Permit

Not all ADUs require an ADU permit; some projects can bypass this review. An ADU does not require an ADU permit if it is:

• Single-family conversion: One J/ADU on a single-family lot where the J/ADU is within the home or an existing accessory structure, has its own exterior access, and meets side and rear setback requirements.

• Limited single-family detached: One detached, new construction ADU on a single-family lot, where the ADU is max 800 square feet, max 16’ tall (​​or 18' if located ½ mile from public transit), and minimum 4’ side/rear setbacks.

• Multifamily conversion: One or more ADUs in a multifamily building, where the ADUs are converted from space that was previously not used as livable space.

• Limited multifamily detached: Up to two detached ADUs on a lot with an existing multifamily building, where each ADU is max 16’ tall (​​or 18' if located ½ mile from public transit) and has minimum 4’ side/rear setbacks.

If you do need to submit an ADU permit application, you will submit most materials through the CSS Portal, including:

• Application form

• A detailed set of plans, as listed on this submittal document

• $810 ADU permit fee

• The “Supplementary Materials” listed below, aside from any that require a template or form you haven’t yet received from the Planning or Building Division. (If you aren’t applying for an ADU permit, those items will be submitted along with your Building permit application.)

If your property is located in a Historic District, you will need to apply for a Certificate of Appropriateness. Your plans will be evaluated for compatibility with your existing structure and/or the Historic District.

First, confirm whether you’re in a Historic District using the City of Upland online Community View tool. Find your property, then select the “Historic Districts” option from the overlay menu to the left of the map. You can also use Upland’s Historic Homes Registry.

Applications are submitted in-person at the Permit Counter (see Directory) and include an application form plus specific details about your plans — submission items are listed on the application. ADUs are considered a Major Alteration of a Single-Family Residence, with an application fee of $200 due at submission.

The City of Upland contracts with the County Fire Protection District for fire safety services, and all new ADUs are required to submit an application for a Residential Fire Letter from the San Bernardino County Office of the Fire Marshal.

You’ll submit an overview of your property and your ADU plans, fire safety details such as the location of the nearest fire hydrant and vehicle access to the property, and a set of drawings indicating specific features. A complete list of application requirements can be found here. Applications are submitted online through the EZOP system. See more details in our Guidebook.

If the primary house already has (or will be required to have, if new construction) a fire sprinkler system, the ADU will need to have them as well. In this case, your Fire Letter application must include additional information about sprinklers. See the application checklist here and more details about sprinkler requirements in our Guidebook.

Your team will guide you through the requirements for these submissions and will produce all the necessary technical documents related to your design and building plans.

Building Permits give you official permission to start construction and will be provided when your entire application package is approved. All ADU projects require a building permit. This process starts with a Construction Permit Application, which includes specific acknowledgments to complete if you’re acting as an Owner-Builder. You’ll use the CSS Portal to submit this application, and when you set it up the site will ask you questions about the number of fixtures and other qualities of your ADU in order to calculate the appropriate fees (see more details below).

Plan Check includes multiple divisions reviewing your construction plans for compliance with local code and flagging any safety or other issues. If you haven’t already uploaded plans and materials as part of an ADU permit application, you’ll need to submit detailed plans described in this submittal checklist and the other application materials listed below.

The following can be submitted any time after you submit your ADU permit application or building permit application. Most can be submitted electronically via the CSS Portal.

Proof of legal ownership You need to submit a copy of your deed or other paperwork that 1) proves legal ownership of the property and 2) provides a legal description of the property. This item can be attached to your ADU or building permit application within the CSS Portal.

Deed Restriction Upland requires homeowners to file a deed restriction for all ADUs. This restriction must include five elements:

• The ADU/JADU may not be sold separately from the primary home.

• The ADU/JADU is restricted to the size and attributes of current ADU rules.

• Future property owners are held to the same requirements.

• The restrictions may be removed if the ADU/JADU is eliminated (for instance, if the kitchen is removed).

• The restrictions are enforceable by the City and failure to comply can result in legal action.

Planning Division staff will provide you with a deed restriction template that includes the above elements, and they can help you customize it for your property.

You’ll need to print, date, and sign this form, have it notarized, then physically bring the hard copy to the San Bernardino County Recorder’s office for filing (“recording”). After it’s recorded, you’ll bring the document to the Permit Counter. See the Directory in the Guidebook for the County Recorder’s location and contact details.

Projected Rent You’ll need to submit an estimate of projected annual rent collected, written in a letter to the City. Planning staff will let you know what it should include. Note that you’ll also report actual rent charged on an annual basis; see the Move-In section for more details.

HOA Review (if applicable) If your property is part of a Homeowners or Neighborhood Association, you will need to provide written proof (letter or email) of their review of your plans before a permit can be issued. This item can be attached to your ADU or building permit application within the CSS Portal. An HOA cannot prevent you from building an ADU, but they may have some guidelines or standards that you will need to incorporate.

Septic System Test (if applicable) If the J/ADU will connect to an on-site water treatment or septic system, you are required to include a percolation test completed in the last five years (or re-certified within the last ten years) with your ADU permit or building permit application. This item can be attached to your application within the CSS Portal.

Proof of school district fee payment (if applicable) ADUs of at least 500 square feet need to pay school district fees (see details below). You will need to upload proof of payment to the CSS Portal before permits can be issued.