Part 5 — USE

Subpart 5A. Use Introduction ......................................................................................................5-3 Sec. 500. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-4 Subpart 5B. Use Modules ..............................................................................................................5-7 Sec. 510. Use Modules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-8 Sec. 520. Allowed Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-11 Subpart 5C. Use Rules .................................................................................................................5-19 Sec. 530. Use Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-20 Sec. 540. Use Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-47 Sec. 550. Accessory Uses and Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-73 Sec. 560. Temporary Uses and Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-84

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

5-1

5-2 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

SuBPart 5a. USE INTRODUCTION

Sec. 500. General Provisions ........................................................................................................5-4 500.A. Use Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-4 500.B. Use Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-4 500.C. Relationship to Form, Frontage, and Site . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-5

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

5-3

Part 5 | Use

Use Intent

Sec. 500. General Provisions

500.a. Use Intent

The intent of Part 5 is to establish the Use Modules, use standards, and use definitions in order to regulate the activities on a lot, and to mitigate any potential impacts within a lot and on surrounding property as a result of those activities.

500.B. Use Applicability

1. General

• a. Most lots, operations, and facilities will contain more than 1 use. Any combination of uses permitted by the Use Module will be allowed unless specified within the use standards of an eligible Subpart 7B. Alternate Typologies .

• b. All projects filed after the effective date of this Zoning and Development Code must comply with the Use Module standards and all other provisions in Part 5, as further specified below.

2. Project Activities

• a. Categories of use rules apply to a project based on what types of project activities are proposed, as shown in the table below. Typically, more than one project activity will apply to a proposed project (for example, an addition will also include a use modification).

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Project Activities
Use Rules
Sec. 520. Allowed Uses
Sec. 530. Use Definitions
Sec. 540. Use Standards
Sec. 550. Accessory Uses and
Structures
Subdivision New Construction Addition Site Modification Facade Modification Change of Use Renovation Maintenance and Repair
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= Standards apply = Standards are not applicable

• b. Project activities are defined in Sec. 1200.K. Project Activities .

• c. Where a category of the use rules are listed as generally applicable in the table above, the project activity must meet all applicable use standards within that section. This general applicability may be further specified for each standard in the applicability provisions in Subpart 5C. Use Rules . Project applicability may also be modified by Sec. 11100. Nonconformities . Where a category of use rules is listed as not applicable in the table above, no standards from that use rule category apply to the project activity.

5-4 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 5 | Use

Relationship to Form, Frontage, and Site

3. Applicable Components of Lots, Buildings, and Structures

• a. Use regulations apply to all portions of a lot.

• b. Use regulations apply to all portions of buildings and structures on a lot.

• c. Specific use regulations may further limit which components of buildings and lots are required to comply with Subpart 5C. Use Rules .

4. Nonconformity

Sec. 11100. Nonconformities provides exceptions from the requirements of Part 5 for existing lots, site improvements, buildings, structures, and uses that conformed to the zoning regulations, if any, at the time they were established, but do not conform to current Use Module standards or use permissions. For lots with uses nonconforming as to the provisions of Sec. 520. Allowed Uses , Sec. 530. Use Defnitions , or Sec. 540. Use Standards specified by the applied Subpart 5B. Use Modules , a project activity must not decrease the conformance with any regulations specified in Part 5. Use , unless otherwise specified by Sec. 11100.D. Nonconforming Uses . Consider the following examples:

• a. An addition to an existing counter service business: Where the current total floor area of the use exceeds the maximum allowed commercial tenant size of the applied Use Module, the addition is not allowed; however, the existing nonconforming tenant area is allowed to be continued.

• b. Demolition of a brewery facility where an accessory restaurant use remains: Where the restaurant is allowed only accessory to food and beverage manufacturing, this major demolition is not allowed unless the restaurant use is discontinued.

500.C. Relationship to Form, Frontage, and Site

Regardless of allowed uses, the form of a building, its architectural elements, and site improvements are regulated by Form and Frontage Modules and Site rules which must be met.

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

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5-6 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

SuBPart 5B. USE MODULES

Sec. 510. Use Modules ...................................................................................................................5-8 510.A. Residential 1 (R1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-8 510.B. Residential-Mixed 1 (RX1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-8 510.C. Commercial-Mixed 1 (CX1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-8 510.D. Commercial-Mixed 2 (CX2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-8 510.E. Commercial-Mixed 3 (CX3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-8 510.F. Commercial-Mixed 4 (CX4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-9 510.G. Commercial-Mixed 5 (CX5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-9 510.H. Industrial-Mixed 1 (IX1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-9 510.I. Industrial 1 (I1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-9 510.J. Industrial 2 (I2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-9 510.K. Industrial 3 (I3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-10 510.L. Public 1 (P1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-10 510.M. Public 2 (P2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-10 510.N. Open Space 1 (OS1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-10 510.O. Open Space 2 (OS2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-10 Sec. 520. Allowed Uses ................................................................................................................5-11 520.A. Classification of Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-11 520.B. Use Table Key. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-11 520.C. Allowed Use Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-13

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

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Part 5 | Use

Ground Story Elevation

Sec. 510. Use Modules

510.a. Residential 1 (R1)

Intent

The R1 Use Module is intended to accommodate a wide variety of housing types for a variety of housing needs in a predominantly residential setting, to accommodate certain accessory uses, and to facilitate the efficient management of municipal resources.

510.B. Residential-Mixed 1 (RX1)

Intent

The RX1 Use Module is intended to accommodate a wide variety of housing types in addition to limited office uses within a primarily residential setting, to accommodate certain accessory uses, and to facilitate the efficient management of municipal resources.

510.C. Commercial-Mixed 1 (CX1)

Intent

The CX1 Use Module allows for commercial uses generally within a 2,000 square foot establishment size on the ground story, as well as a wide range of housing types. The Use Module is intended to support the clustering of commercial service, office, cultural and institutional uses that cater to immediately surrounding neighborhoods.

510.D. Commercial-Mixed 2 (CX2)

Intent

The CX2 Use Module allows for commercial uses generally within a 5,000 square foot establishment size on the ground story, as well as a wide range of housing types. The Use Module is intended to support a broad range of residential, commercial, and civic facility uses to serve surrounding neighborhoods as well as visitors to the area, and to facilitate the efficient management of municipal resources. Some public and institutional services and amenities are also allowed.

510.E. Commercial-Mixed 3 (CX3)

Intent

The CX3 Use Module allows for commercial uses generally within a 10,000 square foot establishment size on the ground story, as well as a wide range of housing types. The Use Module is intended to accommodate a variety of uses, mixing housing with small and medium-scale commercial amenities and services, and to facilitate the efficient management of municipal resources.

5-8 Zoning & Development Code | Pomona, California

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Part 5 | Use

Ground Story Elevation

510.F. Commercial-Mixed 4 (CX4)

Intent

The CX4 Use Module allows for primarily commercial uses in Activity Centers and Transit-Oriented Development areas. The Use Module is intended to accommodate a variety of uses, mixing housing with small and large-scale commercial amenities and services (limited to a 25,000 square foot maximum establishment size per floor), and to facilitate the efficient management of municipal resources.

510.G. Commercial-Mixed 5 (CX5)

Intent

The CX5 Use Module allows for primarily commercial uses in Activity Centers. The Use Module is intended to accommodate a variety of uses, mixing housing with large-scale commercial offices and regional commercial amenities and services (limited to a 50,000 square foot maximum establishment size per floor), and to facilitate the efficient management of municipal resources.

510.H. Industrial-Mixed 1 (IX1)

Intent

The IX1 Use Module is intended to promote a mix of light industries, office spaces and research and development activities that support creative production, accommodate a wide variety of employment, cultural, and recreational opportunities while supporting residents and workers, and facilitate the efficient management of municipal resources. Industrial activities are limited to the ground story.

510.I. Industrial 1 (I1)

Intent

The I1 Use Module allows heavy commercial and light industrial uses as well as a limited amount of general commercial activity. No residential uses are permitted within the I1 Use Module. The Use Module intends to support employment in smaller light industrial and heavy commercial enterprises, and facilitate the efficient management of municipal resources.

510.J. Industrial 2 (I2)

Intent

The I2 Use Module allows heavy commercial and light industrial uses as well as a limited amount of general commercial activity. No residential uses are permitted within the I2 Use Module. The Use Module is intended to support employment and accommodate some industrial activities while minimizing potential disruptions to surrounding uses, and facilitate the efficient management of municipal resources.

Pomona, California | Zoning & Development Code

5-9

Adopted July 1, 2024

Part 5 | Use

Ground Story Elevation

510.K. Industrial 3 (I3)

Intent

The I3 Use Module allows heavy commercial, light industrial, and limited logistics and distribution uses, as well as a limited amount of general commercial activity. No residential uses are permitted within the I3 Use Module. The Use Module is intended to support employment and goods movement and accommodate the most intense industrial activities while minimizing potential disruptions to surrounding uses, and to facilitate the efficient management of municipal resources.

510.L. Public 1 (P1)

Intent

The P1 Use Module allows for government buildings, structures, offices, and services facilities, as well as limited commercial uses. The Use Module is intended to provide regulations for the use and development of land owned by a government agency, or located within a Special Campus area, and to facilitate the efficient management of municipal resources.

510.M. Public 2 (P2)

Intent

The P2 Use Module is intended for uses associated with Fairplex.

510.N. Open Space 1 (OS1)

Intent

The OS1 Use Module is intended to provide active outdoor recreation opportunities on public parkland, and facilitate the efficient management of municipal resources.

510.O. Open Space 2 (OS2)

Intent

The OS2 Use Module is intended to protect and preserve natural resources and provide passive outdoor recreation opportunities on private parkland.

5-10 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 5 | Use

Ground Story Elevation

Sec. 520. Allowed Uses

520.a. Classification of Uses

Uses are organized into use groups (such as Residential Uses or Public and Institutional Uses), use categories (such as Household Living or Group Living,) and specific uses within each category (such as dwelling unit, manufactured housing park and live-work). Where a use definition contains a list of uses, these are intended to be examples and not all-inclusive.

1. Primary Uses

The allowed use table in Sec. 520.C. Allowed Use Table establishes the primary uses by Use Module. A primary use is the dominant use or mix of uses of a site. The primary use or uses typically take up the most space on a site and derive the greatest commercial value. Multiple primary uses are permitted on a site.

2. Accessory Uses and Structures

Accessory uses and structures are those uses incidental to a permitted primary use on a site. See Sec. 550. Accessory Uses and Structures.

3. Temporary Uses and Structures

Temporary uses and structures are characterized by their short-term or seasonal nature, and do not involved permanent improvements made to a site. See Sec. 560. Temporary Uses and Structures.

520.B. Use Table Key

Use permission levels set out in the use table indicate whether and how a use is permitted within each Use Module.

1. Permitted Uses (P)

The letter "P" indicates that a use is permitted by-right without requiring conformance to specific standards.

2. Conditional Uses (C)

The letter "C" indicates that a use requires approval by the Planning Commission with input from members of the public. See Sec. 1160.D. Conditional Use Permit .

3. Uses Not Permitted (-)

A dash line (-) indicates that a use is permitted under no circumstances.

4. Use Standard Applies (*)

The asterisk (*) symbol indicates that specific standards apply to a given use. These standards are important for ensuring that a use exists and operates in a manner that is consistent with the intent of the Use Module, and are found in Sec. 540. Use Standards .

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

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5. Fairplex Overlay District (FD)

The letters "FD" indicates that a use is regulated by the Fairplex Overlay District. Not all uses with this designation are permitted. See Sec. 820.A.3.b . Fairplex Overlay District.

6. Wireless Communication Facility Permit (W)

The letter "W" in indicates that a use requires a wireless communication facility permit. See Sec. 1160.H. Wireless Telecommunications Facility Permit.

7. Cannabis Overlay District (CD)

The letters "CD" indicates that a use is regulated by a Cannabis Overlay District. See -C: Commercial Cannabis Permit Program Overlay District.

5-12 Zoning & Development Code | Pomona, California

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Part 5 | Use

Allowed Use Table

520.C. Allowed Use Table

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Use Module
Use R1 RX1 CX1 CX2 CX3 CX4 CX5 IX1 I1 I2 I3 P1 P2 OS1 OS2 Reference
RESIDENTIAL
Household Living:
Dwelling Unit P P P P P P P* P - - - C FD - - Sec. 540.A.1.a.
Manufactured Housing Park P* - - - - - - - - - - - FD - - Sec. 540.A.1.b.
Live/Work Unit - P* P* P* P* P* P* P* - - - C* FD - - Sec. 540.A.1.c.
Family Day Care, Small P* P* P* P* P* P* P* P* - - - P* FD - - Sec. 540.A.1.d.
Family Day Care, Large P* P* P* P* P* P* P* P* - - - P* FD - - Sec. 540.A.1.d.
Low-Barrier Navigation P P P P P P P P - - - P FD - -
Center
Community Care Center P P P P P P P P - - - P FD - -
Transient Occupancy:
Short-Term Rental P* P* P* P* P* P* P* P* - - - - FD - - Sec. 540.A.2.a.
Hotel/Motel - - C C C C C C - - - - FD - -
Boardinghouse/ - - P P P P P P - - - - FD - -
Roominghouse
ASSEMBLY
Civic and Institutional:
Campus Format C C C C C C C - - - - - FD - -
Non-Campus Format, Small P P P P P P P - - - - - FD - -
Non-Campus Format, Large C C C C C C C - - - - - FD - -
Sports Arena and Stadium - - - - C C C C - - - C FD - -
OPEN SPACE AND
RECREATION
Nature Reserve P P P P P P P P P P P P FD P P
Open Space, Public P P P P P P P P P P P P FD P P
Recreation, Public:
General P P P P P P P P P C C P FD P C
Golf Course C C C C C C C C - - - C FD C -
Indoor Recreation,
Commercial:
Small - - P P P P P P P P P - FD - -
Large - - - C C C C C P P P - FD - -
Outdoor Recreation,
Commercial:
General C C C C C C C C - - - - FD C -
Golf Course C C C C C C C C - - - - FD C -
Cemetery C* C* - - - - - - - - - - FD C* C* Sec. 540.B.1.
INFRASTRUCTURE
General Public Utility P* P* P* P* P* P* P* P* P* P* P* P* FD C* - Sec. 540.C.1.
Infrastructure
Flood Control Facility P P P P P P P P P P P P FD C C
KEY: P = Permitted; C = Conditional use permit; ; - = Not permitted; * = Use standard applies;
FD = Fairplex Overlay District; W = Wireless facility permit; CD = Cannabis Overlay District
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Pomona, California | Zoning & Development Code

Adopted July 1, 2024

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Part 5 | Use

Allowed Use Table

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Use Module
Use R1 RX1 CX1 CX2 CX3 CX4 CX5 IX1 I1 I2 I3 P1 P2 OS1 OS2 Reference
Public Utility Substation/
C C C C C C C P P P P P FD C C
Facility
Wireless
Telecommunications Facility:
Stealth Facility - - W* W* W* W* W* W* W* W* W* W* FD W* W* Sec. 540.C.2.
Monopole Facility - - - - - - - - - - - - FD - -
Data Center - - - - - - - - - - - - FD - -
Freight Terminal - - - - - - - - - - - - FD - -
Heliport - - - - - C C C C C C C FD - -
Railway Facility - - C C C C C C C P P C FD - -
Transit Station C C C P P P P P P C C P FD C -
GENERAL COMMERCIAL
Veterinary Care - - P* P* P* P* P* P* P* P* P* - FD - - Sec. 540.D.1.
Commissary Kitchen - - - - - C* P* P* P* P* P* - FD - - Sec. 540.D.1.
Food and Beverage:
Sec. 540.D.1.
Alcohol, Off-Sale - - C* C* C* C* C* C* C* C* C* - FD - - Sec. 540.D.2.a.
Sec. 540.D.2.b.
Sec. 540.D.1.
Alcohol, On-Sale - - C* C* C* C* C* C* C* C* C* - FD - - Sec. 540.D.2.a.
Sec. 540.D.2.c.
Alcoholic Beverage - - - - - - - P* P* P* P* - FD - - Sec. 540.D.1.
Manufacturing
Restaurant/Drinking - - P* P* P* P* P* P* P* P* P* - FD P* P* Sec. 540.D.1.
Establishment
Tasting Room - - - - - - - C* C* C* C* - FD - - Sec. 540.D.1.
Entertainment Venue:
Indoor - - - - C* P* P* P* C* C* - P* FD P* - Sec. 540.D.1.
Outdoor - - - - C* C* C* P* C* C* - P* FD P* - Sec. 540.D.1.
Banking and Financial
Services:
Bank or Finance Institution - P* P* P* P* P* P* P* P* - - - FD - - Sec. 540.D.1.
Deferred Deposit Originator - - - - - - - - - - - - FD - -
(Payday Lender) Office
Plasma Center - - - - - - - - - - - - FD - -
Medical Clinic - P* P* P* P* P* P* P* - - - P* FD - - Sec. 540.D.1.
General Office - P* P* P* P* P* P* P* P* P* P* P* FD - - Sec. 540.D.1.
Personal Services:
General - P* P* P* P* P* P* P* - - - P* FD - - Sec. 540.D.1.
Massage - - P* P* P* P* P* P* - - - - FD - - Sec. 540.D.3.a.
Fortuneteller - - - - C* C* C* C* C* - - - FD - - Sec. 540.D.1.
Mortuary Services - - - - C* C* P* P* P* P* - - FD - - Sec. 540.D.1.
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KEY: P = Permitted; C = Conditional use permit; ; - = Not permitted; * = Use standard applies;

FD = Fairplex Overlay District; W = Wireless facility permit; CD = Cannabis Overlay District

5-14 Zoning & Development Code | Pomona, California

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Part 5 | Use

Allowed Use Table

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Use Module
Use R1 RX1 CX1 CX2 CX3 CX4 CX5 IX1 I1 I2 I3 P1 P2 OS1 OS2 Reference
Retail:
General - P* P* P* P* P* P* P* P* P* P* C* FD - - Sec. 540.D.1.
Swap Meet (Concession - - - - - P* P* - P* P* P* - FD - - Sec. 540.D.1.
Mall)
Large Format Retail - - - - - P* P* P* P* P* P* - FD - - Sec. 540.D.1.
Outdoor sales - - - - - - - - - - - - FD - -
Hookah Lounge - - - - - - C* C* C* - - - FD - - Sec. 540.D.1.
Smoke and Vape Shop - - - - C* C* C* C* - - - - FD - - Sec. 540.D.1.
Pawnshop - - - - - - - - - - - - FD - -
Commercial Cannabis - - CD* - - CD* - CD* - - CD* - FD - - Sec. 540.D.1.
Sec. 540.D.1.
Adult-Oriented Business - - - - - - - - C* C* - - FD - -
Sec. 540.D.4.
Indoor Self-Service Facility - - - - - - - - - - - - FD - -
AUTO-ORIENTED
COMMERCIAL
Ghost Kitchen - - - - - - - - - - - - FD - -
Motor Vehicle Services:
General Service - - - - - - - - - - - - FD - -
Automated Car Wash - - - - - - - - - - - - FD - -
Hand Car Wash - - - - - - - - - - - - FD - -
Fueling Station - - - - - - - - - - - - FD - -
Electric Vehicle Charging
P* P* P* P* P* P* P* P* P* P* P* P* FD P* P* Sec. 540.E.1.
Station (EVCS)
Motor Vehicle Sales and
Rental:
Vehicle Rental - - - - - - - - - - - - FD - -
Vehicle Sales - - - - - - - - - - - - FD - -
Drive-Through Facility - - - - - - - - - - - - FD - -
Tow Yard - - - - - - - - - - - - FD - -
PRODUCTION-ORIENTED
INDUSTRIAL
Production:
General - - - - - - - C* P* P* P* - FD - - Sec. 540.F.1.
Assembly Line - - - - - - - C* P* P* P* - FD - - Sec. 540.F.1.
Animal Products Processing - - - - - - - - - - - - FD - -
Artisanal Manufacturing - - - - - - - P* P* P* P* - FD - - Sec. 540.F.1.
Food and Beverage
Manufacturing:
Small - - - - - - - P* P* P* P* - FD - - Sec. 540.F.1.
Large - - - - - - - - - - - - FD - -
Product Maintenance, Sec. 540.F.1.
- - - - - - - P* P* P* P* - FD - -
Restoration, and Repair Sec. 540.F.2.
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KEY: P = Permitted; C = Conditional use permit; ; - = Not permitted; * = Use standard applies;

FD = Fairplex Overlay District; W = Wireless facility permit; CD = Cannabis Overlay District

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Adopted July 1, 2024

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Part 5 | Use

Allowed Use Table

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Use Module
Use R1 RX1 CX1 CX2 CX3 CX4 CX5 IX1 I1 I2 I3 P1 P2 OS1 OS2 Reference
Media Production:
Backlot/Outdoor Facility - - - - - - - - P* P* P* - FD - - Sec. 540.F.1.
Indoor Support Facility - - - - - - - - P* P* P* - FD - - Sec. 540.F.1.
Soundstage - - - - - - - - P* P* P* - FD - - Sec. 540.F.1.
Research and Development - - - - - - - P* P* P* P* - FD - - Sec. 540.F.1.
Pallet Yard - - - - - - - - - - - - FD - -
DISTRIBUTION-ORIENTED
INDUSTRIAL
Product Distribution - - - - - - - - P P P - FD - -
Cold Storage - - - - - - - - - - - - FD - -
FULFILLMENT-ORIENTED
INDUSTRIAL
Microbusiness - - - - - - - - P P P - FD - -
Product Fulfillment - - - - - - - - - - - - FD - -
Product Transportation - - - - - - - - - - - - FD - -
WASTE-ORIENTED
INDUSTRIAL
Automobile Dismantling - - - - - - - - - - - - FD - -
Facility
Waste:
Construction and
- - - - - - - - - - - - FD - -
Demolition Waste Facility
Electronic Waste Facility - - - - - - - - - - - - FD - -
Food Waste Facility - - - - - - - - - - - - FD - -
Green Waste Facility - - - - - - - - - - - - FD - -
Hazardous Waste Facility - - - - - - - - - - - - FD - -
Medical Waste Facility - - - - - - - - - - - - FD - -
Solid Waste Facility - - - - - - - - - - - - FD - -
Waste Transfer Facility - - - - - - - - - - - - FD - -
Recycling:
Recycling Facility - - - - - - - - - - - - FD - -
Recycling Facility, - - - - - - C C C - - - FD - -
Convenience
Recycling Manufacturer - - - - - - - - - C C - FD - -
Recycle, Recycling - - - - - - - - - - - - FD - -
Salvage Yard - - - - - - - - - - - - FD - -
Resource Extraction - - - - - - - - - - - - FD - -
OUTDOOR-ORIENTED
INDUSTRIAL
Storage:
Workplace - - - - - - - - - - - - FD - -
Container - - - - - - - - - - - - FD - -
Vehicle - - - - - - - - - - - - FD - -
----- End of picture text -----

KEY: P = Permitted; C = Conditional use permit; ; - = Not permitted; * = Use standard applies; FD = Fairplex Overlay District; W = Wireless facility permit; CD = Cannabis Overlay District

5-16 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 5 | Use

Allowed Use Table

==> picture [578 x 546] intentionally omitted <==

----- Start of picture text -----
Use Module
Use R1 RX1 CX1 CX2 CX3 CX4 CX5 IX1 I1 I2 I3 P1 P2 OS1 OS2 Reference
URBAN AGRICULTURAL
Animal Keeping:
Sec. 540.G.1.a.
Bees P* P* P* P* P* P* P* P* P* P* P* P* FD P* P*
Sec. 540.G.1.b.
Sec. 540.G.1.a.
Kennel - - - C* C* C* C* C* C* C* C* - FD - -
Sec. 540.G.1.c.
Sec. 540.G.1.a.
Domestic Animal, Small P* P* P* P* P* P* P* P* P* P* P* P* FD P* P*
Sec. 540.G.1.d.
Sec. 540.G.1.a.
Domestic Animal, Large P* P* P* P* P* P* P* P* P* P* P* P* FD P* P*
Sec. 540.G.1.e.
Urban Farm:
Small P* P* P* P* P* P* P* P* P* P* P* P* FD P* P* Sec. 540.G.2.
Large C* C* C* C* C* C* C* C* C* C* C* C* FD P* P* Sec. 540.G.2.
Plant Cultivation:
Outdoor Plant Nursery P P P P P P P P P P P P FD P P
Indoor Plant Nursery P P P P P P P P P P P P FD P P
ACCESSORY
Shed P* P* P* P* P* P* P* - - - - - FD P* P* Sec. 550.C.1.
Carport P P - - - - - - - - - - FD P P
Patio P* P* P* P* P* P* P* - - - - - FD P* P* Sec. 550.C.2.
Sunroom P P P P P P P - - - - - FD P P
Garage P P - - - - - - - - - - FD P P
Outdoor Dining Area P* P* P* P* P* P* P* P* P* P* P* P* FD P* P* Sec. 550.C.3.
Certified Farmers' Market P* P* P* P* P* P* P* P* - - - P* FD P* P* Sec. 550.C.4.
Swimming Pool P* P* P* P* P* P* P* - - - - P* FD P* P* Sec. 550.C.5.
Home Occupation P* P* P* P* P* P* P* P* - - - P* FD - - Sec. 550.C.6.
Cottage Food Operation P* P* P* P* P* P* P* P* - - - - FD - - Sec. 550.C.7.
Home-Based Business P* P* P* P* P* P* P* P* - - - - FD - - Sec. 550.C.8.
Accessory Commercial Unit P* - - - - - - - - - - - FD - - Sec. 550.C.9.
(ACU)
Accessory Dwelling Unit P* P* P* P* P* P* P* P* - - - - FD - - Sec. 550.C.10.
(ADU)
Junior Accessory Dwelling P* P* P* P* P* P* P* P* - - - - FD - - Sec. 550.C.11.
Unit (JADU)
Outdoor Storage - - - - - - - P* P* P* P* - - - - Sec. 550.C.12.
Private Garden P P P P P P P P - - - P FD - -
----- End of picture text -----

KEY: P = Permitted; C = Conditional use permit; ; - = Not permitted; * = Use standard applies; FD = Fairplex Overlay District; W = Wireless facility permit; CD = Cannabis Overlay District

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

5-17

5-18 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

SuBPart 5C. USE RULES

Sec. 530. Use Definitions ........................................................................................................... 5-20 530.A. Use Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-20 530.B. Residential Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-21 530.C. Assembly Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-23 530.D. Open Space and Recreation Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-24 530.E. Infrastructure Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-26 530.F. General Commercial Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-28 530.G. Auto-Oriented Commercial Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-33 530.H. Production-Oriented Industrial Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-35 530.I. Distribution-Oriented Industrial Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-37 530.J. Fulfillment-Oriented Industrial Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-38 530.K. Waste-Oriented Industrial Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-39 530.L. Outdoor-Oriented Industrial Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-43 530.M. Urban Agricultural Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-44 Sec. 540. Use Standards ............................................................................................................. 5-47 540.A. Residential Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-47 540.B. Open Space and Recreation Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-48 540.C. Infrastructure Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-49 540.D. General Commercial Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-54 540.E. Auto-Oriented Commercial Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-67 540.F. Production-Oriented Industrial Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-68 540.G. Urban Agricultural Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-69 Sec. 550. Accessory Uses and Structures ................................................................................5-73 550.A. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-73 550.B. Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-73 550.C. Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-75 Sec. 560. Temporary Uses and Structures .............................................................................. 5-84 560.A. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-84 560.B. Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-84 560.C. Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-85

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-84 560.B. Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-84 560.C. Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-85

Pomona, California | Zoning & Development Code

5-19

Adopted July 1, 2024

Part 5 | Use

Ground Story Elevation

Sec. 530. Use Definitions

530.a. Use Interpretation

1. General

Uses are organized by use category (Household Living, Community Care Center) and then by specific use within that category (Dwelling Unit, Live/Work Unit). Use categories are used to organize specific uses with similar attributes, which may be assigned use standards in Sec. 540. Use Standards . Specific uses within each use category have permissions that determine if that use is allowed in a particular zoning district.

2. Determination of Similarity

• a. When a proposed use is not listed, the Development Services Director has the responsibility for determining whether the proposed use is similar to an already listed use. Where a use contains a list of included uses, the uses on the list are to be considered example uses, and not allinclusive. The Development Services Director will first determine what use category the use is most similar to and then determine what specific use within that use category the use is most similar to.

• b. When determining whether a proposed use is similar to an already listed use, the Development Services Director must consider the following criteria:

  1. The actual or projected characteristics of the proposed use.

  2. The relative amount of lot area or floor area and equipment devoted to the proposed use.

  3. Relative amounts of sales.

  4. The customer type.

  5. The relative number of employees.

  6. Hours of operation.

  7. Building and site arrangement.

  8. Types of vehicles used and their parking demands.

  9. The number of vehicle trips generated.

  10. How the proposed use is advertised.

  11. The likely impact on surrounding properties.

  12. The amount of outdoor storage that might be anticipated.

  13. The amount truck traffic that might be generated.

• c. Where a proposed use is found by the Development Services Director to not be similar to an already listed use, the use is only permitted following a zoning text amendment as defined in Sec. 1150.D. Zoning and Development Code Amendment .

5-20 Zoning & Development Code | Pomona, California

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• d. The Development Services Director must maintain a catalog that records each determination of similarity.

530.B. Residential Uses

1. Household Living

a. Dwelling Unit

Any housing accommodations serving as a primary residency or having a tenancy of 30 days or greater. Includes permanent co-living, supportive housing, transitional housing, and farmworker housing as defined in the California Health and Safety Code.

b. Manufactured Housing Park

Any site containing more than 2 manufactured housing units. A manufactured housing unit refers to a dwelling unit built with a vehicular chassis, designed and equipped for human habitation, and for being drawn by a motor vehicle, conforming to the National Mobile Home Construction and Safety Standards Act of 1974. Examples include park trailers, mobile homes, manufactured homes, and recreational vehicles.

c. Live/Work Unit

Any dwelling unit or sleeping unit in which a significant portion of the space includes a nonresidential use that is operated by the tenant or building owner. The following applies to live/work units as defined in the California Building Code (Sec. 508.5.1.) :

1. The live/work unit is permitted to be not greater than 3,000 square feet in area.

2. The nonresidential area is permitted to be not more than 50 percent of the area of each live/work unit.

3. The nonresidential area function must be limited to the first or main floor only of the live/ work unit.

4. Not more than five nonresidential workers or employees are allowed to occupy the nonresidential area at any one time.

d. Family Day Care, Small

Any small family day care home which cares for up to 8 children, without an additional adult attendant as defined in the California Health and Safety Code (Sec. 1597.44.) .

e. Family Day Care, Large

Any large family day care home which cares for up to 14 children as defined in the California Health and Safety Code (Sec. 1597.46.) .

f. Low-Barrier Navigation Center

1. Any housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing as defined by the as defined in the California Government Code (Sec.

Pomona, California | Zoning & Development Code

5-21

Adopted July 1, 2024

Part 5 | Use

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65660(a)) .

2. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

   • i. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

   • ii. Pets.

   • iii. The storage of possessions.

   • iv. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

2. Community Care Center

Any facility, place, or building that is maintained and operated to provide non-medical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, as defined in the California Health and Safety Code (Sec. 1502 (a)) .

3. Transient Occupancy

a. Short-Term Rental

Any residential dwelling unit, or portion thereof, that is offered or provided to a paying guest by a short-term rental operator for 30 or fewer consecutive nights as defined in the City Code (Ordinance No. 4327) .

b. Hotel/Motel

Any commercial facility offering transient lodging accommodations to the general public for a tenancy of less than 30 days and which may provide such additional services as restaurants, meeting rooms, and recreational facilities.

c. Boardinghouse/Roominghouse

Any building containing a single dwelling unit and not more than 5 guest rooms, where lodging is provided with or without meals for compensation for a tenancy of less than 30 days, but not to include senior living facilities or group living facilities.

5-22 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 5 | Use

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530.C. Assembly Uses

1. Civic and Institutional:

a. Campus Format

Any public or private institutional or organizational facility, organized and operated in a campus format to facilitate multiple individually-permitted uses, that provides essential or cultural services.

1. Public examples include: post office; civic center; community center; community kitchen; child day care; artist cooperative; museum; library; art gallery; auditorium; and public health facility. This definition also includes public institutions of learning, such as: public primary school; secondary school; and college. Campus format uses may include multiple uses listed within the examples, above. Other uses may also be included as long as each use is individually permitted within the applicable use module.

2. Private examples include: private hospital; private school; private house of worship; private community center; private community kitchen; private child day care; and private artist cooperative. Campus format uses may include multiple uses listed within the examples, above. Other uses may also be included as long as each use is individually permitted within the applicable use module.

b. Non-Campus Format, Small

Any government administrative service or private, individual institutional, or organizational assembly use not intended to operate in a campus format. Small format is defined as a maximum of 15,000 total square footage in floor area.

1. Examples include: community center; community kitchen; child day care; artist cooperative; banquet hall; union hall; meeting hall; and house of worship. This definition may also include a specialized school such as: acting school; language school; music school; and dance school.

2. Does not include trucking or driving schools with behind the wheel training, or General Commercial – Entertainment Venue.

c. Non-Campus Format, Large

Any public or private, individual institutional or organizational assembly use not intended to operate in a campus format. Examples include: community center; community kitchen; child day care; artist cooperative; banquet hall; union hall; meeting hall; and house of worship.

d. Sports Arena and Stadium

Any publicly or privately operated open or enclosed space with tiers of seats designed to accommodate spectators for viewing any combination of the following: sports; entertainment; and other recreational events.

Pomona, California | Zoning & Development Code

5-23

Adopted July 1, 2024

Part 5 | Use

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530.D. Open Space and Recreation Uses

1. Nature Reserve

Any area managed so as to protect its flora, fauna, and physical features. Includes ecological preserve, marine preserve, natural resource preserve, and water conservation area.

2. Open Space, Public

Any publicly accessible, outdoor areas for passive recreation that is operated on a non-membership basis. Includes spaces such as parks, plazas, walking trails, lawns, picnic areas, and community gardens.

3. Recreation, Public:

• a. General

Any publicly accessible, outdoor areas for active recreation. Public outdoor recreation includes sports courts or athletic fields charging no entry or membership fees and having fewer than 200 seat capacity. Includes skate parks, play equipment, sports courts, and other athletic fields.

b. Golf Course

Any publicly-owned area of land designed and intended for the game of golf with a series of holes each including tee, fairway, and putting green, and often one or more natural or artificial hazards. A golf course use includes only standard-sized golf courses, and excludes artificially illuminated courses. This use also includes a clubhouse incidental to a standard sized golf course.

4. Indoor Recreation, Commercial:

• a. Small

Any indoor commercial use not operated by an educational or public institution, engaged in providing sports and recreation services. Includes health clubs; fitness centers; dance studios; boxing studios, gymnasiums; yoga studios; swimming pools; martial arts, physical training facilities, athletic facilities; and sports courts less than 15,000 square feet.

b. Large

Any indoor commercial use not operated by an educational or public institution, engaged in providing sports and recreation services. Includes health clubs; fitness centers; dance studios; boxing studios, gymnasiums; yoga studios; swimming pools; martial arts, physical training facilities, athletic facilities; and sports courts more than 15,000 square feet.

5-24 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 5 | Use

Ground Story Elevation

5. Outdoor Recreation, Commercial:

• a. General

Any commercial outdoor recreation use, excluding golf courses. Includes: outdoor batting cage, skate park, sports court, mini golf, pitch and putt, driving range, illuminated golf course.

b. Golf Course

Any privately-owned area of land designed and intended for the game of golf with a series of holes each including tee, fairway, and putting green, and often one or more natural or artificial hazards. A golf course use includes only standard-sized golf courses, and excludes artificially illuminated courses. This use also includes a clubhouse incidental to a standard sized golf course.

6. Cemetery

Any park and open space use that is divided for sale as burial plots, includes accessory mausoleums and columbaria.

Pomona, California | Zoning & Development Code

5-25

Adopted July 1, 2024

Part 5 | Use

Ground Story Elevation

530.E. Infrastructure Uses

1. General Public Utility Infrastructure

Any infrastructure related to public utility purposes, including: water and gas pipes, mains and conduits; electric light and power transmission and distribution lines; telephone lines; sewers and sewer mains; and incidental appurtenances.

2. Flood Control Facility

Any facility, structure or system, natural or improved, the purpose of which is to convey flood or storm drainage waters.

3. Public Utility Substation/Facility

Any utility infrastructure providing services and having considerable impacts on adjacent lots, often including on-site staff. Includes active power generation facilities; passive energy generation such as wind turbine, geothermal system, and solar photo-voltaic system with supporting on-site storage; control and transmission equipment; storm water retention or detention ponds; aeration and septic system; reservoir, lift station, water supply well and water tank or tower; telecommunications switching facility; electrical substation; wastewater treatment; water supply treatment.

4. Wireless Telecommunications Facility

a. Stealth Facility

1. Any wireless telecommunications facility that is designed to blend into the surrounding environment. Examples of stealth facilities may include architecturally screened roofmounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements and details, and antenna structures designed to look like light poles, trees, and flagpoles.

2. Any wireless telecommunication facility that includes the transmitting or receiving of electromagnetic signals, including but not limited to radio waves and microwaves, for cellular technology, personal communications services, mobile services, paging systems and related technologies. Includes antennae; microwave dishes; and all other types of equipment used in the transmission of such signals, as well as related support structures, buildings, and cabinets.

b. Monopole Facility

1. Any freestanding wireless telecommunications facility structure composed of a single spire, pole, or tower used to support antennas or related equipment.

2. Any wireless telecommunication facility includes the transmitting or receiving of electromagnetic signals, including but not limited to radio waves and microwaves, for cellular technology, personal communications services, mobile services, paging systems and related technologies. Includes antennae; microwave dishes; and all other types of equipment used in the transmission of such signals, as well as related support structures, buildings, and cabinets.

5-26 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 5 | Use

Ground Story Elevation

5. Data Center

Any facility engaging in the storage, management, processing, or transmission of digital data, and housing computer or network equipment, systems, servers, appliances and other associated components related to digital data operations.

6. Freight Terminal

Any facility intended for freight pick-up, transfer, or distribution by rail, including the facility used in connection with such activities. Includes freight yard and railroad yard.

7. Heliport

Any public-use, special-use, or personal-use airport, as defined in the California Code of Regulations (Art. 4) , suitable only for use by helicopters.

8. Railway Facility

Any facility related to a freight railway; or a railway yard, maintenance, or fueling facility related to a passenger or freight railway.

9. Transit Station

Any publicly accessible facility located outside a public right-of-way, such as a bus or rail station, where transport vehicles regularly load and unload passengers along a fixed route.

Pomona, California | Zoning & Development Code

5-27

Adopted July 1, 2024

Part 5 | Use

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530.F. General Commercial Uses

1. Veterinary Care

Any facility in which animals or pets are given medical or surgical treatment and care during the time of such treatment, and in which the boarding of such animals or pets is permitted incidental to their medical or surgical treatment and care.

2. Commissary Kitchen

Any commercial facility used for cooking and preparing food to be primarily sold and consumed off-site. Research, design, and processing are allowed as an incidental use. Includes multi-tenant, incubator, preparatory kitchen, commercial bakery, and catering kitchen. Does not include ghost kitchens.

3. Food and Beverage

a. Alcohol, Off-Sale

Any establishments properly licensed by the Department of Alcoholic Beverage Control of the State of California (ABC), which sell alcoholic beverages of varying types, as allowed by the type of ABC license held by the establishment, for consumption off the premises in which they are sold. Typical uses include convenience markets, grocery stores, and liquor stores.

b. Alcohol, On-Sale

Any establishments properly licensed by the Department of Alcoholic Beverage Control of the State of California (ABC), which sell alcoholic beverages of varying types, as allowed by the type of ABC license held by the establishment, for consumption on the premises in which they are sold. Typical uses include bars, brew pubs, nightclubs, wine bars,and restaurants that serve alcoholic beverages.

c. Alcoholic Beverage Manufacturing

Any manufacturing facilities for the production of beer, wine, cider, mead or other similar alcoholic beverages, in accordance with a valid license issued by the State of California Alcoholic Beverage Control. May include tasting rooms, subject to Conditional Use Permit.

d. Restaurant/Drinking Establishment

Any eating and/or drinking establishment that provides a dining environment where customers may be seated at tables and served made-to-order meals and beverages for consumption onsite, or for the sale of prepared food and/or drinks primarily for off-site consumption which may include limited seating for casual dining. Includes donut shop, juice bar, bakery, coffee shop, cafe, delicatessen, food kiosk, ice cream shop.

e. Tasting Room

Any area located within an alcoholic beverage manufacturing facility, which is accessory to the manufacturing use. Alcoholic beverages sold, served, or consumed in a tasting room must be manufactured on the premises and may be sold for consumption on or off the premises. Non-alcoholic beverages sold, served or consumed on-site need not be manufactured on the premises, and may be sold for consumption on or off the premises.

5-28 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 5 | Use

Ground Story Elevation

4. Entertainment Venue

a. Indoor

Any indoor assembly use designed or intended for entertainment. Includes multiplex theater, auditorium, concert hall, night club, community theater, movie theater, live-music venue, night club, comedy club, karaoke lounge, banquet hall. This use does not include activities considered adult-oriented businesses.

b. Outdoor

Any assembly use designed or intended for entertainment and located outdoors.

5. Banking and Financial Services

a. Bank or Finance Institution

Any professional services involving the investment, lending, or management of money and assets in a publicly-accessible setting rather than a private office setting.

b. Deferred Deposit Originator (Payday Lender) Office

Any business which offers, originates or makes a deferred deposit transaction, arranges a deferred deposit for a deferred deposit originator, acts as an agent for a deferred deposit originator, or assists a deferred deposit originator in the origination of a deferred deposit and is required to obtain a License from the Department of Financial Protection and Innovation.

6. Plasma Center

Any medical facility in which patrons receive compensation for donating blood plasma.

7. Medical Clinic

Any outpatient healthcare facility that provides direct medical, dental, or therapeutic services to patients, including ambulatory surgery centers. This definition does not include healthcare facilities providing acute or sub acute care to patients.

8. General Office

Any administrative and professional services that provide support to businesses in a private setting. Office uses may be operated independently or combined with other permitted uses. Includes nonprofits, sales, clerical, legal, accounting, design, consulting, and dry lab. May include one on one counseling and group counseling. Office uses may be operated independently or combined with other permitted uses and may utilize temporary use permits.

9. Personal Services

a. General

Any commercial use providing services directly to individuals seeking services primarily for personal benefit, rather than commercial gain, in a publicly-accessible setting, rather than a private office setting. Includes instructional services, travel agent, real estate agent, hair cutting and styling, spa treatment, cleaning service, dry cleaning service, laundromat or laundry service,

Pomona, California | Zoning & Development Code

5-29

Adopted July 1, 2024

Part 5 | Use

Ground Story Elevation

jewelry repair, tailor or seamstress, tattooing, body piercing, pet grooming, pet boarding (of fewer than four animals at a time) and bicycle repair.

b. Massage

Any personal service, business, parlor, room, place or institution, where massage is given or administered by a massage technician as a service of the business establishment.

c. Fortuneteller

Any place of business where any person engages in or practices palmistry, fortunetelling, clairvoyance, crystal gazing, seancing, numerology, mediumship, tarot-card reading, past-life regression, prophecy, phrenology or divination for personal gain or other similar activity.

10. Mortuary Services

Any commercial use engaged in the provision of services involving the care, preparation, or arrangement of human or animal remains, and conducting memorial services. Includes crematorium, funeral home, mortuary, and pet crematorium.

5-30 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 5 | Use

Ground Story Elevation

11. Retail

a. General

Any retail use involved in the sale of new or used products, or the provision of consumer or rental services, to individuals and businesses. Includes grocery store, meat market, produce market, party supply, hobby supply, flower shop, bookstore, cameras and photographic supply, music instruments and accessories, dry goods store, stationary store, fabric and sewing supply, antique shop, artist supply, art gallery, hardware store, drugstore or pharmacy, electronics store, furniture store, print shop, pet shop, and clothing store. Includes Commercial Cannabis Retailer-Storefront persuant to the Pomona City Code (Ch. 68) within the Commercial Cannabis Permit Program Overlay District Sub Areas 1 and 2.

b. Swap Meet (Concession Mall)

Any indoor retail sales of a variety of unrelated merchandise within a single enclosed establishment or marketplace by 5 or more independent persons, merchants or businesses, that individually occupy or make use of floor area or wall space, for which a fee, commission, rent, or lease is charged. The terms “swap meet” and “concession mall” may be used interchangeably.

c. Large Format Retail

Any retail use with a non-residential tenant size of 50,000 square feet or greater. May include any of the following types of retail when occupying a non-residential tenant size of 50,000 square feet or greater: superstore, department store, wholesale club, furniture store, and home improvement store.

d. Outdoor Sales

Any display of merchandise for sale not entirely enclosed within a building, not including agricultural uses.

e. Hookah Lounge

Any commercial establishment, whether enclosed, indoor or outdoor, designated specifically for the use of hookahs, but does not include private use of hookahs in personal residences if otherwise in compliance with applicable law.

f. Smoke and Vape Shop

Any establishment engaged in the sale of tobacco or nicotine products and/or accessories intended for smoking, on or off site, including but not limited to pipes, vaporizing devices, hookah pipes, or other smoking paraphernalia. Does not include medical or recreational cannabis or private smoker’s lounge meeting the standards of the California Labor Code.

g. Pawnshop

Any retail establishment that accepts personal property as collateral for loans, and offer the property for sale to the public.

12. Adult-Oriented Business

Any commercial use involving the retail sale, rental or exhibition, of any goods or services that are characterized by an emphasis on the exposure or display of specified sexual activities or specified

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anatomical areas. Each sexually oriented business use must constitute a separate sexually oriented business, even if operated in conjunction with another adult business at the same establishment, for the intent of meeting applicable use standards. Includes: adult arcade, adult bookstore, adult cabaret, adult modeling studio, adult merchandise store, adult motel, adult motion picture theater, adult theater, sexual encounter establishment.

13. Indoor Self-Service Facility

Any commercial use that offers indoor, secure self-storage for household goods in individual rooms, compartments, lockers, or containers, to which clients bring goods for storage and retrieve them at any time during normal business hours.

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530.G. Auto-Oriented Commercial Uses

1. Ghost Kitchen

Any demand based commercial use primarily engaged in the prepackaging of foods and other consumer-packed household items that utilizes direct to consumer online order fulfillment.

2. Motor Vehicle Services

a. General Service

Any motor vehicle services use involving the diagnosis, maintenance or servicing of noncommercial and commercial motor vehicles. Includes automotive emissions testing, electrical diagnostic, battery testing, changing, and charging, tire removal, and replacement. Does not include car wash or fueling station.

b. Automated Car Wash

Any motor vehicle services use engaged in cleaning, washing, or waxing of non-commercial motor vehicles, such as passenger cars, trucks, vans, and trailers primarily executed by machinery.

c. Hand Car Wash

Any motor vehicle services use engaged in the cleaning, washing or waxing of non-commercial motor vehicles, such as passenger cars, trucks, vans and trailers primarily executed by a person.

d. Fueling Station

Any motor vehicle services use that sells and dispenses vehicle fuel, including diesel, gasoline, hydrogen, and other alternative fuels. Includes commercial vehicle fueling.

e. Electric Vehicle Charging Station (EVCS)

As defined in the Pomona City Code Ch. 75. (Electrical Vehicle Charging Stations) , and the California Government Code (Sec. 65850) .

3. Motor Vehicle Sales and Rental

a. Vehicle Rental

Any heavy commercial use that rents or leases motor vehicles, including moving trucks, commercial vehicles, utility trailers, recreational vehicles, passenger vehicles, pickup trucks, motorcycles and boats.

b. Vehicle Sales

Any heavy commercial use that sells new or used motor vehicles, including moving trucks, commercial vehicles, utility trailers, recreational vehicles, passenger vehicles, pickup trucks, motorcycles and boats.

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4. Drive-Through Facility

A motor vehicle drive-through facility which is a commercial building or structure or portion thereof which is designed or used to provide goods or services to the occupants of motor vehicles. It includes, but is not limited to, banks and other financial institutions, fast food establishments, and film deposit/pick-up establishments, but must not include drive-in movies, service stations, or carwash operations.

5. Tow Yard

Any establishment primarily engaged in towing light or heavy motor vehicles. Including, but not limited to: dispatch service; outdoor and/or indoor vehicle storage, vehicle sales, auction.

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530.H. Production-Oriented Industrial Uses

1. Production

a. General

Any production use that maintains a primary manufacturing or fabrication component involving the making or processing of materials/components primarily by persons into products. Includes the manufacturing and assembly of the following: medical equipment and supplies, semiconductors and electronic instruments, signs and printed material, musical instruments, toys, furniture, crates, boxes, barrels, electronics, cosmetics, food and drink, textiles, and similar goods. Includes Commercial Cannabis Manufacturing persuant to the Pomona City Code (Ch. 68) within the Commercial Cannabis Permit Program Overlay District Sub Areas 3 and 4.

b. Assembly Line

Any general production use that also incorporates an assembly line. An assembly line includes any arrangement of workers and machines where each worker deals with one part of a product, and the product passes from one worker to another until the product is finished.

2. Animal Products Processing

A use engaged in one or more of the following: dressing or dyeing furs, preparing, tanning, and finishing hides and skins. Does not include the commercial process of preparing processed meat and meat by-products refining or rendering animal fat, bones, meat scraps, and slaughtering animals for distribution.

3. Artisanal Manufacturing

Any establishment primarily engaged in on-site production of goods which involves the use of heavy mechanical equipment and the incidental direct sale to consumers of only those goods produced on site. Includes large format ceramic studios, carpentry, decorative ironworks, glassworks, printing, and woodworking.

4. Food and Beverage Manufacturing

a. Small

A food and beverage manufacturing establishment, with less than 22,500 square feet of gross floor area, that includes a retail sales component. It is characterized by local or regional products, specialty or artisanal foods. Examples include small coffee roasters, micro-breweries, micro-distilleries, wine manufacturing, meat or fish processing, and wholesale bakeries.

b. Large

A food and beverage manufacturing establishment, with more than 22,500 square feet of gross floor area, that does not include a retail sales component. It is characterized by local or regional products, specialty or artisanal foods. Examples include small coffee roasters, micro-breweries, micro-distilleries, wine manufacturing, meat or fish processing, and wholesale bakeries.

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5. Product Maintenance, Restoration, and Repair Services

A repair use in which the primary use is engaged in the maintenance or repair or restoration of industrial, business, or consumer machinery, equipment, products, and vehicle restoration entirely within an enclosed structure. Includes carpet cleaning, and maintenance and repair of household appliances, furniture, office equipment, and restoration. Does not include pallet yards. Does not include accessory outdoor storage.

6. Media Production

a. Backlot/Outdoor Facility

Outdoor facility for motion picture, television, video, sound, computer, and other communications media production. May include outdoor sets, backlots, and other outdoor facilities, including supporting indoor workshops and craft shops.

b. Indoor Support Facility

Administrative and technical media production support facility, including administrative and production offices, post-production facilities (editing and sound recording studios, and Foley stages), special effects and optical effects units, and film laboratories.

c. Soundstage

Facilities providing space for the construction and use of indoor sets, including supporting workshops and craft shops. Does not include facilities using live audiences.

7. Research and Development

Any light industrial use requiring a wet laboratory where chemicals, drugs, or other material or biological matter are handled in liquid solutions or volatile phases, requiring direct ventilation, and specialized piped utilities. Includes Commercial Cannabis Testing persuant to the Pomona City Code (Ch. 68) within the Commercial Cannabis Permit Program Overlay District Sub Areas 3 and 4.

8. Pallet Yard

An open yard that stores, sells, repairs, refurbishes, and/or manufactures pallets.

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530.I. Distribution-Oriented Industrial Uses

1. Product Distribution

The indoor storage of bulk goods intended for consolidation and distribution of products to manufacturers, wholesalers, or retailers within the supply chain (“business to business”), with little storage duration, high throughput of products, and high-efficiency, in either a traditional or highcube format. Includes receiving and processing of bulk goods. Includes Commercial Cannabis Distribution persuant to the Pomona City Code (Ch. 68) within the Commercial Cannabis Permit Program Overlay District Sub Areas 3 and 4.

2. Cold Storage

Any use that is primarily the storage of frozen food or other perishable products in temperature controlled environments.

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530.J. Fulfillment-Oriented Industrial Uses

1. Microbusiness

A single business between 2,500 and 22,500 square feet in size that engages in at least two of following activities: Production, Artisanal Manufacturing, Distribution, Fulfillment. Includes Commercial Cannabis Microbusiness persuant to the Pomona City Code (Ch. 68) within the Commercial Cannabis Permit Program Overlay District Sub Area 3.

2. Production Fulfillment

Any use that is primarily storage and direct distribution of products to end users within the supply chain (“business to business” or “business to consumer”), sorted, picked, and/or packed either manually or with automation, in either a traditional or a high-cube format. Includes receiving and processing of bulk goods and individual order processing. Excludes Retail and Large Format Retail. Includes e-commerce, third party logistics, on-demand transportation, and freight forwarding.

3. Production Transportation

Any facility that is involved in product fulfillment or product distribution of bulk goods primarily through the use of truck trailers and truck tractors for truckload services within the supply chain (“business to business” or “business to consumer”). Includes full truckload, less than truckload, trans-loading, consolidations, de-consolidations, cross-dock, and other on-demand transportation services.

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530.K. Waste-Oriented Industrial Uses

1. Automobile Dismantling Facility

Any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.

2. Waste

a. Construction and Demolition Waste Facility

1. A facility that accepts or collects building materials and solid waste generated from construction and demolition activities.

2. “Construction and demolition waste” means may include but not limited to, fully-cured asphalt, concrete,brick, rock, soil, lumber, gypsum wallboard, cardboard and other associated packaging, roofing material, ceramic tile, carpeting, fixtures, plastic pipe, metals, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction, deconstruction, demolition or land developments.

b. Electronic Waste Facility

1. A business that accepts by donation or purchase, “electronic waste” from the general public, other recycling facilities, government agencies, and other business enterprises.

2. The facility is used for the collection, sorting, and short-term storage of “electronic waste.”

3. “Electronic waste” means waste that includes any device powered by electricity (including batteries) that contains circuitry and is identified by the State of California as hazardous waste, whether whole or in fragments, including parts, components, or assemblies thereof. Examples include, but are not limited to: televisions, computers, central processing units, mobile computers(including notebooks, netbooks, tablets, and e-book readers), computer accessories (including input devices, webcams, speakers, data storage devices, servers, and monitors), televisions (including portable televisions and portable DVD players), video display devices (including digital picture frames and portable video devices), digital imaging devices (including printers, copiers, facsimile machines, image scanners, and multifunction machines), television peripheral devices (including video cassette recorders, DVD players, video game systems, game controllers, signal converter boxes, and cable and satellite receivers), digital cameras and projectors, digital audio players, telephones and electronic communication equipment (including cellular phones and wireless internet communication devices), networking devices (including routers, network cards, modems, and hubs), audio equipment, portable video game systems, personal digital assistants, portable global positioning system navigation devices and microwave ovens.

c. Food Waste Facility

1. A facility that accepts food waste to reprocess into compost, or other products, including the use of power-driven processing equipment. Facilities which receive food waste for shipment to another facility for reprocessing or composting are not included in this type of facility.

2. “Food waste” means residuals, scraps, expired or discarded food originating from sale,

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storage, processing, preparation or dining practices, including but not limited to vegetables, fruits, grains, dairy products, meats, and the compostable packaging that may be commingled. Does not include the sustainable composting of food waste in conjunction with an established urban farm or urban garden.

d. Green Waste Facility

1. A facility that accepts green waste to reprocess into compost, wood chips, or other products, including the use of power-driven processing equipment. Facilities which receive green waste for shipment to another facility for reprocessing or composting are not included in this type of facility. A green waste facility does not include the chipping, grinding, handling, processing or storage of construction and demolition waste.

2. “Green waste” means organic waste generated by landscape, garden or agricultural operations consisting of lawn clippings, tree and shrub prunings, wood, and miscellaneous soil material. This is categorized as material which can be used to process into compost or wood chips for reuse.

e. Hazardous Waste Facility

1. A facility, as defined in California Health and Safety Code (Sec. 25117.1.) , that accepts hazardous waste that are generated at another location (off-site) and serves more than one producer of hazardous waste.

2. “Hazardous waste” means any waste or combination of wastes which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious or irreversible illness or incapacity or any substance which poses a substantial hazardous threat to human health or the environment. Materials or mixture of wastes which have been defined as "hazardous substances" or "hazardous wastes" pursuant to the Resource Conservation and Recovery Act (RCRA) (42 USC 6901 et seq.) , the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (USC 96-1 et seq.) , as either may be amended from time to time, or any substance which may be defined by the California Integrated Waste Management Board.

3. Should a discrepancy arise between two or more entities having jurisdiction in this matter as to the definition set forth, the definition having the more encompassing meaning of the term "hazardous waste" must prevail.

f. Medical Waste Facility

1. A facility with an off-site medical waste treatment facility from the California Department of Public Health (CDPH) that treats medical waste by a method approved by the CDPH.

2. “Medical waste” means waste which is generated or produced as a result of any of the following actions:

   • i. Diagnosis, treatment, or immunization of human beings or animals.

   • ii. The production or testing of biologicals.

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• iii. The accumulation of properly contained home-generated sharps waste that is brought by a patient, a member of the patient's family, or by a person authorized by the enforcement agency, to a point of consolidation approved by the enforcement agency pursuant to California Health and Safety Code (Sec. 117904.) or authorized pursuant to (Sec. 118147.) .

• iv. Removal of a regulated waste, as defined in the California Code of Regulations (Title 8, Sec. 5193.) , from a trauma scene by a trauma scene waste management practitioner. The waste is one or more of the following:

• a. Bio-hazardous waste ("red bag"),

  • b. Sharps waste,

  • c. Pharmaceutical waste,

  • d. Pathological waste, or

  • e. Trace chemotherapy waste.

g. Solid Waste Facility

1. A solid waste transfer or processing station, a disposal facility or other waste conversion facility, and also includes any solid waste operation that may be carried out pursuant to an enforcement agency notification, including a construction debris chip and grind facility that does not involve green waste.

2. “Solid waste” means:

   • i. All types of putrescible, offensive and nonputrescible solid and semisolid and liquid waste, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, animal carcasses, bulky goods, construction and demolition wastes;

   • ii. Abandoned vehicles and parts thereof;

   • iii. Discarded home and industrial appliances;

   • iv. Dewatered, treated or chemically fixed sewage sludge which is not to be deemed to contain hazardous material or substances;

   • v. Manure, vegetable or animal solid or semisolid waste;

   • vi. Green waste and recyclable materials; or

   • vii. Any other material as defined by the California Public Resources Code (Sec. 40191.) , California Integrated Waste Management Board, or any other entity having jurisdiction.

h. Solid Waste Transfer Facility

A facility where any type of solid waste is unloaded from collection vehicles and briefly held while it is reloaded onto larger long-distance transport vehicles for shipment to landfills or other treatment or disposal facilities. “Solid waste” is defined in Sec. 530.K.2.g.2 “Solid waste” means: .

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3. Recycling

a. Recycling Facility

1. A business that accepts by donation or purchase, recyclable materials from the general public, other recycling facilities, government agencies, and other business enterprises in order to recycle such materials.

2. The facility is used for the collection, sorting, and short-term storage of recyclable materials that would otherwise become solid waste. A recycling facility is not a green waste, solid waste, hazardous waste, or automobile dismantling facility.

3. A recycling facility does not include the cleansing, grinding, treating or reconstituting of recyclable materials.

b. Recycling Facility, Convenience

1. A recycling facility located in a convenience zone as defined and certified by the California Department of Conservation under the California Beverage Container Recycling and Litter Reduction Act. See the California Public Resources Code (Sec. 14500.) .

2. Only cans, bottles, and plastic containers and other containers and material identified or adopted under the California Public Resources Code (Sec. 14500.) are accepted at a convenience recycling facility.

c. Recycling Manufacturer

1. A facility that includes the cleansing, grinding, treating, and reconstituting of recyclable materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of reconstituted products which meet the quality standards necessary to be used in the marketplace.

2. Reconstituted products do not include wood chips, saw dust, compost or raw materials resulting from processing green waste or construction and demolition waste.

d. Recycle, Recycling

Any use that includes separating, collecting, sorting, cleansing, treating, reconstituting or otherwise processing materials that are or would otherwise be disposed of in a landfill and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

4. Salvage Yard

Any heavy industrial use, having any portion of the use located outdoors, where a junk dealer or automobile dismantler operates, or where partially dismantled, obsolete, or wrecked automobiles are stored.

5. Resource Extraction

Any heavy industrial use involving the withdrawal of materials from the natural environment.

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530.L. Outdoor-Oriented Industrial Uses

1. Storage

a. Workplace

The primary open outdoor storage of non-hazardous equipment and machinery for use in the production of goods or for the construction of development projects. Includes infrastructurerelated storage, contractor’s storage, machinery rental, lumber storage. Excludes pallet yards.

b. Container

The primary open outdoor storage of containers that are either empty or contain goods or materials. This includes standardized shipping containers, including twenty-foot equivalent units (TEUs).

c. Vehicle

The primary open outdoor storage of passenger vehicles, commercial sized vehicles, heavyduty trucks, boats, recreation vehicles, chassis, trailers, and other oversized vehicles. Includes draying and freight.

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530.M. Urban Agricultural Uses

1. Animal Keeping

a. Bees

Any animal keeping use that includes the keeping of bees.

b. Kennel

Any use in which 4 or more cats or dogs, at least 4 months of age, are kept, boarded, or trained, excluding pet shop and veterinary care uses.

c. Domestic Animal, Small

An animal keeping use incidental to another use that includes the breeding, raising, training, boarding, and keeping of animals listed below.

1. Poultry, including: chickens; turkeys; ducks; geese; pigeons; and other fowl.

2. Rabbits, including; hamsters; chinchillas; guinea pigs; and all types of rodents.

3. Pigs less than 150 lbs in weight.

4. Goats and sheep less than 100 lbs in weight.

d. Domestic Animal, Large

Any animal keeping use that includes the breeding, raising, training, boarding, and keeping of animals such as horses, alpacas, cattle, donkeys, goats, mules, sheep, large swine, or similar livestock, typically for fiber, meat, milk, or other products. Includes day-to-day care, selective breeding, raising of livestock, and/or involving the noncommercial storage, processing, and distribution of milk or milk products.

2. Urban Farm

a. Small

1. An agricultural use less than 3 acres in area, that is designed and intended for the sustainable cultivation of fruits, vegetables, plants, flowers, herbs, and animal keeping with the primary purpose of growing food for distribution.

2. May include shared facilities for storage and services incidental to the agricultural use including educational activities.

3. Educational activities may include volunteer programs, tours, youth programs and farming classes.

4. May be established as an accessory to a household living or public assembly use.

5. Does not include cannabis cultivation.

b. Large

1. An agricultural use more 3 acres in area and less than 10 acres, that is intended for the sustainable cultivation of fruits, vegetables, plants, flowers, herbs, and animal keeping with

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the primary purpose of growing food for distribution.

2. May include shared facilities for storage and services incidental to the agricultural use including educational activities.

3. Educational activities may include volunteer programs, tours, youth programs and farming classes.

4. Does not include cannabis cultivation.

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3. Plant Cultivation

a. Outdoor Plant Nursery

The cultivation of plants outdoors for sale or distribution either on-site or off-site. May include greenhouses, vertical farming, hydroponic systems, and aquaponic systems. Does not include cannabis cultivation. Does not include Commercial Cannabis Outdoor Cultivation.

b. Indoor Plant Nursery

The cultivation of plants within completely enclosed buildings for sale or distribution either onsite or off-site. May include greenhouses, vertical farming, hydroponic systems, and aquaponic systems. Does not include cannabis cultivation. Includes Commercial Cannabis Indoor Cultivation persuant to the Pomona City Code (Ch. 68) within the Commercial Cannabis Permit Program Overlay District Sub Areas 3 and 4.

c. Garden Center

Any establishment primarily engaged in retailing garden products, such as trees, shrubs, plants, seeds, bulbs, and sod that are predominantly grown elsewhere. This classification includes commercial and wholesale greenhouses and nurseries offering plants for sale.

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Sec. 540. Use Standards

Use standards apply to a use category or individual use. Where "General" is listed, the standards apply to all uses within that use category. Where an individual use is listed, the standards apply only to that individual use.

540.a. Residential Uses

1. Household Living

a. General

The following standards apply to household living uses in the CX5 use module:

1. Household living uses are not permitted on the ground story of any building, except for lobby and circulation space or shared amenities (such as a gym, lounge area, meeting space or mail room).

2. Household living uses cannot exceed 80% of the gross floor area developed on any site, excluding related lobby, circulation, or shared amenity space.

3. The sum of household living uses and any related lobby, circulation, or shared amenity space cannot exceed 90% of the gross floor area developed on any site.

b. Manufactured Housing Park

The following standards apply to manufactured housing parks:

1. Size

The site must be at least 5 acres.

2. Buffering

A Buffer Type II is required along each side and rear lot line of a manufactured housing park, except where abutting a manufactured home park, flood control facility, railroad, or public right-of-way. See Transition Bufer Types (Sec. 620.B.3.c.).

c. Live/Work Unit

1. General

• i. At least 1 person engaged in the live-work must reside in the dwelling unit in which the live-work business is located as their primary place of residence.

• ii. A live-work unit cannot exceed 4,000 square feet in floor area.

• iii. No equipment or process is permitted in connection with the live/work unit that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses, off the premises.

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2. Allowed Uses

• i. The nonresidential use, as defined in Sec. 530. Use Defnitions , in the dwelling unit is limited to:

  • a. Veterinary Care;

  • b. Child Day Care;

  • c. Restaurant/Drinking Establishment;

  • d. Bank or Finance Institution;

  • e. Medical Clinic;

  • f. General Office;

  • g. Personal Services - General;

  • h. Retail - General;

  • i. Food and Beverage Manufacturing - Small; and

  • j. Product Maintenance, Restoration, and Repair

• d. Family Day Care, All

Any family day care must be licensed by the California Department of Social Services.

2. Transient Occupancy

• a. Short-Term Rental

  1. Short-term rentals require a business license in accordance with the City Code (Sec. 50411.) .

  2. The short-term rental of an accessory dwelling unit (ADU) is prohibited in accordance with the City Code (Ord. 4281.) .

540.B. Open Space and Recreation Uses

1. Cemetery

• a. Burial plots must be set back at least 20 feet from a lot line.

• b. Warehouses, storage or maintenance buildings, mausoleums, or columbaria must be set back at least 150 feet from a residential lot line.

• c. Cemetery uses may choose to follow the standards of the Open Lot alternate typology. See Sec. 710.A. Open Lot . Cemetery uses are not subject to the standards of Sec. 710.A.7.a.2. Use Standards and Sec. 710.A.7.a.3 Use Standards.

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540.C. Infrastructure Uses

1. General Public Utility Service Infrastructure

In all Use Modules, utility service uses may choose to follow the standards of the Open Lot alternate typology. See Sec. 710.A. Open Lot .

2. Wireless Telecommunications Facility

a. Stealth Facility

The following standards apply to all stealth facilities:

1. Modification to Existing Facilities and Eligible Facilities Request

• i. Modification of facilities which constitute a substantial increase of size of a tower or base station as defined by the Federal Communications Commission is subject to the modification or establishment of a wireless communication facility permit as defined in Sec. 1160.H. Wireless Telecommunications Facility Permit . A substantial increase in size occurs if:

  • a. The mounting of the proposed antenna on the tower would increase the existing height of the tower by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to avoid interference with existing antennas; or

  • b. The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed 4, or more than 1 new equipment shelter; or

  • c. The mounting of the proposed antenna would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable; or

  • d. The mounting of the proposed antenna would involve excavation outside the current tower site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site.

• ii. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

  • a. Collocation of new transmission equipment;

  • b. Removal of transmission equipment; or

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• c. Replacement of transmission equipment, is considered an eligible facilities request and must be permitted by-right.

2. Fencing

• i. All ground support equipment must be fully screen by split-face decorative block wall and decorative cap.

• ii. Chain-link fencing is prohibited except in active construction phases.

• iii. All fence height must not exceed the maximum height limits for the underlying Subpart 3B. Form Modules

3. Screening

• i. All ground support equipment must be fully screened including but not limited to generators, fuel tanks, equipment cabinets, ice bridges, equipment racks, and lighting. Equipment cabinets do not include remote radio heads/remote radio units, amplifiers, transceivers mounted behind antennas, and similar devices.

• ii. Access to the wireless communications facility lease area must have a minimum width of 10 feet.

4. Signs

Signs must not be placed on any facilities or equipment unless required by law.

5. Operational Standards

i. Maintenance Requirements:

• a. All wireless communication facilities including landscaping and surface areas must be continuously maintained free of weeds, debris, litter or temporary signage.

• b. All graffiti must be removed from the premises within 24 hours of discovery.

ii. Business License Requirements:

• a. All wireless communication facility permittees must demonstrate to the Department of Development Services that they have a business license for operating a wireless communication facility site prior to the finalization of building permits.

• b. All property owners must demonstrate to the Department of Development Services that they have a business license for property rental before finalization of building permits.

• c. Certification of continued use of each approved facility must be submitted on a yearly basis at the time of the facility operator's business license renewal for as long as the facility remains in operation. The certification must indicate that the facility is operating as approved and that the facility complies with the most current Federal Communication Commission (FCC) safety standards. Facilities, which are no longer in operation, must be removed within 90 days after the date of discontinuation.

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iii. Cash Bond Requirements:

• a. Prior to the finalizing of building permit for the construction or modification of a wireless communication facility, the applicant must provide the City with a cash bond for the removal of the facility and any accessory equipment, and rehabilitate the site if that facility is abandoned. The bond amount must be determined by the Administrator and must not be less than 15 percent of construction cost.

• b. The bond must be deposited in an interest bearing account with the City named as co-depositor.

• c. The permittee may petition to the Administrator, no more than once per year, for release of a portion of the funds. The petition must demonstrate to the satisfaction of the Administrator that the value of the account exceeds the amount required to remove the wireless communication facility and rehabilitate the site. After the release of funds, the amount remaining in the account must be equal to or greater than the amount required to remove the wireless communication facility and rehabilitate the site.

• d. Prior to release of funds, the permittee must demonstrate that the wireless communication facility is operating in compliance with this section.

iv. Removal of Abandoned Wireless Communication Facilities:

• a. A written notice of the determination of abandonment must be sent by first class mail, to the permittee of the wireless communication facility at said operator's business address on file with the City.

• b. The operator must remove all facilities within 30 days of the date of such notice, unless within 10 days of the date of said notice, the permittee appeals such determination, in writing, to the Planning Commission.

• c. If the permittee appeals the notice of abandonment, the Administrator must schedule a hearing on the matter to be conducted before the Planning Commission at which time the Commission may affirm, reverse, or modify with or without conditions the original determination of abandonment and must make written findings in support of its decision.

• d. The decision of the Planning Commission may be appealed to the City Council.

• e. At any time after the 30 day period from the date of notice or determination by the Planning Commission or City Council of abandonment, the City may remove the abandoned facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as is appropriate to be in compliance with applicable code.

• f. In removing the wireless communication facility, the City must exercise the easement to enter the property and use the bond proceeds to rehabilitate the site. At the conclusion of the rehabilitation, the City must remove the easement and return the remaining bond money to the permittee or property owner as designated.

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• g. The City may, but is not required to, store the removed facility or any of its parts. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City.

• h. Thirty days from the notice of abandonment date or determination of abandonment date by the Planning Commission or City Council, the wireless communication facility permit for the subject facility will be terminated.

6. Permitted Stealth Facility Types

• i. Faux Trees

  • a. Faux trees must incorporate a sufficient amount of branches per linear foot to create a structure as natural in appearance as technically feasible.

• b. Faux branches and foliage must extend a minimum of one foot beyond antenna panels for the length of the faux tree, as appropriate with the tree species.

  • c. The antennas and antenna support structures must be colored to match the components (branches and foliage) of the proposed faux tree.

  • d. Faux trees must not exceed the maximum height limit for the underlying Subpart 3B. Form Modules .

  • e. Where applicable, the proposed faux tree must match the existing tree line in height and species.

  • f. The highest antenna must be 2 feet below the top of the structure.

ii. Roof-Mounted Facility (New or Co-Location)

• a. Roof-mounted facilities must be hidden by an existing or newly created building or architectural feature, or must be concealed from public viewpoints using architectural features or screening devices, or by siting the facility so that it is concealed from off-site viewpoints.

• b. Roof-mounted facilities must not exceed the maximum height limit for the underlying Subpart 3B. Form Modules .

• c. Roof-mounted facilities must be compatible with the architectural style, color, texture, façade design, and materials of the building. Newly created architectural features must be proportional to the scale and size of the building or structure.

iii. Flush-Mounted Antenna

An antenna for a wireless communication facility may be flush mounted on a building or other structure pursuant to the following standards, and provided that associated equipment is located in manner consistent with the subparagraph below:

• a. Flush-mounted antennas must be designed as a stealth facility and must be compatible with the architectural style, color, texture, façade, and materials of the structure. Panel antennas must not interrupt architectural lines of building facades, including the length and width of the portion of the façade on which it is mounted. Mounting brackets, pipes, and coaxial cable must be screened from view.

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• b. Flush-mounted antennas must not exceed the maximum height limit for the underlying Subpart 3B. Form Modules .

• c. Any flush-mounted antenna attached to a light pole, utility pole, water tank, or similar structure must exhibit the same or improved appearance as the existing local light poles or utility poles.

• d. Flush-mounted antennas must be attached to a vertical surface, except they may be mounted atop a light pole or a utility pole when flush-mounting is physically infeasible. Panel antennas must be mounted no more than 18 inches from building surfaces or poles, must not extend above the height of the building, and must appear as an integral part of the structure.

iv. Other Faux Stealth Facility

• a. Faux structure types, including but not limited to water tanks, flag poles, and light poles, may be used as a stealth facility when that type of structure is commonly found within the local setting of the wireless communication facility.

• b. Faux structures must not exceed the maximum height limits for the underlying zone.

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540.D. General Commercial Uses

1. General

a. Size

A general commercial use establishment or tenant must not exceed the maximum gross square footage requirements as defined:

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----- Start of picture text -----
GROSS SQUARE FOOTAGE (MAX)
Use Module Ground Floor Per Upper Floor Total
RX1 1,000 SF 0 SF 1,000 SF
CX1 2,000 SF 0 SF 2,000 SF
CX2 5,000 SF 0 SF 5,000 SF
CX3 10,000 SF 0 SF 10,000 SF
CX4 Unlimited Unlimited Unlimited
CX5 Unlimited Unlimited Unlimited
IX1 Unlimited Unlimited Unlimited
----- End of picture text -----

2. Food and Beverage

a. Alcohol, All

In addition to the requirements of Sec. 1160.D. Conditional Use Permit , the following standards apply to any alcohol establishment:

1. Promotion

• i. All exterior signage of any kind including interior window signage, which advertises the sale or availability of alcohol, is prohibited.

• ii. The display or sale of alcohol must not be made from an ice tub.

• iii. Storefront windows must be kept clear at all times from paper, paint, cardboard or any other material used for signage.

• iv. All exterior windows must be clear glass with no tinting or window coverings either interior or exterior.

2. Training

• i. All employees who sell alcoholic beverages must complete a training program in alcoholic beverage compliance, crime prevention techniques and the handling of violence.

• ii. All new employees must complete the “Licensee Education on Alcohol and Drugs” training that is provided by the California Department of Alcohol and Beverage Control (ABC) or equivalent responsible beverage service program within 30 days of hire.

3. Site

• i. Loitering or panhandling on the premises is prohibited.

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• ii. Overnight parking of vehicles, including recreational vehicles (RVs) on the premises is prohibited.

• iii. Signs prohibiting overnight parking must be placed throughout the parking lot area.

• iv. Vending machines of any kind must not be installed outdoors within the project site.

• v. Pay telephones must not be installed within the enclosed portion of the premises equipped to receive incoming calls.

• vi. New payphones of any kind must not be installed on the exterior of the premises.

4. Security

• i. Designated areas for storage of beer and wine must be equipped with a locking mechanism.

• ii. Interior and exterior site video surveillance equipment must be provided with signage advising customers that video recording devices are in use.

  • a. Recordings must be digital and recorded in high-definition, kept a minimum of 90 days and must record all activity on surrounding public rights-of-way as well as the subject site.

  • b. Prior to installation of the video surveillance equipment, a video surveillance plan must be approved by the Pomona Police Department.

5. Police and City Contact

• i. All crimes occurring inside and outside of the location must be reported to the Police Department at the time of the occurrence.

• ii. At any time when the licensee is absent from the premises, a responsible party must be designated who can respond to any inquiries from City officials.

• iii. The establishment must provide a list annually of no less than 3 employees, who can be contacted 24 hours a day, to the Pomona Police Department’s Records Bureau. The list of names will be used to facilitate a Police response to the location in the event of an emergency or other problem that requires entry into the location during non-business hours.

6. Noise

There must be no activity conducted on the site that exceeds the noise and vibration parameters of the City Code (Sec. 18-301., Ord. 3939.) at any time, or such other ordinance enacted related to noise and vibration.

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b. Alcohol, Off-Sale

1. Required Liquor License

The establishment must maintain an active Type 20 liquor license, issued by the ABC, and comply with all relevant State and local laws pertaining to the sale and consumption of alcohol.

2. Hours

The establishment must only sell alcohol under the Type 20 license during the hours permitted by the ABC.

3. Off-Sale Type

• i. There must be no beer sold in less than 3 pack quantities.

• ii. The sale of individual cans, bottles, or tapped/keg containers is prohibited.

• iii. Beer or wine must not be sold in containers less than 750mL, unless sold by 4 pack or other manufacturers prepackaged multi-unit quantities.

• iv. The quarterly gross sales of alcoholic beverages must not exceed the gross sales of the convenience market in the same period.

• v. The applicant or other person issued an ABC license for the Premises (“licensee”) must at all times maintain records which reflect separately the gross sales of the convenience market and the gross sales of alcoholic beverages of the licensed business. These records must be kept on a quarterly basis, and must be provided to City officials upon request.

c. Alcohol, On-Sale

1. Required Liquor License

The establishment must maintain an active Type 41 liquor license, issued by the ABC, and comply with all relevant State and local laws pertaining to the sale and consumption of alcohol.

2. Hours

The establishment must only sell alcohol under the Type 41 license during the hours permitted by the ABC.

3. On-Sale Type

• i. Sales of alcoholic beverages under the on-sale privileges of the Type 41 license must be restricted to the interior gross floor area of the eating area, as indicated in the stamped and approved site plan.

• ii. The quarterly gross sales of alcoholic beverages must not exceed the gross sales of food during the same period.

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• iii. The applicant or other person issued an ABC license for the Premises (“Licensee”) must at all times maintain records which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records must be kept on a quarterly basis, and must be provided to City officials upon request.

3. Personal Services

a. Massage

1. Certification Required

i. Massage Establishment

Owners, operators, and managers of Massage Establishments must not allow or provide massages to be administered or performed by any person other than a Certified Massage Practitioner or Certified Massage Therapist holding a valid, current certification from the California Massage Therapy Council (CAMTC).

ii. Massage Technician

It is unlawful for any person to engage in, or carry on the business or activities of a Massage Technician without a certification from the CAMTC as a Certified Massage Practitioner or Certified Massage Therapist.

iii. Off-Premises Massage Service

It is unlawful for any person to own, operate, or maintain an off-premise massage service in the City unless all Massage Technicians employed by the off-premises massage service hold a valid, current certification from the CAMTC as a Certified Massage Practitioner or Certified Massage Therapist.

2. Business License Required

It must be unlawful for any person to operate, manage or otherwise conduct business as a Massage Establishment, or to act in any capacity as a Massage Technician, either directly or indirectly, without obtaining a City of Pomona business license.

3. Massage Establishment Owner Background Check Required

• i. Any person, association, partnership, or corporation desiring to operate a Massage Establishment, that owns or will own 5 percent or more of the Massage Establishment, and that is not a Certified Massage Practitioner or Certified Massage Therapist, must submit an application to the Development Services Director for an investigation of the applicant's background and history. A nonrefundable fee, in an amount set by resolution, must accompany the submission of each application to defray the cost of investigation, inspection and enforcement of Sec. 540.D.2.a. Massage . An annual nonrefundable renewal fee must be charged to defray associated costs of investigation, inspection and enforcement.

• ii. Each applicant for a background check must submit the following information:

  • a. Applicant’s full legal name and any other names used by the applicant.

  • b. Applicant’s present address and telephone number.

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• c. Applicant’s Driver's license number and social security number.

• d. The proposed address of the Massage Establishment.

• e. Each residence and business address of the applicant for the three years immediately preceding the date of the application, and the inclusive dates for each address.

• f. Proof that the applicant is at least 18 years of age.

• g. Applicant's height, weight, hair color, and eye color.

• h. Two photographs of the applicant at least 2 inches by 2 inches taken within 4 months preceding the date of the application.

• i. Applicant's business, occupation and employment history for the 5 years immediately preceding the date of application.

• j. The business license or permit history of the applicant, including: whether the applicant has ever had any license or permit issued by any agency or board, City, county or state revoked or suspended; and whether the applicant had any professional or vocational license or permit revoked or suspended and the reason(s) for the revocation or suspension.

• k. All criminal convictions and a statement of the dates and places (City and state) of such convictions.

• l. If the applicant is a corporation, the name of the corporation must be set forth exactly as shown in the articles of incorporation or charter, together with the state and date of incorporation and names and residence addresses of each of its current officers and directors, and each stockholder holding more than 5 percent of the stock of the corporation. If the applicant is a partnership, the application must set forth the names and residence addresses of each of the partners, including the limited partners. If the applicant is a limited partnership, it must furnish a copy of its certificate of limited partnership filed with the county clerk. If one or more partners is a corporation, the provisions of Sec. 540.D.2.a. Massage pertaining to corporate applicants will apply. The applicant corporation or partnership must designate one of its officers or general partners to act as its responsible managing officer. Such person must complete and sign all application forms required of any individual applicant under this Sec. 540.D.2.a. Massage .

• m. The full legal names and other names used, the present addresses and telephone numbers, driver's license numbers, and social security numbers, and state certificates from the CAMTC or transitional licenses for all Massage Technicians who will be working as employees or independent contractors at each Massage Establishment location. The applicant must provide the Director with any changes in the Massage Technicians that work at the Massage Establishment during the permit period within 10 working days of each change.

• n. The Development Services Director may require the applicant to furnish fingerprints when needed for the purpose of verifying identification.

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• o. Such other identification and information as may be required by the Director in order to verify the information to be included in the application.

• iii. The City must investigate the information on the application within 60 days. During the investigation of the background information, a City representative including, without limitation, a member of the Police Department, Fire Department, Building and Safety Division, Planning Division, or any authorized representative thereof, may inspect, with or without notice during regular business hours, the proposed place of business to determine whether it conforms to the requirements of this section. Upon completion of the inspection, the City representative must inform the Development Services Director in writing of the findings of the inspection.

• iv. Background clearance will be issued, within 60 days of receipt of the application, to any applicant who has furnished all of the information required by Sec. 540.D.2.a. Massage in the application for such license, provided:

  • a. The applicant has not made a material false statement in the application and that all Massage Technicians who will be working as employees or independent contractors at each Massage Establishment permit location possesses certification from the CAMTC as a Certified Massage Practitioner or Certified Massage Therapist.

  • b. The applicant, if an individual, or in the case of an applicant which is a corporation or partnership, any of its officers, directors, holders or 5 percent or more of the corporation's stock, has not, within 5 years immediately preceding the date of the filing of the application been convicted in a court of competent jurisdiction of any of the following offenses: any offence under the California Penal Code (Sec. 243.4., 261., 266a. through 266j., 267., 314. to 316., 318., or 647(a., b., d.) ; any offense requiring registration under the California Penal Code (Sec. 290.) or the California Health and Safety Code (Sec. 11590) ; any felony offense involving the possession, possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in the California Health and Safety Code (Sec. 11054 to 11058) , as amended; any offense in another state which, if committed in California, would have been punishable as one or more of the heretofore mentioned offenses; any offense involving the use of force or violence upon the person of another; or any offense involving theft, embezzlement or moral turpitude.

  • c. The applicant is at least 18 years of age.

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• d. The applicant has not had a Massage Technician, Massage Establishment, escort service, nude entertainment, nude photo studio or similar type of license or permit suspended within one year or revoked within 3 years immediately preceding the date of the filing of the application, unless the applicant can show a material change in circumstances or that mitigating circumstances exist since the revocation or suspension.

4. Additional Requirements

Before operating a Massage Establishment in the City, Massage Establishment owners must comply with all applicable codes adopted by the City, including, without limitation, the building, electrical, and plumbing codes.

5. Display of Permit

Any owner of a Massage Establishment or off-premise massage service must display the CAMTC certificates for all Massage Technicians prominently in a conspicuous place, capable of being viewed by customers or City representatives, at every location where massage is performed or conducted. For off-premise massage services, massage workers must also carry a copy of their CAMTC certificate and display it to customers upon request.

6. Prohibited Conduct

Owners of Massage Establishments or off-premise massage services, or Massage Technicians, must not conduct or allow any of the following activities:

• i. It is unlawful for any Massage Technician or any other employee working in a Massage Establishment or for an off-premise massage service, or customers, patrons, or guests of the establishment or service, to engage in any specified sexual activities upon the premises of the Massage Establishment or the off-premise massage location.

• ii. It is unlawful for any Massage Technician or other employee of a Massage Establishment to expose specified anatomical areas in the presence of any patron, customer, or guest.

• iii. In the course of administering the massage, it is unlawful for any Massage Technician or other Massage Establishment employee to make intentional physical contact with the specified anatomical areas of any customer, patron or guest.

7. Facilities and Operations

It is unlawful for any Massage Establishment to operate unless the Massage Establishment premises and operation comply with the following minimum requirements:

i. Signs

A readable sign must be posted at the main entrance identifying the establishment as a Massage Establishment, provided, however, that all such signs must otherwise comply with the sign requirements of the Code or any adopted specific plan area regulations. Any posted signs which are in a language other than English must also be posted in English.

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• ii. Each service offered, the price thereof, and the duration of each service must be posted in English and such other languages as may be convenient to communicate such service, in a conspicuous location in each Massage Establishment. No services will be performed and no sums will be charged for such services other than those posted. Nothing herein prohibits patrons from paying gratuities.

iii. Lighting

Minimum lighting must be provided in accordance with the California Building Code, as adopted by this Code. Additionally, at least one unobstructed artificial light of not less than 900 lumens must be provided in each enclosed room or booth where massage services are being performed on a patron.

iv. Ventilation

Minimum ventilation must be provided in accordance with the California Building Code, as adopted by the City Code.

v. Disinfection of Instruments

Instruments used for massage must be disinfected before each use. Where instruments for massage are employed, adequate quantities of supplies for disinfection must be available during all hours of operation.

vi. Water

Hot and cold running water must be provided at all times.

vii. Linen Storage

Closed cabinets must be utilized for the storage of clean towels and linen. After use, towels and linen must be removed and stored in a separate container until laundered.

viii. Sanitary Conditions

All walls, ceilings, floors, steam and vapor rooms, and all other physical facilities for the Massage Establishment must be kept in good repair and be maintained in a clean and sanitary condition.

ix. Clean Linen

Clean and sanitary towels and linens must be provided for patrons receiving massage services. No common use of towels or linens is permitted.

x. Compliance with Laws

The premises to be used must at all times comply with all applicable State and local laws and regulations.

• xi. The premises licensed as a Massage Establishment must not be used for any other business or purpose. Any room in which a Massage Establishment provides massage services must not be used for residential sleeping purposes.

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• xii. A register of all individuals employed as Massage Technicians, and copies of their current CAMTC certifications and Massage Technician business licenses, must be maintained and available for inspection at all times during regular business hours.

• xiii. Each person present in any area of the Massage Establishment, other than the waiting area or other areas open to any member of the public, must be a Certified Massage Practitioner or Certified Massage Therapist or the Massage Establishment owner.

• xiv. The permits and certifications required by this section must be displayed in an open and conspicuous public place on the premises.

• xv. Massage Establishments must only be open for business only between the hours of 7AM and 10:30PM. A massage started at any time before 10:30PM must nevertheless terminate at 10:30PM. The hours of operation must be displayed in a conspicuous public place in the lobby within the Massage Establishment and in any front window clearly visible from the outside of the Massage Establishment. Patrons and visitors must only be in the Massage Establishment during business hours.

8. Exceptions

Sec. 540.D.2.a. Massage does not apply to the following classes of individuals, and no CAMTC certification is required of such persons, while engaged in the performance of the duties of their respective professions:

• i. Acupuncturists who are duly certified to practice their profession in the state of California.

• ii. Barbers, beauticians, and cosmetologists with respect to scalp massage, who are duly permitted pursuant to the California Business and Professions Code (Sec. 7301., et seq.) , in accordance with the limitations of their permits.

• iii. Nurses who are registered as such under the laws of the state of California.

• iv. Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly permitted to practice their respective professions in the state of California, or provide professional services in lawful compliance with the California Corporations Code (Sec. 13401 (a).) .

9. Public Nuisance Abatement

Any Massage Establishment operated, conducted or maintained contrary to the provisions of Sec. 540.D.2.a. Massage is unlawful and a public nuisance. The City Attorney is authorized, in addition to or in lieu of any other legal or criminal proceedings, to commence an action or proceeding for abatement, removal or enjoinment of such Massage Establishment in the manner provided by law. The City Attorney may seek a court order to grant such relief to abate or remove such Massage Establishments and restrain and enjoin

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any person from operating, conducting or maintaining such an establishment contrary to the provisions of this section.

10. Revocation

i. Grounds for Revocation.

In addition to the grounds for business license revocation set forth in the City Code (Ch. 50., Art. VIII., Div. 2.) , the Development Services Director or City Attorney may revoke business licenses issued to Massage Technicians or Massage Establishments for one or more of the following grounds:

a. Fraud or Deceit

That the applicant practiced fraud or deceit in obtaining an approval under Sec. 540.D.2.a. Massage .

b. Inspections

That the applicant has refused, delayed, or interfered with, inspections or compliance verification by representatives of the City, County, or State.

c. Violation of Chapter

That the Massage Establishment owner, operator, Massage Technician, or its employee violated a provision or provisions of this section.

d. Criminal Conviction

That the Massage Establishment owner, operator, Massage Technician, or its employee has been convicted in a court of competent jurisdiction of any offense described in Sec. 540.D.2.a. Massage .

e. Improperly Maintained Facilities

That the facilities and operations of the Massage Establishment are not kept in compliance with this section, and that the owner or operator has failed to promptly remedy any deficiency of which they have been notified. For purposes of this subsection, "notice" means notice given personally or by leaving notice at the Massage Establishment premises, or by first class mail, postage prepaid, to the address designated by the Massage Technician or establishment in accordance with Sec. 540.D.2.a. Massage ;

f. Employment of Uncertified Technicians

That the Massage Establishment has employed, allowed or permitted an uncertified person to perform massage in the Massage Establishment;

g. Error

That the approval was issued in error.

h. Civil Penalties

Assessment of 3 or more civil penalties as provided by Sec. 540.D.2.a. Massage during any 6 month period.

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i. Prohibited Conduct

A Massage Establishment owner, operator, Massage Technician, or its employee or agent has been found to have engaged in prohibited conduct in violation of Sec. 540.D.2.a. Massage .

ii. Notice and Hearing of Revocation

Notice and hearing for the revocation of a Massage Technician’s or Massage Establishment’s business license must be pursuant to the City Code (Ch. 50., Art. VIII., Div. 2.) .

11. Civil Penalties

• i. Any person violating any provision of Sec. 540.D.2.a. Massage is liable in a civil action brought by the City Attorney for an amount up to $500 per violation. Such person is also liable for reasonable attorneys' fees and costs incurred by the City Attorney in any civil proceeding filed to enforce Sec. 540.D.2.a. Massage .

• ii. Enforcing Sec. 540.D.2.a. Massage through civil action may be filed as an alternative to criminal enforcement. Civil enforcement does not require the violation to be knowing or willful. A civil action must not be filed if the person is being criminally prosecuted.

• iii. Each violation of Sec. 540.D.2.a. Massage is a separate offense subject to the civil penalty.

• iv. The City Attorney may settle any civil enforcement before or after to the filing of a civil action by imposing a civil penalty in an amount not exceeding the potential civil liability, including attorneys' fees, set forth in Sec. 540.D.2.a. Massage . If such civil penalty is paid in full, the City Attorney can agree not to file civil or criminal actions or, if action has already been filed, may dismiss such action. Imposition of all civil penalties is public record.

• v. All civil fines must be deposited into the General Fund.

4. Adult-Oriented Business

a. General

1. Location

• i. An adult-oriented business must not be located within a radius of:

  • a. 750 feet of any other adult-oriented business property line; or

  • b. 1,000 feet of any existing residential lot line.

2. Size

• i. An adult book store, adult merchandise store, or modeling studio must have a gross floor area of at least 1,000 square feet.

• ii. Any other adult-oriented businesses, including an adult motion picture theater, live entertainment, cabaret, or arcade must have a gross floor area of at least 3,000 square feet.

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iii. An adult-oriented business structure must not exceed 2 stories or 35 feet in height.

3. Noise

The premises must provide sufficient sound-absorbing insulation so that any noise generated is not audible anywhere on any adjacent property or public right-of-way, or within any other building or separate unit within the same building.

4. Lighting

• i. Any off-street parking area and premises entries must be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of 1 foot candle on the parking surface and walkways.

• ii. The lighting must be shown on the required sketch or diagram of the premises.

5. Signs

• i. The operator must post "No Loitering" and "No Consumption of Alcohol on the Premises" signs in the parking lot area and on the exterior wall of the building.

• ii. Any advertisements, displays or other promotional materials depicting or describing "specified anatomical areas" or "specified sexual activities" or displaying instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities" must not be visible to the public from any public right-of-way or any other exterior location.

iii. Any proposed exterior signage must comply with Sec. 630. Signs .

6. Operational Standards

• i. The observation of any activities depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" must not be visible from any public right-ofway or any other exterior location including any display, decoration, sign, show window or other opening.

• ii. Any exterior door or window on the premises must not be propped or kept open at any time while the establishment is open.

• iii. No person under the age of eighteen 18 is permitted within an adult-oriented business.

• iv. Any adult-oriented business building entrance must be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. The notice must be constructed and posted to the satisfaction of the Development Services Director.

• v. The on-sale of alcohol is prohibited at all times during the operation of an adultoriented business without the approval of a conditional use permit. See Sec. 1160.D. Conditional Use Permit .

vi. Hours

• a. An adult-oriented retail store must not operate outside the hours of 10:00 a.m. to 10:00 p.m.

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• b. Any other adult-oriented business, except adult motels/hotels, must not operate outside the hours of 10AM and 12AM.

7. Interior

• i. All areas of the adult-oriented business where patrons are permitted, except restrooms, must be open to view by the management at all times.

• ii. All areas must be illuminated as follows:

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INTERIOR AREA FOOTCANDLES (MIN)
Bookstore and Retail 20
Theater and Cabaret 5
During Performance 1.25
Arcade 10
Modeling Studio 20
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b. Adult Arcades

1. Interior

• i. Restrooms must not contain video or television equipment.

• ii. All interior areas where patrons are permitted must be within a direct line of sight of the manager's station, except restrooms.

iii. Viewing Rooms and Booths

• a. All walls and partitions between the viewing rooms and booths must be maintained in good repair at all times, with no holes between booths that would allow viewing and physical contact between occupants.

• b. All walls or partitions between the viewing rooms and booths must be suspended between 16 inches and 4 feet above the ground.

• c. A viewing booth must not exceed 9 square feet in area

c. Adult Cabarets and Adult Theaters

1. Interior

• i. All stages must be raised at least 18 inches above the floor level.

• ii. Fixed rails, at least thirty 30 inches in height, must be provided to separate entertainers and patrons.

• iii. No patron is permitted within 6 feet of the stage while the stage is occupied by an entertainer in accordance with City Code (Ord. 4031.) .

• iv. Separate and dedicated dressing rooms must be provided for entertainers. No guest or customer are permitted to enter any dressing room at any time.

• v. A separate and dedicated entrance and exit must be provided for entertainers.

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vi. Dedicated Stage Access

• a. Dedicated access for entertainers between the stage and the dressing rooms, which is completely separated from the patrons must be provided.

• b. Where separate access is infeasible, a walk aisle at least 3 feet wide must be provided for entertainers between the stage and dressing rooms. A railing or other physical barrier separating the patrons and entertainers must be provided to prevent any physical contact between patrons and entertainers.

540.E. Auto-Oriented Commercial Uses

1. Electric Vehicle Charging Station (EVCS)

• a. Only permitted in conjunction with another allowed primary use;

• b. Must be located within a parking area.

• c. Must not be located within a Build-to zone.

• d. Must not cause any net loss of tree canopy or landscaping on the site.

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540.F. Production-Oriented Industrial Uses

1. Production, All

a. Shore Power

See Sec. 540.C.1.a. Shore Power .

b. Additional Permit Requirements

The operator must submit a floor plan and business operations plan.

c. Operational Standards

1. Production and supportive uses must not take place anywhere outside of a permitted structure on the property, except for employee-based break areas and employee food services.

2. Production uses must not exceed the noise standards established in the City Code .

3. A production use must provide evidence of the following to City officials upon request:

   • i. Bicycle lockers for employees.

   • ii. At least 1 interior and 1 exterior break room, with a minimum square footage of 100 square feet for each break room.

4. A production and supportive use must not include a spray booth, except where authorized by the South Coast Air Quality Management District.

d. Permitted Supportive Uses

1. The following supportive uses are permitted in conjunction with a production use:

   • i. Shipping

   • ii. Receiving

   • iii. Material/product storage

   • iv. Office, break room, conference room, and employee food service.

2. Product Maintenance, Restoration, and Repair

In the RX1, CX1, CX2, CX3, CX4, and CX5 Use Modules, product maintenance, restoration, and repair uses are subject to the following:

• a. Maximum establishment size: 4,000 gross square feet.

• b. Automotive repair and small engine repair uses are prohibited.

• c. Carpet cleaning is prohibited.

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540.G. Urban Agricultural Uses

1. Animal Keeping

a. General

No animal keeping use is permitted within a required setback of required frontage yard.

b. Bees

The keeping of bees will be subject to the following requirements:

1. Bees must be maintained in hives consisting of moveable frames and combs;

2. No more than 2 hives must be maintained on a lot;

3. Hives must be kept in sound and usable condition at all times;

4. Hives must be located at least 5 feet from all property lines;

5. Hive entrances or openings must be oriented away from neighboring properties;

6. Hives must be continually managed to provide adequate living space for the resident bees in order to prevent swarming;

7. A water source for bees must be provided, at all times, on the property where the bees are kept to discourage bee visitation at swimming pools, hose bibs, and other water sources on other property;

8. Hive maintenance materials or equipment must be stored in a sealed container or placed within a building; and

9. Bees and hives will be considered a public nuisance when any of the following occurs:

   • i. A colony of bees exhibit defensive, objectionable behavior or interfere with the normal use of neighboring property.

   • ii. Bees or a hive do not conform to this Code.

iii. A hive becomes abandoned by resident bees or by the owner.

c. Kennel

1. The premises must be kept in a clean and sanitary manner by the daily removal of waste and by the use of spray and disinfectants to prevent the accumulation of flies, the spread of disease or offensive odor.

2. Kennels must conform to all the regulations contained in the County Code related to kennels, including but not limited to Noise Abatement and Control, Animal Control and Permit Fees and Procedures.

3. Animal odors must not be detectable beyond the lot lines of the property wherein the kennel is located.

4. Dust and drainage from the kennel enclosure must not create a nuisance or a hazard to

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adjoining property or uses.

5. The kennel enclosure must be screened by a nontransparent fence of a minimum 6 feet in height.

6. Grooming services for the animals being boarded may be allowed as an incidental use provided the grooming services are conducted indoors.

d. Domestic Animal, Small

1. Any animal must not be maintained on an area of less than 6,000 square feet.

2. Pens, coops, hutches, and other areas must be maintained in a clean and sanitary manner and must at no time become a source of offensive odors transmitted to adjacent properties.

3. Minimum Enclosure/Outdoor Pen Size

i. Poultry

• a. Coop Size: 4 square feet

• b. Run Size: 10 square feet per bird

ii. Rabbits

• a. Hutch Area: 12 square feet per rabbit minimum

• b. Hutch Height: 2 feet minimum

iii. Pigs

Pen Size: 120 square feet per pig

iv. Goats and Sheep

Pen Size: 200 square feet per goat

4. Number of Animals

The number of animals must not exceed the following:

i. Poultry

15 animals maximum

ii. Rabbits

15 animals maximum

iii. Pigs

6 animals maximum

iv. Goats and Sheep

6 animals maximum

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e. Domestic Animal, Large

1. Any animal must not be maintained on an area of less than 14,520 square feet (1/3 acre).

2. The number of animals must not exceed 4 adult animals and their immature offspring.

3. Any animal must have an enclosure size of at least 650 square feet per animal.

4. Any open enclosure for any animal must be at least 30 feet from the nearest dwelling unit, except for the animal owner's residence.

5. Any open enclosure must be setback at least 30 feet from any street except for an alley.

2. Urban Farm

a. Additional Permit Requirements

1. Any urban farms must obtain a business license and land use permit with the City of Pomona.

2. The urban farm operator must submit a maintenance plan and animal care plan, if applicable, including the maintenance schedule of the site and animals, the removal of animal waste, weeds, and debris.

3. The urban farm operator must submit a composting plan for any active composting proposed on-site.

b. Site

1. The urban farm or urban garden must abide by Sec. 18-222 (Public Nuisance) in the City Code.

2. Building coverage must not exceed 20% of the proposed urban farm net area, including accessory structures (i.e. tool sheds, gazebos, shipping containers, restrooms, etc.).

3. The urban farm must be designed and maintained to ensure that water will not drain to adjacent properties or the public right-of-way.

4. The urban farm or urban garden must be designed and maintained to prevent dust and other fugitive particles from leaving the site.

5. Where animals are present, permanent fencing must be provided around the urban farm or urban garden perimeter, and must meet the standards of the Sec. 620.B. Transition Bufers Sec. 620.C. Frontage Screens .

6. A pedestrian walkway at least 5 feet wide must be provided from the public right-of-way to the urban Farm or urban garden. The walkway must be clearly marked and made from a decorative compacted material, such as decomposed granite, or a decorative pervious surface.

i. Exceptions

• a. An urban farm located to the rear of a street-facing building may be allowed to provide access to the urban farm through a structure.

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• b. An urban farm located to the rear of a street-facing building may be allowed to provide access to the urban farm through a public alley.

7. Any storage structure for tools, equipment, or other materials, must be fully enclosed and located outside of the required setbacks of the zoning district where the urban farm is located, and must abide by the base zoning district setback standards for accessory structures.

8. Any storage structure for tools, equipment, or other materials, must be enclosed and located outside of the required setbacks of the zoning district where the urban farm is located, and must abide by the base zoning district setback standards for accessory structures.

9. All on-site lighting must be shielded, directed away from any adjoining properties and public rights-of-way, and meet the standards of Sec. 640.A. Outdoor Lighting .

c. Operational Standards

1. The use of pesticides, insecticides, and fungicides are prohibited.

2. In the R1 and RX1 use modules, the use of commercial grade machinery or mechanized equipment is expressly prohibited except in the initial preparation of the land and as necessary for seasonal transitions and compost health.

3. The hours of operation must be limited to the hours between one hour before sunrise and one hour after sunset.

d. Composting Standards

1. Active compost and compost receptacles must be located at least 15 feet from any interior property line, and must not be located within any designated setback area of the zoning district in which the urban farm is located.

2. Composting activities must be conducted in a manner that does not create a nuisance (generation of noise, odors, insects, etc.) nor impact the public health, safety, or welfare of persons within the area surrounding the urban farm, or its participants, employees, or staff.

3. The scale of the composting activity must be consistent with the fertilizer requirements for the related urban farm the composting activity is intended to serve.

4. Feedstock inputs may only be imported to the site for purposes of maintain the health of compost as a soil resource for the urban farm.

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Sec. 550. Accessory Uses and Structures

550.a. General Provisions

1. Allowed

• a. The table in Sec. 520.C. Allowed Use Table lists allowed accessory uses and structures by Use Module.

• b. An accessory use or structure is one which exists incidental to and directly associated with the principal permitted use on a lot, allowing for the flexibility of multi-use developments and facilities. To qualify as an accessory use, a use cannot exceed 50% of the gross floor area of the primary permitted use on a site.

2. Permit Required

All accessory uses and structures must obtain a permit pursuant to the procedures described in Sec. 1170.C. Ministerial Permit , unless otherwise noted in Sec. 550.C. Standards .

3. Accessory Uses and Structures Not Listed

An accessory use or structure not specifically listed in Sec. 520.C. Allowed Use Table is not allowed unless the Development Services Director determines the use:

• a. Is clearly incidental to and customarily found in connection with an allowed primary use;

• b. Is subordinate to and serving an allowed primary use;

• c. Is subordinate in area, extent and purpose to the primary use served;

• d. Contributes to the comfort, convenience or needs of occupants, business or industry in the primary use served; and

• e. Is located on the same lot as the primary use served.

4. Module Standards for Accessory Structures

• a. Accessory structures must meet the coverage, setback and maximum height requirements of the Subpart 3B. Form Modules .

• b. New construction accessory structures are only permitted in a side or rear yard.

550.B. Defined

1. Shed

A simple roofed structure used as a storage space or a workshop. Similar structures which are sited on gravel pads or skids are also considered sheds. A structure meeting this definition which is able to fit a parked car inside, and which includes a garage door, will be considered to be a garage.

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2. Carport

An accessory structure or portion of a main structure, open on at least 2 sides, designed for the shelter or storage of motor vehicles. A carport is considered a parking area for the purposes of measuring Automobile Parking (Sec. 610.C) .

3. Patio

A structure with open or glazed walls that is only used for recreational, outdoor living purposes.

4. Sunroom

A one-story structure attached to a dwelling unit with a glazing area in excess of 40 percent of the gross area of the structure's exterior walls and roof.

5. Garage

An accessory structure or portion of a main structure, enclosed on 3 or more sides, designed for the shelter or storage of motor vehicles. A carport is considered a parking area for the purposes of measuring Automobile Parking (Sec. 610.C) .

6. Outdoor Dining Area

A seating area specifically designed for the consumption of food or drink, typically associated with a restaurant, and which is either:

• a. Located entirely outside the walls of the associated building;

• b. Enclosed on two or fewer sides by walls, with or without a solid roof cover; or

• c. Enclosed on three sides by walls without a solid roof cover.

7. Certified Farmers' Market

A retail use involved in the sale or dispensing of agricultural products by producers or certified producers directly to consumers or to individuals, organizations, or entities that subsequently sell or distribute the products directly to end users. Certified farmers' markets must be certified by the Los Angeles County Agricultural Commissioner.

8. Swimming Pool

Any structure, chamber, or tank containing a body of water intended for swimming, diving, or bathing.

9. Home Occupation

The secondary use of a dwelling unit for the purpose of conducting a business enterprise by a resident of the dwelling unit.

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10. Cottage Food Operation

An enterprise that is registered with, or permitted by, the County of Los Angeles, Department of Public Health, as a “Cottage Food Operation,” as defined in California Health and Safety Code (Sec. 113758) , as may be amended.

11. Home-Based Business

The secondary use of a dwelling unit for the purpose of conducting a business enterprise by a resident of the dwelling unit, with a greater degree of activity than home occupation. This definition does not include businesses conducted within an Accessory Commercial Unit (ACU).

12. Accessory Commercial Unit (ACU)

The secondary use of a single-unit home's garage for the purpose of conducting a business enterprise that is operated by the homeowner, with a greater degree of activity than a home-based business.

13. Accessory Dwelling Unit (ADU)

An attached or a detached secondary dwelling unit that provides complete independent living facilities for one or more persons and is located on a the same lot as a proposed or existing primary dwelling. An ADU is not a JADU.

14. Junior Accessory Dwelling Unit (JADU)

An accessory dwelling unit created out of a space within an existing single-unit primary dwelling that includes a small kitchen, an interior entrance from the primary dwelling, and a dedicated exterior entrance. A JADU is not an ADU, and may include its own bathroom or share one with the primary dwelling.

15. Outdoor Storage

The incidental open outdoor storage of materials associated with a permitted, primary use only.

550.C. Standards

1. Shed

Sheds are permitted without a permit as an accessory use in all Use Modules, subject to the following standards:

• a. Form

  1. Maximum height: 12 feet

  2. Maximum size: 120 gross square feet

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• b. Placement

  1. Number allowed: 1 per 2,000 square feet of lot area

  2. Must be within a rear yard only

  3. Setback from side or rear lot line: 5 feet

2. Patio

A Patio must only be used for recreational, outdoor living purposes and not as carports, garages, storage rooms, or habitable space.

3. Outdoor Dining Area

Outdoor dining areas are permitted accessory to food and beverage uses, subject to the following standards:

• a. Outdoor dining areas must not obstruct or interfere with required pedestrian, bicycle, or vehicular circulation areas.

• b. Outdoor dining areas must not encroach upon the public right-of-way.

• c. Outdoor dining areas must be adequately secured and lockable outside normal hours of operation.

4. Certified Farmers' Market

Certified farmers' markets are permitted accessory to any other permitted primary use, subject to the following standards:

• a. The operator is limited to certified producers, non-profit organizations, and local government agencies.

• b. If selling eggs, honey, fish and other seafood and freshwater products, live plants, and other agricultural products, the market operator and producer must secure all necessary licenses, certificates and health permits which are required to sell these products directly to consumers, provided these products are raised, grown, caught, and processed, if necessary, in California.

• c. Safety barricades must be provided to separate and protect vendors and their customers from moving vehicles wherever active motor vehicle use areas and farmer's market activities are not separated by a permanent curb.

• d. Trash containers must be provided during the hours of operation.

• e. Any portion of the lot used for market activities must be cleaned at the close of hours of operation, including the removal of stalls, materials, debris, and trash used in conjunction with market activities.

• f. (EBT) card payments must be accepted by all vendors for all hours of operation. A Food and Nutrition Service (FNS) Number issued by the United States Department of Agricultural must be available at the public’s request as proof of Electronic Benefit Transfer (EBT) card acceptance.

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• g. Certification of the Certified Farmers’ Market and contact information for the operator must be posted at the main entry, and otherwise available at the public’s request. The contact person must be available during the hours of operation and must respond to any complaints. The operator must keep a log of complaints received, the date and time received, and their disposition.

5. Swimming Pool

Swimming pools are allowed accessory to residential uses in all Use Modules, subject to the following standards:

• a. Swimming pools, including mechanical equipment, must not be located within 5 feet of a rear, side, or street side lot line.

• b. Swimming pools must not be located within any utility easement.

• c. Swimming pools larger than 150 square feet in water surface area must be located at least 5 feet from any wall of a primary structure.

• d. Swimming pools located in the IX1 Use Module must be located indoors.

6. Home Occupation

Home occupations are allowed accessory to all dwelling unit uses in all Use Modules.

a. General

1. At least 1 person engaged in a home occupation must reside in the dwelling unit where the home occupation takes place.

2. No more than 1 vehicle used in association with the home occupation is permitted to be parked on-site at any time.

3. A home occupation permit is not transferable. A permit for each new home occupation must be applied for.

b. Design

Any home occupation must be confined entirely to one room in the dwelling and the entrance to such space must be within the dwelling unit.

c. Allowed Uses

Only the following uses are permitted as a home occupation businesses:

1. General Office

2. Personal Service - General

3. Retail - General: Online sales only.

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d. Employees and Customers

1. No more than 1 non-resident employee is allowed on site at a given time.

2. No more than 1 customer or client is allowed on site at a given time.

3. Customers or clients are only allowed between the hours of 7AM and 7PM.

e. Deliveries

The use of commercial vehicles for the delivery of materials or equipment to or from the premises is expressly prohibited.

7. Cottage Food Operation

Cottage food operations are allowed accessory to all dwelling unit uses in all Use Modules.

a. General

1. At least 1 person engaged in a cottage food operation must reside in the dwelling unit where the cottage food operation takes place.

2. No more than 1 vehicle used in association with the cottage food operation is permitted to be parked on-site at any time.

3. A cottage food operation must be permitted by the Los Angeles County Department of Public Health and must operate in a manner consistent with the restrictions imposed by the County of Los Angeles, Department of Public Health.

4. Cottage food operations may sell food products permitted of the type and in the manner consistent with the class of operation as permitted by the County of Los Angeles, Department of Public Health.

5. A cottage food operation permit is not transferable. A permit for each new cottage food operation must be applied for. Notwithstanding the foregoing, a cottage food operation permit is not transferable between:

   • a) Persons;

   • b) Locations;

   • c) Change in class; and

   • d) Types of distribution.

6. There must not be more than one cottage food operation permit in any dwelling unit.

b. Design

1. Any cottage food operation must be confined entirely to one room in the dwelling and the entrance to such space must be within the dwelling unit.

2. Any cottage food operation must only cover the registered or permitted area, as permitted by the County of Los Angeles, Department of Public Health.

3. Any use of commercial kitchen equipment for cottage food operations must comply with all

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Federal, State, and local laws.

c. Employees and Customers

1. No more than 1 non-resident employee is allowed on site at a given time.

2. No more than 1 customer or client is allowed on site at a given time.

3. Customers or clients are only allowed between the hours of 7AM and 7PM, and in a manner consistent with requirements of the County of Los Angeles, Department of Public Health.

d. Deliveries

Any cottage food operation may have delivery of materials or equipment subject to the following limitations:

1. No deliveries by any commercial vehicle may occur between the hours of 6PM and 8AM;

2. No more than 1 delivery vehicle may visit the site at the same time, and no more than 3 commercial vehicles may visit the site per day;

3. Any delivery vehicle must comply with local residential parking, stopping, noise, and size restrictions.

e. Storage

Any cottage food operations may store food and associated products in the manner consistent with requirements of the County of Los Angeles, Department of Public Health, and with all applicable State, County, and local laws.

8. Home-Based Business

Home-based businesses are allowed accessory to all dwelling unit uses in all Use Modules.

a. General

1. No more than 1 home-based business is allowed per dwelling unit.

2. At least 1 person engaged in a home-based business must reside in the dwelling unit where the home-based business takes place.

3. No more than 1 vehicle used in association with the home-based business is permitted to

   • be parked on-site at any time.

4. Any activities related to the business must take place within the dwelling unit or an otherwise allowed enclosed accessory structure (such as a shed or enclosed garage).

5. The urban farm or urban garden must abide by Sec. 18-222 (Public Nuisance) in the City Code.

b. Design

Any home-based business must be confined entirely to one room in the dwelling and the entrance to such space must be within the dwelling unit.

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c. Allowed Uses

Only the following uses are permitted as home-based businesses:

1. General Office

2. Personal Service - General

3. Retail - General

d. Employees and Customers

1. No more than 3 non-resident employees are permitted on site at a given time.

2. No more than 4 customers or clients are permitted on site at a given time.

3. No more than 20 customers or clients are permitted to visit a home-based business within a 24-hour period.

4. Customers or clients are only allowed between the hours of 7AM and 7PM.

e. Deliveries

Any home-based business may have delivery of materials or equipment subject to the following limitations:

1. No deliveries by any commercial vehicle may occur between the hours of 6PM and 8AM;

2. No more than 1 delivery vehicle may visit the site at the same time, and no more than 1 commercial vehicle may visit the site per day;

3. Any delivery vehicle must comply with local residential parking, stopping, noise, and size restrictions.

9. Accessory Commercial Unit (ACU)

ACUs are permitted as accessory to any single-unit home located in the R1 Use Module.

a. General

1. No more than 1 ACU is permitted per single-unit home.

2. At least 1 person engaged in an ACU must reside in the single-unit home associated with the ACU.

3. All activities related to the business must take place within the ACU structure.

4. No equipment or process is permitted in connection with the ACU unit that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses, off the premises.

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b. Allowed Uses

Only the following uses are allowed within an ACU:

1. Child Day Care;

2. Medical Clinic;

3. General Office;

4. Personal Services - General;

5. Retail - General; and

6. Food and Beverage Manufacturing - Small.

c. Design

1. Maximum structure height: 12 feet

2. Maximum area of use: 600 gross square feet

3. Location: ground story garage conversion only

4. Must have a direct ADA-accessible entrance separate from any entrance in connection with the single-unit home.

5. Must not allow customer access to the single-unit home.

6. Any interior areas accessible to customers must be fully finished and conditioned.

7. An ACU must not be concurrently used as a garage as defined in Sec. 550.B.5. Garage .

d. Employees and Customers

Customers or clients are only allowed between the hours of 7AM and 10PM.

e. Deliveries

Any ACU may have delivery of materials or equipment subject to the following limitations:

1. No deliveries by any commercial vehicle may occur between the hours of 6PM and 8AM;

2. No more than 1 delivery vehicle may visit the site at the same time, and no more than 3 commercial vehicles may visit the site per day;

3. Any delivery vehicle must comply with local residential parking, stopping, noise, and size restrictions.

10. Accessory Dwelling Unit (ADU)

• a. One ADU is allowed in addition to 1 Junior Accessory Dwelling Unit (JADU) as defined in Sec. 550.B.14.

• b. Any ADU must meet the standards of Sec. 830.A. Accessory Dwelling Units , and the California Government Code (Title 7) .

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11. Junior Accessory Dwelling Unit (JADU)

• a. One JADU is allowed within the primary structure, in addition to 1 Accessory Dwelling Unit (ADU) as defined in Sec. 550.B.13 .

• b. Any JADU must meet the standards of Sec. 830.A. Accessory Dwelling Units , and the California Government Code (Title 7) .

12. Outdoor Storage

In the IX1, I1, I2, and I3 use modules, accessory outdoor storage uses are permitted subject to the following standards:

a. General

1. Storage material must not be located in designated fire lanes, drive aisles, off-street parking areas, or loading areas.

2. Outdoor storage of vehicles is limited to the number of vehicles required for the primary use operation.

3. Must not include the outdoor storage of trucks or chassis.

b. Screening

1. Any outdoor storage material must be screened by a fence or wall.

2. Any outdoor storage material within the first 100 feet of any street-facing property line must not be visible from the public right-of-way.

c. Height

1. Any outdoor storage items within the first 250 feet of any street facing lot line must not exceed the height of the screen fence or wall.

2. Any outdoor storage items beyond the first 250 feet of any street-facing lot line may not exceed 10 feet in height.

3. Maximum height standards must not apply to specialized equipment such as cranes or other similar equipment as determined by the Development Services Director.

d. Property Maintenance Program

A Property Maintenance Program must be submitted for review and approval by the Development Services Director or their designee prior to the issuance of building permits, business license, or business license renewal. The program must do the following:

1. Identify the location for all outdoor storage areas.

2. Identify the maximum height for all outdoor storage areas.

3. Identify all materials intended for outdoor storage.

4. Provide any Fire Department approvals, if applicable, due to the type of materials being

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stored.

5. The methods and maximum intervals for maintenance of each outdoor storage area.

13. Private Garden

A private noncommercial food-producing garden that is accessory to a household living or public assembly use which is located in the front yard, side yard, rear yard, rooftop, courtyard, balcony, fence, wall, window sill or basement.

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Sec. 560. Temporary Uses and Structures

560.a. General Provisions

This section controls and regulates temporary land use activities on private property which may adversely affect the public health, safety, and welfare. Temporary uses are distinct from accessory uses and primary uses, and are characterized by their short-term or seasonal nature. Temporary uses and structures do not include any permanent improvement made to a site.

1. Permit Required

All temporary uses or structures must obtain a temporary use permit pursuant to the procedures described in Sec. 1160.E. Temporary Use Permit , unless otherwise noted in the standards in Sec. 560.C. Standards.

2. Uses and Structures Not Listed

See Determination of Similarity (Sec. 530.A.2.).

560.B. Defined

1. Seasonal Outdoor Sales

Seasonal outdoor sales uses include Christmas tree lots, pumpkin lots, and other temporary sales events unrelated to the primary use (if any) on a site. Such uses are typically located on vacant lots, parking lots, or similar large open areas on private property.

2. Outdoor Amusement or Assembly

Events involving the assembly of groups of people outdoors for entertainment purposes, typically with vendors, booths, rides and other attractions. Examples include circuses, carnivals, fairs, festivals, or similar amusement enterprises.

3. Garage Sale or Yard Sale

The sale of miscellaneous household goods by a resident of a dwelling unit, customarily within the garage or front yard of said unit.

4. Car Wash

The outdoor cleaning of motor vehicles, other than the normal operation of a permanent car wash facility.

5. Construction Office or Sales Showroom

A temporary structure used to administer construction activities on a site.

6. Mobile Food Vendor (Food Truck or Food Cart)

A mobile food operation which sells food, beverages and related goods from a parked vehicle or tent.

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7. Portable Residential Storage Unit

Portable, weather-resistant, commercially leased or rented receptacle designed and used for the storage or shipment of personal property, building materials or merchandise. The term does not include trash containers, dumpsters, construction debris containers, or containers with a storage capacity of less than 200 cubic feet.

560.C. Standards

1. General Standards for all Temporary Uses

• a. Duration and Frequency

  1. The duration of a temporary use and any associated structures cannot exceed 180 consecutive calendar days. However, temporary uses and structures needed as the result of a natural disaster or other health and safety emergency are allowed for the duration of the emergency.

  2. A temporary use and any related structure, equipment, material, or other item must be removed from the property by the expiration date of a permit issued, or no later than 180 calendar days after the commencement of the use.

• b. Compliance with Other Regulations

  1. Proposed temporary uses cannot endanger or be detrimental to the public health, safety, and welfare, and cannot impair the normal and safe operation of a primary or accessory use or uses on the same property or any adjacent property.

  2. Temporary uses must comply with all applicable food safety, health, fire, building and other governmental standards and regulations.

  3. Temporary uses on commercial or industrial property must be limited to car washes, candy sales and other activities by tax exempt organizations pursuant to the Federal Revenue and Taxation Code (Sec. 501(c).) , with no limitation on number of occasions and duration.

  4. All signage associated with a temporary use must meet the standards and regulations of Sec. 630. Signs .

• c. Other Conditions

  1. Temporary uses must comply with any conditions imposed as a part of their temporary use permit, if applicable.

2. Seasonal Outdoor Sales

• a. Seasonal outdoor sales uses are permitted on all properties in all Use Modules.

• b. Seasonal outdoor sales uses are allowed for up to 30 consecutive calendar days, and up to twice per year per site.

• c. An on-site manager is required during all hours of operation.

Pomona, California | Zoning & Development Code

5-85

Adopted July 1, 2024

3. Outdoor Amusement or Assembly

• a. Outdoor amusement or assembly temporary are permitted on all properties in all Use Modules.

• b. In the R1 Use Module, notices must be mailed to all property owners within 400 feet, 21 days prior to the event date.

• c. Outdoor amusement or assembly uses are limited to a maximum duration of 10 calendar days.

• d. Any related rides or equipment must meet all applicable safety regulations and certifications, and are subject to inspection.

4. Garage Sale or Yard Sale

Garage sales and yard sales must meet the standards and regulations of Art. 12. of the Pomona City Code (Yard Sales) .

5. Car Wash

• a. A temporary use permit is not required.

• b. Temporary car washes may not be located on the public right-of-way.

• c. A temporary car wash may not be in place for more than 3 consecutive days.

• d. No more than 4 temporary car washes per calendar year are allowed on a lot.

6. Construction Office or Contractor Shop

• a. A temporary use permit is not required for a construction office or contractor shop which meets the following standards:

  1. A trailer coach, mobile home, or other manufactured housing unit may be used as a temporary construction office or contractor shop.

  2. Construction offices or contractor shops must be located on the lot where related construction activities are taking place.

  3. The office or shop must be removed from a site within 10 days after final inspection of the permanent structure, or before the expiration of the corresponding building permit, whichever occurs first.

7. Mobile Food Vendor (Food Truck or Food Cart)

Mobile food vendors must meet all applicable state, county, and local health and safety regulations. See Ch. 30. (Licenses, Permits and Miscellaneous Regulations) .

8. Portable Residential Storage Unit

• a. A temporary use permit is not required for a portable residential storage unit which meets the following standards:

• b. No more than 1 portable storage unit may be located on a lot at one time.

• c. A portable storage unit may not be located on a lot for greater than 30 consecutive days.

5-86 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

• d. A portable storage unit may not be larger than 8 feet in height, 8 feet in width, and 16 feet in length.

• e. Portable storage units must remain securely locked outside periods of loading or unloading.

Pomona, California | Zoning & Development Code

5-87

Adopted July 1, 2024

5-88 Zoning & Development Code | Pomona, California

Adopted July 1, 2024