height48‘ above the freeway roadway grade,

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7.0 Development Regulations 7-7 Colonies at San Antonio

(6) have a tenant sign area that is proportional and appropriate to the overall sign size, (7) not have any one tenant sign exceeding 50 percent of the overall allowable tenant sign area, (8) allow full color LED electronic message centers on Primary Freeway Pylons FP2 (west face), and FP4 (east face) and Secondary Pylons SP1 (west face), SP3 (east face) subject to the following requirements. LED electronic message centers shall:
a. be mounted on signs of the same design as those not including LED electronic message centers.
b. be limited to a maximum size of 480 square feet, including a maximum width of 18’ and a maximum height of 26’ 6”.
c. have transitions of images occurring no more than once every eight (8) seconds, with transitions not creating the appearance of movement, flashing, or animation, d. be oriented in the direction of commercial activity to avoid glare on residential properties, with electronic message signs only allowed on the faces of the primary pylons and secondary pylons as indicated on Figure 7.1 for a total of four (4) electronic message displays, e. have electronic message displays that include ambient light sensing mechanisms and automatic dimming capabilities in order to adjust brightness levels between daytime and nighttime conditions:
f. not exceed brightness levels of 0.3 foot candles above ambient light conditions, as measured using a foot candle meter in conformance with the following process:
(1) Light measurements shall be taken with the meter aimed directly at the electronic message display sign face, or at the area of the sign emitting the brightest light if that area is not the sign face, at the following distances:
• A sign that is 0 to 100 square feet in areas shall be measured at a distance of 100 feet from the sign area being measured;
• A sign that is 101 to 350 square feet in area shall be measured at a distance of 150 feet from the sign area being measured; and
• A sign that is greater than 350 square feet in area shall be measured at a distance of 200 feet from the sign area being measured.
(2) An ambient light measurement shall be taken using a foot candle meter sometime between thirty (30) minutes past sunset or thirty (30) minutes before sunrise with the sign turned off to a black screen.
(3) An operating sign light measurement shall be taken with the sign turned on to full white copy immediately following the ambient light measurement. (4) The brightness level of the electronic message display conforms with the brightness requirements of this subsection if the difference between the ambient light measurements and the operating sign light measurement is 0.3 foot candles or less. g. devote a minimum of 10 percent of display time per hour spread evenly over the day to community events, community service announcements, and public safety announcements (e.g., Amber Alert),
h. not contain illegal, immoral, or inflammatory language,

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7.0 Development Regulations 7-9 Colonies at San Antonio

i. follow all applicable State and Federal Regulations regarding on-site and off-site advertising set forth in the Business and Professions Code, as well as the provisions of California Vehicle Code Section 21466.5 that prohibits placing, maintaining, or displaying in view of any state highway “any light of any color of such brilliance as to impair the vision of drivers upon the highway.”
j. All signs shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions,
k. Except as specifically set forth in this Specific Plan, electronic message displays shall comply with the provisions of the Section 17.20.210 Highway commercial zone – Electronic changeable-copy signs of the Upland Municipal Code, and (9) be programmed so as to have LED electronic message centers facing in the same direction transition between images simultaneously.
b. Monument Signs. In addition to the standards of Table 7.H, monument signs shall:
(1) be located and installed in a manner consistent with sight-distance criteria established by the City of Upland.
c. Fuel Price Signs. In addition to the standards of Table 7.H, fuel price signs shall:
(1) identify supplier logo and pricing information only, (2) be installed within required landscape setback areas, (3) be placed perpendicular to the adjacent roadway right-of-way or if the facility is located on a corner, be placed diagonally at the intersection so that it can clearly be seen from both roadway right-of-ways, and
(4) meet State requirements.
d. Pedestrian and Vehicular Directional Signs. In addition to the standards of Table 7.H, pedestrian and vehicular directional signs shall meet the following requirements. (1) Pedestrian and vehicular directional signs shall not be included in calculating the building sign area.
(2) Pedestrian and vehicular directional signs shall identify the business and incorporate a directional arrow.
(3) Pedestrian and vehicular directional signs shall not be oriented to the public street. (4) Pedestrian directional signs may be freestanding monument signs that provide direction through a location map and list of names, or pole-mounted signs with the direction of facilities and tenants indicated using arrows.
(5) Vehicular directional signs may be freestanding or wall mounted. (6) Vehicular directional signs located in the median can be used to direct vehicles to significant features of the development and to parking entrance/exit locations. (7) Traffic regulatory signs may be reduced in scale where viewing distances are diminished. (8) Ground-mounted vehicular directional signs for drive-thru businesses (i.e., restaurants, financial services, gas stations) may be strategically located to direct vehicular traffic; however, their placement shall not interfere with sight lines or traffic. (9) Menu signs shall be single sided, internally illuminated, and oriented towards drive thru traffic (not in a manner that serves as an advertising device, not oriented off property towards center of

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7.0 Development Regulations 7-10 Colonies at San Antonio property).

e. Wall Signs. In addition to the standards of Table 7.H, wall signs shall meet the following requirements.
(1) Tenants shall only display their established trade name or their basic product name. The name shall be consistent if multiple signs are permitted (see Table 7.H). (2) Signs shall maintain a minimum distance of the average letter height from architectural features, parapets, and building corners.
(3) Logos are encouraged if they meet the following criteria and shall be reviewed on a case-by-case basis. Logos shall be included in the calculation of permitted total sign area. Logos shall not be larger in height than 1.5 times the height of an upper-case letter in the business name. Logos independent of the main business identification may be permitted as a separate sign. (4) Graphic emblems (e.g., icons, images consistent with the nature of the business other than corporate logos) are permitted and are included in the maximum sign size requirements set forth in Table 7.H.
f. Kiosk Signs. In addition to the standards of Table 7.H, signage on kiosks shall meet the following requirement.
(1) Kiosk signage shall be mounted or applied to the kiosk structure. Freestanding or monument signs shall not be allowed.
g. Wall Graphics. In addition to the standards of Table 7.H, wall graphic posters located on freeway elevations shall meet the following requirements.
(1) Wall graphic posters shall be approved by the property manager. (2) Wall graphic posters may contain advertising for a specific product or business. (3) Wall graphic posters may be changed periodically. Posters shall be changed if they become faded or in disrepair.
h. Banners (Pole-Mounted) and Flags. In addition to the standards of Table 7.H, pole-mounted banners and flags shall meet the following requirements. (1) Banners or flags may be used for community events, grand openings, sales, or seasonal decoration.
(2) Community event banners or flags may be permitted subject to prior approval by the Community Development Director for a time period not to exceed 14 days. (3) Grand opening and sale banners or flags may be permitted subject to prior approval by the Community Development Director for a time period not to exceed 60 days. (4) Seasonal banners or flags shall be permitted on parking lot light standards during applicable seasonal periods.
(5) Banner or flag design, colors, and materials shall be compatible with the architectural design, landscape architecture, and graphic design themes of the project. (6) Banners or flags shall be properly maintained. Torn, frayed, faded, or otherwise damaged banners and flags shall not be permitted and shall be promptly removed by the owner. i. Wall Murals. Wall murals consistent with the architectural design, landscape architecture, and graphic design theme of the Colonies at San Antonio may be allowed, subject to approval by the City of Upland and Colonies Crossroads, Inc., or their designee.

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Colonies at San Antonio 7-11 7.0 Development Regulations j. Temporary Signs. In addition to the standards of Table 7.H, temporary (future tenant or property for lease/sale) signs shall meet the following requirements. (1) Temporary signs may be allowed on an individual basis, subject to Community Development Director approval.
(2) Temporary signs for commercial projects shall include the Colonies Crossroads logo. (3) Temporary signs may be double faced, perpendicular to the street; single faced, diagonally facing the intersection; or panels within retail or non-retail monuments. k. Outdoor Advertising Structure or Sign. Signs placed for the purpose of advertising products or services that are not produced, stored, or sold on the property upon which the signs are located, and subject to the following regulations.
(1) Removal of Existing “Paper” Billboards. Prior to building permit issuance, the billboard company must commit the permanent removal of a minimum of two (2) existing “paper or static” billboards located anywhere within the City per each new high resolution digital billboard installed within the Colonies at San Antonio Specific Plan. A Relocation Agreement shall be executed between the City and billboard company.
(2) Maximum Height and Display Area. The maximum height of the billboard shall not exceed 95 feet and the display area shall not exceed 672 square feet with dimensions not exceeding 48 feet in width and 14 feet in height.
(3) Sign Face Overhang. The Billboards shall not overhang on to any State Highway, or other public rights-of-way or property lines.
(4) Timing of Message Changes. The timing of message changes on any Billboard shall change no more frequently than once every six seconds; and that blinking and/or moving characters shall be prohibited, except when necessary to change the message. (5) No Traffic Hazards. The Billboards shall not create a traffic hazard by distracting drivers or any obstructing traffic visibility, and shall be screened, tinted, shielded or otherwise modified, as necessary, to eliminate excessive glare, as deemed sufficient by the Development Services Director.
(6) Automatic Dimmers. Each Billboard shall contain automatic dimmers that maintain brightness at a level of 0.3 foot candles over ambient light at 250 feet. Each Billboard shall be equipped with a mechanism to monitor its brightness.
(7) Applicable Laws and Rules. The Billboard shall comply with all applicable requirements of state, federal, and local law, including, but not limited to, the Outdoor Advertising Act, the Upland Municipal Code, and the Colonies at San Antonio Specific Plans. In the event of any inconsistencies, the most stringent requirements shall apply. (8) Other Sign Modifications. Any changes, alterations, or modifications of any kind to the Billboards shall adhere to state law and the City’s municipal code, and may warrant a modification to an existing sign design review.
(9) Maintenance. The Billboard shall be properly maintained so that inoperative or improperly lighted bulbs do not impair the appearance and legibility of the sign. In addition, the Company shall maintain the landscaping within the Lease Area.
(10) Public Services Messages. City shall be entitled to place public service announcements and/or display messages and other matters of public interest on any Billboard on an “as

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Colonies at San Antonio 7-12 7.0 Development Regulations available” basis; provided, however, that messages placed by City on the Relocated Billboards must be limited to non-profit, public service messages (hereinafter “Public Service Messages”).
(11) Adult Oriented Content. Advertising that advertises any Adult Oriented Business, displays “Specified Anatomical Areas,” or displays “Specified Sexual Activities,” as those terms are defined in the City’s Adult Business Ordinance shall be prohibited.

7.7.8 Open Space Signage
Location and design concepts for Open Space signage, including trail head entry monuments, trail markers, and interpretive signage, are illustrated in Chapter 9.0.

7.7.9 Public Facilities Signage
The type and number of permitted signs and signage development standards shall be as typical for the City of Upland Fire Department. Signs shall be compatible with the architectural style, landscape architecture, and graphic design theme of the Specific Plan area.

7.7.10 Residential Signage
Design concepts for residential entry signs, which are a component of the residential landscape entry concepts, are illustrated in Chapter 9 (Landscaping). The sign text shall be limited to the project name and housing type (e.g., attached luxury housing).

Other residential signs within residential zoning districts of this Specific Plan shall comply with the sign provisions of the Upland Municipal Code Chapter 17.20 (Sign Regulations).

7.7.11 Other Signage
Real estate signs not addressed in Table 7.H, above, shall comply with the City of Upland Municipal Code Section 17.20.100 (Temporary Real Estate Signs).

Political campaign signs shall comply with the City of Upland Municipal Code Section 17.20.120 (Political Campaign Signs - General).

Construction signs shall comply with the City of Upland Municipal Code Section 17.20.130 (Construction Signs).

7.7.12 Prohibited or Restricted Signs
a. Immoral or Unlawful Advertising. Exhibiting, posting, displaying or causing to be exhibited, upon any sign, anything of obscene, indecent, or immoral nature or unlawful activity shall be prohibited. b. Animated, Audible or Moving Signs. Signs incorporating moving, swinging, rotating, noise making, flashing, blinking, scintillating, fluctuating, or otherwise animated parts or lights, used to attract attention for the purpose of promoting (either directly or indirectly) the sale of products or identifying a tenant, shall be considered subject to the approval of the Community Development Director.
c. Outdoor Advertising Structure or Sign. Signs placed for the purpose of advertising products or services that are not produced, stored, or sold on the property upon which the signs are located shall be prohibited.

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7.0 Development Regulations 7-13 Colonies at San Antonio c. Common Area Signs. No signs are permitted in the common area except as indicated within this Specific Plan and approved per the Sign Program.
d. Vehicle Signs. No vehicle, including trailers, shall be parked for the principal purpose of advertising or display (except temporary real estate directional and kiosk signs as provided in Section 9405.071 and 9405.072). Vehicles or other signs or devices on private property or in the public right-of-way, when used as advertising devices or displays, shall be prohibited. e. Light Bulb Strings and Exposed Tubing. External displays that consist of unshielded light bulbs shall be prohibited. Exposed neon or gaseous light tubing and tivoli lighting, when the display is an integral part of the design character of the activity to which it relates, may be approved. f. Interior Signs. Interior signs visible from the exterior, or designed or installed in an externally oriented manner, shall be prohibited.
g. Roof Signs. No roof signs or roof-mounted signs shall be permitted unless they are incorporated as an integral part of the design of the building’s architecture. h. Advertising Devices. No adverting displays promoting commercial tenants other than those in the Specific Plan area shall be permitted.
i. Temporary Signs. “A” frame signs, attraction boards, “human” signs, posters (other than on theaters or freeway elevations as permitted in Table 7.H), balloons, banners (other than pole-mounted), and sandwich board signs (including free standing signs such as “Lotto” signs) shall be prohibited at all times.
j. Religious Assembly. Signs for religious assembly uses may only indicate facility or tenant name(s).

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Site 1 EXHIBIT D

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Site 2 EXHIBIT E

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65'-0"
25'-S½" l'-0"
LEDDISPLAY j 1 �'-0" 20'-0" ,L : 1 8'--0"
�II 1 I I
lt CITY OF UPLAND
LEU Electronic Message Centers on Pylons FP2, FP4, SPl and SP3 Refer to Page 13 for Details
PageS

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TOP VIEW
LED Electronic Message Centers on Pylons FPZ. FP4. SPI and SP3 In lddhim to the �md1n1s ortlltsc: � .. )' pytons.1he tips shill:
• F111\ color LED demonic mcau1e ttntm •� only ,llowttl on Primary FrttWay Pylon, f P2 (Wnt flt'e). FP4 (F.a\l (.ce) ■od Sffliodlry Pylont SPI {Wt.ct fK1), SPl {l:!ut fxe) md In' Mljtcl to the follo"'inJ rcquimneatt.. LEO clectl'Ol\ic: mnAJC tentcrs 1h11l;

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LED Electronic Message Center to Second Side of Primary Freeway Pylons O 0 SIDEA Tenant Copy
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(I CITY OF UPLAND

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There are two fourFreeway Pylons , Two on each side of the 210 Freeway in Upland. Each pylon is 65' above gmde.

The Center mlumn of each pylon is illuminated and changes color at night.

On the inside faces of the two of the freeway pylons (FP2 & FP4) ore LED Electronic Message Centers.

Refer to Pages 10, 12, and 13 for exact LED electronic message center placement on pylons.

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J-l ___ 20'_--0_· __ -,ll 1 1 Secondary Freeway Pylons (Double-Sided) G ------·-·-·-·-·-·- -4'-8"·'----------·--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-------·-·-·-·-·-·-·-·- 3'--0'
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20'-0" Secondary Freeway Pylons (Double-Sided) G
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Page !Sb

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(I CITY OF UPLAND
LED Electronic Message Center to Second Side of Secondary Freeway Pylons • 0 26'-6"
.ffllll:

SIDEB
LED Electromc
Message Center
LED Electronic Message Center
to be on the West Side of SP I
and the East Side of SP3.

For further explanation of the
LED Electronic Message Center,
see Page 13.

SIDEA
Tenant Copy

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DATE: October 13, 2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT D. DALQUEST, DEVELOPMENT SERVICES DIRECTOR

JOSHUA WINTER, SENIOR PLANNER
SUBJECT: CONSIDER APPROVAL OF HISTORIC DOWNTOWN UPLAND PARKING STRUCTURE

RECOMMENDED ACTION:

It is recommended that the City Council: 1) Find the project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15332 (In-Fill Development Projects - Class 32) of the CEQA Guidelines; and 2) Adopt a Resolution approving Development Plan Review No. 24-0007 to construct a 150,000 square-foot, five level parking structure with 9,900 square feet of ground floor commercial space, located at the southwest corner of First Avenue and C Street within the Historic Downtown Upland Specific Plan, with a land use designation of Old Town District, 1st Avenue Overlay (see Exhibit A – Resolution).

GOAL STATEMENT:

The proposed action supports the City's goal to ensure the economic vitality of Downtown through the development of a centrally located parking structure that will enable existing surface parking lots in the Downtown to be developed with additional density and mix of uses.

BACKGROUND:

On May 1, 2024, the Board of Directors of the San Bernardino County Transportation Authority (SBCTA) approved to hold for six months $1.6 million in proceeds from the sale of SBCTA’s surplus land in Upland (Stowell St reet Properties) for the City’s project to develop parking improvements near the Upland Metrolink Station. This was the second extension the SBCTA Board gave Upland for the opportunity to: a) further develop plans and engineering for a new parking structure; b) seek out additional funding sources for said parking structure; and c) to present a plan to SBCTA staff for the allocation of the sale proceeds.

In June 2024, the Upland City Council approved a Professional Services Agreement with Watry Design, Inc. to develop conceptual and schematic designs for a multi-story parking structure in Downtown Upland. Two design alternatives were initially explored: a “span-over” design connecting two parking lots across C Street, and a “standalone” structure on the southeast corner of C Street and First Avenue. Due to high costs and design constraints, the span-over concept was eliminated. The City and Watry Design then focused on two standalone four-story options:
one with only parking, and another including ground-floor commercial space. These concepts were presented at three public workshops for feedback.

Following public input and workshop discussions, refinements to the project were made. A majority of stakeholders, including the City Council and Planning Commission, supported increasing the structure to five stories to provide additional parking and reduce the cost per space. There was also strong support for a ground-floor retail component to generate revenue and activate the street frontages. Concerns around security, overnight parking restrictions, and EV charger installations were raised. Design considerations also included eliminating alley egress from the parking structure, incorporating solar readiness or panels, and locating EV parking on the top floor. In terms of architectural design, a new “Packing House” style was introduced and received favorable feedback over previously considered Spanish and Art Deco styles.

At its meeting on September 23, 2024, the City Council directed City Staff to move forward with development plans for the parking structure which included the ground-floor retail component and a five-level parking structure in the “Packing House” architectural design. The council also provided direction regarding the project landscaping, including pedestrian-friendly lighting, evergreen trees, and a preference for stamped concrete over pavers.

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The Planning Commission reviewed the project at its meeting on August 27, 2025, and recommended the City Council approve the project and recommended conditions of approval contained in the Resolution.

ISSUES AND ANALYSIS:

General Plan and Zoning Conformit y
The project site has a General Plan land use and zoning designation of Historic Downtown Upland Specific Plan, as shown in Image 1 below. Within the Specific Plan, the project site is within the Old Town District with a 1 st Avenue Overlay. According to the Specific Plan, the Old Town District functions as the historic core and social heart of the City. Throughout the Specific Plan document, it is anticipated that the City will identify a surface parking lot in Old Town that can be replaced with a parking structure, providing convenient access in downtown, the Metrolink Station and surrounding areas.

The project site has a zoning designation of Historic Downtown Upland Specific Plan. Within the Specific Plan, the project site is zoned Old Town District with a 1st Avenue Overlay. The desired primary uses in the zone are retail, restaurants, mixed-use residential, and parking. As a parking garage with retail and restaurant space serving the Downtown, the proposed project is a permitted use in accordance with the Historic Downtown District standards. The project exhibits conformity with the General Plan Goals and Policies as provided in the City Council Resolution (see Exhibit A).

Image 1

Operations
The project includes 9,900 square feet of commercial space on the ground floor of the structure along the First Avenue and C Street frontages. While the specific operational characteristics will be determined once tenants are identified, staff anticipates a mix of retail and restaurant uses consistent with the operational characteristics of existing downtown businesses. The ground floor also incorporates bicycle storage in the southeast corner of the structure and a trash room along the east side adjacent to the alley. The trash facility has been reviewed by Burrtec and confirmed to be adequately sized to serve the proposed commercial uses in the immediate block, as well as the surrounding businesses that currently utilize bins within the existing parking lot.

The parking structure will accommodate public parking and Metrolink commuter parking. The facility is planned to be closed overnight, with operating hours to be established at a later date. Security measures will include but not be limited to security cameras, lighting, emergency phones, access and after-hours gate, and key card access. As a Condition of Approval, the Upland Police Department will review the final construction plans to ensure that appropriate security and safety features are incorporated into the final design.

Project Site

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Site Plan and Floor Plan
The proposed parking structure will occupy nearly the entire project site, with primary vehicular access located at the southwest corner of the building from First Avenue. Pedestrian walkways will be provided alon g the south and east sides of the structure, while standard sidewalks will run along the north and west sides. Commercial units will be accessible directly from First Avenue and C Street. The project complies with the Old Town District and 1st Avenue Overlay development standards, incorporating zero setbacks along both the First Avenue and C Street frontages (where a 0-foot minimum is allowed), a 10-foot setback along the south side (exceeding the 3-foot minimum), and an approximately 13-foot setback along the eastern property line. The eastern boundary functions as a “side alley setback,” which requires a minimum of 3.5 feet and a maximum of 5 feet unless designed for semi-public uses, vehicle parking, or loading. In this case, the larger setback accommodates a trash service area and pedestrian pathways, consistent with the intent of the standard.

Parking spaces are designed at 8’-6” by 18’-0”, with 24’-0” two-way drive aisles. Accessible parking will be provided in accordance with ADA requirements, and electric vehicle (EV) infrastructure will meet the California Building Code mandate of 5% of spaces equipped with EV chargers and 20% EV-ready spaces, which will be distributed throughout the facility. The ground floor will include a trash room serving both t he proposed commercial uses and nearby businesses, as well as a bicycle storage area. Two elevators located at the northeast and southeast corners are strategically positioned to provide direct connections to the downtown core and Metrolink station. Intern ally, a speed ramp behind the retail frontage will provide circulation to the second floor, with a “parked -on” ramp along the west side offering access through all levels up to the fifth floor.

Architecture
The proposed parking garage would be a five-level structure with a maximum building height of 50.9 feet and is within the Old Town District’s height limit of 55 feet. The elevator will be the highest point of the structure, at 62 feet and contained within a decorative tower element. The Specific Plan permits architectural features to exceed the height limit up to 10 feet. In addition to the structural height, Ground floor height (retail, commercial or public uses) is required to be 12 feet minimum clear floor to ceiling height, for which this project provides 15-feet.

The proposed architectural design draws inspiration from the City of Upland’s historic citrus packing houses which are located within the Downtown area to this day (See color renderings in Exhibit B-1). The design includes various industrial materials, including corrugated metal panels and brick cladding that reflect the area’s heritage and are generally cost efficient. The north and west elevations are activated with aluminum storefronts that provide visual access to the ground-floor retail spaces, and designed with a square window pattern reminiscent of historic packing house window arrangements. Door frames are finished in a light brown, wood -textured color, window frames in a darker brown, and column bases are clad in light grey precast concrete panels. Brick veneer is applied to the ground level and carried up the columns to the roofline, creating a strong vertical rhythm. Upper levels incorporate corrugated metal panels, large window-like openings for ventilation, and glassless aluminum-framed features to echo traditional window proportions. The roofline is enhanced with cornice details and horizontal banding, with more pronounced articulation at the corner feature wall and main entry. All proposed materials will be reviewed and approved by the Development Services Director prior to construction to ensure the materials are consistent with directions provided by the Planning Commission and City Council.

Architectural details are primarily provided at the pedestrian level which enhances views at the pedestrian scale, with simpler treatments at the upper levels to reduce visual mass. The corner at First Avenue and C Street includes arched windows, signage, and decorative lighting to create a focal point, and entry feature into Downtown Upland. The vehicular entry at the southwest corner includes similar features, signaling entry for drivers. The elevator tower uses glass-backed elevators and full-height storefront systems to ensure visibility a nd security while interior stairwells are open to both the interior and exterior for visibility.

The façade material palette includes corrugated metal panels on the north and west façades above Level 2, brick veneer at the ground level and along full-height columns, precast concrete column bases, and cast-in-place concrete perimeter rails on upper levels to serve as vehicular barriers and block headlights. Glass storefront systems are located at the retail spaces and elevator tower. This combination of massing, materials, and detailing is designed to harmonize with Historic Downtown Upland while meeting the functional requirements of a modern parking facility.

Landscaping
The preliminary landscape plan for the Upland Parking Garage is designed to complement the building’s aesthetic while enhancing the pedestrian experience. It features a diverse palette of trees, shrubs, and groundcovers which includes Gold Medallion tree, Australian Willow and Little Gem Magnolia trees. The shade trees are placed along

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First Avenue and C Street to provide canopy and visual continuity, while ornamental trees and massed plantings around entry points and plaza areas soften the building’s edges. Ground covers and low-height plantings are used to ensure clear sightlines for security, while integrating with the architectural character of the structure. The project is proposed to include stamped concrete accents, as well as tree grates for pedestrians. The irrigation plan supports long- term water efficiency through a smart, weather-based control system. It utilizes drip irrigation for shrubs and groundcovers and deep-root bubbler systems for trees.

Grading
The site slopes gently from the northeast to the southwest, with finished surface elevations coordinated to align with adjacent sidewalks, drive aisles, and pedestrian entries. The grading ensures that all pedestrian pathways meet ADA accessibility requirements and that stormwater flows are directed away from the structure toward designated collection points and landscaped areas. Retaining walls and curb ramps are incorporated where needed to manage grade changes without disrupting circulation or visual continuity.

The project plans, including Site Plan, Floor Plan, Elevations, Preliminary Grading and Utility, and Preliminary landscape plans are included as Exhibit B.

ENVIRONMENTAL DETERMINATION:

The City contracted with Michael Baker Internation to assist in the preparation of a CEQA Class 32 Categorical Exemption Report (Exhibit C). The report provides technical analysis of the required environmental factors identified in the CEQA Guidelines, which is summarized here. The project has been found exempt from environmental review pursuant to Article 19, Section 15332, In-Fill Development Projects, Class 32 (a-e), of the California Environmental Quality Act Guidelines. The proposed project is consistent with the applicable general plan designation and policies, as well as applicable zoning designation and regulations. The project occurs within city limits on a property that is no more than five acres in size and substantially surrounded by urban uses. The project site has no value as habitat for endangered, rare or threatened species, and approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services.

Each of the environmental factors required to be reviewed under the Class 32 In-Fill Development (15332) exemption are outlined below:

a) Traffic: Trips would be generated from commercial uses only, as parking structures are not considered a trip generating use. The project is forecast to generate approximately 544 daily vehicle trips with 19 AM peak hour trips (11 inbound/8 outbound) and 68 PM peak hour trips (35 inbound/33 outbound). A Traffic Impact Analysis which includes a Level of Service analysis is only required when:

1. When either the AM or PM peak hour trip generation is expected to exceed 100 vehicle trips from the proposed development.

2. Projects that will add 51 or more trips during either the AM or PM peak hours to any intersection.

3. Any project where variations from the standards and guidelines provided in this manual are being proposed.

4. When determined by the City Traffic Engineer that existing or proposed traffic conditions in the project vicinity have unique characteristics that warrant evaluation.

Considering the project’s trip generation is under these thresholds, and there are no unique situations that warrant further analysis, the project would not result in any significant effects related to LOS, and the preparation of a Traffic Impact Analysis is not required.

The City of Upland utilizes the City of Upland Traffic Impact Analysis Guidelines (July 2020) to determine if certain projects, due to their size, nature, or location, are exempt from the requirements of preparing a detailed VMT (Vehicle Miles Traveled) analysis. The project meets the screening criteria based on the “Project Type Screening” criterion, as the retail component of the project is local-serving retail that consists of 9,900 square feet, which is less than the 50,000 square feet threshold for this screening. Therefore, a detailed VMT analysis is not required, and the project would have a less than significant impact relative to traffic.

b) Noise: Construction of the proposed parking structure and commercial space would generate temporary noise primarily during demolition, grading and construction. Estimated exterior noise levels at the nearest sensitive

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receptors which include residences around the project site, would range from 69.1 to 80.0 dBA Leq, which is below the 85 dBA threshold. Noise would be intermittent, with the loudest periods occurring when work is closest to the eastern property line. All activities would comply with Upland’s construction hours (7:00 a.m. to 6:00 p.m. on weekdays, excluding Sundays and holidays), resulting in a less than significant impact.

Noise from construction-related traffic would also be temporary and minor, as the anticipated maximum of 241 daily trips would not double existing roadway volumes, meaning any traffic noise increase would be imperceptible.

Vibration from equipment such as bulldozers, trucks, and jackhammers would range from 0.0053 to 0.1561 inches per second peak particle velocity (PPV) at 15 feet, remaining below the 0.2 in/sec threshold for nearby historic mixed-use buildings. No high-vibration equipment like pile drivers or vibratory rollers is proposed.

Therefore, construction vibration impacts would be less than significant, and operational activities, limited to typical parking and mechanical equipment, would not generate perceptible vibration at surrounding uses.

c) Air Quality: Construction for the proposed project, lasting approximately 14 months, would generate emissions from demolition, grading, building, paving, and architectural coating activities. Modeling with CalEEMod shows that daily emissions of ROG, NOX, CO, SO₂, PM₁₀, and PM₂.₅ would remain well below South Coast Air Quality Management District (SCAQMD) thresholds. Fugitive dust from grading and demolition would be minimized through compliance with SCAQMD Rules 402 and 403, which require measures such as watering exposed surfaces, covering stockpiles, and limiting unpaved road speeds. Exhaust from construction equipment and worker trips would also be below significance levels, and ROG emissions from architectural coatings would comply with Rule 1113 limits. No naturally occurring asbestos is present on-site, so asbestos-related risks are not anticipated.

Localized Significance Threshold (LST) analysis for nearby sensitive receptors including residences 15 feet east, found emissions well below SCAQMD LST values for NOX, CO, PM ₁₀, and PM₂.₅. The project would not generate carbon monoxide hotspots or objectionable odors, and any temporary odors from diesel equipment or coatings would dissipate quickly and be further reduced by idling restrictions and coating regulations. Therefore, short-term construction emissions would be less than significant.

During operation, the project would generate emissions from mobile sources (vehicle trips), area sources (architectural coatings, landscaping equipment), and energy use (electricity, natural gas). Based on CalEEMod modeling, total daily emissions for all criteria pollutants—including ROG, NOX, CO, SO₂, PM₁₀, and PM₂.₅—would remain well below SCAQMD thresholds in both summer and winter seasons.

Mobile source emissions from the estimated 544 daily vehicle trips would not exceed significant levels, and area and energy-related emissions would be minimal. The project does not include operational features that would trigger localized significance threshold concerns or carbon monoxide hotspots, given the low surrounding traffic volumes compared to worst -case intersections in the Basin. No odor-generating land uses are proposed, and any odor impacts would be less than significant. Overall, operational air quality impacts would be less than significant.

d) Water Quality: The project falls under the jurisdiction of the Santa Ana Regional Water Quality Control Board (RWQCB) and is subject to the City of Upland’s regional NPDES permit requirements, which regulate stormwater discharges and urban runoff in compliance with the Clean Water Act. The site is almost entirely paved, with minimal pervious surfaces, and stormwater currently drains to existing City facilities. Since construction would not involve soil disturbance or removal of vegetation, no erosion, sedimentation, or hydrology changes are anticipated, and no significant water quality impacts would occur.

e) Biological: The project site is located within the developed downtown area of the City and is surrounded by urban land uses. The project site is currently developed with pavement and surface par king. The only existing vegetation consists of previously landscaped planters with small shrubs and trees. Therefore, there is no suitable habitat that could support endangered, rare, or threatened species.

f) Historic: The project site is currently developed with an existing paved surface parking lot. There are no existing historic resources on the site. Pursuant to City Council Resolution No. 4420, the city parking lot was not included within the adjacent Old Town Historic District, however, it is located near identified historic resources and is located within the Historic Downtown Upland Specific Plan area. The project would not utilize heavy duty construction equipment with noticeable vibration levels that would impact nearby historical resources. The project would not generate ground borne vibration during its operation that could

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be felt by surrounding uses and would not involve railroads or substantial heavy truck operations and therefore would not result in vibration impacts at surrounding uses. Addi tionally, the project is designed to complement the four existing historic packing houses located in and around the downtown area and would be consistent with all applicable policies that protect historic character. Therefore, project development would not replace or disturb any existing historical resources. The project would not cause a substantial adverse change in the significance of a historical resource, and no impact would occur in this regard.

FISCAL IMPACTS:

There is no fiscal impact associated with this action. Approval of the project grants the required entitlements.

Following approval, City staff will work with the project architect, Watry Design Inc., to prepare the required construction documents. The cost of construction document preparation is estimated to be approximately $500,000 and will be funded from the $1.6 million in proceeds from the sale of SBCTA’s surplus land in Upland. Once the construction documents are completed, reviewed by staff, and approved, the City will have a “shovel-ready” project.

Although construction funding has not yet been identified, completing the design phase is a necessary step toward securing future funding.

ALTERNATIVES:

Provide alternative direction to staff.

CEQA: Determine to be Exempt.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM CEQA, PURSUANT TO
SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS) OF

THE CEQA GUIDELINES, AND APPROVING DEVELOPMENT
PLAN REVIEW NO. 24-0007 FOR THE CITY OF UPLAND

DOWNTOWN PARKING STRUCTURE PROJECT WHICH

CONCERNS THE CONSTRUCTION OF AN APPROXIMATELY
150,000 SQUARE-FOOT, FIVE-LEVEL PARKING
STRUCTURE CONTAINING 407 PARKING SPACES AND
APPROXIMATELY 9,900 SQUARE FEET OF GROUND FLOOR

COMMERCIAL SPACE, LOCATED AT THE SOUTHWEST

CORNER OF FIRST AVENUE AND C STREET, INCLUDING
ASSESSOR’S PARCEL NUMBERS: 1046-402-02, -03, -04, -
05, -06, -07, AND -08 WITHIN THE IN THE HISTORIC

DOWNTOWN UPLAND SPECIFIC PLAN, OLD TOWN
DISTRICT, 1ST AVENUE OVERLAY.

WHEREAS, the City of Upland has initiated Proceeding to construct a Parking Structure within Downtown Upland; and

WHEREAS, the City of Upland hosted four public workshops regarding the design of the parking structure, one with the general public on July 15, 2024, one with the Planning Commission on August 28, 2024 and two with the City Council, on August 12, 2024 and September 23, 2024; and

WHEREAS, the project site has a General Plan land use designation of Specific Plan (SP) and is located within the Old Town District within the Historic Downtown Upland Specific Plan (HDUSP); and

WHEREAS, the Historic Downtown Upland Specific Plan, Table 5-1, identifies parking structure uses as permitted within the Old Town District for which the Development Services Director is tasked to take action on; and

WHEREAS, the Historic Downtown Upland Specific Plan, Chapter 9(B)(2) requires projects to follow project approval procedures outlined in the Upland Municipal Code, where not outlined in the Specific Plan; and

WHEREAS, Upland Municipal Code (UMC) Chapter 17.44.030(D)(1) requires approval of a Development Plan Review application prior to the issuance of a grading permit or building permit and requires the Development Services Director to take action on an application; and

WHEREAS, California Government Code Section 37352 grants a city legislative bodies the power to erect and maintain buildings for municipal purposes; and

WHEREAS, Government Code § 65402 requires that any proposed acquisition or disposition of real property, abandonment of streets, or construction of

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Resolution No.

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a public building by a governmental entity be submitted to the local planning agency for a report on its conformity with the adopted general plan; and

WHEREAS, Upland Municipal Code Section 17.44.030(I) provides that the City Council may attach conditions to the approval of the project as needed to ensure compliance with the Zoning Ordinance, other City Ordinances, the General Plan, and any other applicable community or specific plan, previously approved subdivisions and parcel maps and easements; 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 project qualifies for Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines, because the proposed project is consistent with applicable general plan designation and policies, as well as applicable zoning designation and regulations; occurs within city limits on a property that is no more than five acres in size and substantially surrounded by urban uses; has no value as habitat for endangered, rare or threatened species; approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services; and

WHEREAS, the City of Upland Planning Commission conducted a hearing on August 27, 2025, at which time it received public testimony concerning the Project, and considered the CEQA determination and General Plan Conformity for the proposed project, resulting in the Planning Commission making a recommendation of approval to the Upland City Council; and

WHEREAS, the City of Upland Planning Division on September 29, 2025, mailed the public hearing notice to each property owner within a 750-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 City Clerk on October 3, 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 City Council on October 13, 2025, held a public hearing regarding the project, received public testimony concerning the Project, and considered the CEQA finding; and.

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

Section 1. Findings. The City Council 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

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reference.

B. The project is in conformity with the adopted Upland General Plan and consistent with the following General Plan Goals and Policies and consistent with the Specific Plan goals and policies:

1. General Plan Policy LU-1.3: Strategic Growth. Concentrate growth in strategic locations that strengthens the City’s economic base, offers new housing opportunities, maximizes available and planned infrastructure, and fosters the development and use of transit and multi-modal transportation. These areas include Historic Downtown Upland, Foothill Boulevard, the Southeast Quadrant, College Heights, Mountain Avenue, along the Interstate 10 corridor, and in the 9th Street Industrial area.

Fact: The project site is located in Historic Downtown Upland and proposes the redevelopment of an existing surface parking lot containing 107 parking stalls into a five-tier parking structure with ground-floor commercial use. The project, as proposed, maximizes the potential of the available surface lot by 1) increasing the amount of available parking to better serve residents, employees, and visitors of the Historic Downtown area, and 2) incorporating new commercial uses that strengthen the City’s economic base. The proposed project would revitalize the downtown area by providing a greater quantity of public parking in close proximity to existing and future businesses and pedestrian areas. While a parking structure does not directly revitalize a commercial area, redeveloping the surface lot into a parking structure would complement future growth and changes in the surrounding area, including potential development of other existing surface lots in the area. The parking structure would also be available for use by Metrolink riders using the downtown station, providing and encouraging the use of public transit. Therefore, the project is consistent with this Land Use Element policy.

2. General Plan Policy LU-1.4: Complete and Balanced Community. Foster new land uses and building types that contribute to City revenues and increase employment while also ensuring the provision of sufficient housing, shopping, civic, cultural, open space, and recreational opportunities.

Fact: In addition to increasing the quantity of available public parking, the proposed project would incorporate approximately 9,900 square feet of ground-floor commercial use, which would be a new building type and land use for the parcel. The commercial use is anticipated to be leased as 50 percent retail and 50 percent restaurant, which would promote new civic and shopping opportunities for residents, employees, and visitors in the Historic Downtown area. The parking structure would improve the utilization of the site by providing greater availability of public parking, ultimately contributing to increased City revenues.

Therefore, the project is consistent with this Land Use Element policy.

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3. General Plan Policy LU-2.2: Historic Residential Districts. Ensure the protection of Upland’s nine designated historic residential districts through active maintenance and upkeep of historic homes, as well as adequate buffers and transitions to adjacent neighborhoods.

Fact: The proposed project is located in one of the City’s nine designated historic districts. Specifically, the project is located in the Old Town Historic District, within the 1st Avenue Overlay. The project site does not contain a historic home or structure. According to the Specific Plan, the 1st Avenue Overlay aims to create opportunities for larger-scale developments that harmonize with the neighboring Euclid District, while ensuring a smooth transition to the buildings in the surrounding Old Town District. The project would be designed to complement the four existing historic packing houses located in and around the downtown area. Therefore, the project is consistent with this Land Use Element Policy.

4. General Plan Policy LU-1.3 LU-3.1: Economic Development. Retain and attract land uses that generate revenue to the City, provide employment for residents while balancing other community needs such as housing, parks and open space, and public facilities.

Fact: The General Plan Land Use Element discusses revitalizing downtown by building upon existing assets, and creating new zoning that accommodates higher densities and a mixture of uses with design that supports walkability. Project implementation would support this revitalization by making more parking spaces available for public use and improving walkability to nearby downtown uses. Compared to the existing surface parking, the parking structure would accommodate a larger number of local and regional visitors to the immediate downtown area. It would also be near commercial uses that would generate additional revenue. Therefore, the project is consistent with this Land Use Element policy.

5. General Plan Policy LU-3.2: Economic Revitalization. Promote the development of vacant and underutilized parcels with higher intensity commercial and industrial land uses.

Fact: The project site currently exists as a paved surface parking lot.

The project would redevelop the parcel into a five-tier parking structure above ground-floor commercial space, ultimately increasing the amount of available public parking spaces and integrating commercial use to the site. The addition of commercial uses would be consistent with the General Plan and Specific Plan land uses and zoning designations for the project site. The project would redevelop the parcel with a higher intensity than the existing use. Therefore, the project is consistent with this Land Use Element policy.

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6. General Plan Policy LU-6.1: Quality Development. Ensure that development is attractive and promotes harmony in the visual relationships and transitions between newer and older buildings.

Fact: The proposed project would be consistent with the design objectives for the Old Town District outlined in the Specific Plan. Further, the project site is located in the 1st Avenue Overlay, which is designed to ensure a harmonious transition with the neighboring Euclid District and surrounding development in the Old Town District. Therefore, the project is consistent with this Land Use Element policy.

7. General Plan Policy LU-6.2: Compatibility of Uses. Control the location, concentration and operations of land uses that have potential impacts on surrounding development through effective design principles, adequate buffering, and enforcement of regulatory documents.

Fact: The project would comply with the latest California Title 24 regulations including building, electrical, mechanical, fire, and energy codes regarding project design. The structure would accommodate approximately 407 parking spaces, consisting of 376 standard stalls, 6 ADA accessible stalls, 2 ADA van-accessible stalls, 21 EVCS stalls, and 2 ADA EVCS stalls. Additionally, the proposed parking structure would incorporate bicycle racks and storage areas. Thus, the project would be consistent with the 2022 Green Buildings Standard Code. Therefore, the project is consistent with this Land Use Element policy.

8. Specific Plan Policy Policy 1.1.1. New development shall be attractive, complement the form, scale and architectural style of adjacent buildings and promote harmony in the visual relationships and transitions between new and older buildings so that it appears a part of the evolutionary development of Downtown.

Fact: The proposed project is consistent with the design objectives for the Old Town District outlined in the Specific Plan. Further, the project site is located in the 1st Avenue Overlay, which is designed to ensure a harmonious transition with the neighboring Euclid District and surrounding development in the Old Town District. Therefore, the project is consistent with this Specific Plan policy.

9. Specific Plan Policy 6.3.1 The City shall efficiently manage the supply and demand of Downtown parking to ensure there is sufficient supply for visitor, commuter, resident and business parking needs.

Fact: The construction of a parking structure downtown will ensure sufficient for visitor, commuter, resident and business parking needs as Downtown Upland develops.

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10. Specific Plan Policy 4.1.1 The City shall encourage a range of affordable and market rate residential densities and products in Downtown, including low-density single-family uses, moderate-density townhomes, higher-density apartments and condominiums, and units in mixed-use and live/work developments.

Fact: Construction of a parking structure within Downtown Upland will eliminate the need for some surface parking lots within Downtown by allowing these spaces to be consolidated in one location. These surface parking lots would then be available for future residential development.

C. Per Upland Municipal Code Section 17.44.030(H), the review and decision- making authority may approve an application for a development plan review application 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 following findings:

1. Finding: The design and layout of the proposed project will not interfere with the use and enjoyment of existing and future neighboring properties and structures.

Evidence: The proposed project has been designed to be compatible with the surrounding Historic Downtown Upland context and will not interfere with the use or enjoyment of existing or future neighboring properties and structures. The five-level parking structure, with integrated ground-floor commercial space, incorporates the “Packing House” architectural style, materials, and detailing that complement adjacent buildings while providing an active street frontage along First Avenue and C Street. The building massing, setbacks, and pedestrian- oriented landscaping create appropriate transitions to surrounding uses, while vehicular access and circulation have been planned to minimize traffic conflicts and maintain safe, efficient movement for nearby businesses, residents, and visitors. Operational features, including restricted construction hours, security enhancements, and compliance with all applicable building and environmental standards, further ensure that the project will function harmoniously within its setting and enhance the vitality of the downtown area without imposing adverse effects on neighboring properties.

2. Finding: The proposed architectural design makes use of appropriate materials, texture, and color, and will remain aesthetically appealing and appropriately maintained.

Evidence: The proposed architectural design incorporates high-quality materials and detailing that reflects the requirements of Downtown Upland while meeting the functional needs of a modern parking facility. Primary materials include brick veneer at the ground level and

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along full-height columns, corrugated metal panels on the upper floors, precast concrete column bases, and aluminum-framed storefront systems, all chosen for their durability, low maintenance requirements, and compatibility with the “Packing House” style prevalent in the downtown. The color scheme blends warm, wood- textured tones for door and window frames with neutral grays and brick reds to create a cohesive, visually appealing appearance.

Architectural elements such as cornice detailing, vertical columns, and large window-like openings provide visual interest and break up building mass, while pedestrian-scale features, such as arched windows, decorative lighting, and storefronts enhance the pedestrian scale. These materials and finishes are designed to maintain their aesthetic quality over time and will be subject to ongoing upkeep to ensure the structure remains an attractive, contributing feature within the downtown streetscape.

3. Finding: The proposed landscaping design, including color, location, size, texture, type, and coverage of plant materials, as well as provisions for irrigation, maintenance, and protection of landscaping elements, will complement structures and provide an attractive environment.

Evidence: The proposed landscaping design has been arranged to complement the architecture of the parking structure and to enhance visual quality of the Downtown area. Shade trees such as Gold Medallion, Australian Willow, and Little Gem Magnolia are strategically placed along First Avenue and C Street to provide canopy, seasonal color, and a sense of continuity with other downtown plantings.

Ornamental trees and layered shrubs are positioned at building entries and pedestrian plazas to soften edges and create welcoming focal points. Groundcovers and low-height plantings are used to maintain clear sightlines for safety while adding texture and visual interest. The landscape palette offers a variety of colors, foliage types, and blooming cycles. Irrigation will be provided through a smart, weather- based control system that utilizes efficient drip lines for shrubs and groundcovers and deep-root bubblers for trees, ensuring long-term plant health and water conservation. Conditions for continuing maintenance and protection of plant materials will preserve the quality and attractiveness of the landscaping, contributing to an inviting and pedestrian-friendly environment.

4. Finding: The proposed design will not be materially detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity of the proposed project.

Evidence: The proposed design has been designed to meet all applicable City codes, building regulations, and environmental requirements, ensuring that it will not be materially detrimental to the public health, safety, or welfare, nor injurious to nearby properties or

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improvements. Vehicular circulation and access points minimize traffic conflicts and maintain safe movement for motorists, pedestrians, and cyclists in the downtown area. Security features, including surveillance cameras, emergency call stations, pedestrian-scale lighting, and controlled after-hours access, will enhance safety for users and neighboring businesses. Construction activities will be subject to noise limits, restricted work hours, and dust-control measures to protect surrounding residents and commercial operators. Compliance with ADA accessibility standards, Title 24 energy efficiency requirements, and the California Green Building Standards Code ensures the facility will function safely and sustainably. In addition, Conditions of Approval are included that incorporate the Police Department into the review process to ensure the project implements adequate security measures.

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

10.0 General Conditions

10.1 The following Conditions of Approval are to be used as guidelines in the development of the project.

10.2 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.

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

10.4 Prior to issuance of future permits, all tract maps and development plans shall be subject to plan check with the Planning Division, Building Division, Lane Development/Engineering/Traffic Division, Public Works Department and San Bernardino County Fire
Department.

10.5 No construction or grading shall commence until the applicable final grading plans have been approved and permits have been issued.

10.6 No building permits shall be issued until rough grading has been certified by the Engineer of Record, and a building permit has been issued by the Building Division.

10.7 All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris at all times. Dead, damaged, and/or missing landscaping shall be replaced/replanted, subject to the satisfaction of the Planning Division.

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10.8 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.

10.9 The developer shall not engage in any construction activities other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety or as otherwise approved by the Development Services Director.

20.0 Planning Division

20.1 The parking structure shall be closed overnight, with the final operating hours to be determined at a later date. Security measures, such as security gates and key card access may be implemented to control access after the parking structure has closed, as determined necessary.

20.2 Prior to the issuance of building permits, the applicant is required to submit a final landscape and irrigation plan for review and approval by the Planning Division. Landscape plans will include all on-site and right- of-way landscaping and shall adhere to all applicable requirements contained in Chapter 17.12 of the Upland Municipal Code.

20.3 Prior to issuance of a certificate of occupancy or final inspection, a certificate of completion shall be submitted to the Development Services Department certifying that the landscaping has been completed in accordance with the approved construction plans. The certificate of completion shall be signed by a licensed landscaped architect and shall indicate that the landscaping has been installed in conformance with the approved plans; the smart irrigation controller has been set according to the irrigation schedule; the irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff; and a copy of the irrigation schedule has been given to the property owner.

20.4 All trees shall be not less than a minimum 15-gallon size and a minimum of 25 percent of all shrubs shall be of a five-gallon size.

20.5 All outdoor lighting shall comply with “Dark Sky” requirements in Upland Municipal Code Section 17.14. Prior to the issuance of building permits, the applicant shall submit lighting and photometric plans with all lighting fixtures identified. The photometric plans shall clearly indicate that there will be zero measurable foot-candle power at all property lines.

20.6 The applicant shall comply with maintenance requirements in Upland Municipal Code Section 17.16. Structures or paved areas displaying

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any, but not limited to, evidence of the following shall be considered substandard and in violation of this Condition:

a. Broken or missing foundation.
b. Warping, bowing, or sagging of headers, sills, beams, eaves, doorways, doorjambs, or other similar structural members. c. Inadequate site drainage and/or standing water adjacent to building foundations.
d. Broken or inoperable sanitary and plumbing facilities and/or fixtures.
e. Faulty, sagging, or leaking roof or rain gutter.
f. Missing roof tiles or other visible roofing material(s). g. Broken or missing windows.
h. Holes in siding.
i. Peeling or cracking paint.
j. Damaged or deteriorating structures shall be repaired immediately.

20.10 During construction, the applicant shall comply with the following Best Management Practices for noise management during construction.

a. Re-route truck traffic away from residential streets, if possible.

Select streets with fewest homes, if no alternatives are available. b. Locate equipment on the construction lot as far away from noise sensitive receivers as possible.
c. Heavy equipment shall not get closer than 10 feet to neighboring buildings.
d. Combine noisy operations to occur in the same time period. The total noise will not increase significantly, and the duration of the noise impact will be less.
e. It is unlawful for any person to engage in or permit the erection (including excavation), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector, which permit may be granted for a period not to exceed three days or less while the emergency continues, and which permit may be renewed for periods of three days or less while the emergency continues. If the building inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m., and if he or she shall further determine that loss or inconvenience would result to any party in interest, he or she may grant permission for such work to be done within the hours of 6:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work. f. Use specially quieted equipment when possible, such as quieted and enclosed air compressors, residential or critical grade mufflers on all engines.

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g. Stationary equipment will be located as far away from sensitive receptors as possible. Loud, disrupting construction activities in noise sensitive areas will be conducted during hours that are least disturbing to adjacent and nearby residents.
h. If noise above the stated regulation will be generated for long periods of time, construct barriers to block the line of sight to noise sensitive receivers.

20.11 The applicant shall comply with the following Best Management Practices for air quality management during construction. Prior to issuance of any Grading Permit, the Development Services Director and the Engineering/Land Development Division shall confirm that the Grading Plan, Building Plans, and specifications stipulate that, in compliance with SCAQMD Rule 403, excessive fugitive dust emissions shall be controlled by regular watering or other dust prevention measures, as specified in the SCAQMD’s Rule and Regulations. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance offsite. Implementation of the following measures would reduce short- term fugitive dust impacts on nearby sensitive receptors:

a. All active portions of the construction site shall be watered twice daily to prevent excessive amounts of dust;
b. Non-toxic soil stabilizers shall be applied to all inactive construction areas (previously graded areas inactive for 20 days or more, assuming no rain), according to manufacturers’ specifications; c. All excavating and grading operations shall be suspended when wind gusts (as instantaneous gust) exceed 25 miles per hour; d. On-site vehicle speed shall be limited to 15 miles per hour; on-site roads shall be paved as soon as feasible, watered twice daily, or chemically stabilized;
e. Visible dust shall not cross the property line;
f. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust prior to departing the job site;
g. Track-out devices shall be used at all construction site access points; h. All delivery truck tires shall be watered down and/or scraped down prior to departing the job site;
i. A construction relations officer shall be appointed to act as a community liaison concerning on-site construction activity including resolution of issues related to fugitive dust generation; j. Streets shall be swept at the end of the day if visible soil material is carried onto adjacent paved public roads and use of SCAQMD Rule 1186 and 1186.1 certified street sweepers or roadway; and k. Replace ground cover in disturbed areas as quickly as possible.

30.0 Land Development and Transportation Division

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SUBDIVISION MAPS (EASEMENTS-MONUMENTS-BONDS)

STREET IMPROVEMENTS

30.1 Prior to occupancy, all deficient public improvements shall be upgraded to current City Standards and to the satisfaction of the Development Services Principal Engineer as stated in Ordinance 12.12.030.

30.2 Prior to occupancy, asphalt paving that is damaged during the construction shall be replaced to the City’s satisfaction.

30.3 Prior to occupancy, developer/owner must repair East C Street, North First Avenue and along the project frontage, as well as the surrounding alley, to the satisfaction of the Development Services Director. This includes removing existing driveways not used and replace with rock curb.

30.4 Prior to occupancy, if existing driveways are out of compliance, they shall be reconstructed and/or new driveways constructed in accordance with commercial standards as indicated on Engineering Standard Drawing Number CU-P-4 Type “B.”

30.5 Prior to occupancy and in accordance with California Building Code, Title 24 and the requirements of the Americans with Disabilities Act (ADA), handicap facilities shall be constructed and existing facilities shall be reconstructed within the project limits, as necessary, in locations specified by the Director of Public Works/City Engineer and the Director of Development Services.

II UTILITY (GENERAL – ENVIRONMENTAL – SEWER - WATER)

Utility General

30.6 The Owner/Developer is responsible for research on private utility lines (Gas, Edison, Telephone, Cable, Irrigation, etc.) to ensure there are no conflicts with the site.

30.7 Prior to plan submittal, all existing on-site utility lines that conflict with this project shall be relocated, removed, or sealed to the satisfaction of the Development Services Principal Engineer.

Environmental

30.8 Prior to building permit issuance, a Waste Management Plan (WMP) is necessary to demonstrate compliance with the Municipal Code

13.28.620 that requires projects to salvage, reuse or recycle at least 65% of construction and demolition debris generated by the project.

This code was adopted to assist the City of Upland in meeting the State mandated diversion requirement of 65% of all waste generated. The

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WMP Form "A" shall be provided by the Land Development Department prior to issuance of a Building Permit. The WMP Form "B" shall be completed and approved by the Land Development Department prior to issuance of a Certificate of Occupancy.

30.9 All projects that are required to prepare a SWPPP must file a letter with the SWRCB stating that the construction activity is complete. A copy of this letter must be on file with the City of Upland before occupancy is granted.

30.10 This project is required to submit a Site-Specific Final Water Quality Management Plan (WQMP) (reference the County of San Bernardino "Guidelines for New Development and Redevelopment") for review and approval by the City of Upland, Public Works Department, and Environmental Division. The WQMP shall include a description and map of the project along with an outline of structural and non-structural Best Management Practices (BMPs), which apply to the project pursuant to the "New Development and Redevelopment Guidelines." The subject WQMP shall be approved prior to the issuance of grading permit.

a. The Final Water Quality Management Plan (WQMP) shall be submitted with the grading plan, drainage plan, and geotechnical report.

30.11 Prior to issuance of any permit, the developer shall have completed the Site- Specific Final Water Quality Management Plan (WQMP) and the executed WQMP Maintenance Agreement with the City.

30.12 The following conditions should be included in the development.

a. On all industrial/commercial sites, one - three compartment trash enclosure shall be required.

b. All industrial/commercial sites shall be required to allocate 100-sq. ft. for every 10,000-sq. ft. of building space, with an additional 5-sq. ft. for each 1,000-sq. ft. above the 10,000-sq. ft. for recycling activities.

30.13 Prior to building permit issuance and upon determination from the Environmental Division, the Owner/Developer may be required to obtain approval from the Development Services Principal Engineer for a Non-Domestic Wastewater Discharge Permit in accordance with Section 7600 of the Upland Municipal Code. The Owner/Developer may also need to:

a. Provide an appropriate pretreatment device, such as an underground separator, filter or other device, that meets the Standards of the City of Upland that includes inspection manholes.

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Sewer

30.14 Prior to occupancy, sewer connections, necessary to serve the entire development, shall include the payment of any sewer fees if applicable.

Water

30.15 Prior to plan submittal, the provision of fire protection water systems shall be installed in accordance with San Bernardino County Fire and Public Works Department Standards. Submittal to County Fire and City of Upland for review and approval is required.

30.16 Prior to plan submittal, on-site protection hydrant(s) and water systems shall be installed in accordance with San Bernardino County Fire and Public Works Department Standards. Submittal to County Fire and City of Upland for review and approval is required. This includes replacement of the 4” waterline in the alley with an 8” cml&c waterline.

30.17 Prior to plan submittal, all water services, all landscape meter(s) and approved Backflow Device(s) shall be installed and inspected, in accordance with the Public Works Department Standards, including five metered water services per one unit.

III GRADING - STORM DRAIN - EROSION CONTROL

30.18 All drainage shall be directed on-site at the points indicated upon the subject plan (any deviation will require resubmittal to the Administrative Committee for approval).

30.19 Temporary drainage controls may be required during construction phases as directed by the Development Services Principal Engineer.

30.20 Prior to occupancy, all catch basins and Storm Drain Inlet Facilities shall be stenciled with the appropriate “No Dumping” message.

30.21 Prior to plan submittal, a grading plan shall be prepared and shall conform to the requirements of California Building Code (CBC), latest edition. Said grading plan shall propose all recommendations contained in the project's geotechnical report. Said grading plans shall be in compliance with the geotechnical report prepared for the site and shall also incorporate, on the plans, the recommendations and BMPs proposed under the approved Site Specific WQMP.

30.22 Prior to plan submittal, an erosion control plan shall be required as directed by the Development Services Principal Engineer. The erosion control plan shall be submitted as part of the grading plan set.

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30.23 Prior to building permit, no permanent building construction shall commence until the final grading and improvement plans have been approved, rough grading certified and a building permit issued by the Building Division.

30.24 In compliance to water conservation mandate of the State of California, before or at submission of grading plans, Owner/Developer shall submit/develop Water Conservation Plan, if applicable. Among others, said plan encourages the use of reclaimed water and use of any/all water conservation measures during construction.

30.25 Prior to plan approval, dust control operations shall be performed by the Contractor at the time, location and in the amount required and as often as necessary to prevent the excavation or fill work, demolition operation, or other activities from producing dust in amounts harmful to people or causing a nuisance to persons living nearby or occupying buildings in the vicinity of the work. The Contractor is responsible for compliance with Fugitive Dust Regulations issued by the Air Quality Management District (AQMD).

a. Control of dust shall be by sprinkling of water, use of approved dust preventatives, modifications of operations or any other means acceptable to the Engineer, City of Upland, the Regional Water Quality Control Board (RWQCB), the AQMD, and any Health or Environmental Control Agency having jurisdiction over the facility. The Engineer shall have the authority to suspend all construction operations if, in their opinion, the Contractor fails to adequately provide for dust control.

IV LANDSCAPING

30.26 If the project frontage is fully landscaped, and landscape is damaged during the construction, it shall be replaced to the City’s satisfaction, prior to occupancy.

30.27 The project frontage along First Avenue, shall be fully landscaped, including an automatic irrigation system in accordance with a plan subject to review and approval by the Community Development Director and the Development Services Principal Engineer .

30.28 All landscape and irrigation systems, located in the public parkways, shall be connected to a water supply system that is metered to the property owner.

30.29 Prior to plan submittal, existing trees must be protected or replaced as directed by the City Arborist.

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V STUDIES – REPORTS – CC&Rs

30.30 A Geotechnical Report shall be submitted for review before the issuance of a grading permit. Reports older than one year are not accepted.

30.31 Prior to plan submittal, a hydrology/hydraulics analysis is required to the satisfaction of the Development Services Principal Engineer. Any offsite drainage, which may impact this development, or additional drainage created by this development, shall be addressed in accordance with the mitigation measures required in the hydrology report before issuance of any permits. The Hydrology/hydraulics report shall be plan checked and approved prior to issuance of any permits.

VII GENERAL ENGINEERING

30.32 Owner/Developer is required to arrange for a PRE-CONSTRUCTION MEETING with the Public Works Department before the issuance of any permits for work within public right-of-way or public easements.

30.33 Prior to building permit issuance, a public improvement plan set and a grading plan set shall be submitted for plan check to the Land Development and Transportation Division. A complete public improvement plan set package includes street, sewer, water, any appropriate reports and back up documents. A complete grading plan set includes grading, erosion control, on-site sewer and water, and any appropriate reports and back up documents.

30.34 Prior to grading permit issuance, all plans (including Landscape Plans) depicting any work to be plan checked by Land Development and Transportation Division, shall be prepared on 24"x36" on City Standard title block. This includes storm drain, grading, water, sewer and erosion control.

30.35 Prior to occupancy, As-built plans (including street, sewer, water, storm drain and grading plans) shall be submitted. Electronic drawing files shall be submitted to the City for file in the format acceptable by the City.

30.36 Prior to occupancy, 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.

30.37 Prior to the issuance of any permit, the Applicant shall submit improvement plans to the Land Development and Transportation Division for review and approval. The improvements shall be consistent with the proposed traffic/circulation modifications submitted by the Applicant and approved by the Planning Commission.

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