Upland City Council
August 10, 2026

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.

Provider enters into this Agreement as an independent contractor and not as an employee of the City. The Provider shall have no power or authority by this Agreement to bind the City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Provider are employees, agents, contractors or subcontractors of the Provider and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Provider by any such employees, agents, contractors subcontractors, or any other person resulting from performance of this Agreement.

Provider agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Agreement is based on such independent investigation and research. . a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant 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 3 99999.92017\45266232.1

addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. 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) Contractual Liability with respect to this Agreement (7) Property Damage
(8) 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 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 he/she 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 he/she 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 "Workers' 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 $2,000,000 per occurrence/$4,000,000 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 5 99999.92017\45266232.1

Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(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) including 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, 6 99999.92017\45266232.1

and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(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:VIII 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.

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 defend (with counsel of City's choosing), 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 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 defend, 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 one thousand dollars ($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. 8 99999.92017\45266232.1

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 termination. 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 documents, 9 99999.92017\45266232.1

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 Mark Dwyer 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: CONSULTANT:

City of Upland WE Architects Group
460 N. Euclid Avenue 26449 Rancho Pkwy S
Upland, CA 91786 Lake Forest, CA 92630
Attn: City Manager Attn: Sia Shirazi
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
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 10 99999.92017\45266232.1

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 WE ARCHITECTS GROUP
By: By:

Michael Blay
City Manager Its:

Printed Name:

ATTESTED BY:

By:

Keri Johnson, CMC Its:

City Clerk
Printed Name:
(Two signatures required for corporations pursuant to California Corporations Code Section 313, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation.)
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
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EXHIBIT A
Scope of Services
The proposed project is located at 1370N Benson Ave, Upland, CA 91786. The general scope of the Project includes the following:
• Evaluation of existing MEP (Mechanical, Electrical, and Plumbing) systems for current capacity and excess capacity.
• Design and preparation of MEP (Mechanical, Electrical, and Plumbing) plans required to renovate the office spaces.
• Drywall, framing, and interior construction plans for office spaces, conference room, lobby, breakroom, and restrooms.
• Construction documents for the renovation of improvements to the existing stucco clad, wood framed building to accommodate the tenant improvement for additional office spaces as required for additional workforce. Improvement includes, but not limited to:
o New front entrance sliding door
o Two new exterior doors
o Awnings over exposed exterior doors
o Breakroom kitchen relocation
o Relocate security system to future water production area o Sound system throughout office spaces
o Relocate of existing coax cabling for traffic control center o Conference room integration with Logitech controls
o Work station/office identification with Teams integration o Treatments and finishes throughout the building
• Conflict identification and resolution between the various design disciplines. • Construction support services, including response to requests for information (RFIs), submittal reviews, and coordination with contractors during construction. • All other design and renovation plans required to accommodate the full scope of the Public Works Office Building renovation, including administrative, operational, and staff support spaces.

The Company will perform services required in the design and construction support phases of the proposed Project. The Company will perform services customarily and typically rendered to complete all necessary design, engineering, technical specification development, and regulatory agency coordination.

The Company's overall responsibility and scope of work is to prepare construction drawings, bid specifications, construction cost estimates, and provide construction support. Construction support services will take place during the bidding and construction phase of the project.

Company will be expected to meet with the City to discuss the preliminary design of the space, and also meet several other times to discuss the design progress. The consultant shall detail all tasks anticipated during the design and construction of the proposed Project. 13 99999.92017\45266232.1

CITY OF UPLAND I RFP No.26.012
Public Works Building Renovation—Technical Proposal
We Architects Group

4. WORK PLAN
REP Item 4: Work Plan—specify what is to be covered;Scope of Work and Deliverables.

Our Work Plan is a disciplined project delivery framework consisting of eight phases, each with defined objectives, tasks, deliverables, and decision points. The approach is built around a core philosophy:
understanding existing conditions, aligning stakeholders and disciplines, control scope, budget, and schedule, and deliver coordinated,construction-ready solutions with confidence.

PHASE 1 — EXISTING CONDITIONS VERIFICATION &SITE INVESTIGATION Weeks 1-3 Objective Validate existing conditions, eliminate uncertainty,and establish a clear basis for design before any project decisions are made.

Project initiation will begin with a kickoff meeting with the city to confirm communication protocols, operational constraints, phasing requi-ements, and areas requiring uninterrupted access. Using the 1977 record drawings (Job 14-8101}, 2006 furniture plan, and the City's 2026 HVAC assessment as a starting point,our team will validate the existing Key Tasks building layout, assess MEP system capacity, review structural impacts associated with proposed modifications, confirm utility and electrical infrastructure, and document security,communications,SCADA,telemetry,and traffic control systems that wit influence the renovation design.This effort establishes an accurate design baseline and minimizes unforeseen conditions during subsequent phases of work.

Deliverables Existing Conditions Report with photo laq; verified CAD base plans;MEP capacity memo; structural feasibility memo for proposed openings.

Week 3: Conduct existing conditions workshop with City staff to review field verification Coordination& findings, discuss identified constraints and opportunities, evaluate potential risks, and Review confirm phasing considerations before finalizing the space program and advancing into Ldesign.

PHASE 2— PROGRAMMING &SPACE PLAN VALIDATION Weeks 3-4 Evaluate and refine the City's conceptual workplace layout,ensuring approximately 90 Objective workstations and departmental suites are efficiently organized,code-compliant,and aligned with current and future operational needs.

Reconcile the conceptual plan with egress, ADA clearances, and structural realities.

Key Tasks Department-head touchpoints fa confirm adjacencies and headcounts. Coordinate workstation power/data standard (one circuit per two stations} and furniture dimensions directiy with the City's furniture vendor.

Deliverables Validated space plan;room data sheets;furniture/power-data coordination matrix.

Coordination& Week 4: programming sign-off by the city—the baseline for schematic design.

Review
14 99999.92017\45266232.1

CITY OF UPLAND I RFP No.26-012VA:

Public Works Building Renovation—Teclhnical Proposal
We Architects Group
PHASE 3— PRELIMINARY f SCHEMATIC DESIGN(30%) Weeks 4-7 Objective Establish the design direction and confirm if fits the$3,000,000 combined budget.

Architectural floor plan, demolition strategy, and finish concepts. Mechanical basis of design:replacement RTU/furnace selections sized to new loads,duct distribution concept, Key Tasks T24 pathway. Electrical: load calculations, panelboard replacement strategy, lighting- control approach.Plumbing:restroom ADA layouts, breakroom relocation routing.Phasing concept mapped to City operations.Cost Model No. 1 with VE register.

Deliverables 30%drawing set; basis-of-design narratives (lv1/E}P); phasing diagram;Cost Model No. 1.

Coordination& Week 7: 30% page-turn with City staff; one-week City review; comments logged and Review dispositioned in writing.

PHASE 4— DESIGN DEVELOPMENT(60%) Weeks 8-i I
Objective I Fix the scope in coordinated, priced detail across all disciplines.

Advance the approved design into a fully coordinated multidisciplinary package.

Architectural deliverables will include floor plans,wall types,door, window,and storefront details, including the new front entrance sliding door, two new exterior doors, awnings, interior elevations, and finish schedules. Mechanical design will include equipment schedules,duct distribution layouts,and control system requirements.Electrical documents will address panel schedules, workstation power and data distribution, audiovisual and Key Tasks sound system infrastructure,security system modifications, and traffic control center coax relocation pathways. Plumbing design will include fixture schedules and updates to domestic water, sanitary', vent, and gas systems. Structural engineering will provide calculations and details for wall removals, new openings, and associated building modifications. Cost Estimate No. 2 will be prepared and reconciled against the project budget,with value management decisions reviewed and finalized collaboratively with the city.

Deliverables 60%coordinated drawing set; outline specifications; updated phasing plan; Cost Model No.2.

Coordination& Weeks 10-11:interdisciplinary clash review(led by CAA/QC Manager),then 60%City review Review (one week).

PHASE 3—CONSTRUCTION DOCUMENTS (90% / 100%) Weeks 12-16 Prepare complete and coordinated drawings that accurately communicate design intent, Objective support agency review, facilitate competitive bidding,and provide a clear roadmap for construction.

Prepare complete, coordinated construction documents and technical specifications for all disciplines. Prior to permit submittal,the design package will undergo a comprehensive 90%QA/QC review, including an independent page turn,code compliance verification, Key Tasks constructability review,and cross disciplinary coordination check.Following City review,all 90%of comments will be incorporated into the documents, resulting in a final permit and bidding package. A final construction cost estimate will be prepared and reconciled against the project budget, with bid alternates and scope priorities aligned with the approved value management strategy.

Deliverables 96%set;permit submittal set; 100%bid set;final construction cost estimate;project manual.

Coordination 8 Week 14:90%City review(one week).Week 16:permit submittal to the City AHJ.

Review
15 99999.92017\45266232.1

CITY OF UPLAND I RFP No.26-012 VA.11?4,
Public Works Building Renovation—Technical Proposal
We Architects Group
PHASE 6 — PLAN CHECK & PERMITTING SUPPORT Weeks 16-20 Efficiently navigate plan review and secure permit approvals while maintaining the Objective overall project schedule.

Review and respond to plan check comments through a comprehensive response matrix, documenting resolutions end design revisions. Coordinate directly with Key Tasks reviewing agencies to address questions,clarify code interpretations,and resolve comments promptly. Resubmit revised documents within five working days of receiving review comments and maintain proactive communication with the city throughout the review process.

Plan check response matrix, revised permit documents, back check submittals, Deliverables and approved construction documents ready for bidding and construction.

The Lead Project Manager will provide weekly updates on plan review status, Coordination& outstanding comments, permit milestones, and anticipated approval timelines, Review ensuring the City remains informed and any issues are addressed promptly before they impact project delivery.

PHASE 7 — BID SUPPORT Weeks 20-22
Support the City through the procurement process and position the project for a Objective successful December 2026 construction award.

Participate in the pre bid meetings and contractor site walk, respond promptly to bidder questions and requests for information,prepare addenda as required,and Key Tasks assist the city with evaluating bids,reviewing qualifications,and confirming scope alignment. Provide technical support throughout procurement to ensure contractors clearly understand the project requirements and design intent.

Addenda, bidder question responses, procurement support documentation, and Deliverables assistance with bid review and award recommendations.

Maintain an active bid phase tracking log shared with the City, documenting Coordination& bidder inquiries,responses, issued addenda, end procurement milestones in real Review time. The Lead Project Manager will remain available throughout the bidding period to support timely decision making and keep the project on schedule. 16 99999.92017\45266232.1

CITY OF UPLAND I RFP No.26-012 VS!
Public Works Building Renovation—Technical Proposal
We Architects Group
PHASES — CONSTRUCTION ADMINISTRATION, CLOSEOUT& RECORD DRAWINGS Construction Duration+30 Days
hjective Protect design intent, maintain budget and schedule alignment, and support Ouninterrupted Public Works operations throughout construction and occupancy.

Attend and facilitate the preconstruction conference; conduct regular site observations and issue field reports;review submittals within ten working days and respond to RFIs within 43 to 72 hours;coordinate phasing,access,and operational Key Tasks requirements with Public Works staff; evaluate potential change orders and provide independent cast and scope recommendations; review MEP testing, balancing, and commissioning activities; and lead project closeout, punch list, and final verification efforts.

Field observation reports, submittal and RFI tracking logs, change order Deliverables evaluations and recommendations, punch lists, substantial completion documentation, and record drawings incorporating contractor as built information issued within 30 days of project completion.

Maintain weekly construction progress meetings with the contractor and City representatives, supplemented by regular coordination with Public Works Coordination& operations staff. The Lead Project Manager will provide monthly executive Review summaries highlighting progress, budget status, schedule performance, key decisions,and upcoming milestones.

Discipline Execution Matrix
Discipline Scope Ownership Lead
Space planning,demolition and renovation
design,new entrance and exterior door We Architects Group Architecture improvements,awnings,interior finishes, Rhodore Geronaga accessibility compliance,specifications,and
construction phasing.

Mechanical Rill/furnace replacement(AC-I-AC-4,F-1-F-), Ayres Associates Inc. duct redesign,controls,T24,test&balance Samin Eslamian
Load colas, panelboard replacement, Ayres Associates Inc.

Electrical workstation power/data,lighting controls,AN, Hassan. Razmara sound,security&coax relocation
r
ADA restroom modifications,breakroom Ayres Associates Inc.

Plumbing relocation,fixture and water-heater
replacement,gas revisions Sarin Eslamian
Evaluation of existing building systems,wall
Structuralremoval analysis,new exterior openings, Trueform (as needed) awning support,and renovation related
structural modifications.

Structured QA/QC reviews at each milestone,
�� including page turns,code review, We Architects Group GA interdisciplinary coordination checks,and Nadar.Namdar tracked resolution of review comments.

EXHIBIT B
17 99999.92017\45266232.1

Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a lump-sum contract.

CITY OF UPLAND I RFP No.26-012
Publ:c Works Building Renovation—Fee Proposal
We Architects Group

FEE SUMMARY
RFP Item 15:Include all costs associated with performance of the contract as outlined in the Scope of Services.

Cost shad be a separate PDF file uploaded with your proposal.

The table below summarizes the total proposed fee for architectural design and engineering services for the City of Upland Public Works Building Renovation (RFP No.26-012),inclusive of the prime architectural fee and all subconsultant fees. Per the City's response to Addendum Set 3 (Question 3.14), fees have been proposed based on the full scope of services described in Exhibit A, with the understanding that elements may be prioritized, phased, or value-engineered to align with the City's $3,000,000 combined design and construction budget.

Cost Category Amount
We Architects Group—Architectural Design Services (Prime) $72,880 Ayres Associates Inc.—MEP Engineering (Subconsultant) $43,570 TOTAL PROPOSED FEE $116,454
18 99999.92017\45266232.1

CITY OF UPLAND I RFP No.24-012
Public Works Building Renovation—Fee Proposal
We Architects Group
PRIME ARCHITECTURAL FEE BUILD-UP—WE ARCHITECTS GROUP
Role Billing Rate Est. Hours Subtotal
Principal-in-Charge (Sia Shirazi) $280 24 $6,270 Lead Project Manager(Mark S.Dwyer) $240 32 $7,680 Lead Architect/Technical Expert jRhodore C.

Geronagaa $240 32 $7,680
Lead QC Manager(Nader Namdarl $240 16 $3,840 Project Architect $200 40 $8,000
Job Captain{Designer $148 120 $17,760
CAD Technician/ Drafter $120 80 $9,600
Specification Writer $240 40 $9,600
Administrative/Clerical $100 20 $2,000
We Architects Group Subtotal (Architectural) $72,880 19 99999.92017\45266232.1

CITY OF UPLAND I RFP No.26.012
Public Works Building Renovation—Fee Proposal \f4 We Architects Group
MEP ENGINEERING FEE —AYRES ASSOCIATES INC.

Task Subtotal
Admin $1,690
Site Survey $2,320
Electrical Design & Load Calculation $5,120
Spec Revision (Electrical) $1,560
City Supplementary Permit App. & Follow-up (Electrical) $2,320 Lighting Design, Photometric&Compliance Forms $4,520 Mechanical Design& New Ductwork Calculations $11,260 Spec Revision(Mechanical) $1,360
City Supplementary Permit App. &Follow-up (Mechanical/Plumbing) $1,920 Plumbing Design & Compliance Forms $6,120
MEP Construction Administration $5,360
Ayres Associates Inc.Subtotal(MEP) $43,570
20 99999.92017\45266232.1

CITY OF UPLAND I RFP No.24.012
Public Works Building Renovation—Fee Proposal
We Arc hilecls Group
STRUCTURAL ENGINEERING FEE —TRUEFORM
Trueform will be engaged on an as-needed,time-and-materials basis for structural evaluation and design support related to wall removal, new exterior openings, awning attachments, and other structural modifications required to support the renovation. A not-to-exceed fee will be confirmed upon scoping with Trueform and added to this table before submission.

Task Basis
Structural Engineering (Truefarml—As-Needed T&M—Not to Exceed

BASIS OF FEE
This fee proposal is submitted separately from the Proposal in accordance with Section 15 of the RFP and includes all labor, overhead, profit, and consultant costs required to perform the scope of services described in Exhibit A. Reimbursable expenses, including printing, reprographics, and project-related travel outside Los Angeles and Orange Counties,will be billed at cost in accordance with our standard reimbursement practices and applicable subconsultant agreements.

Costs are organized in accordance with the City's requested fee categories: (1) Preliminary Design, (2) Design Plans Development,(3)Construction Documents and Support,and(4)Record Drawing Production.

Detailed hours, billing rates,and associated fees tor each category are provided in the accompanying fee tables.
21 99999.92017\45266232.1

EXHIBIT C
Activity Schedule
The 22-week design-through-bid schedule ❑eio•wJ is built backward from the City's December 2026 construction award objective and includes explicit City review periods after each milestone. We are prepared to begin immediately upon Notice to Proceed.

Milestone Timeframe City Review Key Deliverable Project kickoff meeting,
Project Kickoff& Notice to Proceed Week D — communication protocols, and project execution plan
Existing Existing Conditions Report
Existing Conditions Assessment Weeks 1-3 Conditions and existing systems Report (Week 3( assessment
Program
Programming &Space Plan Weeks 3-4 Validation Confirmed space plan and Car rnatian operational requirements
Review(Week 41
Schematic Design(30%) Weeks 4-7 One Week 30 design package and Review preliminary cost estimate
One Week 60%coordinated design
Design Development(60%) Weeks 8-11 package and updated cost Review estimate
One Week 90%construction documents,
Construction Documents(?0%) Weeks 12-14 Review QA/QC review,and canstructability verification
Final Construction Documents & Permit Weeks 1 16 Agency Review Final permit set and bidding Submittal documents
Authority Having Plan check responses,
Plan Review& Permit Coordination Weeks lo-20 Jurisdiction revised documents,and approved permit set
Addenda, bidder support,
Procurement& Bid Support ',Nooks 20-22 — and bid evaluation assistance{
Construction Award(CityTargan December 2026 City Council Construction award recommendation
Construction Weekly Field reports,submittal
Construction Administration Duration Co-ordination reviews,RR responses,and Meetings construction support
Within 30 Days of Record drawings and
Project Closeout& Record Drawings Substantial — i Completion closeout documentation
Schedule Flexibility: Our proposed schedule includes time for coordination, reviews, and QA/QC. If nee❑ed, 't'Ve Architects Group can accelerate delivery through parallel design efforts and dedicated resources while maintaining document quality.
22 99999.92017\45266232.1

4 of UX.
d CITY OF UPLAND

BUDGET AMENDMENT
P - c tiP
Date: 8/10/2026 Fiscal Year: FY26-27
Requested by: Charles Kwon Amount: $ -
Dept/Div: Finance Description: PW CIP: A&E Services for PW Bldg Renovation Project-WE Architects

EXPENDITURES
Proposed
Account Number Dept/Account Description Adopted Budget Current Budget Amendment Amended Budget 4207500-5540-82343 General DIF/ PW Bldg Renov - - 43,500.00 43,500.00 4207500-5541 General DIF/CIP Pool 760,000.00 760,000.00 (43,500.00) 716,500.00 6407500-5540-82343 Water/ PW Bldg Renov - - 50,750.00 50,750.00 6407500-5541 Water/CIP Pool 6,000,000.00 5,320,000.00 (50,750.00) 5,269,250.00 6457500-5540-82343 Sewer/ PW Bldg Renov - - 50,750.00 50,750.00 6457500-5541 Sewer/CIP Pool 1,000,000.00 1,000,000.00 (50,750.00) 949,250.00 Total 7,760,000.00 7,080,000.00 - 7,080,000.00

REVENUES
Proposed
Account Number Account Description Adopted Budget Current Budget Amendment Amended Budget Total - - -
Fiscal Impact -
REASON/JUSTIFICATION (Please be specific)
O Appropriations per City Council approval
❑ Reallocation of maintenance&operations to cover actual expense/encumbrances ❑ Estimated revenue adjustment for donations/other sources of revenue ❑ Appropriation line item adjustment to match funds received by grant, donations of other sources (deposit) ❑ Emergency purpose:

Description of Expense:
❑ Other- Explain:

This request is directly related to:
❑ Purchase Requisition No. Vendor:

El Council Meeting action: 8/10/2026 (Attach copy of minutes) Increase Purchase Order# OR Requisition #

APPROVALS
Dept Head Approval: Date:

Deputy Director of Finance: Date:

Funds Available? ❑Yes ❑No
o Approved ❑ Denied
City Manager*: Date:
*Not required if approved by City Council
Comment:

Finance Division Only:

BA#: 02276009 Help Ticket#: N/A
Journal #: Initial/Date:

Revised:3/2024 Page 2 /A4 58 AM

1 1 �,

CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
,n
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): _ ZNO

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):

TNO
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. 08/03/2026 Digitally signed by Sia Shlmzi Sia Shirazi Dale 02608 t313 2440 00S azom
Dale:2026.08.03 13'.42:44-0]'00'
Date Signature of authorized individual
We Architects Group
Company/Applicant Name
(Levine Act definitions on reverse side)

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

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

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

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

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

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

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

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

,4 of' UpL���c.,,,,e d
Public Works-Engineering CIP
r a4.. Telephone 909-291-2930

MEMORANDUM
TO: Michael Blay, City Manager
FROM: Kirk Swanner, Associate Engineer
DATE: 8/4/2026
AB 339 Compliance Requirements for Architectural& Engineering Design RE:

Services Public Works Renovation Project
Effective January 1,2026,Assembly Bill(AB)339 established new notification and meet-and- confer requirements when a public agency proposes to enter into, renew, amend, or extend a contract for services that are within the scope of work performed by classifications represented by a recognized employee organization.

To ensure compliance with AB 339 and avoid delays in contract approval, departments must complete the review process outlined below before requesting placement of a Professional Services Agreement (PSA) on a City Council agenda.

AB 339 applies when the contracted services are currently performed by City employees, could reasonably be performed by City employees, or fall within the scope of work of an existing bargaining unit classification.

Prior to submitting a PSA for agenda placement, departments shall:

1. Determine Whether AB 339 Applies
a. Review the scope of work and identify whether the services fall within duties performed by any City classification.
b. Consult with Human Resources if there is any question regarding bargaining unit work or classification overlap.

2. Submit Documentation to Human Resources
a. Provide the proposed scope of work.
b. Provide a draft agreement, proposal, quote, or statement of work. c. Provide the anticipated contract amount and contract term. d. Provide the proposed Council meeting date.

3. Allow Time for AB 339 Compliance
a. Human Resources will review the proposed services and determine whether AB 339 notice is required.
b. If required, the City must provide written notice to the affected employee organization(s) at least forty-five (45) days before approval of the agreement. c. During the notice period, the employee organization may request information and/or meet and confer regarding the proposed contracting of services.

4. Agenda Scheduling
a. No PSA subject to AB 339 shall be scheduled for City Council consideration until the required notice period has expired or the affected employee organization has agreed in writing to waive all or a portion of the notice period. b. Departments should anticipate a minimum review period of sixty (60) days when AB 339 may apply.

For all Professional Services Agreements, departments shall complete the following checklist:

D Siscope of work reviewed for AB 339 applicability.

It,d'Draft agreement, proposal, or statement of work submitted to Human Resources.

U runding source identified.
oposed Council date provided.

Human Resources determination received.

Forty-five (45) day notice completed or waiver obtained, if applicable. ❑ Agenda item approved for scheduling.

Departments are encouraged to engage Human Resources as early as possible in the procurement process to ensure compliance with AB 339 and avoid delays in project implementation.

Director Approval: AB 339 Notice Date: Yl
HRApproval: 45-Day Exp. Date: h a
Finance Approval: Union Waiver Date: h 4..

Approved for Agenda Placement: ❑X Yes ❑X No

,s��°F °p`qt C oFUPLAND
�, �. "The City of Gracious Living"
c�lrFOR�i� oid
DATE: August 10,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER
JESSICA GORDON,DEPUTY PUBLIC WORKS DIRECTOR—OPERATIONS

RICHARD SMIDERLE,PUBLIC WORKS OPERATIONS MANAGER

MATT SLAGLE,PUBLIC WORKS OPERATIONS SUPERVISOR
SUBJECT: CONSIDER ADOPTING A RESOLUTION DECLARING AN EMERGENCY CONDITION FOR

REPAIRS TO CITY HALL FOLLOWING A SEWER OVERFLOW EVENT
RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution, by 4/5 vote, declaring an emergency condition and authorizing the City Manager to approve purchases and execute contracts related to the restoration of City Hall following a sewer overflow event.

GOAL STATEMENT
The proposed action supports the City's goal in maintaining and assuring that public building facilities are in satisfactory operating condition and safe for public and employee use.

BACKGROUND
On the afternoon of June 17,2026,Public Works Facilities staff responded to a report of a clogged toilet at City Hall.

After initial efforts to clear the blockage were unsuccessful, a professional plumber was called to assist. While the plumber was onsite, approximately 600 gallons of pressurized sewage overflowed from multiple toilets throughout City Hall. Staff immediately initiated response efforts on three fronts: engaging a contractor for extraction and sanitization,working with the plumber to stop the overflow and begin cleanup,and deploying City Sewer staff to help locate and clear the blockage. The obstruction was cleared later that evening, but cleanup efforts continued into the early morning hours.

ISSUES AND ANALYSIS
On June 18,2026,full remediation efforts began.A professional restoration contractor was onsite early that morning to assess the extent of the damage,develop a remediation plan,and install industrial air scrubbers and dehumidifiers.

Asbestos testing was performed, and two independent environmental consulting firms were contacted to provide guidance on air quality and other potential health and safety considerations. Both confirmed there is no specific air quality test for sewage-related contaminants and advised that the primary health risk is direct contact with affected materials,rather than airborne exposure.

By June 21,2026,demolition of the affected carpet,drywall,and plaster in employee work areas had been completed.

All impacted hard surfaces were professionally cleaned and sanitized, eliminating any remaining contamination or microbial concerns, which was later confirmed through laboratory testing. During the process, additional suspected asbestos-containing materials were identified in the lobby, requiring further testing and delaying demolition in that area.Full remediation was completed on June 26,2026.

While remediation was underway, staff also began coordinating with contractors to develop restoration plans and obtain project quotes. Restoration work is anticipated to begin in August and continue through October, with the schedule accounting for material lead times and the need to minimize disruptions during public meetings and other City events.

Remediation work and restoration services have not been formally bid due to it being an emergency repair necessary to address urgent operational needs while preserving and restoring a critical public facility.As an emergency purchase, it is exempt from competitive bidding pursuant to Section 11.6 of the City of Upland Purchasing Policy. Despite this

exemption, staff have been diligent in obtaining quotes related to restoration efforts and remediation efforts were undertaken by a nationally recognized leader in industrial cleanups.

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 CEQA Guidelines. The project involves repair and maintenance of a city facility and does not involve any expansion of use beyond that which exists.

FISCAL IMPACTS
The total estimated cost for full remediation and restoration efforts is between$350,000 to$400,000.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of CEQA Guidelines.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA, DECLARING AN EMERGENCY,

RATIFYING ACTION TAKEN BY THE CITY MANAGER

AND AUTHORIZING THE CITY MANAGER TO TAKE

FURTHER ACTION AS MAY BE NECESSARY IN

RESPONSE TO CITY HALL REMEDIATION AND

RESTORATION DUE TO A SEWER OVERFLOW
WHEREAS, the City performs essential public services at 460 N. Euclid Avenue ("City Hall"); and
WHEREAS, on June 17, 2026, City staff responded to and temporarily stabilized a sanitary sewer overflow of approximately six hundred gallons of raw sewage from the restrooms at City Hall, which affected over 6,700 square feet of flooring and another 300 square feet of drywall and plaster in both employee work and in public corridors; and WHEREAS, City staff determined that the cause of the raw sewage overflow was the result of several factors including root intrusion into the City Hall sewer lateral and a buildup of sanitary paper products which blocked City Hall's sewer system; and WHEREAS, conditions required prompt remedial action to protect City Hall from futher damage and to restore appropriate conditions for employees and the public; and WHEREAS, the sewer overflow resulted in the closure of City Hall to employees and the public, constitutes an emergency under applicable law and such emergency would not reasonably permit delays associated with a competitive solicitation for bids and actions authorized herein are necessary to respond to the emergency; and WHEREAS, in order to protect property and resume operations quickly, it is necessary to take immediate action to repair City Hall's sewer blockage, remediate any contamination of the building by raw sewage, and restore the City Hall building to its customary condition; and
WHEREAS, the City Council wishes to ratify the actions taken by the City Manager, pursuant to the report presented to the City Council, attached as Exhibit A, to remediate City Hall, repair the sewer system and address the emergency as described herein.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UPLAND AS FOLLOWS:

SECTION 1. The above-referenced recitals are true and correct and are incorporated herein by this reference.

Resolution No.

SECTION 2. The City Council declares that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property, and hereby delegates to the City Manager the authority to take such immediate further action as may be necessary to safeguard life, health or property in connection with repair to the sewer system and remediation and restoration of City Hall in accordance with Public Contracts Code Sections 20168 and 22050 and without otherwise complying with bid requirements required by law.

SECTION 3. The City Council authorizes action set forth herein and further ratifies action taken to date to address the potential contamination and structural damage on the basis that the emergency described herein will not permit a delay resulting from a competitive solicitation of bids and the action is necessary to respond to the emergency.

SECTION 4. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

SECTION 5. Severability. If any section, subsection, subdivision, sentence, 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. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

SECTION 7. Effective Date. This Resolution shall become effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED this 10th day of August, 2026.

Bill Velto, Mayor

Resolution No.

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 10th day of August, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, CMC, City Clerk

, °v °p`q� cITFUP LAND
oid "The City of Gracious Living"
DATE: August 10,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR

ALAN FRENCH,PRINCIPAL ENGINEER
SUBJECT: CONSIDER APPROVAL OF A FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS,INC.

RECOMMENDED ACTION:

It is recommended that the City Council approve Amendment No.4 to the Agreement with TransTech Engineers,Inc., increasing the annual compensation from$60,000 for Fiscal Year 2025-26 to$63,000;and authorize the City Manager to execute the amendment.

GOAL STATEMENT
The proposed action supports the City's goal of providing reliable,timely and efficient traffic engineering services for the Upland citizens.

BACKGROUND
The City of Upland utilizes part-time contract consultants to provide professional services and to augment existing staff levels. On September 27, 2021, the City Council approved a professional services agreement with TransTech Engineers,Inc. (TransTech)for plan check services and staff augmentation.The original contract was for a five-year term with two City-optional one-year extensions for a contract amount of$60,000 per year for the five-year term for a total contract amount of$300,000.

Due to the value of the service,Amendment No. 1 to the agreement with TransTech was approved on June 30,2022.

The agreement increased the annual contract amount by $8,000 for total annual amount of$68,000 per year. This amendment allowed for additional plan check services to complete projects already in process.

On June 10,2024,the City Council approved Amendment No.2,increasing the annual compensation to$75,000.This was due to a delay with some project submittals and an increase in project activity.As a result,TransTech assignments exceeded the annual contract limit in FY 2023-24 by $15,000. The amendment covered the TransTech contract overage for that year and was back to the original amount of$60,000 the following fiscal year.

On June 22,2026 the City Council approved Amendment No. 3,extending the contract for an additional year to June 30,2027 at the same annual rate of$60,000 per year.

Assembly Bill (AB) 339 (effective January 1, 2026) requires local public agencies to provide recognized employee organizations with at least 45 days'written notice prior to issuing an RFP,RFQ,or renewing or extending a contract for services that are currently performed by represented employees.

ISSUES AND ANALYSIS
TransTech provides cost-effective services and has performed satisfactorily for the term of the contract.The services provided by TransTech are dependent on the development activity and they are assigned work for several development projects in process. This ensures continuity by allowing the process to be completed by the same plan checkers who have been reviewing the projects.

Staff are recommending that City Council increase the one-year annual compensation by$3,000 from$60,000 per the existing contract to$63,000 for the end date of June 30,2026, for the Fiscal Year 2025-26. The extension would not affect the overall budget amount.

The requested action is only requesting additional compensation for work associated with this contract and not performing duties by classifications represented by the UMMEA bargaining unit.Therefore,this action is not subject to the requirements of AB 339.

ENVIRONMENTAL DETERMINATION
This contract amendment for plan checking servicing with the City is not considered a project under the California Environmental Quality Act(CEQA)pursuant to Section 15378 of the CEQA Guidelines.

FISCAL IMPACTS
The total cost for Fiscal Year 2025-26 is$63,000. There are available funds in the Development/Traffic Engineering Professional Services Account No. 1012208-5252 which are fully offset through the collection of fees in the development process deposited into the Development Map&Plan Check Revenue Account No. 1012208-4646.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

AMENDMENT NO. 4 TO AGREEMENT

FOR PROFESSIONAL SERVICES WITH TRANSTECH CORPORATION
This Amendment No. 4 to the Professional Services Agreement is made and entered into as of August 10, 2026 ("Effective Date") by and between the City of Upland, a municipal corporation ("City") and TRANSTECH Engineers, INC., a California Corporation ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."

RECITALS
A. WHEREAS, the City and the Consultant entered into an agreement, dated September 27, 2021, for the purpose of providing plan checking and staff augmentation services (the "Original Agreement"), which provided for compensation of $60,000 for the first year of the Agreement.

B. WHEREAS, the City and the Consultant executed Amendment No. 1, dated June 30, 2022, to the Original Agreement "(the Original Agreement and Amendment No. 1 are hereafter collectively referred to as the "Amended Agreement")" for the purpose of providing plan checking and staff augmentation services, which provided for compensation of $68,000 for the second year of the Amended Agreement.

C. WHEREAS, the City and the Consultant executed Amendment No. 2, dated June 10, 2024 to the Amended Agreement for the purpose of providing plan checking and staff augmentation services in the amount of $80,000 for the third year of the Amended Agreement.

D. WHEREAS, the City and Consultant executed Amendment No. 3, dated June 29, 2026, to the Amended Agreement to extend the term for an additional one year to June 27, 2027 for plan-checking and staff augmentation services in the amount of $60,000 for the fourth year of the Amended Agreement.

E. WHEREAS, the Parties now desire to amend the Amended Agreement for the purpose of plan-checking and staff augmentation services in the amount of$63,000 for the fourth year of the Amended Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 4 and the Amended Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Compensation. Compensation for the sixth year of the Amended Agreement for plan-checking and staff augmentation services shall not exceed $63,000 through the current end date of June 30, 2026, and is to be included in City's 2025-2026 fiscal year budget.

3. Term. The Amended Agreement provides for one additional optional year that has not yet been exercised, under which the Parties may, if desired, by mutual consent, agree to extend the term of the Amended Agreement through June 30, 2028.

The Parties acknowledge that the term of this Amended Agreement may not be extended beyond June 30, 2028.

4. Full Force. Except as amended by this Amendment No. 4, all provisions the Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 4.

5. Electronic Transmission. A manually signed copy of this Amendment No. 4 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 4 for all purposes. This Amendment No. 4 may be signed using an electronic signature.

6. Counterparts. This Amendment No. 4 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 4 on the Effective Date first herein above written.

CITY OF UPLAND CONSULTANT
TRANSTECH Engineers, Inc.

Michael Blay,
City Manager Name:

Title:

APPROVED AS TO FORM: TRANSTECH Engineers, Inc.

Name:

Best Best & Krieger LLP Title:

City Attorney
ATTEST:

Keri Johnson
City Clerk

EXHIBIT A-1

ADDITIONAL PLAN CHECKING AND STAFF

AUGMENTATION SERVICES

FEE 1
Following are Fee Rates fur 4 Staff Classifications listed In Clt s R FQ:
a-Permit TechNclan $8.5
h,A:Si tantEngineer $120
c.Assetiate Engineer S14S
d.Seniur Engineer $195
Foilowing is Trenstethrs Fee Schedule for all Staff aesslflcatlans; TRANSTECH ENGINEERS, INC.

SCHEDULE OF HOURLY RATES
Effective th rough June 30, 20.22
-. r.J F.-p i.l:.- (.:1l
`1 1N _-: '., . r1 tl.w:i 'itr Lii _21`.::; ? ;. FT....

F.elc Tedlniden _ 590 Lahr Demoia1ta�.iaysi 49;135 3rTrittTechnlCien tAb Ergirseeirg Tethiii n 535 Fir Caxdinalor S14D 3DI1 Check.Tectnicig l 950 Asslsgn'CAD Drafter S11. Lkiity:ou-dinalo' S15u 3uiid rrj Irsvevtor $11; Senior Atl br ficr S13. Office E1ic:nEer S135 SEri if I-nspector L12.5 Anna..1ore DEnignEr 514E Corsiucfoi Irsaecicr 313. Glenn ExErnineriChe:ker $135 Seilbr Deslane' -- S15E. Saiict Cansilutllon inspedo• S145 'Isn CheckEnglneef S'SD Design=i'c,jeci Maiager 818. Cer.lrnrt cm Piararer SIM Deputy BLildiig l}ri,ial S'5D Aesi9ten1Engrieer Sin I eslcen1Enrtleer 5.85 3uildng.Offieel S'16D Staff/ ssociaks .Y.'Englneg 514E P LI 3_ C 1'..3 R F.E. I'.•.E F E=-I J •. -'_: r•t. N.'.

S exier Civil Engineer S19, Pt...b1 W lc9 Inspeotae S'35 Dzirnin.irlifyDeielcrianentTedinician a&] TrardeAnalpstTechricar 511E Sonic('PublicWorks llspeclor _ S'45 'lannlrtg Tod-ink-lei S55 Isss4:iahe Traffic Anslyst Si 3C &fen sirs P'N IrS. r 5`50 .45sisrant Piennir 5120 Senior Tuft ArEl),Et S15C L'l."%_'i `..'l:: , +'..F'1-'I NG A5soobte Planer S135 Professorial Trenspertalkn Plamel S16•5 Sunaey nnalyal i $135 Sonia' hnner S135 Traflic EngireNTedinioan 6e5 -Senlor-Sbriey Aaarysl 3145 Pleinin.;P.4erager S155 Ayeociate Traffic Engineer S'.4E 2-Mal J.IrueF u191.1 3514 Traffic ErtgiiM1 8'6` Surrey&rdapprg Speciafst S175 .lmni irati..s'Oeital 1365 S enior TrafficErgireer S'8E ffeensed Lard 41rvoycr $190 ProiBCtkm:Ii1 t $l} Fro,ectRana er S'7: F..N 1'•.L y. ,R.;' - "'=ITINr3 Senior Prajaut 01..anagcr 6185 FunespnsIyst '1:`ao ['evilly City Engireer 518f Senior FJfis A aryst 31LO Orly C1ghter 6175 Grapkc&Rerderirg EsegnEr 1126 FrincpEl Engineer S194• I3ra'rtINril€ y3156� F11lt's&GrantF-ajec.Manage- $175
The salts are InCrCcssed ict year kly 1st sutamalfcery Dy the pEroertegs ciarge Las AngEles-Lang E oa:h,klal$Ir Caftrria Consumer I'Hce IndexAl Mal Cons,lri rs.;'CFI•Inforlhe preoedrr twd'm•n-nth per ad es:slwhLedfar Fetruay by the U.S.DEpsrtnent x Labcr Eurfai.•r Leber Stele s-;ae aid pubishEd by tie Urit d Sites 3uroau of Latin' Siaiielic.
'i• FEE P,-ROI OEAL
riBlildiEd
FOR.PROFESSIONAL ENGINEERING PLAN CHECK AND STAFF AUGMENTATION •

Docusign Envelope ID:C9A4F78D-2D11-84E9-8387-AE499B81919E AMENDMENT NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT
WITH TRANSTECH ENGINEERS, INC.

This Amendment No. 3 to the Professional Services Agreement is made and entered into as of June 29, 2026, ("Effective Date") by and between the City of Upland, a municipal corporation ("City")and Transtech Engineers, Inc., a California Corporation ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated September 27, 2021, for the purpose of providing plan checking and staff augmentation services (the "Original Agreement").

B. WHEREAS, the City and the Consultant have executed Amendment No. 1, dated June 30, 2022, to the Original Agreement for the purpose of providing additional plan checking and staff augmentation services for an additional compensation of $8,000 for City fiscal year 2021/2022 and future fiscal years.

C. WHEREAS, the City and the Consultant executed Amendment No. 2, dated June 10, 2024, to provide additional plan checking and staff augmentation services and to increase compensation for such services to $80,000 for the City's fiscal year 2023/2024 only, all in accordance with the compensation provisions of the Agreement (collectively the Original Agreement, Amendment No. 1, and Amendment No. 2, are hereinafter referred to as the "Amended Agreement").

D. WHEREAS, the City and the Consultant now desire to amend the Amended Agreement to extend the term for an additional one year for Consultant to continue providing plan-checking services during the City's 2026/2027 fiscal year and to provide additional compensation of up to$60,000 for such services in accordance with the compensation provisions of the Amended Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 3 and the Amended Agreement, the Parties mutually agree as follows:

AGREEMENT
1 . Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Term Extension 2026/2027 Fiscal Year and Compensation.

Notwithstanding any provision in Sections 5 of the Amended Agreement, to the contrary, the end limit date of June 30, 2026, is hereby replaced with the end date of June 30, 2027, to include City's 2026/2027 fiscal year. The not-to-exceed compensation due Consultant for 2026/2027 shall be $60,000 in accordance with the

Docusign Envelope ID:C9A4F78D-2D11-84E9-8387-AE499B81919E Amended Agreement.

3. Full Force. Except as amended by this Amendment No. 3, all provisions of the Amended Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 3.

4. Electronic Transmission. A manually signed copy of this Amendment No. 3 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 3 for all purposes. This Amendment No. 3 may be signed using an electronic signature.

5. Counterparts. This Amendment No. 3 may be signed in counterparts, each of which shall constitute an original.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 3 on the Effective Date first herein above written.
[SIGNATURES ON FOLLOWING PAGE]

Docusign Envelope ID:C9A4F78D-2D11-84E9-8387-AE499B81919E

SIGNATURE PAGE TO
AMENDMENT NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT
WITH TRANSTECH ENGINEERS, INC.

CITY CONSULTANT
CITY OF UPLAND TRANSTECH ENGINEERS, INC.
—DocuSigned by: Signed by:

Iktidka ,au/ QW (,air
' —ED26F9DCC3FF48A... •1/4.-5390828F75B84DD...

Michael Blay, Name: Ali Cayir
City Manager Title: President
ATTEST:

DocuSigned by: ,—DocuSigned by:

F421A8F85BE347A... ."—EC2F25A445AC488...

Keri Johnson Name: Sybil Cayir
City Clerk Title: Secretary
APPROVED AS TO FORM:
(—Signed by:
t,bwuaS Ku.
'-0A98505EF9C842A...

Best Best & Krieger LLP
City Attorney

DocuSign Envelope ID: F6E15645-DD8A-4061-BD2F-5D309CB1BC43 AMENDMENT NO. 2 TO AGREEMENT

FOR PROFESSIONAL SERVICES WITH TRANSTECH CORPORATION
This Amendment No. 2 to the Professional Services Agreement is made and entered into as of June 10, 2024 ("Effective Date") by and between the City of Upland, a municipal corporation ("City") and TRANSTECH Engineers, INC., a California Corporation ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated September 27, 2021, for the purpose of providing plan checking and staff augmentation services (the "Original Agreement").

B. WHEREAS, the City and the Consultant have executed Amendment No. 1, dated June 30, 2022, to the Original Agreement "(the Original Agreement and Amendment No. 1 are hereafter collectively referred to as the "Amended Agreement")" for the purpose of providing additional plan checking and staff augmentation services for an additional compensation of $8,000 for City fiscal year 2021/22 and the future fiscal years.

C. WHEREAS, the Parties now desire to amend the Amended Agreement in order to include additional plan checking and staff augmentation services and to include additional funds for the performance of the additional plan checking services in the amount of$20,000 for the City's fiscal year 2023/24 for the performance of the additional plan checking services otherwise in accordance with the compensation provisions of the Amended Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2 and the Original Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Compensation Commencing July 1, 2023. Notwithstanding any provisions in Section 2 of the Amended Agreement to the contrary, commencing July 1, 2023 for City fiscal year 2023/24 only, and for services rendered to City, (a) the fiscal year compensation shall not exceed $80,000, (b) the Schedule of Charges shall be as set forth in Exhibit "A-1" attached hereto and incorporated herein by reference, and (c) the total fiscal year compensation for City fiscal year 2023/24 only, including Additional Work, shall not exceed $80,000 without approval by the City Council

3. Electronic Transmission. A manually signed copy of this Amendment No. 2 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature.

4. Counterparts. This Amendment No. 2 may be signed in counterpartC >i58 of 435

DocuSign Envelope ID: F6E15645-DD8A-4061-BD2F-5D309CB1BC43 of which shall constitute an original.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written.

CITY OF UPLAND CONSULTANT
TRANSTECH Engineers, Inc.
.—DocuSigned by:
ki ,—DocuSigned by:
1^
�GB26FB966SFF18n... Q (Air
Michael Blay, - 0000020r77,D°CD...

City Manager Name: Allen cayi r
Title: oresi dent
APPROVED AS TO FORM:

TRANSTECH Engineers, Inc.
iocu:,
gned by:
(—DocuSigned by:

S py VufS
'aQF6 G .G62F25^17 S46a 89
Stephen Deitsch Name: sybi 1 cayi r
Best Best & Krieger LLP
City Attorney secretary
y
ATTEST:
,—DocuSigned by:

Keri Johnson
City Clerk

DocuSign Envelope ID: F6E15645-DD8A-4061-BD2F-5D309CB1BC43 EXHIBIT A-1

ADDITIONAL PLAN CHECKING AND STAFF

AUGMENTATION SERVICES
[RATE SHEET ATTACHED]

DocuSign Envelope ID: F6E15645-DD8A-4061-BD2F-5D309CB1BC43 FEE 1
Following are Fee Rates for 4 Staff Classifications listed In CItte$R FOL:
a_Permit Technician S 5
b.ASSiSta nt Engineer $120
c.Associate Engineer $145
d.Senior EnginHer $195
Following is Trenstechrs Fee Schedule for all Staff aassificatkii, TRAN&TEEH ENGINEERS, INW.

SCHEDULE OF HOURLY RATES
Eff. ctlre through June 30, 2(1.22
r.C f.1-,-P 1.1:.- C.."1
`. IFI=_-: '•, . b1AFl. i '.iEt• LU _.I'•::; ? :. F.T....

Felc Technician _ 590 Lahr smpia1c ..1a}s1 135 sec illTechniiien •°S Engirsecirg Technician 535 Firdy Coo-dineior 514D 'bn CheckTechnldatl 9 0 Asslsean'CAD Drafter S115 LEiitY:4u-dinalo' S15u 3ulldrrl Irsvevtor 111C Sccior;AD brarinr Si3,5 Office E-ne.`neer icr l p3{tor $125 Anna..fate Designer S14C Ccrslructoi Irsaecclor S135 bne ExerninarCChecker $135 SettarDenIne: -- 5151: Emil"CansiIucllonlnspedo- S145 'Ivrl Check Englnef S'Ew Essign=14cf fdaialer S18E Cc..rslrnr#nn lfararer SIRS Dept).9rildiig i}ri.ii3l S'5 AaaistenlErigrwer S12t: ResleLeniEngtleer 5;85 3uildn}Offical S'$D StaflPl4sociatsC.V..!Englnesf 5145 P1_13_ v 0,:;-:Kv. I'.. FE_-lTJ .. -'_ f..7•. N.:

S e.iorCivil Engineer S1SE Ft~oll0'rYcr1,.9Inipec1.17 S..35 .)ammuutsDe.elaementTerhnidan 30 Traffic{,nalystTecirio'ar SI1C Sonia'Public'kirks lipeclor S'45 'IannIngTcchnicia7 S55 ASS4:i48 Trafit AnsIyst 613C $L-RerOsiry PW IrSpeCtor S'50 .499i9tant PiEmn.Br 6120 Eenior Traffic ArElpet S15C 4Lgg"+_'i `'.'i:: ', r'..F'F'ING r.WosiatePlaner S135 Professonal TranSpertitkn Plarnr:r 516E Surrey nnalyal 3135 Senior'hnner S155 TraflicEngireerTfchniian Se5 8enlo'8urieyAiahol 8145 :Ii1ninerlerager S165 AssOm Traffic Engireer S'.45 24.1a1 Slirvey u 'i $514 Trarlic Ertgiimr 5'6C Surrey&fdepprci Specialst 5175 Admn¢irati.elOeivaI 385 S enior Traffic Engireer S'8E Licensed;And Surnecr 3190 Pried.Ac onri1 'nt 36.3 Prow Rliana?er S'7:• F-N:.1 •.2 u. GP.4•.,- ..=ITING Senior PrbOctil..anager 6185 Funr: An9ly9t 3130 E911119 City Engireer S15.' Sa fiiOr FJrid2 hl'3fyst 31LO Orly E'lgrb r 5175 [rElph.c& erderirg Stegner 3125 Frincpel Engineer S19.• a I3ra'It eider 3155
Fars&Grant F.-ajec Menage- 3175
The,ates 0r:Ir1Croased ict year JL1y let sufarrahcary Dy the peroartege marge Lag Angeles-Lang E oa:'h4.1ae$Ir Caftrria Coneurrer Price Inielt-All Ubai ConsJrlers•;'CFI•U')for The prece i%twdye•rn..3r•th per ad es:flwhtedfar Feh ii y by the U.S.DEpart•nent x Labcr Eurc-al.•r Labff Stet s-;ca and pubiahed by tie Urit-ed 51 ,e6 3ur0au of Laklo' S1a1ia1ic.
0 FEE PROPOSAL Tina

FOR PROFESSIONAL EIIGINEERIHG PLAN CHECK AND STAFF AUGMENTATION

AMENDMENT NO. 1 TO

AGREEMENT FOR PROFESSIONAL SERVICES

WITH TRANSTECH CORPORATION
This Amendment No. 1 to the Professional Services Agreement is made and entered into as of June 30,2022 ("Effective Date") by and between the City of San Upland, a municipal corporation ("City") and TRANSTECH Engineers, Inc., a California Corporation ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated September 27, 2021, for the purpose of providing grant application services (the "Original Agreement").

B. WHEREAS, the Parties now desire to amend the Original Agreement in order to include additional staff augmentation services and to include additional funds for the performance of the additional staff augmentation services in accordance with the compensation provisions of the Original Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Original Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Amendment to Section 2 of the Original Agreement. Section 2 of the Original Agreement is hereby amended to read as follows:
"2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of$68,000 per year. 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 of an 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. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty(30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a notice of any disputed fees set forth on the invoice.
d. The City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). In no event shall the total sum of the agreement (original compensation amount and Additional Work) exceed one hundred eighteen thousand dollars ($118,000.00). Any additional work in excess of this amount shall be approved by the City Council.

3. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed Eight Thousand Dollars($8,000), thereby increasing the total not to exceed compensation of the Original Agreement to the amount of Sixty- Eight Thousand Dollars ($68.000). Work shall be performed at the rates set forth in the Exhibit "A-1".

4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF UPLAND CONSULTANT
APPROVE BY: TRANSTECH ENGINEERS
Braden Yu, /
Director of Public Works Signature -
Allen Cayir
APPROVED AS TO FORM. Name
{7 -iktial President
Best Bet & KriegerVV LLP Title
City Attorney

CITY OF UPLAND CONSULTANT
APPROVED BY: TRANSTECH ENGINEERS
Braden Yu,
Director of Public Works Signature
Allen Cayir
APPROVED AS TO FORM: Name
President
Best Best& Krieger LLP Title
City Attorney

EXHIBIT A-1

ADDITIONAL STAFF AUGMENTATION SERVICES
[RATE SHEET ATTACHED]

FEE 1
Following two Fee Rates for 4 Staff Classifications listed In CIty's R IQ:
a.Permit Tethnlcian $85
b.Awsiytant Engineer $120
c.Associate Engineer $145
d.Senior Engineer $195
Following is Transtech's Foe Schedule for all Staff Oasslflcations:

TRAN$TECH ENGINEERS, INC.

SCHEDULE OF HOURLY RATES
Effective through June 30, 2022
.,_Itl__ . ..•, IIIMIKEEM Lit _.I`..::; ' FT__.

F.elcTechnician S20 Late;a:bel iwAnaysi 5131 Aunt Technician Sas Engireaeirrg Technician 535 Finds GaxdinalD S147 'an Check Tacrnldan 1;60 _ AaaIatdn'CAD Drafter S11S Wily Coudinalo' 515. 3uIIdng Irs.e:tor $1 IC So:lier CAD Wier Si 3; Office Eigfnser 5135 Senior Inspector LI25 Associate DeLsgner S14: Ccrs1 uc of IrsnclDr S13E Mans ExrrninerIChesker $135 Sailor DesIgner St 5:• SanimCansilucilen inspect°• S145 °Ian Check Englneer Si 3D Desi7n ,�jeol Malager S185 Ccrslnrrsni tfararer SIRS Deputy BLildiip O i ial S'5D ;asintse1 Engneer S122 . Reticent Eric neer C,85 3nild n3 pine el S'6D Staffessociats CY.I Englner S145 PUS._ -K_. I',"F E--17"•, f r Senior Civil Engineer 619! Ft blIc Works inSpecice S 35 •bmm r I Dereft inent Techniden S00 Trafiiclnajnefeciric'r S11C Sonic(Public Worts hepoclor $'45 'IannIngTsdmiciai SB3 Associate Traffic Analyst 513C 51. en'sing Phi Irepegppr 910 Assistant Penner S120 SeniorTrafficArelyet S15C _1 ;`l :.fE1[1,3 As5oni3lePlaner S135 FrofeSs oral Trenapertalicn Ramer Ss 65 Surrey i'.nalyel 3135 Senior 3laniier 5165 Traffic EngineerTedinidan CM Senice8tneyAlalysi S115 :io'minsPAsrsaer 5155 Associate Traffic Engireer 5`.45 2-hint Shaer Dui $514 I I i. R TPLF (:T r.

Trek Enginser S`& Survey&Liming Spedalst 5175 Aami ielratiteUaittl 3$5 Senior Traffic Engireer S'S5 Licensed Lard 6urva'cr $190 ProjectAceasniant gm FriaeEt Manager S'7
Senior Projact lianagcr S185 Funrspnslyst _ I'Ai• De{miy City F.ngireer 516E Senior FJnda ftratyst _ 31'n City l s liteer 8175 Cr fsc8 arderirg Ceagnar 312S Frindps1 Engines. _ S15:• liral'It Miler 3155 Fairs&GrantFloc.Manage- 3175
Tito•cites arc Increased Root year Jriy 1st suton•alicafy>ythe pernartsgea,arge Las Angeles-Lang E6a.t-A1a1BIT Cation-is Consumer Price Index-All Mai Coi nJne s CFI•U')for ihe precedrU twdve•m r iti per ad as:Elwated far Fetruary I:y the U.S.Department of Labor Eurear.o Labor Stet sfes aid published by he Urittd Was Slidell of Lebo' Statistic.
,, # -• - :-:.: .

FOR PROFESSIONAL ENGINEERING PLAN CHECK AND STAFF AUGMENTATION

CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of September 27, 2021, 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 TRANSTECH Engineers, Inc., a California CORPORATION, with its principal place of business at 13367 Benson Avenue Chino, CA. 91710 (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:

Plan Checking and Staff Augmentation Services (hereinafter referred to as "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 Services attached hereto as Exhibit "A."

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit"B." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $60,000 per year. 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 of an 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. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty(30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a notice of any disputed fees set forth on the invoice.
1

d. The City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). In no event shall the total sum of the agreement (original compensation amount and Additional Work) exceed fifty thousand dollars ($50,000.00). Any additional work in excess of this amount shall be approved 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.

The term of this Agreement shall be from the date the contract is executed by all parties to June 30, 2026, unless earlier terminated as provided herein. The Parties may, by mutual written consent, extend the term of this Agreement for up to two terms one year each. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed").

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. Com;:liance 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. 2

•
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. c. If applicable, 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. Inde _endent 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 Consultant 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 3

addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. 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 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/Emplover's Liability
(I) Consultant certifies that he/she 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 he/she 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 "Workers' 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 LiabiU,, 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 Polic, Limits Re:auired
(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) including 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.

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 subcontractors or subconsultants.

12. Indemnification.
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a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), 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 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 defend, 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. 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 8

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 termination. 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 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. O ganization
9

Consultant shall assign Ahmad Ansari, PE 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:

DISTRICT: CONSULTANT:

City of Upland Ahmad Ansari, PE
460 N. Euclid Avenue TRANSTECH Engineers, Inc.
13367 Benson Avenue
Upland, CA 91786 Chino, CA. 91710
Attn: City Manager
and shall be effective upon receipt thereof.

22. Third Part, Rinhts
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
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
10

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 Emi;lor 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]
11

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND

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

CITY OF UPLAND TRANSTECH Engineers, Inc.

By: '�
By:

Stephen Pa er 1491
Acting City Manager Its: Pres'den 1"
Printed Name: Allen Car
ATTEST.

By:

Keri J son
City Clerk
APPROVED AS TO FORM:

By: ' -v6TA).1-t
Stephen Deitsch
City Attorney
12

EXHIBIT A
Scope of Services

TASKS TO BE PERFORMED
A. CITY SURVEYOR
Review of tentative and final tract or parcel maps submitted by developers in compliance to conditions of approval. Consultant will act as CITY SURVEYOR and will be signatory to all approved maps.Review wit include review of closure calculations of all lots formed by land subdivisions, review of title reports, review and coordination of all easements and dedications to the City or utility companies;review of lot mergers,reversions,vacations, lot line adjustments, setting monuments for private and public improvements.

B. DEVELOPMENT PLANS REVIEW
Review engineering plans submitted by private engineering firms involving public and private improvement for land development projects. Plans,calculations and reports include street improvement plans,sewer improvement plans,water improvement plans,storm drain plans,mass grading plans, rough grading plans, precise grading plans, landscaping plans, irrigation plans,street light plans and miscellaneous public improvements including bridges, retaining walls,flood control channels. In addition,Consultant will also review erosion control plans,Water Quality Management Plans(WQMP)and Storm Water Pollution Prevention Plans(SWPPP)This scope includes review of geotechnical reports, hydrology and hydraulic calculations and other engineering documents in support of proposed improvements;review for conformance to standards,acceptable engineering practice and conformance to conditions of approval and all applicable local, state and federal laws:

C. TRAFFIC ENGINEERING PLANS
Review of traffic signal plans,signing and striping plans and supporting documents such as traffic impact analysis,traffic signal timing and coordination, traffic control plans,road closure plans and variety of traffic related plan review.

D. OTHER RELATED WORKS
As deemed fit and per sole discretion by the City, Consultant may be asked to perform other professional engineering and surveying tasks.

E. Consultant agrees to provide staff Augmentation, to perform the functions and activities for the City of Upland including the following:

1. Report to City Hall when called upon to provide on-site personnel within seven (7) days of notification. Meet and/or work with City staff, as needed;

2. Field review of projects with City staff, as needed, to address distinct aspects of the proposed project; and attend scheduled meetings with or in place of City Staff, as needed, to work with the Engineer of Record, Developers, and Consultants on processing projects and coordinate to obtain project approvals.

3. Provide permitting support including review of traffic control plans, provide comments to applicants on permit applications, issue, and file permits. Consultant agrees to provide counter, permit or engineering staff, to perform the functions and activities for the City of Upland including maintain regularly scheduled office hours at the city based on an as needed basis. Provide interaction with staff, consultants, the public, community groups engineers, contractors, and inspectors during all phases of the entitlement, design, and construction of public works improvements.

4. Serve and represent the City to the public and other governmental agencies to address all matters relating to existing or proposed development projects within and/or affecting the city. Review development submittals and provide comments or conditions to ensure consistency with local development, city standards and policy. Attend a minimum of two public works staff meeting per month. Report directly to the Principal Engineer daily. 13

EXHIBIT B
Schedule of Charges/Payments
Applicable Billing Rates are attached hereto
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.
14

FEE 1
Following are Fee Rates for 4 Staff Classifications listed in City's RFQ:
a. Permit Technician $85
b.Assistant Engineer $120
c.Associate Engineer $145
d. Senior Engineer $195
Following is Transtech's Fee Schedule for all Staff Classifications:

TRANSTECH ENGINEERS, INC.

SCHEDULE OF HOURLY RATES
Effective through June 30, 2022
ENGINEERING CONSTRUCTION BUILDING & SAFETY

MANAGEMENT
Field Technician $80 Labor Compliance Analyst $135 Permit Technician $85 Engineering Technician $95 Funds Coordinator $140 Plan Check Technician $90 Assistant CAD Drafter $115 Utility Coordinator $150 Building Inspector $110 Senior CAD Drafter $135 Office Engineer $135 Senior Inspector $125 Associate Designer $140 Construction Inspector $135 Plans Examiner/Checker $135 Senior Designer $150 Senior Construction Inspector $145 Plan Check Engineer $150 Design Project Manager $185 Construction Manager $185 Deputy Building Official $150 Assistant Engineer $120 Resident Engineer $185 Building Official $160 Staff/Associate Civil Engineer $145 PUBLIC WORKS INSPECTION PLANNING Senior Civil Engineer $195 Public Works Inspector $135 Community Development Technician $80.

Traffic Analyst Technician $110 Senior Public Works Inspector $145 Planning Technician $85 Associate Traffic Analyst $130 Supervising PW Inspector $150 Assistant Planner $120 Senior Traffic Analyst $150 SURVEY AND MAPPING Associate Planner $135 Professional Transportation Planner $165 Survey Analyst $135 Senior Planner $155 Traffic Engineer Technician $95 Senior Survey Analyst $145 Planning Manager $165 Associate Traffic Engineer $145 2-Man Survey Crew $310 ADMINISTRATIVE STAFF Traffic Engineer $165 Survey&Mapping Specialist $175 Administrative/Clerical $65 ,
Senior Traffic Engineer $185 Licensed Land Surveyor $190 Project Accountant $80 i
Project Manager $170 FUNDING & GRANT WRITING
Senior Project Manager $1.85 Funds Analyst $130
Deputy City Engineer $160 Senior Funds Analyst $140 City Engineer $175 Graphic&Rendering Designer $125 Principal Engineer $195 Grant Writer $155 Funds&Grant Project Manager $175
The rates are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers("CPI-U")for the preceding twelve-month period as calculated for February by the U.S.Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

FEE PROPOSAL Pa jqe 282 of 4 5

FOR PROFESSIONAL ENGINEERING PLAN CHECK AND STAFF AUGMENTATION

FEE 1
Following are Fee Rates for 4 Staff Classifications listed in City's RFQ:
a. Permit Technician $85
b. Assistant Engineer $120
c. Associate Engineer $145
d.Senior Engineer $195
Following is Transtech's Fee Schedule for all Staff Classifications:

TRANSTECH ENGINEERS, INC.

SCHEDULE OF HOURLY RATES
Effective through June 30, 2022
ENGINEERING CONSTRUCTION BUILDING & SAFETY

MANAGEMENT
Field Technician $80 Labor Compliance Analyst $135 Permit Technician $85 Engineering Technician $95 Funds Coordinator $140 Plan Check Technician $90 Assistant CAD Drafter $115 Utility Coordinator $150 Building Inspector $110 Senior CAD Drafter $135 Office Engineer $135 Senior Inspector $125 Associate Designer $140 Construction Inspector $135 Plans Examiner/Checker $135 Senior Designer $150 Senior Construction Inspector $145 Plan Check Engineer $150 Design Project Manager $185 Construction Manager $185 Deputy Building Official $150 Assistant Engineer $120 Resident Engineer $185 Building Official $160 Staff/Associate Civil Engineer $145 PUBLIC WORKS INSPECTION PLANNING Senior Civil Engineer $195 Public Works Inspector $135 Community Development Technician Q80 Traffic Analyst Technician $110 Senior Public Works Inspector $145 Planning Technician $85 Associate Traffic Analyst $130 Supervising PW Inspeclor $150 Assistant Planner $120 Senior Traffic Analyst $150 SURVEY AND MAPPING Associate Planner $135 Professional Transportation Planner $165 Survey Analyst $135 Senior Planner $155 Traffic Engineer Technician $95 Senior Survey Analyst $145 Plannina Manager $165 Associate Traffic Engineer $145 2-Man Survey Crew $310 ADMINISTRATIVE STAFF Traffic Engineer $165 Survey&Mapping Specialist $175 Administrative/Clerical $65 Senior Traffic Engineer $185 Licensed Land Surveyor $190 Project Accountant $80 Project Manager $170 FUNDING & GRANT WRITING
Senior Project Manager $185 Funds Analyst $130
Deputy City Engineer $160 Senior Funds Analyst $140 City Engineer $175 Graphic&Rendering Designer $125 Principal Engineer $195 Grant Writer $155 Funds&Grant Project Manager $175
The rates are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers("CPI-U")for the preceding twelve-month period as calculated for February by the U.S.Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

I",3
r
FEE PROPOSAL P aae 283Tira
FOR PROFESSIONAL ENGINEERING PLAN CHECK AND STAFF AUGMENTATfSI�

4 or UN
`tCALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
Ogt�� 4Q"
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):

X 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):

X 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. 05/13/2026
Date Signature of authoriz d individual
Transtech Engineers, Inc.

Company/Applicant Name
(Levine Act definitions on reverse side)

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

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

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

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

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

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

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

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

���4°F °p`q� CITY
.�, 1. ]��/�: J/L//1 y �/'� "The City of Gracious Living" clliriiVO� f�Z v�/ �`C`/
DATE: August 10,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR

DIANE COTTO,HOUSING MANAGER
SUBJECT: CONSIDER APPROVING THE WEED ABATEMENT SPECIAL ASSESMENT LIST AND

AUTHORIZE THE ASSESSMENTS TO BE PLACED ON THE PROPERTY TAX ROLLS RECOMMENDED ACTION:

It is recommended that the City Council approve the 2026 Weed Abatement Program Special Assessment List and authorize staff to submit the assessments to the San Bernardino County Tax Auditor-Controller/Tax Collector for placement on the affected property's tax rolls.

GOAL STATEMENT
The proposed action supports the City's goal to promote and enhance the quality of life in Upland by removing public nuisances with the potential of jeopardizing the health and safety of the community from private and public properties.

BACKGROUND
On January 26, 2026, the City Council adopted Resolution No. 6864 declaring unmaintained weeds, grasses, and vegetation and dead or dying and combustible debris a public nuisance, as well as a fire hazard and dangerous to persons and properties within the City. This program is intended to protect the health, safety, and welfare of the community by minimizing public nuisances and to minimize fire hazards. Since initiation of the 2026 Weed Abatement season,over the past seven(7)months staff inspected over 22,000 parcels.

On July 27,2026,the City Council approved the Weed Abatement Compliance Report authorized staff to abate one property identified as a public nuisance.Prior to the City Council meeting,nine of 10 property owners had voluntarily brought their properties into compliance.The remaining property complied by the August 1 deadline,eliminating the need for City-initiated abatement

ISSUES AND ANALYSIS
For the Weed Abatement Inspection Program, a total of seven(7)properties were identified for having outstanding fees,fines or in need of abatement totaling$1,390.00.More specifically, • 6 properties—Unpaid Notices to Comply($160.00 fine/Total: $960.00) • 1 property—Unpaid Notice to Abate($430.00 fine/Total: $430.00) Attached to this staff report is a list of the above-mentioned properties having unresolved fees or fines. Staff are required to receive City Council approval to forward the Assessment List to the San Bernardino County Tax Auditor- Controller/Tax Collector prior to their August deadline. Once approved,a special assessment will be placed on these properties tax bill which will require the property owner to pay these costs at the time their property taxes are due.

ENVIRONMENTAL DETERMINATION
Implementation of the Weed Abatement Program is not subject to the California Environmental Quality Act(CEQA) pursuant to Section 15378 of the CEQA Guidelines. The proposed action is not considered a"project"under CEQA because administrative activities of an agency that will not result in direct or indirect physical changes in the environment are exempt.

FISCAL IMPACTS
Any fees collected by the Weed Abatement Program will be returned to the Program to partially offset administrative costs.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

2026 WEED ABATEMENT PROGRAM - SPECIAL ASSESSMENT LIST
LOCATION APN NOTICE TO NOTICE TOTAL
COMPY TO
ABATE
1 959 N Central Avenue 100705127 $160.00 $160.00 2 8475 Loma Place 100728201 $160.00 $160.00 3 649 West Vernon 104634102 $430.00 $430.00 4 100 North 6th Avenue 104656201 $160.00 $160.00 5 1942 Coolcrest Way 100512109 $160.00 $160.00 6 85 North Grove Street 104650160 $160.00 $160.00 7 312 South 2nd Avenue 104707313 $160.00 $160.00 $960.00 $430.00 $1,390.00

4c,°v °p`qt CITFUP LAND
oid "The City of Gracious Living"
DATE: August 10,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR

LORALEE FARRIS,PLANNING MANAGER
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 17.37 OF UPLAND

MUNICIPAL CODE TO ADD AN ADU BONUS PROGRAM
RECOMMENDED ACTION:

It is recommended that the City Council conduct a public hearing and: 1)Hold first reading by title only,waive further reading and introduce an Ordinance (Attachment A) approving Zoning Code Amendment No. 25-0007, amending Upland Municipal Code Chapter 17.37 regarding Accessory Dwelling Units(ADUs)and Junior Accessory Dwelling Units (JADUs)to implement an ADU Bonus Program; and 2)Determine that the project is statutorily exempt from the California Environmental Quality Act(CEQA)pursuant to California Public Resources Code Section 21080.17.

GOAL STATEMENT
The proposed action supports the City's goals of maintaining compliance with state law,as well as providing housing opportunities through a range of housing types,densities,and unit sizes that meet the needs of residents at all income levels. The proposed action implements the City's Housing Element and helps the City meet its identified Regional Housing Needs Allocation(RHNA).

BACKGROUND
The City of Upland adopted the 6th Cycle Housing Element on October 24,2022,and after several subsequent reviews and comments by the State Depat Intent of Housing and Community Development (HCD), it was readopted on September 23,2024.The Housing Element was found in substantial compliance by HCD on December 11,2025.The Housing Element includes 24 programs to address the City's housing needs for the 2021-2029 planning period. The proposed Bonus ADU Ordinance implements Program 23 in the City's Housing Element, which consists of the creation of a Bonus ADU Program that goes beyond State law and allows one additional deed-restricted affordable ADU on qualifying lots.

The development of the Bonus ADU Program was funded by a grant from the Southern California Association of Governments Subregional Partnership Program(SRP)2.0.The SRP 2.0 focuses on implementing Housing Elements as a means for investing in early actions to accelerate infill development,thus facilitating housing supply,choice,and affordability;affirmatively further fair housing;and reduce vehicle miles traveled across the region.

On April 22, 2026, the draft ordinance was presented to the Planning Commission as a workshop for review and feedback and public comments.No changes were necessary based on questions and responses at the meeting.On June 17,2026,the Planning Commission held a public hearing on the ordinance, accepted oral and written testimony and unanimously voted to adopt Resolution No. 5049 recommending approval to the City Council on Zoning Code Amendment No.25-0007.

ISSUES AND ANALYSIS
The creation of a Bonus ADU Program would allow one additional deed-restricted affordable ADU beyond those allowed by State law on qualifying lots.Qualifying lots are those that are larger than 15,000 square feet containing an existing single-family home in the Residential Single-Family Low - 10,000 square foot minimum (RS-10) zoning district,Residential Single-Family Low-15,000 square foot minimum(RS-15)zoning district,and Residential Single- Family Low,20,000 square foot minimum(RS-20)zones.The RS-10,RS-15 and RS-20 zones implement the City's Single-Family Residential-Low (SFR-L) General Plan designation. The Bonus ADUs must be deed restricted as affordable to lower-income households for a period of 10 years.The program will be applicable to an estimated 1,940 lots within the City's boundary. Exhibit D provides a map of the lots over 15,000 square feet that are eligible for a bonus ADU.

All other existing standards applicable to ADUs and JADUs provided in UMC Section 17.37 are also applicable to the bonus ADUs.The Bonus ADUs will be permitted through the City's existing ADU permit processing procedures.

Bonus ADUs are subject to additional standards,including the following:
• The bonus ADU must be located in the rear yard or behind the front plane of the primary dwelling. • There shall be a minimum separation of 7 feet between the primary dwelling and a proposed bonus ADU. • Bonus ADUs are limited to a maximum size of 800 square feet. • An off-street parking space must be provided.
• Bonus ADUs may be attached to an existing or proposed detached ADU.

ENVIRONMENTAL DETERMINATION
The project has been assessed in accordance with the criteria contained in the California Environmental Quality Act (CEQA)and the State CEQA Guidelines and determined to be statutorily exempt pursuant to Section 21080.17 of the CEQA Guidelines,which exempts ADU and JADU ordinances.

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

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Determine to be Exempt.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND AMENDING CHAPTER 17.37 OF THE UPLAND

MUNICIPAL CODE RELATING TO ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING

UNITS TO ESTABLISH A BONUS ADU PROGRAM AND

FINDING THE ACTION TO BE STATUTORILY EXEMPT

FROM CEQA UNDER PUBLIC RESOURCES CODE
§ 21080.17
WHEREAS, the City of Upland, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"); and
WHEREAS, on October 24, 2022, the City Council adopted the City's 6th Cycle Housing Element, and on September 23, 2024, readopted the Housing Element following revisions. The Housing Element is a state-mandated component of the City's General Plan that identifies existing and projected housing needs and establishes policies and programs to facilitate the development of housing for all income levels in accordance with state law; and
WHEREAS, on December 11, 2025 the California Department of Housing and Community Development found the City's adopted 6th Cycle Housing Element to be in substantial compliance with state law; and
WHEREAS, the Housing Element includes 24 programs that address the City's housing needs for the 2021-2029 planning period and the adoption of a Bonus ADU Program implements Program 23 of the Housing Element; and WHEREAS, the development of the Bonus ADU Program ordinance is funded by the Southern California Association of Governments Subregional Partnership Program (SRP) 2.0; and
WHEREAS, on June 17, 2026 at 6:30 p.m., the Planning Commission held a duly- noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance (Zoning Code Amendment No. 25- 0007). Following the public hearing, the Planning Commission adopted Resolution No. 5049 recommending that the City Council adopt an Ordinance amending Chapter 17.37 of the City of Upland Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units to create a Bonus ADU Program; and WHEREAS, a notice of a public hearing on said application has been given in the manner and for the time required by law; and
WHEREAS, on August 10, 2026 the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports

Ordinance No.

prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City's Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

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

SECTION 1. Incorporation. The above recitals are true and correct and are hereby incorporated herein by this reference and adopted as findings by the City Council.

SECTION 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act ("CEQA") does not apply to the adoption of an ordinance by a city or county implementing the provisions of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California's ADU law. Therefore, adoption of the Ordinance is statutorily exempt from CEQA.

SECTION 3. Findings. The Planning Commission hereby makes the following findings and determinations in connection with the recommendation for approval of the Project:

1. Finding: The proposed Ordinance does not conflict with any community or specific plan and is consistent with the following General Plan policies and programs:

Evidence: The proposed Ordinance does not conflict with any community or specific plan and is consistent with the following General Plan policies and programs:
a. Land Use Policy LU-1.5 and Housing Element Policy HE-2.2: Provide high-quality housing in a range of types, densities, and unit sizes that meets the housing needs of residents of all income levels.

Fact: The proposed Ordinance is consistent with policies in the Land Use and Housing Elements that provide high-quality housing in a range of types, by allowing additional opportunity for deed-restricted ADUs and JADUs that are consistent with State law while also encouraging a housing type that meets the needs of residents of all income levels. b. Housing Element — Program 23 — Housing Mobility includes the development of a Bonus ADU program on lots in the RS-10, RS-15, and RS-20 zones that are larger than 15,000 square feet and have a single- family home.

Fact: The proposed Ordinance meets the objective under Program 23 of the Housing Element, as it specifically implements the identified Bonus ADU program as outlined in the Housing Element Program 23.

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2. Finding: The proposed amendment will not be detrimental to the public interest, health, safety, or welfare of the City.

Evidence: The proposed Ordinance is in the interest of public interest, health, safety, and welfare of the City for several reasons, and will not be detrimental.

The City has an interest, as emphasized in the General Plan, in ensuring consistency of its ordinances with State law, and the amendments incorporated contain changes adopted into the California Government Code, effective as of January 1, 2026, as well as implementing the programs with the City's adopted Housing Element.

3. Finding: The proposed amendment is internally consistent with other applicable provisions of the Zoning Ordinance.

Evidence: The proposed amendment does not conflict with any other sections of the Zoning Ordinance.

SECTION 4. Code Amendment. Chapter 17.37 of the Upland Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit "A" attached hereto and incorporated herein by reference.

SECTION 5. Effective Date. This Ordinance takes effect 30 days after its adoption.

SECTION 6. HCD Submittal. In accordance with Government Code sections 66326 and 66333.5, the Development Services Director is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after 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.

SECTION 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 460 N.

Euclid Avenue, Upland, CA 91786.

SECTION 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

Ordinance No.

PASSED, APPROVED, AND ADOPTED this day of , 2026 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 10th of August, 2026, and was adopted at a regular meeting of the City Council of the City of Upland on the of , 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Ordinance No.

EXHIBIT A
Amended ADU Regulations
(follows this page)

Ordinance No.

Title 17. Zoning Ordinance
Part 4. Special Land Use Regulations
Chapter 17.37. ACCESSORY DWELLING UNITS
§ 17.37.010. Purpose.

The purpose of this chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
§ 17.37.020. Effect of Conforming.

An ADU or JADU that conforms to the standards in this chapter will not be:

A. Deemed to be inconsistent with the City's General Plan and zoning designation for the lot or property on which the ADU or JADU is located.

B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

C. Considered in the application of any local ordinance, policy, or program to limit residential growth.

D. Required to correct a nonconforming zoning condition, as defined in Section

17.37.030 below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.
§ 17.37.030. Definitions.

As used in this chapter, the following terms are defined as follows:
"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

Ordinance No.

"Director" means the Development Services Director or designee. "Efficiency kitchen" means a kitchen that includes all of the following:

1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
"Existing structure" means an existing single-family dwelling, multifamily dwelling, or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the City, and other applicable law. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

1. It is no more than 500 square feet of interior livable space in size;

2. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure;

3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;

4. If the unit does not include its own separate bathroom, then it shall contain an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and

5. It includes an efficiency kitchen, as defined in this section. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
"Primary dwelling" means the existing or proposed single-family or multifamily dwelling(s) on the lot where an ADU would be located.
"Proposed dwelling" means a dwelling that is the subject of a building permit application and that meets the requirements for permitting.
"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

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§ 17.37.040. Approvals.

The following approvals apply to ADUs and JADUs under this chapter:

A. Ministerial ADU and Building Permits Required. Every ADU or JADU requires an ADU permit and a building permit. The city will review and approve permit applications in accordance with Section 17.37.040(C) below.

B. Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the Director of Development Services and approved by the City Council by resolution.

C. Process and Timing.

1. Completeness.
a. Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city received the application submittal.
b. Incomplete items. If the city's determination under Section

17.37.040(C)(1)(a), above, is that the application is incomplete, the city's notice must list the incomplete items and describe how the application can be made complete.
c. Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.
d. Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.
e. Deemed complete. If the city does not make a timely determination as required by this subsection (C)(1), the application or resubmitted application is deemed complete for the purposes of Section

17.37.040(C)(1)(3) below.
f. Appeal of incompleteness. An applicant may appeal the city's determination that the application is incomplete by submitting a written appeal to the Development Service Department. The Planning Commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

2. No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.

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3. Deadline to approve or deny ministerial approvals. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a complete application. If the city has not approved or denied the complete application within 60 days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
b. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

4. Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by Section 17.37.040(C)(3) above.

5. Appeal of denial. An applicant may appeal the city's denial of the application by submitting a written appeal to the Development Services Department. The Planning Commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

6. Concurrent review of demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
§ 17.37.050. Classes.

A. Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code Section 66323. If an ADU or JADU complies with each of the general requirements in Section 17.37.060 below, it is allowed in each of the scenarios provided in this Section 17.37.050(A). An ADU and JADU approved under Section 17.37.050(A)(1) may be combined with an ADU approved under Section 17.37.050(A)(2), and ADUs approved under Section 17.37.050(A)(3) may be combined with ADUs approved under Section 17.37.050(A)(4).

1. Converted on Single-Family Lot. One ADU as described in subsection (A)(1) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU orJADU:
a. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an

Ordinance No.

ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
b. Has exterior access that is independent of that for the single-family dwelling; and
c. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and
d. The JADU complies with the requirements of Government Code Sections 66333 through 66339.

2. Limited Detached on Single-Family Lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies the following limitations:
a. The side-and rear-yard setbacks are at least four feet. b. The total floor area is 800 square feet of livable space or smaller. c. The peak height above grade does not exceed the applicable height limit in Section 17.37.060(B) below.

3. Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with State building standards for dwellings. Under this subsection (A)(3), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

4. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies the following:
a. The side-and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
b. The peak height above grade does not exceed the applicable height limit provided in Section 17.37.060(B) below.
c. If the lot has an existing multifamily dwelling, the quantity of detached ADUs shall not exceed the number of multifamily dwelling units on the lot.

B. Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code Sections 66314-66322. Except for Class 1 ADUs approved under Section

17.37.050(A) above, all ADUs are subject to the standards set forth in Sections

17.37.060 and 17.37.070 below.

Ordinance No.

§ 17.37.060. General Requirements.

The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:

A. Zoning.

1. A Class 1 ADU approved under Section 17.37.050(A) above may be created on a lot in a residential or mixed-use zone.

2. A Class 2 ADU approved under Section 17.37.050(B) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

3. In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

B. Height.

1. Except as otherwise provided by subsections (B)(2) and (B)(3) below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.

2. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

4. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (B)(4) may not exceed two stories.

5. For purposes of this subsection B, height is measured above existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

C. Fire Sprinklers.

1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2. The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the primary dwelling.

D. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

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E. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

F. Septic System. If the ADU or JADU will connect to an onsite wastewater- treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

G. Owner Occupancy.

1. ADUs. ADUs are not subject to an owner-occupancy requirement.

2. JADUs.
a. Generally. As required by state law, JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or the JADU, as the person's legal domicile and permanent residence.
b. Exceptions. The owner-occupancy requirement in this Section

17.37.060(G)(2) does not apply in either of the following situations:
i. The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure). ii. The property is entirely owned by another government agency, land trust, or housing organization.

H. Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Development Services Department.

The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:

1. The JADU may not be sold separately from the primary dwelling.

2. The JADU is restricted to the approved size and to other attributes allowed by this section.

3. The deed restriction runs with the land and may be enforced against future property owners.

4. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request to the Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the JADU is not entirely

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physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

5. The deed restriction is enforceable by the Director or their designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

I. Building and Safety.

1. Must Comply with Building Code. Subject to subsection (1)(2) below, all ADUs and JADUs must comply with all local building code requirements.

2. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the Building Official or Code Enforcement officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (1)(2) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

J. Certificate of Occupancy Timing.

1. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit.

2. Limited Exception for State-declared Emergencies. Notwithstanding subsection (J)(1) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
a. The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.
b. The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor's state of emergency proclamation. c. The ADU has been issued construction permits and has passed all required inspections.
d. The ADU is not attached to the primary dwelling.
§ 17.37.070. Specific ADU Requirements.

The following requirements apply only to Class 2 ADUs approved under Section

17.37.050(B) above. This section does not apply to Class 1 ADUs or JADUs approved under Section 17.27.050(A) above.

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A. Maximum Size.

1. The maximum size of a detached or attached ADU subject to this section is 850 square feet of interior livable space for a studio or one-bedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.

2. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

3. Application of other development standards in this section, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (A)(2) above or of an FAR, front setback, building separation, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.

B. Setbacks.

1. ADUs that are subject to this section must conform to a minimum 4-foot side yard and rear yard setbacks. ADUs that are subject to this section must also conform to a minimum 25-foot front-yard setback, subject to subsection (A)(3) above.

2. The setback on the street side of a corner lot must be a minimum of 15 feet, subject to subsection (A)(3) above.

3. All corner lots shall provide and maintain a clear vision triangle at the intersection of streets' right-of-way for the purpose of traffic safety.

4. No setback is required for an ADU that is subject to this section if the ADU is constructed in the same location and to the same dimensions as an existing structure.

C. Building Separation.

1. There shall be a minimum separation of 7 feet between the primary dwelling(s) and a proposed detached ADU, subject to subsection (A)(3).

2. The minimum distance between a proposed detached ADU and one or more accessory buildings shall be 6 feet.

3. If an ADU is constructed in the same location and to the same dimensions as an existing structure, the existing building separation may be maintained.

4. Building separation requirements shall also comply with applicable City building and fire code requirements.

D. Lot Coverage.

1. No ADU subject to this section that is located in the RS-15 or RS-20 zone shall cause the total lot coverage of the lot to exceed 35 percent, subject to subsection (A)(3) above.

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2. No ADU subject to this section that is located in the RS-10 zone shall cause the total lot coverage of the lot to exceed 40 percent, subject to subsection (A)(3).

3. No ADU subject to this section that is located in the RS-7.5 zone shall cause the total lot coverage of the lot to exceed 45 percent, subject to subsection (A)(3).

4. No ADU subject to this section that is located in the RS-4 zone shall cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (A)(3).

5. No ADU subject to this section that is located in the B/R-MU zone shall cause the total lot coverage of the lot to exceed 45 percent, subject to subsection (A)(3).

E. Minimum Outdoor Living Space. No ADU subject to this section that is located in the RM-10, RM- 20 or RM-30 zone may cause the private and common outdoor living space of the lot to fall below the following requirements, subject to subsection (A)(3):

1. Private Outdoor Living Space. Private open space shall be provided at a ratio of 100 square feet per dwelling unit, with a minimum dimension of eight feet on any side and a configuration that would accommodate a rectangle of at least 100 square feet.

2. Common Outdoor Living Space. Common open space shall be provided at a ratio of 250 square feet per dwelling unit. Common open space shall be at least 25 feet clear on any side.
a. Portions of setbacks (excluding the front yard setback) that are contiguous with and an integral part of, the outdoor living space may be included in calculating the area and minimum dimensions of such space. Driveways and parking areas shall not be included in calculations of outdoor living space.
b. The review authority may permit the common open space to be decreased or eliminated as long as there is an equal increase in private open space or open space on site for public use that results in the same total open space square footage as otherwise required.

F. Passageway. No passageway, as defined by Section 17.37.030, is required for an ADU.

G. Parking.

1. Generally. One off-street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by Section 17.37.030 (Definitions) above.

2. Exceptions. No parking under subsection (F)(1) is required in the following situations:

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a. The ADU is located within one-half mile walking distance of public transit, as defined in Section 17.37.030 (Definitions) above.
b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is part of the proposed or existing primary residence or an accessory structure.
d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is an established car share vehicle stop located within one block of the ADU.
f. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (F)(2)(a) though (e) above.

3. No Replacement. When a garage, carport, or covered parking structure, or uncovered space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

H. Architectural and Design Requirements.

1. Roof.
a. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
b. All eave and gable overhangs must be at least 12 inches, unless designed to match the primary unit.

2. Design.
a. The materials, textures, and colors of the exterior walls, roof, and windows and doors of the ADU must match the appearance and architectural design of those of the primary dwelling.
b. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. c. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing or walls with a minimum height of five feet, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

3. Building Entrance. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

4. Parking Space Dimensions.

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a. Each unenclosed parking space must be at least nine feet wide by 19 feet deep.
b. Each parking space that is provided within an enclosed garage must be at least 10 feet wide by 20 feet deep.

5. Balconies and Roof Decks.
a. Balconies are prohibited on an attached ADU.
b. Roof decks are prohibited on attached and detached ADUs, and accessory structures and garages converted to an ADU.

6. Lighting. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

I. Landscape Requirements.

1. When required, plant specimens intended to provide screening must be a species capable of growing to and being maintained at a height of six feet. As an alternative, a solid fence or wall six feet in height may be installed.

2. All new landscaping must be drought-tolerant.

J. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

K. Allowed Stories. No ADU subject to this section may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under Section 17.37.060(B)(4).
§ 17.37.080. Fees.

The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under Section 17.37.050(A) and (B) above.

A. Impact Fees.

1. No impact fee is required for a JADU or for an ADU that is less than 750 square feet of interior livable space. For purposes of this subsection A, "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b))and a fee under the Quimby Act (Government Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

2. A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code section 17620.

3. Any impact fee that is required for an ADU that has 750 square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the ADU,

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divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).

B. Utility Fees.

1. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

2. Except as described in subsection (B)(1) of this section, JADUs and converted ADUs on a single-family lot that are created under Section 17.37.050(A)(1) are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.

3. Except as described in subsection (B)(1), all ADUs that are not covered by subsection (B)(2) shall require a new, separate utility connection directly between the ADU and the utility and for any utility that is provided by the City.

All utilities that are not provided by the City are subject to the connection and fee requirements of the utility provider.
a. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU, based on either the floor area or the number of drainage- fixture-units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. b. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
§ 17.37.090. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

A. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

B. Unpermitted ADUs and JADUs constructed Before 2020.

1. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1 , 2020, if denial is based on either of the following grounds:
a. The ADU or JADU violates applicable building standards, or b. The ADU or JADU does not comply with the State ADU or JADU law or this ADU ordinance (Chapter 17.37).

2. Exceptions.

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a. Notwithstanding subsection (B)(1) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.
b. Subsection (B)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.
§ 17.37.100. Nonconforming ADUs and Discretionary Approval.

Any proposed ADU or JADU that does not conform to the objective standards set forth in Sections

17.37.010 to 17.37.080 of this chapter may be allowed by the City with a conditional use permit, in accordance with Section 17.44.040 (Conditional Use Permits). § 17.37.110. Bonus ADU Program
The purpose of this section is to implement and regulate the City's bonus ADU program to incentivize the construction of more affordable housing units where they can be accommodated and integrated into existing residential neighborhoods with minimal changes and impacts.

A. Applicability.

1. Unless otherwise stated, all provisions and requirements in 17.37 regulating ADUs and JADUs apply to bonus ADUs.

2. Bonus ADUs and JADUs must comply with all standards and requirements of Class 2 ADUs except for those specifically stated in Section 17.37.110.

B. Eligibility. The bonus ADU program is applicable only to lots:

1. In a RS-10, RS-15, or RS-20 zone;

2. Greater than 15,000 square feet in area; and

3. That contain a single-family structure.

C. Program Overview.

1. Lots that meet the eligibility requirements are allowed to have one bonus ADU or one bonus JADU in addition to the otherwise permissible JADU and ADUs on the property.

2. A Bonus ADU may be an attached ADU, detached ADU, or JADU.

3. A Bonus ADU may be attached to another ADU.

4. Deed Restriction. Prior to issuance of a certificate of occupancy for a bonus ADU or bonus JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the

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Development Services Department. The deed restriction must run with the land and bind all future owners for a period of no less than 10 years. The bonus ADU or JADU must be made affordable to lower income households for a period of no less than 10 years at a rent that does not exceed 80% of the Area Median Income (AMI).

5. Deed Restriction Enforcement. The deed restriction is enforceable by the Director or their designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it by law or equity, including, but not limited to, obtaining an injunction enjoining the use of the bonus ADU or bonus JADU in violation of the recorded restrictions or removal of the unit.

D. Special Standards.

1. Location. The bonus ADU must be located in the rear yard or behind the front plane of the primary dwelling.

2. Building Separation.
a. There shall be a minimum separation of 7 feet between the primary dwelling and a proposed bonus ADU.
b. The minimum distance between a proposed detached ADU and one or more accessory buildings shall be 6 feet, except when a bonus ADU is attached to another detached ADU.

3. Parking. A minimum of one off-street parking space shall be provided for the bonus ADU or bonus JADU.

4. Maximum Lot Coverage.
a. No bonus ADU or JADU that is located in the RS-15 or RS-20 zone shall cause the total lot coverage of the lot to exceed 35 percent. b. No bonus ADU or JADU that is located in the RS-10 zone shall cause the total lot coverage of the lot to exceed 40 percent.
c. The maximum lot coverage standard may be waived upon determination of the Development Services Director.

5. Maximum Size. Bonus ADUs are limited to a maximum size of 800 square feet. Bonus JADUs are limited to a maximum size of 500 square feet.

6. No Separate Conveyance. No bonus ADU or JADU may be sold or otherwise conveyed separately from the primary dwelling.

Title 17. Zoning Ordinance
Part 4. Special Land Use Regulations
Chapter 17.37. ACCESSORY DWELLING UNITS
§ 17.37.010. Purpose.

The purpose of this chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
§ 17.37.020. Effect of Conforming.

An ADU or JADU that conforms to the standards in this chapter will not be:

A. Deemed to be inconsistent with the City's General Plan and zoning designation for the lot or property on which the ADU or JADU is located.

B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

C. Considered in the application of any local ordinance, policy, or program to limit residential growth.

D. Required to correct a nonconforming zoning condition, as defined in Section 17.37.030 below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12. § 17.37.030. Definitions.

As used in this chapter, the following terms are defined as follows:
"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
"Director" means the Development Services Director or designee. "Efficiency kitchen" means a kitchen that includes all of the following:

1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

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"Existing structure" means an existing single-family dwelling, multifamily dwelling, or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the City, and other applicable law. "Junior accessory dwelling unit"or"JADU" means a residential unit that satisfies all of the following:

1. It is no more than 500 square feet of interior livable space in size;

2. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure;

3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;

4. If the unit does not include its own separate bathroom, then it shall contain an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and

5. It includes an efficiency kitchen, as defined in this section. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
"Primary dwelling" means the existing or proposed single-family or multifamily dwelling(s) on the lot where an ADU would be located.
"Proposed dwelling" means a dwelling that is the subject of a building permit application and that meets the requirements for permitting.
"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
§ 17.37.040. Approvals.

The following approvals apply to ADUs and JADUs under this chapter:

A. Ministerial ADU and Building Permits Required. Every ADU or JADU requires an ADU permit and a building permit. The city will review and approve permit applications in accordance with Section 17.37.040(C) below.

B. Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the Director of Development Services and approved by the City Council by resolution.

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C. Process and Timing.

1. Completeness.
a. Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city received the application submittal.
b. Incomplete items. If the city's determination under Section 17.37.040(C)(1)(a), above, is that the application is incomplete, the city's notice must list the incomplete items and describe how the application can be made complete. c. Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete. d. Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice. e. Deemed complete. If the city does not make a timely determination as required by this subsection (C)(1), the application or resubmitted application is deemed complete for the purposes of Section 17.37.040(C)(1)(3) below.
f. Appeal of incompleteness. An applicant may appeal the city's determination that the application is incomplete by submitting a written appeal to the Development Service Department. The Planning Commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

2. No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.

3. Deadline to approve or deny ministerial approvals. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a complete application. If the city has not approved or denied the complete application within 60 days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
b. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

4. Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant.

Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by Section 17.37.040(C)(3) above.

5. Appeal of denial. An applicant may appeal the city's denial of the application by submitting a written appeal to the Development Services Department. The Planning

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Commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

6. Concurrent review of demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
§ 17.37.050. Classes.

A. Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code Section 66323. If an ADU or JADU complies with each of the general requirements in Section 17.37.060 below, it is allowed in each of the scenarios provided in this Section

17.37.050(A).An ADU and JADU approved under Section 17.37.050(A)(1)may be combined with an ADU approved under Section 17.37.050(A)(2), and ADUs approved under Section

17.37.050(A)(3) may be combined with ADUs approved under Section 17.37.050(A)(4).

1. Converted on Single-Family Lot. One ADU as described in subsection (A)(1) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
a. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or(in the case of an ADU only)within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and b. Has exterior access that is independent of that for the single-family dwelling; and c. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and
d. The JADU complies with the requirements of Government Code Sections 66333 through 66339.

2. Limited Detached on Single-Family Lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies the following limitations:
a. The side-and rear-yard setbacks are at least four feet. b. The total floor area is 800 square feet of livable space or smaller. c. The peak height above grade does not exceed the applicable height limit in Section

17.37.060(B) below.

3. Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with State building standards for dwellings. Under this subsection (A)(3), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

4. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies the following:

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a. The side-and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU. b. The peak height above grade does not exceed the applicable height limit provided in Section 17.37.060(B) below.
c. If the lot has an existing multifamily dwelling, the quantity of detached ADUs shall not exceed the number of multifamily dwelling units on the lot.

B. Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code Sections 66314-66322. Except for Class 1 ADUs approved under Section 17.37.050(A) above, all ADUs are subject to the standards set forth in Sections 17.37.060 and 17.37.070 below. § 17.37.060. General Requirements.

The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:

A. Zoning.

1. A Class 1 ADU approved under Section 17.37.050(A) above may be created on a lot in a residential or mixed-use zone.

2. A Class 2 ADU approved under Section 17.37.050(B)above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

3. In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

B. Height.

1. Except as otherwise provided by subsections (B)(2) and (B)(3) below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.

2. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

4. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing,ADUs subject to this subsection (B)(4) may not exceed two stories.

5. For purposes of this subsection B, height is measured above existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

C. Fire Sprinklers.

1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

Ordinance No.

2. The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the primary dwelling.

D. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

E. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

F. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

G. Owner Occupancy.

1. ADUs. ADUs are not subject to an owner-occupancy requirement.

2. JADUs.
a. Generally. As required by state law, JADUs are generally subject to an owner- occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or the JADU, as the person's legal domicile and permanent residence.
b. Exceptions. The owner-occupancy requirement in this Section 17.37.060(G)(2)does not apply in either of the following situations:
i. The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure). ii. The property is entirely owned by another government agency, land trust, or housing organization.

H. Deed Restriction. Prior to issuance of a certificate of occupancy fora JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Development Services Department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:

1. The JADU may not be sold separately from the primary dwelling.

2. The JADU is restricted to the approved size and to other attributes allowed by this section.

3. The deed restriction runs with the land and may be enforced against future property owners.

4. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request to the Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

Ordinance No.

5. The deed restriction is enforceable by the Director or their designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

I. Building and Safety.

1. Must Comply with Building Code. Subject to subsection (1)(2)below, all ADUs and JADUs must comply with all local building code requirements.

2. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the Building Official or Code Enforcement officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (1)(2) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

J. Certificate of Occupancy Timing.

1. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit.

2. Limited Exception for State-declared Emergencies. Notwithstanding subsection (J)(1) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
a. The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.
b. The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor's state of emergency proclamation.
c. The ADU has been issued construction permits and has passed all required inspections.
d. The ADU is not attached to the primary dwelling.
§ 17.37.070. Specific ADU Requirements.

The following requirements apply only to Class 2 ADUs approved under Section 17.37.050(B) above. This section does not apply to Class 1 ADUs or JADUs approved under Section

17.27.050(A) above.

A. Maximum Size.

1. The maximum size of a detached or attached ADU subject to this section is 850 square feet of interior livable space for a studio or one-bedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.

2. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

3. Application of other development standards in this section, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit

Ordinance No.

in subsection (A)(2) above or of an FAR, front setback, building separation, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.

B. Setbacks.

1. ADUs that are subject to this section must conform to a minimum 4-foot side yard and rear yard setbacks. ADUs that are subject to this section must also conform to a minimum 25-foot front-yard setback, subject to subsection (A)(3) above.

2. The setback on the street side of a corner lot must be a minimum of 15 feet, subject to subsection (A)(3) above.

3. All corner lots shall provide and maintain a clear vision triangle at the intersection of streets' right-of-way for the purpose of traffic safety.

4. No setback is required for an ADU that is subject to this section if the ADU is constructed in the same location and to the same dimensions as an existing structure.

C. Building Separation.

1. There shall be a minimum separation of 7 feet between the primary dwelling(s) and a proposed detached ADU, subject to subsection (A)(3).

2. The minimum distance between a proposed detached ADU and one or more accessory buildings shall be 6 feet.

3. If an ADU is constructed in the same location and to the same dimensions as an existing structure, the existing building separation may be maintained.

4. Building separation requirements shall also comply with applicable City building and fire code requirements.

D. Lot Coverage.

1. No ADU subject to this section that is located in the RS-15 or RS-20 zone shall cause the total lot coverage of the lot to exceed 35 percent, subject to subsection (A)(3) above.

2. No ADU subject to this section that is located in the RS-10 zone shall cause the total lot coverage of the lot to exceed 40 percent, subject to subsection (A)(3).

3. No ADU subject to this section that is located in the RS-7.5 zone shall cause the total lot coverage of the lot to exceed 45 percent, subject to subsection (A)(3).

4. No ADU subject to this section that is located in the RS-4 zone shall cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (A)(3).

5. No ADU subject to this section that is located in the B/R-MU zone shall cause the total lot coverage of the lot to exceed 45 percent, subject to subsection (A)(3).

E. Minimum Outdoor Living Space. No ADU subject to this section that is located in the RM-10, RM- 20 or RM-30 zone may cause the private and common outdoor living space of the lot to fall below the following requirements, subject to subsection (A)(3):

1. Private Outdoor Living Space. Private open space shall be provided at a ratio of 100 square feet per dwelling unit, with a minimum dimension of eight feet on any side and a configuration that would accommodate a rectangle of at least 100 square feet.

2. Common Outdoor Living Space. Common open space shall be provided at a ratio of 250 square feet per dwelling unit. Common open space shall be at least 25 feet clear on any side.

Ordinance No.

a. Portions of setbacks (excluding the front yard setback) that are contiguous with and an integral part of, the outdoor living space may be included in calculating the area and minimum dimensions of such space. Driveways and parking areas shall not be included in calculations of outdoor living space.
b. The review authority may permit the common open space to be decreased or eliminated as long as there is an equal increase in private open space or open space on site for public use that results in the same total open space square footage as otherwise required.

F. Passageway. No passageway, as defined by Section 17.37.030, is required for an ADU.

G. Parking.

1. Generally. One off-street parking space is required for each ADU or bedroom,whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by Section 17.37.030 (Definitions) above.

2. Exceptions. No parking under subsection (F)(1) is required in the following situations:
a. The ADU is located within one-half mile walking distance of public transit, as defined in Section 17.37.030 (Definitions) above.
b. The ADU is located within an architecturally and historically significant historic district. c. The ADU is part of the proposed or existing primary residence or an accessory structure.
d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is an established car share vehicle stop located within one block of the ADU.
f. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (F)(2)(a)though (e) above.

3. No Replacement. When a garage, carport, or covered parking structure, or uncovered space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

H. Architectural and Design Requirements.

1. Roof.
a. The roof slope must match that of the dominant roof slope of the primary dwelling.

The dominant roof slope is the slope shared by the largest portion of the roof. b. All eave and gable overhangs must be at least 12 inches, unless designed to match the primary unit.

2. Design.
a. The materials, textures, and colors of the exterior walls, roof, and windows and doors of the ADU must match the appearance and architectural design of those of the primary dwelling.
b. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.

Ordinance No.

c. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing or walls with a minimum height of five feet, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

3. Building Entrance. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

4. Parking Space Dimensions.
a. Each unenclosed parking space must be at least nine feet wide by 19 feet deep. b. Each parking space that is provided within an enclosed garage must be at least 10 feet wide by 20 feet deep.

5. Balconies and Roof Decks.
a. Balconies are prohibited on an attached ADU.
b. Roof decks are prohibited on attached and detached ADUs, and accessory structures and garages converted to an ADU.

6. Lighting. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

I. Landscape Requirements.

1. When required, plant specimens intended to provide screening must be a species capable of growing to and being maintained at a height of six feet. As an alternative, a solid fence or wall six feet in height may be installed.

2. All new landscaping must be drought-tolerant.

J. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

K. Allowed Stories. No ADU subject to this section may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under Section

17.37.060(B)(4).
§ 17.37.080. Fees.

The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under Section 17.37.050(A) and (B) above.

A. Impact Fees.

1. No impact fee is required for a JADU or for an ADU that is less than 750 square feet of interior livable space. For purposes of this subsection A, "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

2. A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code section 17620.

Ordinance No.

3. Any impact fee that is required for an ADU that has 750 square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).

B. Utility Fees.

1. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

2. Except as described in subsection (B)(1)of this section, JADUs and converted ADUs on a single-family lot that are created under Section 17.37.050(A)(1)are not required to have a new or separate utility connection directly between the JADU or ADU and the utility.

Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.

3. Except as described in subsection (B)(1), all ADUs that are not covered by subsection (B)(2) shall require a new, separate utility connection directly between the ADU and the utility and for any utility that is provided by the City. All utilities that are not provided by the City are subject to the connection and fee requirements of the utility provider. a. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU, based on either the floor area or the number of drainage-fixture-units(DFU)values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
b. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
§ 17.37.090. Nonconforming Zoning Code Conditions,
Building Code Violations, and Unpermitted Structures.

A. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

B. Unpermitted ADUs and JADUs constructed Before 2020.

1. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
a. The ADU or JADU violates applicable building standards, or b. The ADU or JADU does not comply with the State ADU or JADU law or this ADU ordinance (Chapter 17.37).

2. Exceptions.
a. Notwithstanding subsection (B)(1) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.

Ordinance No.

b. Subsection (B)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3. § 17.37.100. Nonconforming ADUs and Discretionary
Approval.

Any proposed ADU or JADU that does not conform to the objective standards set forth in Sections

17.37.010 to 17.37.080 of this chapter may be allowed by the City with a conditional use permit, in accordance with Section 17.44.040 (Conditional Use Permits). § 17.37.110. Bonus ADU Program
The purpose of this section is to implement and regulate the City's bonus ADU program to incentivize the construction of more affordable housing units where they can be accommodated and integrated into existing residential neighborhoods with minimal changes and impacts.

A. Applicability.

1. Unless otherwise stated, all provisions and requirements in 17.37 regulating ADUs and JADUs apply to bonus ADUs.

2. Bonus ADUs and JADUs must comply with all standards and requirements of Class 2 ADUs except for those specifically stated in Section 17.37.110.

B. Eligibility. The bonus ADU program is applicable only to lots:

1. In a RS-10, RS-15, or RS-20 zone;

2. Greater than 15,000 square feet in area; and

3. That contain a single-family structure.

C. Program Overview.

1. Lots that meet the eligibility requirements are allowed to have one bonus ADU or one bonus JADU in addition to the otherwise permissible JADU and ADUs on the property.

2. A Bonus ADU may be an attached ADU, detached ADU, or JADU.

3. A Bonus ADU may be attached to another ADU.

4. Deed Restriction. Prior to issuance of a certificate of occupancy for a bonus ADU or bonus JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Development Services Department. The deed restriction must run with the land and bind all future owners for a period of no less than 10 years. The bonus ADU or JADU must be made affordable to lower income households for a period of no less than 10 years at a rent that does not exceed 80% of the Area Median Income (AMI).

5. Deed Restriction Enforcement. The deed restriction is enforceable by the Director or their designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it by law or equity, including, but not limited to, obtaining an injunction enjoining the use of the bonus ADU or bonus JADU in violation of the recorded restrictions or removal of the unit.

Ordinance No.

D. Special Standards.

1. Location. The bonus ADU must be located in the rear yard or behind the front plane of the primary dwelling.

2. Building Separation.
a. There shall be a minimum separation of 7 feet between the primary dwelling and a proposed bonus ADU.
b. The minimum distance between a proposed detached ADU and one or more accessory buildings shall be 6 feet, except when a bonus ADU is attached to another detached ADU.

3. Parking. A minimum of one off-street parking space shall be provided for the bonus ADU or bonus JADU.

4. Maximum Lot Coverage.
a. No bonus ADU or JADU that is located in the RS-15 or RS-20 zone shall cause the total lot coverage of the lot to exceed 35 percent.
b. No bonus ADU or JADU that is located in the RS-10 zone shall cause the total lot coverage of the lot to exceed 40 percent.
c. The maximum lot coverage standard may be waived upon determination of the Development Services Director.

5. Maximum Size. Bonus ADUs are limited to a maximum size of 800 square feet. Bonus JADUs are limited to a maximum size of 500 square feet.

6. No Separate Conveyance. No bonus ADU or JADU may be sold or otherwise conveyed separately from the primary dwelling.

RESOLUTION NO, 5049

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF UPLAND, RECOMMENDING THAT THE CITY
COUNCIL APPROVE ZONING CODE AMENDMENT NO. 25-
0007, ADOPTING AN ORDINANCE AMENDING CHAPTER
17,37 OF THE UPLAND MUNICIPAL CODE RELATING TO

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS, CREATING A BONUS ADU PROGRAM,

AND FINDING THE ACTION TO BE STATUTORILY EXEMPT
FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17
Intent of the Parties and Findings
WHEREAS, the 6th Cycle Housing Element was adopted on October 24, 2022, readopted on September 23, 2024, and found in substantial compliance on December 11, 2025; and
WHEREAS, State law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"); and
WHEREAS, Program 23 in the City's Housing Element consists of adopting a bonus ADU and JADU program applicable to lots that are larger than 15,000 square feet with a single-family home in the RS-10, RS-15, and RS-20 zones; and WHEREAS, on April 22, 2026, the City of Upland Planning Commission held a public workshop at which time it received public testimony and feedback concerning the draft Ordinance and program contents; and
WHEREAS, Upland Municipal Code Section 17.43.020 (Table 17.43-1) identifies the decision-making authority as the City Council, with the Planning Commission being a recommendation body; and
WHEREAS, the City of Upland Planning Division on May 26, 2026, 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 Upland Municipal Code Section

17.46.020; and
WHEREAS, the City of Upland Planning Division on May 27, 2026, 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, on June 17, 2026, at 6:30 p.m., the City of Upland Planning Commission held a duly-noticed public hearing at which time it received public testimony concerning the Project, and considered the California Environmental Quality Act ("CEQA") determination for the proposed Ordinance; and

ZC-25-0007

WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF UPLAND DOES RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:

SECTION 1. Incorporation. The recitals above are true and correct and are each incorporated by reference and adopted as findings by the Planning Commission.

SECTION 2. CEQA. The Planning Commission recommends that the City Council find that, under California Public Resources Code Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California's ADU law. Therefore, adoption of the proposed Ordinance is statutorily exempt from CEQA in that it implements State ADU law.

SECTION 3. Findings. The Planning Commission hereby makes the following findings and determinations in connection with the recommendation for approval of the Project:

1. Finding: The proposed Ordinance does not conflict with any community or specific plan and is consistent with the following General Plan policies and programs:

Evidence: The proposed Ordinance does not conflict with any community or specific plan and is consistent with the following General Plan policies and programs:
a. Land Use Policy LU-1.5 and Housing Element Policy HE-2.2: Provide high-quality housing in a range of types, densities, and unit sizes that meets the housing needs of residents of all income levels.

Fact: The proposed Ordinance is consistent with policies in the Land Use and Housing Elements that provide high-quality housing in a range of types, by allowing additional opportunity for deed-restricted ADUs and JADUs that are consistent with State law while also encouraging a housing type that meets the needs of residents of all income levels. b. Housing Element Program 23 — Housing Mobility includes the development of a Bonus ADU program on lots in the RS-10, RS-15, and RS-20 zones that are larger than 15,000 square feet and have a single- family home.

Fact: The proposed Ordinance meets the objective under Program 23 of the Housing Element, as it specifically implements the identified Bonus ADU program as outlined in the Housing Element Program 23.

ZC-25-0007

2. Finding: The proposed amendment will not be detrimental to the public interest, health, safety, or welfare of the City.

Evidence: The proposed Ordinance is in the interest of public interest, health, safety, and welfare of the City for several reasons, and will not be detrimental. The City has an interest, as emphasized in the General Plan, in ensuring consistency of its ordinances with State law, and the amendments incorporated contain changes adopted into the California Government Code, effective as of January 1, 2026, as well as implementing the programs with the City's adopted Housing Element.

3. Finding: The proposed amendment is internally consistent with other applicable provisions of the Zoning Ordinance.

Evidence: The proposed amendment does not conflict with any other sections of the Zoning Ordinance.

SECTION 4. Recommendation. Given the foregoing and based on the entire record before the Planning Commission, the Planning Commission hereby recommends that the City Council adopt the Ordinance attached hereto as Exhibit «A„
SECTION 5. Effective Date. This Resolution takes effect immediately upon adoption.

SECTION 6. Certification; Records. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this Resolution, and shall cause this Resolution and its certification to be entered in the Book of Resolutions of the Planning Commission of the City.

PASSED, APPROVED and ADOPTED this 17th day of June, 2026.

John P. And ews, Chair

ZC-25-0007

ATTEST:
vi--49 j-------...-------------
Robe D. alquest, SECRETARY
I HEREBY CERTIFY that the foregoing Resolution was duly and regularly passed and adopted by the Planning Commission of the City of Upland at a special adjourned meeting thereof held on the 17th day of June, 2026, by the following vote:

AYES: Chair Andrews, Vice Chair Caldwell, Commissioners Aspinall, Borger, Johnson, Marroquin, and Staton
NAYS: none
ABSENT: none
ABSTAIN: none M19-kN ,_____---
Robert D. Dalquest, SECRETARY

ZC-25-0007

Exhibit A
Draft Ordinance: Title 17. Zoning Ordinance,
Part 4. Special Land Use Regulations, Chapter 17.37. Accessory Dwelling Units

ZC-25-0007

Title 17. Zoning Ordinance
Part 4. Special Land Use Regulations
Chapter 17.37. ACCESSORY DWELLING UNITS
§ 17.37.010. Purpose.

The purpose of this chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
§ 17.37.020. Effect of Conforming.

An ADU or.JADU that conforms to the standards in this chapter will not be:

A. Deemed to be inconsistent with the City's General Plan and zoning designation for the lot or property on which the ADU or JADU is located.

B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

C. Considered in the application of any local ordinance, policy, or program to limit residential growth.

D. Required to correct a nonconforming zoning condition, as defined in Section 17.37.030 below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12. § 17.37.030. Definitions.

As used in this chapter, the following terms are defined as follows:
"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
"Director" means the Development Services Director or designee. "Efficiency kitchen" means a kitchen that includes all of the following:

1. A cooking facility with appliances.

ZC-25-0007

2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
"Existing structure" means an existing single-family dwelling, multifamily dwelling, or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the City, and other applicable law. "Junior accessory dwelling unit"or"JADU" means a residential unit that satisfies all of the following:

1. It is no more than 500 square feet of interior livable space in size;

2. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure;

3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;
4, If the unit does not include its own separate bathroom, then it shall contain an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and

5. It includes an efficiency kitchen, as defined in this section. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
"Primary dwelling" means the existing or proposed single-family or multifamily dwelling(s)on the lot where an ADU would be located.
"Proposed dwelling" means a dwelling that is the subject of a building permit application and that meets the requirements for permitting.
"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

17.37.040. Approvals.
pprovals.

The following approvals apply to ADUs and JADUs under this chapter:

A. Ministerial ADU and Building Permits Required. Every ADU or JADU requires an ADU permit and a building permit. The city will review and approve permit applications in accordance with Section 17.37.040(C) below.

B. Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The

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ADU-permit processing fee is determined by the Director of Development Services and approved by the City Council by resolution.

C. Process and Timing.

1. Completeness.
a. Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city received the application submittal.
b. Incomplete items. If the city's determination under Section 17.37.040(C)(1)(a), above, is that the application is incomplete, the city's notice must list the incomplete items and describe how the application can be made complete. c. Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete. d. Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice. e. Deemed complete. If the city does not make a timely determination as required by this subsection(C)(1),the application or resubmitted application is deemed complete for the purposes of Section 17.37.040(C)(1)(3) below.
f. Appeal of incompleteness. An applicant may appeal the city's determination that the application is incomplete by submitting a written appeal to the Development Service Department. The Planning Commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

2. No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.

3. Deadline to approve or deny ministerial approvals. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a complete application. If the city has not approved or denied the complete application within 60 days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
b. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

4. Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant.

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Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by Section 17.37.040(C)(3)above.

5. Appeal of denial. An applicant may appeal the city's denial of the application by submitting a written appeal to the Development Services Department. The Planning Commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

6. Concurrent review of demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
§ 17.37.050. Classes.

A. Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code Section 66323. If an ADU or JADU complies with each of the general requirements in Section 17.37.060 below, it is allowed in each of the scenarios provided in this Section

17.37.050(A).An ADU and JADU approved under Section 17.37.050(A)(1)may be combined with an ADU approved under Section 17.37.050(A)(2), and ADUs approved under Section

17.37.050(A)(3) may be combined with ADUs approved under Section 17.37.050(A)(4).

1. Converted on Single-Family Lot. One ADU as described in subsection (A)(1) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
a. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or(in the case of an ADU only)within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and b. Has exterior access that is independent of that for the single-family dwelling; and c. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and
d. The JADU complies with the requirements of Government Code Sections 66333 through 66339.

2. Limited Detached on Single-Family Lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies the following limitations:
a. The side-and rear-yard setbacks are at least four feet. b. The total floor area is 800 square feet of livable space or smaller. c. The peak height above grade does not exceed the applicable height limit in Section

17.37.060(B) below.

3. Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with State building standards for dwellings. Under this subsection (A)(3), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

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4. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies the following:
a. The side-and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU. b. The peak height above grade does not exceed the applicable height limit provided in Section 17.37.060(B) below.
c. If the lot has an existing multifamily dwelling, the quantity of detached ADUs shall not exceed the number of multifamily dwelling units on the lot.

B. Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code Sections 66314-66322. Except for Class 1 ADUs approved under Section 17.37.050(A) above, all ADUs are subject to the standards set forth in Sections 17.37.060 and 17.37.070 below. § 17.37.060. General Requirements.

The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:

A. Zoning.

1. A Class 1 ADU approved under Section 17.37.050(A) above may be created on a lot in a residential or mixed-use zone.

2. A Class 2 ADU approved under Section 17.37.050(B) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

3. In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

B. Height.

1. Except as otherwise provided by subsections (B)(2) and (B)(3) below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.

2. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

4. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing,ADUs subject to this subsection(B)(4) may not exceed two stories.

5. For purposes of this subsection B, height is measured above existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

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C. Fire Sprinklers.

1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2. The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the primary dwelling.

D. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

E. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings(in the case of a multifamily lot).

F. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

G. Owner Occupancy.

1. ADUs.ADUs are not subject to an owner-occupancy requirement.

2. JADUs.
a. Generally. As required by state law, JADUs are generally subject to an owner- occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or the JADU, as the person's legal domicile and permanent residence.
b. Exceptions. The owner-occupancy requirement in this Section 17.37.060(G)(2) does not apply in either of the following situations:
i. The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure). ii. The property is entirely owned by another government agency, land trust, or housing organization.

H. Deed Restriction. Prior to issuance of a certificate of occupancy fora JADU,a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Development Services Department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:

1. The JADU may not be sold separately from the primary dwelling.

2. The JADU is restricted to the approved size and to other attributes allowed by this section.

3. The deed restriction runs with the land and may be enforced against future property owners.

4. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request to the Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of

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an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

5. The deed restriction is enforceable by the Director or their designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

I. Building and Safety.

1. Must Comply with Building Code. Subject to subsection(1)(2)below, all ADUs and JADUs must comply with all local building code requirements.

2. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the Building Official or Code Enforcement officer makes a written finding based on substantial evidence in the record that the construction of the AIJU could have a specific, adverse impact on public health and safety. Nothing in this subsection (1)(2) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

J. Certificate of Occupancy Timing.

1. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit.

2. Limited Exception for State-declared Emergencies. Notwithstanding subsection (J)(1) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
a. The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.
b. The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor's state of emergency proclamation.
c. The ADU has been issued construction permits and has passed ail required inspections.
d. The ADU is not attached to the primary dwelling.
§ 17.37.070. Specific ADU Requirements.

The following requirements apply only to Class 2 ADUs approved under Section 17.37.050(B) above. This section does not apply to Class 1 ADUs or JADUs approved under Section

17.27.050(A) above.

A. Maximum Size.

1. The maximum size of a detached or attached ADU subject to this section is 850 square feet of interior livable space for a studio or one-bedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.

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2. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling,

3. Application of other development standards in this section, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (A)(2) above or of an FAR, front setback, building separation, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.

B. Setbacks.

1. ADUs that are subject to this section must conform to a minimum 4-foot side yard and rear yard setbacks. ADUs that are subject to this section must also conform to a minimum 25-foot front-yard setback, subject to subsection (A)(3) above.

2. The setback on the street side of a corner lot must be a minimum of 15 feet, subject to subsection (A)(3) above.

3. All corner lots shall provide and maintain a clear vision triangle at the intersection of streets' right-of-way for the purpose of traffic safety.

4. No setback is required for an ADU that is subject to this section if the ADU is constructed in the same location and to the same dimensions as an existing structure.

C, Building Separation.

1. There shall be a minimum separation of 7 feet between the primary dwelling(s) and a proposed detached ADU, subject to subsection (A)(3).

2. The minimum distance between a proposed detached ADU and one or more accessory buildings shall be 6 feet.

3. If an ADU is constructed in the same location and to the same dimensions as an existing structure, the existing building separation may be maintained.

4. Building separation requirements shall also comply with applicable City building and fire code requirements.

D. Lot Coverage.

1. No ADU subject to this section that is located in the RS-15 or RS-20 zone shall cause the total lot coverage of the lot to exceed 35 percent, subject to subsection (A)(3) above.

2. No ADU subject to this section that is located in the RS-10 zone shall cause the total lot coverage of the lot to exceed 40 percent, subject to subsection (A)(3).

3. No ADU subject to this section that is located in the RS-7.5 zone shall cause the total lot coverage of the lot to exceed 45 percent, subject to subsection (A)(3).

4. No ADU subject to this section that is located in the RS-4 zone shall cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (A)(3).

5. No ADU subject to this section that is located in the B/R-MU zone shall cause the total lot coverage of the lot to exceed 45 percent, subject to subsection (A)(3).

E. Minimum Outdoor Living Space. No ADU subject to this section that is located in the RM-10, RM- 20 or RM-30 zone may cause the private and common outdoor living space of the lot to fall below the following requirements, subject to subsection (A)(3):

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1. Private Outdoor Living Space. Private open space shall be provided at a ratio of 100 square feet per dwelling unit, with a minimum dimension of eight feet on any side and a configuration that would accommodate a rectangle of at least 100 square feet.

2. Common Outdoor Living Space. Common open space shall be provided at a ratio of 250 square feet per dwelling unit. Common open space shall be at least 25 feet clear on any side.
a. Portions of setbacks (excluding the front yard setback)that are contiguous with and an integral part of, the outdoor living space may be included in calculating the area and minimum dimensions of such space. Driveways and parking areas shall not be included in calculations of outdoor living space.
b. The review authority may permit the common open space to be decreased or eliminated as long as there is an equal increase in private open space or open space on site for public use that results in the same total open space square footage as otherwise required.

F. Passageway. No passageway, as defined by Section 17.37.030, is required for an ADU.

G. Parking.

1. Generally. One off-street parking space is required for each ADU or bedroom,whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by Section 17.37.030 (Definitions) above.

2. Exceptions. No parking under subsection (F)(1) is required in the following situations:
a. The ADU is located within one-half mile walking distance of public transit, as defined in Section 17.37.030 (Definitions) above.
b. The ADU is located within an architecturally and historically significant historic district. c. The ADU is part of the proposed or existing primary residence or an accessory structure.
d. When on-street parking permits are required but not offered to the occupant of the 1 ADU.
e. When there is an established car share vehicle stop located within one block of the ADU.
f. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections(F)(2)(a)though (e) above.

3. No Replacement. When a garage, carport, or covered parking structure, or uncovered space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

H. Architectural and Design Requirements.

1. Roof.
a. The roof slope must match that of the dominant roof slope of the primary dwelling.

The dominant roof slope is the slope shared by the largest portion of the roof. b. All eave and gable overhangs must be at least 12 inches, unless designed to match the primary unit.

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2. Design.
a. The materials,textures, and colors of the exterior walls, roof, and windows and doors of the ADU must match the appearance and architectural design of those of the primary dwelling.
b. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. c. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing or walls with a minimum height of five feet, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

3. Building Entrance.The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

4. Parking Space Dimensions.
a. Each unenclosed parking space must be at least nine feet wide by 19 feet deep. b. Each parking space that is provided within an enclosed garage must be at least 10 feet wide by 20 feet deep.

5. Balconies and Roof Decks.
a. Balconies are prohibited on an attached ADU.
b. Roof decks are prohibited on attached and detached ADUs, and accessory structures and garages converted to an ADU.

6. Lighting. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

I. Landscape Requirements.

1. When required, plant specimens intended to provide screening must be a species capable of growing to and being maintained at a height of six feet. As an alternative, a solid fence or wall six feet in height may be installed.

2. All new landscaping must be drought-tolerant.

J. Historical Protections.An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

K. Allowed Stories. No ADU subject to this section may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under Section

17.37,060(B)(4).
§ 17.37.080. Fees.

The following requirements apply to ail Class 1 ADUs and JADUs and Class 2 ADUs that are approved under Section 17.37.050(A) and (B) above.

A. Impact Fees.

1. No impact fee is required for a JADU or for an ADU that is less than 750 square feet of interior livable space. For purposes of this subsection A, "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the

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Quimby Act (Government Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

2. A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code section 17620.

3. Any impact fee that is required for an ADU that has 750 square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).

B. Utility Fees.

1. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

2. Except as described in subsection (B)(1)of this section, JADUs and converted ADUs on a single-family lot that are created under Section 17.37.050(A)(1)are not required to have a new or separate utility connection directly between the JADU or ADU and the utility.

Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.

3. Except as described in subsection (B)(1), all ADUs that are not covered by subsection (B)(2) shall require a new, separate utility connection directly between the ADU and the utility and for any utility that is provided by the City. All utilities that are not provided by the City are subject to the connection and fee requirements of the utility provider. a. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU, based on either the floor area or the number of drainage-fixture-units(DFU)values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
b. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
§ 17.37.090. Nonconforming Zoning Code Conditions,
Building Code Violations, and Unpermitted Structures.

A. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

B. Unpermitted ADUs and JADUs constructed Before 2020.

1. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
a. The ADU or JADU violates applicable building standards, or

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b. The ADU or JADU does not comply with the State ADU or JADU law or this ADU ordinance (Chapter 17.37).

2. Exceptions.
a. Notwithstanding subsection (B)(1) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3. b. Subsection (B)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3. § 17.37.100. Nonconforming ADUs and Discretionary
Approval.

Any proposed ADU or JADU that does not conform to the objective standards set forth in Sections

17.37.010 to 17.37.080 of this chapter may be allowed by the City with a conditional use permit, in accordance with Section 17.44.040 (Conditional Use Permits). § 17.37.110. Bonus ADU Program
The purpose of this section is to implement and regulate the City's bonus ADU program to incentivize the construction of more affordable housing units where they can be accommodated and integrated into existing residential neighborhoods with minimal changes and impacts.

A. Applicability.

1. Unless otherwise stated, all provisions and requirements in 17.37 regulating ADUs and JADUs apply to bonus ADUs.

2. Bonus ADUs and JADUs must comply with all standards and requirements of Class 2 ADUs except for those specifically stated in Section 17.37.110.

B. Eligibility. The bonus ADU program is applicable only to lots:

1. Ina RS-10, RS-15, or RS-20 zone;

2. Greater than 15,000 square feet in area; and

3. That contain a single-family structure,
C. Program Overview.

1. Lots that meet the eligibility requirements are allowed to have one bonus ADU or one bonus JADU in addition to the otherwise permissible JADU and ADUs on the property.

2. A Bonus ADU may be an attached ADU, detached ADU, or JADU.

3. A Bonus ADU may be attached to another ADU.

4. Deed Restriction. Prior to issuance of a certificate of occupancy for a bonus ADU or bonus JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Development Services Department. The deed restriction must run with the land and bind all future owners for a period of no less than 10 years.The bonus ADU or JADU must be made affordable to lower income households

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for a period of no less than 10 years at a rent that does not exceed 80% of the Area Median Income (AMI).

5. Deed Restriction Enforcement.The deed restriction is enforceable by the Director or their designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it by law or equity, including, but not limited to, obtaining an injunction enjoining the use of the bonus ADU or bonus JADU in violation of the recorded restrictions or removal of the unit.

D. Special Standards.

1. Location. The bonus ADU must be located in the rear yard or behind the front plane of the primary dwelling.

2. Building Separation.
a. There shall be a minimum separation of 7 feet between the primary dwelling and a proposed bonus ADU.
b. The minimum distance between a proposed detached ADU and one or more accessory buildings shall be 6 feet, except when a bonus ADU is attached to another detached ADU.

3. Parking. A minimum of one off-street parking space shall be provided for the bonus ADU or bonus JADU.

4. Maximum Lot Coverage.
a. No bonus ADU or JADU that is located in the RS-15 or RS-20 zone shall cause the total lot coverage of the lot to exceed 35 percent.
b. No bonus ADU or JADU that is located in the RS-10 zone shall cause the total lot coverage of the lot to exceed 40 percent.
c. The maximum lot coverage standard may be waived upon determination of the Development Services Director.

5. Maximum Size. Bonus ADUs are limited to a maximum size of 800 square feet. Bonus JADUs are limited to a maximum size of 500 square feet.

6. No Separate Conveyance. No bonus ADU or JADU may be sold or otherwise conveyed separately from the primary dwelling.