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Accessory Structures

Pomona's Accessory Structures: The Rules That Matter

By CityRuleLookup Editorial Team

Every city handles accessory structures a little differently. In Pomona, California, there are 6 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

ADU Rental Restrictions

Pomona bars short-term rental use of accessory dwelling units outright. City Code Sec. 30-591(d) says no ADU, junior ADU, or dwelling created under Government Code Sections 65852.2 or 65852.22 may ever be used for short-term rental, even though the primary house on the same lot can qualify for an STR permit.

Key details: Rule: ADUs and JADUs categorically barred from STR use. Citation: City Code Sec. 30-591(d). Covers: Units under Gov. Code 65852.2 and 65852.22. Enforcement: Administrative citation under Sec. 2-1184. Repeat violations: 24-month bar on re-registration.

Advertising, listing, or renting an ADU as an STR violates Sec. 30-592(a), which makes 'any attempt to rent an unpermitted STR by advertising the property for short-term rental purposes' unlawful. The city may issue an administrative citation under Sec. 2-1184 against the owner, operator, or occupant, with fine amounts set by council resolution. Three violations within 12 months can lead to revocation or suspension of any related STR registration and a 24-month bar on re-registering the property, and violators must reimburse the city's investigation and enforcement costs under Sec. 30-592(f).

This is one of the stricter rules in Pomona's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

ADU Owner Occupancy

Pomona requires owner-occupancy for junior accessory dwelling units. A natural person holding legal or equitable title must live on the property, in the primary home or the JADU, as a permanent residence, unless a government agency, land trust, or housing organization owns the whole property.

Key details: Applies to: JADUs only, not full ADUs. Who must reside: Titleholder, in home or JADU. Exception: Property owned by agency/land trust. Enforcement: Development Services Director. Deed restriction: Recorded with LA County Recorder.

Failure to maintain owner-occupancy or violating the recorded deed restriction is enforceable by the Development Services Director or a designee for the benefit of the City. The City may pursue any legal or equitable remedy, including an injunction against unlawful use of the ADU or JADU or abatement of the illegal unit. Deed restriction removal requires written proof to the Director that the unit was eliminated, and a Director denial can be appealed under Sec. 1170.F.

ADU Impact Fees

Pomona charges no impact fee on an ADU of 749 square feet or smaller. Larger ADUs pay a fee prorated to the primary dwelling's floor area, and utility connection fees follow a separate three-tier rule depending on how the unit was created.

Key details: Fee-exempt size: 749 sq ft or smaller. Fee basis above 749 sq ft: Prorated to primary dwelling area. Excludes: Water/sewer connection or capacity charge. New utility connection: Required with new single-family home. Connection fee exemption: Interior ADU conversions.

The code does not set a separate penalty schedule for impact-fee noncompliance within Sec. 830.A.7; fee obligations attach as a condition of permit issuance. An applicant who fails to pay a required impact or connection fee cannot obtain the building permit or certificate of occupancy for the ADU, since Sec. 830.A.6.k bars issuance of a certificate of occupancy for an ADU ahead of the primary dwelling and ties occupancy approval to compliance with the chapter's development standards.

Shed & Carport Rules

Pomona's Zoning and Development Code allows sheds without a permit in every use module, but caps them at 12 feet in height and 120 square feet in size. Sheds must sit in a rear yard, set back at least 5 feet from the side or rear lot line, and are limited to 1 shed per 2,000 square feet of lot area.

Key details: Max height: 12 feet. Max size: 120 gross square feet. Setback: 5 feet from side/rear lot line. Location: Rear yard only. Density: 1 shed per 2,000 sq ft of lot.

A shed that exceeds 120 square feet or 12 feet in height, sits closer than 5 feet to a side or rear lot line, is placed in a front or side yard instead of the rear yard, or exceeds the 1-per-2,000-square-foot density cap is a zoning violation subject to Development Services and Code Enforcement action, up to requiring removal, relocation, or after-the-fact permitting of the noncompliant structure.

Garage Conversions

Pomona lets homeowners convert an existing garage into an Accessory Dwelling Unit under Sec. 830.A.4.a.1 of the Zoning and Development Code with only a building permit, no discretionary hearing. A garage converted this way keeps the required parking spaces from having to be replaced, and a structure rebuilt in the same footprint needs no additional yard setback.

Key details: Approval type: Building permit only, no hearing. Expansion allowance: Up to 150 sq ft for ingress/egress. Parking replacement: Not required after conversion. Setback: None added for same-footprint conversion. Access: Independent exterior entrance required.

Converting a garage to living space without pulling a building permit, expanding the converted footprint by more than the 150-square-foot ingress-and-egress allowance, or failing to provide independent exterior access violates the ministerial standards of Sec. 830.A.4.a and can be enforced through the City's building and zoning code enforcement process, including stop-work orders and required corrections before occupancy is allowed.

ADU Rules

Pomona regulates ADUs and JADUs under Sec. 830.A of the Zoning and Development Code, approving compliant units ministerially within 60 days without a hearing. Detached ADUs on lots under 7,200 square feet cap at 850 to 1,000 square feet depending on bedroom count, height tops out at 16 feet for most detached units, and no off-street parking is required for any ADU.

Key details: Approval timeline: 60 days, ministerial, no hearing. Max size (lot <7,200 sf): 850-1,000 sq ft by bedrooms. Max size (lot β‰₯7,200 sf): 1,200 square feet. Height (detached): 16 ft, up to 20 ft near transit. Parking: Not required for any ADU.

An ADU or JADU built without the required building permit, or one that exceeds the applicable size or height caps in Sec. 830.A.6, is subject to City building and zoning code enforcement, including stop-work orders and correction requirements. Because ADUs still must meet all local building code requirements under Sec. 830.A.5.i, unpermitted construction can also trigger a building-code violation independent of the zoning standards.

The Bottom Line

Pomona's accessory structures rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Pomona is broadly strict or permissive.

Keep in mind that Pomona can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.