Cudahy City Council
May 21, 2024

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
Outdoor storage and
display
C C 20.28.020(E)(2) through
(E)(5)

20.84.260
(Allowed temporary uses)
Vending machines A A 20.20.050(B)

15.Table 20.28-2 (Development Standards for Mixed-Use Zones) of Section 20.28.030 (Development Standards) of Chapter 20.28 (Mixed-Use Zones) of Title 20 (Zoning Code) is amended to include the following additions, deletions, and modifications:

Development
Standards
CMU CivicMU Specific Regulations
Lot Area – Minimum 6,000 sf 6,000 sf
Lot Width – Minimum 60 ft. 60 ft.

Front Yard and Side
Street Setback –
Minimum
0 ft. 0 ft. (a) 20.56.050 (Projections)
(b) Ground-floor residential
uses shall have a minimum
front yard depth of 10 ft.

Development
Standards
CMU CivicMU Specific Regulations
Side Yard Setback –
Minimum
0 – 10 ft. 0 – 10 ft. (a) 20.56.050 (Projections)
(b) Ground-floor residential
uses shall have a minimum
side yard of 10 ft.

Rear Yard Setback –
Minimum
0 – 10 ft. 0 – 10 ft. (a) 20.56.050 (Projections)
(b) Ground-floor residential
uses shall have a minimum
rear yard of 10 ft.

Setbacks Adjacent to
Residential Zones
10 ft. 10 ft. 20.28.050(D)
Common Total Open
Space Area – Minimum
280 sf per unit Total open space
consists of common
open space, private open
space, and publicly
accessible open space.

Required for residential
uses and residential
component of mixed-use.

20.28.070
Private Open Space
Area – Minimum
1200 sf Required for residential
uses and residential
component of mixed-use.

20.28.070
Floor-Area Ratio –
Maximum for

0.75 1.25

Development
Standards
CMU CivicMU Specific Regulations
Commercial Only
Development
Floor-Area Ratio –
Maximum for Mixed-Use
Development

1.05 1.5
Residential Density –
Maximum for Mixed-Use
Development
40 du/ac 40 du/ac
Residential Density –
Maximum for Residential
Only
30 du/ac 30 du/ac
Residential Density –
Minimum for Residential
Only
20 du/ac 20 du/ac
Building Height –
Number of Stories for
Mixed-Use Development
4 + 2 4 + 1 20.28.050(A)

20.56.060
Building Height –
Number of Stories for
Commercial Only
4 4 + 1 20.28.050(A)

20.56.060
Building Height –
Number of Stories for
Residential Only
3 4 + 1 20.28.050(A)

20.56.060

Development
Standards
CMU CivicMU Specific Regulations
Dwelling Unit Floor
Areas – Minimum:
• Efficiency
• One Bedroom
• Two Bedrooms
• Three Bedrooms
• Each Additional
Bedroom
500 sf
700 sf
900 sf
1,100 sf
200 sf
500 sf
700 sf
900 sf
1,100 sf
200 sf

16.Section 20.28.040 (Special requirements for new development – Development agreement required) of Chapter 20.28 (Mixed-Use Zones) of Title 20 (Zoning) is repealed in its entirety:

20.28.040 Special requirements for new development – Development agreement required.

A. Purpose. The purpose of these requirements is for the city to have the capability to shape how new development will contribute positively to the city as a whole, and to ensure that new development will be integrated and comprehensively planned while creating special places that enhance the quality of life.

B. New Development Defined. “New development” shall mean any new commercial, mixed-use, or residential development project on vacant land, on land where existing structures are demolished, or major expansions of existing buildings. “Major expansion” shall mean an expansion that increases the floor area of existing buildings over 25 percent.

C. Standards.

1. All new development shall be located on a site, including consolidation of several properties, with a minimum size of one acre.

2. All new development shall comply with the development standards found in Table 20.28-1 and elsewhere in this chapter, including the maximum intensity (floor-area ratio) and density limitations.

3. The additional height provisions in Table 20.28-1 indicated by a plus (+) symbol may be incorporated into a new development project.

D. Development Agreement Required. A development agreement shall be required for all new development described in subsection (B) of this section, and shall be in addition to other permit requirements pursuant to Chapter

20.84 CMC. The provisions for application procedures, content, periodic review and amendments found in Chapter 20.84 CMC, Part 9 shall apply. In addition to the required and optional contents found in CMC 20.84.570, the development agreement required pursuant to this section shall include public benefits, including but not limited to:

1. Monetary contribution to the city for community amenities.

2. On-site improvements over and above base requirements that contribute to the community, such as affordable housing, community facilities, innovative use of infrastructure and renewable resources, and public art.

3. Off-site improvements, such as pedestrian and bicycle connections, or off-site public art or community facilities.

E. Exceptions. A development agreement shall not be required for:

1. Residential projects where streamlined processing is required pursuant to Government Code Section 65913.4.

2. A project that includes remodeling of existing building floor area, or minor expansions that increase the floor area 25 percent or less.

3. Any site that is included in the Site Inventory found in Chapter 4 of the Housing Element.

4. Any development that is exclusively for public buildings operated by a public entity.

F. Waivers. The city council may waive the requirement for a development agreement if it finds that the city would not benefit from a development agreement.

17.Subsection 20.30.040(A) (Number of Units Required) of Section 20.30.040 (Inclusionary unit requirements) of Chapter 20.30 (Inclusionary Housing Program) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

A. Number of Units Required. Fifteen percent of the total number of dwelling units in a residential or mixed-use project shall be developed, offered to, and sold or rented to households at an affordable cost to the households which meet income requirements as described in 20.30.040(D) and (E). at 80 percent or less of the area median income.

18.Subsection 20.30.040(I) (Concessions) of Section 20.30.040 (Inclusionary unit requirements) of Chapter 20.30 (Inclusionary Housing Program) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

I. Concessions. By providing all the required inclusionary units on the project site, the developer may request and the city may consider granting, one or more of the following concessions density bonuses, waivers and concessions in keeping with Chapter 20.52, Part 10:

1. Side Yard Setback. Zoning Code Table 20.16-2, Development Standards for Residential Zones, and CMC 20.56.050(B)(1)(b). Deviate from side yard setback to require a five-foot setback for one story with two additional feet for a second story and above; for a maximum side yard setback of seven feet.

2. Distance Between Buildings. CMC 20.56.050(E) requires 10 feet between buildings. Deviate from this standard subject to building, fire, and life safety requirements, and design review.

3. Parking. Zoning Code Table 20.64-1. For residential and mixed use with residential delete the requirement for one space in a garage. Allow

all spaces to be outdoors either covered by a carport or uncovered.

Maintain required number of spaces.

4. Open Space. CMC 20.16.060(A)(1) allows private open space in the form of balconies, courtyards, at-grade patios, rooftop decks, or terraces; but does not allow private open space in the required front yard. Allow private open space in the front yard subject to design review.

5. Density Bonus. CMC 20.52.340. Maintain current standards allowing up to 35 percent density bonus with a conditional use permit to exceed 35 percent. Densities and affordability requirements to be in compliance with state standards and updated accordingly.

19.Subsection 20.52.120(A) through 20.52.120(B) of Section 20.52.120 (Temporary use permit for consumption of alcohol) of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is repealed in its entirety:

A. Temporary Use Permit Required. A temporary use permit to allow a restaurant to sell beer and wine or other alcoholic beverages for onpremises consumption will not be granted by the planning commission unless the following conditions exist:

1. No dancing shall be permitted on the premises.

2. No alcohol beverages shall be sold after 11:00 a.m.

3. No separate cocktail lounges or bar shall be located on the premises.

4. No alcohol beverages shall be offered or sold on the premises unless the restaurant kitchen is in operation and a substantial variety of dishes are available to the patrons.

5. A minimum dining area of 400 square feet (equivalent to 57 occupants) shall be provided.

6. No alcoholic beverages shall be sold or served to a patron unless said patron also has ordered food.

7. The Sheriff’s Department has the power to determine if the presence of a city-approved doorman and/or security personnel is required.

B. Conditions. The foregoing conditions may or may not be required by the director of community development for any individual permit.

20.The title for Part 8 (Emergency Shelters) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

Part 8. Emergency Shelters and Low Barrier Navigation Centers

21.Section 20.52.270 (Use Regulations) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning Code) is amended to include the following additions, deletions, and modifications:

20.52.270 Use Regulations applicable to Emergency Shelters and Low Barrier Navigation Centers.

22.Subsection 20.52.270(A) (Occupancy) of Section 20.52.270 (Use Regulations) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

A. Occupancy. A maximum of 15 beds or persons may be served nightly, with associated support service not open to the public. Any emergency shelter or low barrier navigation center for homeless with greater than 15 beds shall be subject to approval of a conditional use permit consistent with Chapter 20.84 CMC, Part 5.

23.Subsection 20.52.270(B) (Hours of Operation) of Section 20.52.270 (Use Regulations) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

B. Hours of Operation. Emergency shelters and low barrier navigation centers for homeless persons providing fewer than 15 beds are not required to be open 24 hours a day, but may be open 24 hours. Clients of emergency shelters or low barrier navigation centers shall be given a specified check-out time as

detailed in the management and operation plan, but may remain on the premises to utilize on-site services offered.

24.Subsection 20.52.270(D) (Management and Operation Plan) of Section 20.52.270 (Use Regulations) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

D. Management and Operation Plan. The applicant or operator shall submit a management and operation plan for the emergency shelter or low barrier navigation center through the over-the-counter approval process for review and feedback by the director of community development or designee in consultation with law enforcement at the time the project is proposed, and prior to issuance of permits. If the site plan review process applies to the proposed application, then the management and operational plan should be submitted and reviewed concurrently with that application. The plan shall remain active throughout the life of the facility, with any changes subject to review and approval by the director of community development or designee in consultation with the chief of police. The plan should be based on “best practices” and include, but not be limited to, a security plan, operational procedures, listing of services provided, staff training, “good neighbor” communication plan, client transportation and active transportation plan, ratio of staff to clients, client eligibility and intake and check-out process, detailed hours of operation, and an ongoing outreach plan to the local homeless population. The city may inspect the facility at any time for compliance with the facility’s operational plan and other applicable laws and standards.

25.Subsection 20.52.280(A) (Parking) of Section 20.52.280 (Development Standards) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

A. Parking. In order to accommodate the parking needs of staff only, each emergency shelter or low barrier navigation center shall provide that amount, which is no greater than necessary to accommodate staff, but no less than a minimum of two (2) parking spaces. One vehicle parking space shall be provided per five beds. A covered and secured area for bicycle parking shall be provided for use by staff and clients, commensurate with demonstrated need, but no less than a minimum of eight bike parking spaces.

26.Subsection 20.52.280(C) (Supportive Services) of Section 20.52.280 (Development Standards) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

C. Support Services. Emergency shelters and low barrier navigation centers may also provide the following support services:

27.Subsection 20.52.320(C) (Fractional Units) of Section 20.52.320 (Density Bonus) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

C. Fractional Units. In determining the maximum residential density allowed under the zoning code for the purpose of this part, any fraction of a unit shall not be counted as rounded up to the next whole number. In calculating density bonuses and set-aside units, fractions shall be rounded up to the next whole number.

28.Add a new subsection, Subsection 20.52.320(D) to Section 20.52.320 (Density Bonus) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) as follows:

D. Zones with no Density Maximum. In order to determine the appropriate density bonus applicable to the Entertainment zone, or any other zone which does not explicitly regulate housing density, the applicant shall submit a base density study to establish the density upon which bonuses are to be calculated. The base density study shall be a code-compliant set of schematic architectural plans utilizing the same unit bedroom counts and sizes as the proposed project with density bonus.

29.Subsections 20.52.330(A) (Menu) and (B) (Off-List Concessions) of Section

20.52.330 (Menu of concessions) of Chapter 20.52 (Standards for Specific Land Uses and Activities) Part 10 (Housing Incentives) of Title 20 (Zoning Code) is repealed in its entirety and revised as follows:

A. Density Bonus Concessions. The state density bonus law grants projects which qualify under this part the right to request a number of concessions depending upon the number and income of affordable units

provided in the development. These concessions may be taken from either the “menu concessions (20.52.330(B)) or the off-menu concessions (20.52.330(C)) below.

B. Menu. The following concessions shall be approved by right:

1. Side Yard Setback. Zoning Code Table 20.16-2 (Development Standards for Residential Zones) and CMC 20.56.050(B)(1)(b). Deviate from side yard setback to require a five-foot setback for one story with two additional feet for a second story and above; for a maximum side yard setback of seven feet.

2. Distance Between Buildings. CMC 20.56.050(E) requires ten (10) feet between buildings. Deviate from this standard subject to building, fire, and life safety requirements.

3. Open Space. CMC 20.16.060(A)(1) allows private open space in the form of balconies, courtyards, at-grade patios, rooftop decks, or terraces; but does not allow private open space in the required front yard. Allow private open space in the front yard.

4. Minimum Unit Size. CMC 20.16.030 sets minimum floor areas per type of residential unit. Allow these minimum floor areas to be decreased by 100 sf.

5. Minimum Nonresidential Area. CMC 20.28.020(D)(1) requires that onethird of the total floor area in a mixed-use development be nonresidential in nature. Waive this requirement, provided that CMC 20.28.020(D)(2),

20.28.020(D)(3), and 20.28.020(D)(4) are met.

6. Building Height. CMC Section 20.16.030 and Section 20.28.030 set a maximum building height. Deviate from building height subject to meeting the minimum front setback requirement of the underlying zone and subject to building, fire and life safety requirements. Allow up to 10 feet or one story.

C. Off-Menu Concessions. The city or applicant may propose concessions that result in identifiable, financially sufficient, and actual cost reductions, which proposal shall be considered and approved or denied through a Density Bonus Off-Menu Concession Permit as described in Chapter 20.84, Part 13. The city may, at its discretion, require the applicant to demonstrate that the proposed concession or other waiver of a development standard is needed to make the affordable units economically feasible.

30.Section 20.52.340 (Density bonus greater than 35 percent) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

20.52.340 Density bonus greater than 35 percent. Discretionary density bonus.

A conditional use permit approved by both the planning commission and city council shall be required for any density bonus greater than 35 percent that granted by the state density bonus law. The city has the authority but not the obligation to grant a density bonus in excess of 35 percent that granted by the state density bonus law. For requests under this part, the city may consider benefits of the project and other factors, including, without limitation: (1) additional affordable units; (2) on-site amenities; (3) services for residents; and (4) the distance to neighborhood services and public transit. In addition to the findings required in Chapter 20.84 CMC, Part 5, the following findings must be met:

31.Subsection 20.52.340(B) (Compliance with State Density Bonus Law) of Section

20.52.340 (Discretionary density bonus) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

B. Compliance with State Density Bonus Law. The project sets aside no less than the percentage and type of units required to earn a density bonus of 35 50 percent under the state density bonus law.

32.Subsection 20.52.350(D) (Description of Concessions) of Section 20.52.350 (Application) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

D. Description of Concessions. A description of the concessions requested. In the case of proposed off-list menu concessions, the applicant must demonstrate that they are within the definition of a concession and in accord with the state density bonus law. The director of community development may require an independent financial review at the applicant’s expense to demonstrate the economic effect of the proposed concession on the project.

33.Section 20.52.360(A) through 20.52.360(C) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is repealed in its entirety as follows:

20.52.360 Decision and appeal.

A. Review. A request for a density bonus pursuant to this part shall be reviewed as part of the required housing development application and shall be considered and acted upon by the decision making body authorized to make a recommendation or approve the housing development.

B. Findings. A decision involving a density bonus shall be supported by written findings in accordance with the state density bonus law, including whether the project meets the qualifications for a density bonus.

C. Appeal. Any decision regarding density bonus may be appealed in the manner within the time set forth in Chapter 20.84 CMC.

34.Add a new part, Part 19. (Replacement Housing) under Chapter 20.52 (Standards for Specific Land Uses and Activities) is added as follows:

Part 19. Replacement Housing.

20.52.710 Replacement Housing.

A. State Density Bonus Law requires the replacement of certain units that either now exist or that existed on the site in the last five (5) years preceding submission of the development application.

These units are those that are, or have been at any time during the last five (5) years preceding submission of the development application:

1. Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; or

2. Subject to some form of rent or price control through a public entity's valid exercise of its police power; or

3. Occupied by lower or very low-income households.

B. The applicant shall provide replacement housing in compliance with California Government Code 65915(c)(3).

35.Add a new part, Part 20. (Accessory Dwelling Units) under Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) as follows:

Part. 20 Accessory Dwelling Units

20. 52. 710 Purpose.

The purpose of this section is to allow for accessory dwelling units to be established by right and subject to ministerial approval in accordance with state law. Facilitating the development of accessory dwelling units will increase the housing options for family members, seniors, low-wage workers, persons with disabilities, students, and others in the community.

This section addresses the specific needs of Cudahy by providing limitations consistent with state law to maximize neighborhood compatibility.

20.52.720 Not Part of Density Calculation.

An accessory dwelling unit that conforms to all applicable requirements of this section shall not be considered in the calculation of allowable density for the lot upon which it is located, and is deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot.

20.52.730 Allowable Properties.

Accessory dwelling units shall be permitted on any lot that contains an existing or proposed permanent main residential unit within any zone which permits single-family or multifamily housing as a permitted use, subject to the requirements of this section.

20.52.740 Maximum Number of Accessory Dwelling Units Permitted by Property.

A. Multi-family Properties. For properties with two (2) or more attached dwellings on them, two (2) detached accessory dwelling units, or accessory dwelling units created from existing non-habitable spaces numbering up to 25% of the total number of primary dwelling units on the lot.

B. Single-family Properties.

1. For lots with three (3) or more multiple detached
dwellings on them, two detached accessory dwelling units, or accessory dwelling units created from existing non-habitable

spaces numbering up to 25% of the total number of primary dwelling units on the lot, subject to the following conditions:
a. The first accessory dwelling unit may be created through the construction of a new building, conversion of space within primary dwellings, or conversion of space within accessory structures.
b. The remaining permitted accessory dwelling unit(s) may be created through construction of a new building,
conversion of space within primary dwellings, or
conversion of space within accessory structures whose
function is not for vehicular parking, provided that such accessory dwelling units do not block legally required
parking areas. Included among these accessory dwelling
unit(s) may be one junior accessory dwelling unit subject to the standards of Gov 65852.22.

2. For “dwelling, single-family” properties as defined in CMC

20.88.050:
a. One accessory dwelling unit may be created through
construction of a new building, conversion of space within primary dwellings, or conversion of space within accessory structures; and b. One junior accessory dwelling unit subject to the standards of Government Code 65852.22.

20.52.750 Requirements Applicable to All Accessory Dwelling Units.

A. Entrances. A separate entrance shall be provided to each accessory dwelling unit. Entrances shall be incidental to the primary dwelling(s) and minimally visible from the street frontage. No passageway to the primary dwelling shall be required with the construction of the accessory dwelling unit. Accessory dwelling units shall not protrude beyond the street-facing façade of the first dwelling unit behind the property line. If the entrance is provided as a staircase, it shall be enclosed as part of the structure's interior, except for conversion/modification of an existing exterior stairway.

B. Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers unless required for the primary residence, per Government Code Section 65852.2(c). The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing multifamily dwelling.

C. Utility Hookups. Separate utility hookups are permitted but are not mandatory.

D. Deed Restriction Required. Before obtaining a building permit for an allowed accessory dwelling unit, the property owner shall file with the County Recorder a declaration or agreement of restrictions, which has been approved by the city attorney as to its form and content. The declaration or agreement of restrictions shall contain a reference to the deed under which the property was acquired by the owner and shall state that:

1. The accessory dwelling unit is restricted to the maximum size allowed as identified by the development standards in this section.

2. The restrictions shall be binding upon any successor or assigned in ownership of the property, and lack of compliance shall result in legal action against the property owner.

E. Rental Term. The rental term for an accessory dwelling unit must be for a term longer than 30 days.

F. Kitchens. Include an efficiency kitchen, as defined in CMC Section

20.88.060.

20.52.760 Requirements Applicable to Newly Constructed or Expanded Structures.

A. Development Standards. The accessory dwelling unit shall comply with the minimum property development standards of the applicable zones where residential uses are permitted or conditionally permitted in compliance with CMC 20.16.030, CMC 20.28.030, CMC 20.20.030, unless modified by this section. These development standards shall also apply to garages in the case of an accessory dwelling unit constructed above a garage.

Table 20.52-2
Development Standards Standard
Lot Area – Minimum None
Lot Width – Minimum None

Development Standards Standard
Front Yard Setback – Minimum Base zone1
Side Yard Setback – Minimum
Height < 18 Ft.

Height > 18 Ft.
4 ft.

Base zone
Rear Yard Setback – Minimum
Height < 18 Ft.

Height > 18 Ft.
4 Ft.

Base zone
Open Space Area, Common – Minimum As required by the base zone, but may be reduced to accommodate the footprint of
the ADU
Open Space Area, Private – Minimum;
exclusive of required front yard
None for the ADU.

Primary dwellings – As required by the
base zone, but may be reduced to
accommodate the footprint of the ADU
Building Height – Maximum Attached: 25 feet
Detached: 18 feet
If the ADU is being constructed on top of
an attached or detached garage, the ADU
height maximum is 28 feet but shall not
exceed two stories.

Building Length – Maximum 175 ft.
1 The imposition of a front yard setback may not preclude the ability of a property owner to develop at least one 800- square foot, 16-foot high ADU with four-foot side and rear setbacks (a “statewide exemption ADU”). The front yard setback shall be imposed unless it can be demonstrated that the applicant has no other feasible alternatives on the property to construct one statewide exemption ADU in the case of a property with only detached units, or two statewide exemption ADUs in the case of a property with attached units.

Development Standards Standard
Building Width – Minimum None
Distance between Buildings – Minimum 5 ft.

Floor Area – Minimum 350 sf
Floor Area – Maximum2 3
Efficiency or one-bedroom units
Two-bedroom units
Dwelling units with three bedrooms or
more
850 sf
1,000 sf
1,200 sf
B. Architectural Design, Form, and Materials. The accessory dwelling unit shall be designed to integrate harmoniously with the development on which it is located.

1. Designation of primary dwelling for design purposes. The following definition of “primary dwelling” only applies to new construction ADUs. The primary dwelling on a property is the dwelling to which the accessory dwelling unit is most visually and functionally related. For example, in the case of an attached accessory dwelling unit the primary dwelling is the dwelling to which the accessory dwelling unit is attached. In the case of a detached accessory dwelling unit on a single family lot, the primary dwelling is the single family home on the lot. In the case of a lot with multiple structures, the detached accessory dwelling unit applicant has the option to choose whether the primary dwelling unit is the home in the front of the lot or the home closest to the proposed accessory dwelling unit.

C. Standards
2 In addition to the maximum floor area requirements described here, the floor area for an attached ADU shall be no greater than 50% of the floor area of the largest dwelling unit to which it is attached. 3 The measurement of the maximum floor area of an accessory dwelling unit does not include the garage or enclosed garage square footage.

(a) The ADU shall be designed in the same architectural style as the primary dwelling, and it shall use the same exterior materials.
(b) The base color of the ADU shall match a base or secondary color of the primary dwelling.
(c) The accent color shall match the accent color of the primary dwelling, or a secondary color of the dwelling.
(d) The roof pitch shall vary no more than 1:12 from the roof pitch of the primary dwelling.
(e) Additionally, the ADU shall comply with any objective design standards adopted by the city that are applicable to the zoning district or specific plan area where the ADU is located.

D. Variation from standards. Should the applicant wish to vary from these architectural design, form, and materials standards, the applicant shall solicit an accessory dwelling unit design variance per Chapter 20.84 CMC, Part 12.

E. Zoning Clearance. New construction shall be subject to the zoning clearance process pursuant to Chapter 20.84 CMC, Part 3.

F. Demolition Permit and Accessory Dwelling Unit Application. A demolition permit required for a detached garage that is to be replaced with an accessory dwelling unit is to be reviewed and issued at the same time with the application for the accessory dwelling unit. No written notice or placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit is required.

20.52.770 Requirements to Convert Existing Spaces to an Accessory Dwelling Unit.

A. Zoning Clearance. An application for a building permit to create accessory dwelling units within the existing space of a legally permitted accessory structure or dwelling shall be approved subject to Chapter 20.84 CMC, Part 3 (Zoning Clearance).

B. Setbacks. No setback is required by this section for an existing structure that is converted to an accessory dwelling unit, but side and rear setbacks must be sufficient for fire safety. Conversion of detached structures that meet applicable zone standards for side and rear setbacks and distance between buildings may be denied if a finding is made that the setbacks are insufficient for fire safety.

C. Access. The unit shall have an exterior access independent from the primary residence. No passageway between the primary residence and the accessory dwelling unit shall be required.

D. Conversions of or within Nonconforming Structures. Existing space within existing structures that are nonconforming with respect to setbacks, building height, or lot coverage may be converted to an accessory dwelling unit, provided the nonconformity is not increased in any manner.

E. Entry Space. Up to 150 square feet of additional space may be added to the accessory dwelling unit created by converting space within an existing or proposed dwelling unit or accessory structure, only for the purposes of adding an entry space to the accessory dwelling unit.

20.52.780 Off-Street Parking.

A. In addition to the parking spaces required for the primary residence, at least one off-street parking space shall be provided for each accessory dwelling unit, which may be provided as tandem parking in an existing driveway. Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

B. If a garage, carport, or covered parking structure is converted or demolished in conjunction with the construction of an accessory dwelling unit, those off-street parking spaces shall not be required to be replaced.

C. Parking for accessory dwelling units is not required in the following instances:

1. Where a property is located within one-half mile from a public transit stop with scheduled services provided by a public agency.

2. For properties located within an architecturally and historically significant historic district, as adopted by the city.

3. For properties in an area where on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

4. For properties located within one block of a car share area approved by the city.

5. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new singlefamily dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph.

20.52.790 Zoning Clearance, Building Permit, Demolition Permit – 60 Day Review Timeline.

The Community Development Department shall either approve or deny a zoning clearance, building permit or demolition permit to create or serve an accessory dwelling unit or a junior accessory dwelling unit, as required, within 60 days from the date the Community Development Department receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the zoning clearance, building permit or demolition permit to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the Community Development Department may delay approving or denying the zoning clearance, building permit or demolition permit for the accessory dwelling unit or the junior accessory dwelling unit until the Community Development Department approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the application is denied, with a full set of comments provided to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant, the 60-day time period shall reset.

36.Add new subsection 20.56.050(D)(3) to Section 20.56.050(D) (Projections into Yards) of Chapter 20.56 (General Development Standards) of Title 20 (Zoning) is added as follows:

3. Buildings that are two stories or higher may have balconies projecting into the side yard at a distance of not to exceed three feet, provided that a minimum balcony setback of four feet from the side property line exists or remains.

37.Table 20.64-1 (Number of Required Parking Spaces) of Section 20.64.040 (Required number of spaces) of Chapter 20.64 (Off-Street Parking and Loading) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

Land Use Minimum Number of Spaces Required
Amusement Arcades or Cyber
Cafes/Computer Labs
1 space/100 sf of floor area
Automotive and Equipment Sales/Service
a. Automotive Sales/Rental/Leasing
b. Automotive Repair/Installation
c. Automotive Storage
d. Heavy Equipment Rental and Sales
e. Large Equipment Repair
a. 1 space/2,000 sf of site area
b. 1 space/250 sf of building area, plus 3
spaces/service bay
c. 1 space/employee
d. 1 space/400 sf of building area, plus 1
space/2,000 sf of site area
e. 2 spaces/service bay
Banquet Hall/Lodge/Meeting Hall 1 space/5 seats or 1 space/50 sf of assembly area if no fixed seats
Boardinghouses and Similar Structures
Having Guest Rooms
1 space/2 guest rooms.; with such parking
space to be located in garage or carport
or Acceptable methods of parking include
garage, carport, surface parking and/or
parking lifts.

Land Use Minimum Number of Spaces Required
Commercial Cannabis Production Activity
Facilities
1 parking space for every 2 employees during
the peak shift. The city council may reduce
the number of spaces as part of the
commercial cannabis permit and
development agreement review if existing
site conditions limit compliance.

Cannabis Retailer 1 space/400 sf of building area
Day Care Facilities
a. Small Family Day Care Home
b. Large Family Day Care Home
c. Day Care Facility
a. No requirement beyond standard singlefamily residential dwelling b. 1 space/2 employees, plus parking
otherwise required for the residential use
c. 1 space/2 employees plus 1
space/classroom
Commercial Entertainment
a. Motion Picture or Live Theater
b. Dance Halls
c. Card Clubs/Casinos
a. 1 space/5 fixed seats or 1 space/35 sf of
seating area where there are no fixed seats,
plus 1 space/2 employees
b. 1 space/35 sf of dance floor area, plus 1
space/5 fixed seats, or 1 space/35 sf of
seating area where there are no fixed seats
c. 1 space/100 sf of gross gaming floor area,
plus 1 space/2 employees, plus the spaces
required by this section for additional uses
conducted on the premises

Land Use Minimum Number of Spaces Required
Commercial Recreation
a. Health/Fitness Club
b. Bowling Alley
c. Arcade/Internet Cafe
d. Skating Rinks
e. Swimming Pools, Commercial
a. 1 space/150 sf of building area
b. 5 spaces/bowling lane, plus spaces
required by this section for additional uses
conducted on the premises
c. 1 space/200 sf of building area
d. 1 space/5 seats or 1 space/35 sf of seating
area where there are no fixed seats, plus 1
space/250 sf of floor area not used for seating
e. 1 space/1,000 sf on the lot or parcel of land
on which such use is established
Dwellings
a. Single-Family Detached and Duplex
b. Multifamily Units with Three or More
Bedrooms
c. Multifamily Units with One or Two
Bedrooms
d. Efficiency Apartments (studio)
e. Senior Housing
a. 2 garage spaces/dwelling unit, plus 1
additional garage or surface space where
dwelling unit contains 5 or more bedrooms.
b. 2 spaces/dwelling unit, at least 1 space in
a garage
c. 1.5 spaces/dwelling unit, at least 1 space
in a garage
d. 1 space/dwelling unit
e. 1 space/dwelling unit
For all but single-family detached dwellings
and senior housing, guest parking shall be
provided at 0.25 space/dwelling unit for
multifamily units with 1 or more bedrooms,

Land Use Minimum Number of Spaces Required
and 0.25 space/dwelling unit for efficiency
apartments.

Acceptable methods of parking include
garage, carport, surface parking and/or
parking lifts.

Emergency Shelter 2 parking spaces plus one space for each fifty beds, which is no greater than
necessary to accommodate staff.1
space/5 beds
Equipment Sales and Rental
a. Indoor Display
b. Outdoor Display
a. 1 space/250 sf of building area
b. 1 space/1,000 sf of display area, plus any
required for indoor display or related use
Industrial/Manufacturing/Materials/Goods
Processing
1 space/500 sf of floor area, plus 1
space/each company vehicle operated or
kept in connection with the uses
Hospital/Medical Service
a. General Hospital Service
b. Medical/Dental Office
c. Ambulance Service
a. 2 spaces/bed
b. 1 space/200 sf of floor area
c. 1 space/ambulance, plus 1 space/250 sf of
office space
Hotel/Motel 1 space/guest room, plus 1 space for
manager, plus additional parking as required

Land Use Minimum Number of Spaces Required
for any on-site restaurant, conference facility,
or other auxiliary use
Mobile Home Park 2 spaces/mobile home site, plus 1 guest space/5 mobile home sites
Office – Business and Professional (other
than medical or dental), Including Banks
and Financial Service
1 space/250 sf of building area
Personal Service Business 1 space/250 sf of building area Places of Religious Assembly 1 space/5 fixed seats or 1 space/35 sf of assembly area within the main auditorium
where there are no fixed seats, plus any
required for ancillary uses such as day care
facilities and schools
Public Utility Facilities Not Having
Business Offices on the Premises
1 space/2 employees on the largest shift, plus
1 space/vehicle used in connection with the
use. A minimum of 2 parking spaces shall be
provided for each such use regardless of the
building space or number of employees.

Nothing provided in this section shall require
off-street parking for unattended public utility
uses.

Restaurant/Cafe 1 space/5 fixed seats or 1 space/100 sf of seating area where there are no fixed seats
Residential Care Facilities (over 6
persons)
1 space/3 beds

Land Use Minimum Number of Spaces Required
Retail Sales – General 1 space/300 sf of building area
School
a. Elementary or Secondary (private)
b. High School (private)
c. Specialized and Vocational
a. 1 space/employee, plus 1
space/classroom
b. 1 space/employee, plus 1 space/2
students in 11th and 12th grade
c. 1 space/35 sf devoted to instructional
purposes, plus 1 space/classroom
Self-Storage Facility 4 spaces, plus 2 spaces for management and employees
Service Station
a. Stand-Alone Station
b. With Accessory Retail/Convenience
Market
c. With Vehicle Maintenance/Repair
a. 2 spaces/service bay
b. 5 spaces or first 1,000 square feet, plus 1
space/300 square feet thereafter
c. 2 spaces/service bay
Warehousing and Distribution 1 space/1,000 sf of floor space plus 1 space/company vehicle used in connection
with the use

38.Subsection 20.64.080(C)(3)(Mixed-Use with Residential) of Section 20.64.080 (Shared Parking) of Chapter 20.64 (Off-Street Parking and Loading) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

3. The parking for the residential use required to be in a fully enclosed garage may be provided within an underground or aboveground parking structure.

34. With the exception of the guest parking, parking for the residential uses shall be provided and maintained separate and secure from the on-site public parking.

39.Table 20.84-1 (Designating Approving Authority) of Section 20.84.020 (Designating Approving Authority) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

Approving Authority
Type of Permit or Action
Director of
Community
Development
Planning
Commission City Council
General Plan Amendment Review Recommendation Final
Specific Plan Review Recommendation Final
Zone Change or Text
Amendment
Review Recommendation Final
Development Agreement Review Recommendation Final
Minor Deviation Final Appeal Appeal
Conditional Use Permit Review Final Appeal
Variance Review Final Appeal
Planned Development
Permit
Review Final Appeal
Tentative Map (CMC Title
19)
Review Final Appeal
Final Map (CMC Title 19) Review Final

Approving Authority
Type of Permit or Action
Director of
Community
Development
Planning
Commission City Council
Lot Line Adjustment (CMC
Title 19)
Review Final Appeal
Major Development
Review Permit
Review Final Appeal
Minor Development
Review Permit
Final Appeal Appeal
Zoning Clearance Final Appeal Appeal
Zoning Code Interpretation Final Appeal Appeal
Temporary Use Permit Final Appeal Appeal
Home Occupation Permits
(Zoning Clearance)
Final Appeal Appeal
Reasonable
Accommodation
Final Appeal Appeal
Accessory Dwelling Unit
Design Variance
Final Appeal Appeal

40.Section 20.84.170 of Part 2 (Development Review Permits) of Section 20.84.170 (Intent and Purpose) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

The development review process is established to improve the general standards and orderly development of the city through review of the design, layout, and other

features of proposed developments and their environs prior to submission of plans to the building division for plan check. Development review permits are approved at two levels: (A) major development review approved by the planning commission; and (B) minor development review approved ministerially by the director of community development.

41.Table 20.84-2 (Review Authority for Development Review (DR) Permit and Zoning Clearance) of Section 20.84.180 (Applicability) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

Role of Review Authority
Zoning
Clearance*
Director
(Minor DR)
Planning
Commission
(Major DR)
City Council

RESIDENTIAL CONSTRUCTION AND IMPROVEMENTS
Single-family
residential
construction,
including:
a. New construction
and expansions over
50 percent of existing
floor area
b. Expansions under
50 percent, façade
improvements, and
accessory structures
visible from the
public street
c. All second story
additions
Decision Appeal

Role of Review Authority
Zoning
Clearance*
Director
(Minor DR)
Planning
Commission
(Major DR)
City Council
d. Accessory
dwelling units
Accessory dwelling
units
Decision Appeal
Accessory
Dwelling Units
(Design Variance)
Decision Appeal Appeal
Single-family
residential
construction,
including:
a. Expansions less
than 50 percent of
existing floor area,
façade
improvements, and
accessory structures
not visible from the
public street
b. Conversions of
existing living area in
existing structures to
an accessory
dwelling unit
Decision Appeal

Role of Review Authority
Zoning
Clearance*
Director
(Minor DR)
Planning
Commission
(Major DR)
City Council
Multifamily
residential
a. Expansion,
including accessory
structures and
second stories up to
a maximum of 50
percent of the
existing gross floor
area, but no
additional dwelling
units
b. Second stories,
proposing up to a
maximum of 42
dwelling units
c. Fences or walls on
projects with up to 2
dwelling units,
proposing a fence
within the front yard
setback over 42
inches in height
d. Façade
improvements
Decision Appeal

Role of Review Authority
Zoning
Clearance*
Director
(Minor DR)
Planning
Commission
(Major DR)
City Council
Multifamily
residential
a. New construction,
including second
stories, proposing 53
or more dwelling
units
b. Expansion,
including accessory
structures and
second stories, over
50 percent of the
existing gross floor
area
c. Fences or walls
with 3 or more
dwelling units,
proposing a fence
within the front yard
setback over 42
inches in height
Decision Appeal

NONRESIDENTIAL CONSTRUCTION AND IMPROVEMENTS
a. Expansion,
including accessory
structures, not visible
Decision Appeal

Role of Review Authority
Zoning
Clearance*
Director
(Minor DR)
Planning
Commission
(Major DR)
City Council
from the public rightof-way, up to a
maximum of 50
percent of the
existing gross floor
area
b. Façade
improvements visible
from the public street
a. New construction
b. Expansion,
including accessory
structures, visible
from the public rightof-way, over 50
percent of the
existing gross floor
area
Decision Appeal
a. Expansions not
visible from the
public right-of-way
involving less than
50 percent of the
existing gross floor
area
Decision Appeal

Role of Review Authority
Zoning
Clearance*
Director
(Minor DR)
Planning
Commission
(Major DR)
City Council
b. Façade
improvements not
visible from the
public street

FENCES AND WALLS
Fences and walls,
except as specified
below
Decision Appeal

SIGNS AND MASTER SIGN PROGRAMS
Sign permits and
master sign
programs – staff
level in compliance
with CMC

20.72.040(C)(1)
Decision Appeal
Master sign
programs – planning
commission in
compliance with
CMC

20.72.040(C)(2)
Decision Appeal

OTHER TYPES OF CONSTRUCTION AND IMPROVEMENTS

Role of Review Authority
Zoning
Clearance*
Director
(Minor DR)
Planning
Commission
(Major DR)
City Council
Nonconforming
structure
additions/expansions
as allowed by CMC

20.80.010(C)
Decision Appeal
Parking lot and/or
landscaping
modifications
Decision Appeal
Solar collection
systems located on
the roof of an existing
structure
Decision Appeal
Home occupation
permits
Decision Appeal

42.Subsection 20.84.180(B) (Discretionary Permits) of Section 20.84.180 (Applicability) of Part 2 (Development Review Permits) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

B. Discretionary Permits. Applications for major development review, both major and minor, are considered review are considered discretionary projects subject to the requirements of CEQA. If a minor development review permit triggers a negative declaration, mitigated negative declaration, or environmental impact report, the project shall be referred to the planning commission for review and approval.

43.Section 20.84.210 (Findings and decision for development review permits) of Section Part 2 (Development Review Permits) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

The director of community development or planning commission shall consider applications for minor and major development review permits respectively and shall, with or without conditions, approve any case which is in general accord with the following principles and standards based on findings and conclusions drawn from information and evidence presented at a public hearing, if required. A minor or major development review permit shall be granted when the director of community development or planning commission determines that the proposed development or activity complies with the following findings:

44.A new subsection, Section 20.84.260(F) of Section 20.84.270 (Allowed temporary uses) of Part 4 (Temporary Use Permits) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) is added as follows:

F. Consumption and/or sale of alcohol for special events. A temporary use permit to allow the sale or service of beer and wine or other alcoholic beverages for on-premises consumption will not be granted by the community development director unless the following conditions are met:

1. Non-alcoholic beverages and water must be available at the event.

2. Alcohol beverages may be sold or served beginning at 9:00 am to 10:00 pm from Sunday through Thursday, and 9:00 am to 11:00pm on Friday and Saturday. Regardless of the alcohol beverage hours, all alcohol beverage sales shall end a minimum of thirty (30) minutes before the scheduled event ends.

3. All alcohol beverages must be consumed within a clearly marked designated area.

4. A detailed security plan approved by the Sheriff’s Department is on file.

5. The Sheriff’s Department has the power to determine if the presence of a city-approved doorman and/or security personnel is required.

6. A minimum dining area of 400 square feet (equivalent to 57 occupants) shall be provided.

7. Approval from the State Department of Alcoholic Beverage Control is required.

8. No alcoholic beverages shall be sold or served to a patron unless said patron also has ordered food or food is widely available for consumption.

45.Revise the title of Part 5 (Conditional Use Permits and Variances) of Chapter 20.84 (Permit Procedures) to the following:

Part 5. Minor Deviation, Conditional Use Permits and Variances

46.Subsections 20.84.300(A) through 20.84.300(B) of Part 5 (Minor Deviation), Conditional Use Permits and Variances of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) are amended to include the following additions, deletions, and modifications:

A. Intent and Purpose of Minor Deviation. The purpose of a minor deviation is to provide an administrative mechanism whereby the community development director can grant minor deviations from development standards due to unique physical characteristics of the property. A minor deviation shall only be granted if the strict application of the development standards is causing unnecessary hardship and there are no alternatives that could provide an equivalent level of benefit to the property owner. The granting of a minor variance shall not adversely affect the health, safety and welfare of the city and neighboring properties. Minor deviations shall not constitute the mere granting of a privilege and shall demonstrate that the deviation is in keeping with good land use planning principles.

AB. Intent and Purpose of Conditional Use Permits. The city recognizes that certain uses, due to the nature of the use, intensity or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses; or if through the imposition of conditions on the development and use, it can be made compatible with surrounding uses.

The conditional use permit is provided for this purpose and to ensure compatibility with zoning regulations and with surrounding properties.

BC. Intent and Purpose of Variances. California Government Code Section 65906 establishes the authority of the city to grant exceptions to development standards and provisions of this zoning code in cases where, because of special circumstances applicable to a particular property or unique characteristics of the property, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning districts.

47.Subsections 20.84.310(A) through 20.84.300(B) (Applicability) of Part 5 ( Minor Deviation, Conditional Use Permits and Variances) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

A. Minor Deviation. The community development director or his or her designee may grant a minor deviation, up to a maximum of ten percent (10%) of the standards being modified for only the following: landscape area, building setbacks, building height, wall/fence height, lot coverage, sign area, distance between structures and parcel dimensions and area.

No more than one minor deviation shall be granted per parcel.

B. A. Conditional Use Permits. Applications for conditional use permits may be submitted only for those uses specified as allowable conditional uses in the applicable zone district. A conditional use permit may not substitute for an amendment to the zoning code text or map.

C. B. Variances. A variance application shall be filed whenever any deviation from the provisions of this zoning code is proposed. Variances may not be approved for uses or activities not otherwise expressly authorized by this zoning code. A variance may not substitute for an amendment to the zoning code text or map, or for a conditional use permit.

48.Section 20.84.330 (Findings and decision for conditional use permits) of Part 5 (Minor Deviation, Conditional Use Permits and Variances) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) is replaced in its entirety with below text.

Subsequently, Sections 20.84.330 through Sections 20.84.550 are amended to the next section number.

20.84.330 Findings and decision for minor deviation.

The community development director shall consider applications for a minor deviation and may, with or without conditions, approve any application that

is in general accord with the following principles and standards based on findings and conclusions drawn from information and evidence presented.

Minor deviations shall be granted only when the community development director determines that the proposed minor deviation complies with the following findings:

A. Special Circumstance. There are special circumstances applicable to the property, including, without limitation, size, shape, topography, location, surroundings, or unclear property lines, where the strict application of this Title 20 deprives such property a right possessed by other property in the same vicinity or other properties that have the same zone district classification; and
B. Similar Privileges That granting a minor deviation is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity or other properties that have the same zone district classification; and
C. Safety and Welfare. That granting the minor deviation will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located; and
D. Consistent Privileges. That granting the minor deviation does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is located.

49.Section 20.84.360 (Exceptions to expiration time) of Part 5 (Minor Deviation, Conditional Use Permits and Variances) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

The expiration of a minor deviation, conditional use permit or variance shall occur in accordance with Part 1 of this chapter with the following exceptions:

50.Subsection 20.84.360(B) (Extension) of Section 20.84.360 (Exceptions to expiration time) of Part 5 (Minor Deviation, Conditional Use Permits and Variances) of Chapter

20.84 (Permit Procedures) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

B. Extension. Upon an application received prior to the expiration of a minor deviation, conditional use permit or variance, the following shall apply:
planning commission may extend the expiration date of such permit for a period not to exceed one additional year. Any decision on such an application may be appealed to the city council pursuant to CMC 20.84.160.

1. Conditional use permit and variance. The planning commission may extend the expiration date of such permit for a period not to exceed one (1) additional year. Any decision on such an application may be appealed to the city council pursuant to CMC 20.84.160.

2. Minor deviation: The director of community development may extend the expiration date of such approval for a period not to exceed one (1) additional year. If the minor deviation has been approved in conjunction with additional land use entitlements, the expiration date of those entitlements shall supersede.

51.Repeal Section 20.84.560 (Special requirements for Mixed-Use, Entertainment, and HDR Zones).

20.84.560Special requirements for Mixed-Use, Entertainment, and HDR Zones.

Development agreements are required for certain new development project in the Mixed-Use, Entertainment, and HDR Zones, pursuant to CMC 20.16.050 and 20.28.040

52.A new part, Part 11 (California Environmental Quality Act Implementation) is added to Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) as follows:

20.84.710 CEQA Determination.

The Director of Community Development is responsible for making the CEQA determination of Public Resource Code 21080.1. The CEQA determination decision will be made within the timeframe permitted by Public Resource Code 21080.2. When the Director of Community Development determines that a project is exempt from CEQA, their determination initiates the project approval or disapproval timeline given in Government Code 65950(a)(5).

53.A new part, Part 12 (Accessory Dwelling Unit Design Variance) is added to Chapter

20.84 (Permit Procedures) of Title 20 (Zoning) as follows:

20.84.720 Intent and Purpose.

The accessory dwelling unit design variance process is an administrative review undertaken by the director of community development to provide a process by which applicants building accessory dwelling units can propose a design that does not meet the architectural design standards for accessory dwelling units. This is a ministerial process.

20.84.730 Applicability.

An accessory dwelling unit design variance is required for any accessory dwelling unit that cannot meet the architectural design standards for accessory dwelling units. No zoning clearance or building permit shall be granted until an accessory dwelling unit design variance has been issued.

20.84.740 Findings and determination for accessory dwelling unit design variance.

The director of community development shall consider applications for accessory dwelling unit design variance and shall, with or without conditions, approve any ADU which is in general accord with the following principles and standards based on findings and conclusions drawn from information and evidence presented. An accessory dwelling unit design variance shall be granted when the director of community development or his or her designee respectively determines that the proposed accessory dwelling unit complies with the following findings:

A. Consistency. The accessory dwelling unit is consistent with the City’s accessory dwelling unit ordinance.

B. Proportionality. The height, bulk, and other design features of the accessory dwelling unit are in proportion to the building site, and external features are balanced and unified so as to present a harmonious appearance.

C. Design. The accessory dwelling unit design contributes to the physical character of the community and relates harmoniously to the site which it sits upon.

D. Cost. Complying with the architectural design standards of the City’s accessory dwelling unit ordinance is cost burdensome for the applicant.

The cost of complying with these architectural design standards presents a barrier to the applicant’s ability to build the accessory dwelling.

54.A new part, Part 13 (Off-Menu Density Bonus Concession Permit) is added to Chapter

20.84 (Permit Procedures) of Title 20 (Zoning) as follows:

20.84.750 Intent and Purpose
Off-menu density bonus concessions and waivers shall be reviewed by the proper reviewing authority for the project and shall be approved subject to State Density Bonus Law findings per Government Code 65915.

20.84.750 Application
The city may, at its discretion, require the applicant to demonstrate that the proposed concession of a development standard is needed to make the affordable units economically feasible.

20.84.760 Number of Concessions
The applicant shall receive the following total number of incentives or concessions. Any on-menu concessions requested from CMC 20.52.330(B) shall count toward the total number of concessions:

A. One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5

percent for very low income households, or at least 10 percent for persons and families of moderate income in a development in which the units are for sale.

B. Two incentives or concessions for projects that include at least 17 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a development in which the units are for sale.

C. Three incentives or concessions for projects that include at least 24 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a development in which the units are for sale.

D. Five incentives or concessions for a 100 percent affordable project meeting the criteria of Government Code 65915(b)(1)(G). If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area as determined by the state, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.

E. One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development.

F. Four incentives or concessions for projects that include at least 16 percent of the units for very low income households or at least 45 percent for persons and families of moderate income in a development in which the units are for sale.

20.84.770 Findings
An applicant for a density bonus may submit a proposal for off-menu development standard concessions. The City shall grant the off-menu concession requested by the applicant unless the City makes a written finding, based upon substantial evidence, of any of the following:

A. The off-menu concession does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set.

B. The off-menu concession would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.

C. The off-menu concession would be contrary to state or federal law.

55.Section 20.88.020 (A definitions) of Chapter 20.88 (Definitions) of Title 20 (Zoning) is amended to add the following definitions in alphabetical order:
“Accent color” is the color used to highlight elements such as sun shades or canopies, window sashes and doors, horizontal moldings, string course along the coping of parapet wall, as well as other ornamental details. These trim colors are usually darker and more intense than other colors. “Accessory dwelling unit” means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: a) an efficiency unit, b) a manufactured home, as defined in Section 18007 of the Health and Safety Code.

56.Section 20.88.030 (B definitions) of Chapter 20.88 (Definitions) of Title 20 (Zoning) is amended to add the following definitions in alphabetical order:
“Base Color” is the color used on the majority of the building surface, generally the lightest of the base, secondary and accent colors. The base

color used is on the smooth wall surfaces as well as other less visible features.

57.Section 20.88.060 (E definitions) of Chapter 20.88 (Definitions) of Title 20 (Zoning) is amended to add the following definitions in alphabetical order:
“Efficiency Kitchen” is a kitchen located inside an accessory dwelling unit that includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the accessory dwelling unit.

58.Definition of “family” of Section 20.88.070 (F definitions) of Chapter 20.88 (Definitions) of Title 20 (Zoning) is amended to add the following definitions in alphabetical order:
“Family” means one or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit. a group of persons, whether related or unrelated, who live together in a nontransient and interactive manner, including the joint use of common areas of the premises which they occupy, and sharing household activities and responsibilities such as meals, chores, and expenses. And, notwithstanding the foregoing, any group of persons required to be considered as a “family” for zoning purposes pursuant to California Health and Safety Code Sections 1267.8, 1566.3, 1568.0831, 1569.85, 11834.23 or any other state law shall be deemed to be a family for purposes of this code.

59.Section 20.88.130 (L definitions) of Chapter 20.88 (Definitions) of Title 20 (Zoning) is amended to add the following definitions in alphabetical order:
“Low-barrier navigation center” means a Housing First, low-barrier, serviceenriched 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.

60.Section 20.88.160 (O definitions) of Chapter 20.88 (Definitions) of Title 20 (Zoning) is amended to add the following definition under “Open space” in alphabetical order:

“Total open space” means an open space area meeting the definitions of common open space, private open space, or publicly accessible open space (publicly accessible open space only applies to mixed use zones).

61.Section 20.88.200 (S definitions) of Chapter 20.88 (Definitions) of Title 20 (Zoning) is amended to add the following definitions in alphabetical order:
“Secondary Color” is the color used to accentuate certain elements of the façade such as façade modulations, façade setbacks (recessed elements), spandrels, horizontal moldings, and parapet trim. The color may be created by the material used.
“Single-room occupancy” means a dwelling unit with a minimum floor area of 200 square feet and a maximum floor area of 350 square feet. These dwelling units shall have kitchen and bathroom facilities. Each dwelling unit is restricted to occupancy by no more than two persons and is offered on a monthly rental basis or longer.

62. Section 20.52.070 (Alcoholic Beverage Sales and Services) of Chapter 20.52 (Standards for Specific Land Uses) of Title 20 (Zoning) is amended as follows:
“Any sale and serving of alcoholic beverages for off-site and/or on-site consumption shall be prohibited unless both the city planning commission and city council have approved a conditional use permit. The following regulations shall apply to all businesses engaged in alcoholic beverage sales and services.”

63.Section 20.52.080 (Restaurants) of Chapter 20.52 (Standards for Specific Land Uses) of Title 20 (Zoning) is amended as follows:
“Any bona fide restaurant otherwise permitted in the relevant zoning classification may serve alcohol for on-premises consumption only with a valid conditional use permit which shall be subject to at least yearly review by the community development director the city council and which may contain but need not be limited to the following conditions:”

64.Subsection 20.52.090(A) of Section 20.52.090 (Vehicle service station selling beer and wine for off-premises consumption) of Chapter 20.52 (Standards for Specific Land Uses) of Title 20 (Zoning) is amended as follows:
“A. Conditional Use Permit Required. Any vehicle service station otherwise permitted in the relevant zoning classification may only sell for off-premises consumption beer and wine as defined in California Business and Professions Code Sections 23006 and 23007, as those code sections may be amended, supplemented, or renumbered, only with a valid conditional use permit, which shall be subject to at least yearly review by the community development director city council and which may contain but need not be limited to the following conditions:

65.Subsection 20.52.100(B) of Section 20.52.100 (Beer and wine convenience store) of Chapter 20.52 (Standards for Specific Land Uses) of Title 20 (Zoning) is amended as follows:
“B. Conditional Use Permit Required. All beer and wine convenience stores shall be permitted only with a valid conditional use permit, which shall be subject to at least yearly review by the community development director city council and which may contain but need not be limited to the following conditions:”

66.Subsection 20.52.110(A) of Section 20.52.110 (Grocery stores selling liquor) of Chapter 20.52 (Standards for Specific Land Uses) of Title 20 (Zoning) as amended as follows:
“A. Conditional Use Permit Required. All grocery stores selling liquor shall be permitted only with a valid conditional use permit, which shall be subject to at least yearly review by the community development director city council and which may contain but need not be limited to the following conditions.”

Attachment F Page 393 of 430
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STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor/ Vice Mayor/ City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
Prepared by: Raul Diaz
Concurrence: Juan Arauz, AICP, Community Development Director Subject: Adoption by First Reading of Ordinance No. 745 Approving Adding a New Chapter, Chapter 15.44 (Electric Vehicle Charging Station), to Title 15 (Buildings and Construction) of the Existing CMC as Proposed by Municipal Code Text Amendment No. 2024-03

RECOMMENDATION
Staff recommends that the City Council of the City of Cudahy (the “City”):

1. Open the public hearing and receive public comment; and

2. Adopt by first reading Ordinance No. 745 (Attachment A) of the City Council of the City of Cudahy, California, approving adding a new chapter, Chapter 15.44 (Electric Vehicle Charging Station), to Title 15 (Buildings and Construction) of the existing CMC as proposed by Municipal Code Text Amendment No. 2024-03; and

3. Schedule a second reading of Ordinance No. 745 at the next regularly scheduled City Council meeting on June 4, 2024; and

4. Find the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 150601(b)(3).

BACKGROUND

1. In 2015, the State of California adopted Assembly Bill 1236 (2015, Chiu, Codified as Government Code Section 65850.7), which requires local jurisdiction to adopt an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations.

Item Number
13D

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2. An electric vehicle charging station is any level of electric vehicle supply equipment station which delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. AB 1236 may refer to the recommendations in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Governor’s Office of Planning and Research.

3. Assembly Bill 1236, which amended Government Code Section 65850.7 to require jurisdictions with a population less than 200,000 residents to establish procedures for expedited, streamlined processes for permitting of electric vehicle charging stations. The amendments to Section 65850.7 include the requirement for a jurisdiction to adopt an ordinance for the expedited, streamlined process. The ordinance shall include the requirement that a jurisdiction adopt a checklist of requirements with which a permit application for an electric vehicle charging station will be eligible for expedited review.

4. AB 970 (McCarty, 2021), codified in Government Code Section 65850.71 builds on California’s existing permit streamlining law, AB 1236. Jurisdictions are required by AB 1236 to Limit EVCS project review to health and safety requirements. AB 970 adds specific binding timelines to that review period. Based on the size of the project and clarifies parking requirements.

5. All cities and counties including charter cities in California are required to comply with AB 1236 and AB 970. AB 970 Shall become operative on January 1, 2022 for every city, county, or city and county with population of more than 200,000 residents. This section should apply beginning on January 1, 2023 for every city, county, city and county with fewer than 200,000 residents.

6. On February 26, 2024, the Planning Commission held a duly noticed public hearing on this item, considered all public comments both before and during the public hearing, the presentation by City staff, the relevant staff report and other pertinent documents and continued public hearing to the next scheduled Planning Commission meeting.

7. On March 18, 2024, the Planning Commission continued the duly public hearing on this code amendment and adopted Planning Commission Resolution No. 2024-02 (Attachment B) on a 3-0 vote recommending the City Council approval of Municipal Code Text Amendment No. 2024-03 adding Chapter 15.44 of Title 15 of the CMC.

DISCUSSION
This process includes the establishment of a checklist containing objective requirements for the installation of an electric vehicle charging station and a process for electronic submittal of permit applications. The content of the checklist requires the permit applicant to check the features of the existing electrical service such as rating in amperes, system voltage, connected

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or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to comply with all applicable building and fire safety laws. The checklist also assists the applicant in confirming that the location of the electric vehicle supply equipment will comply with any vehicle clearance requirements. Govt. Section 65850.7 requires that the City’s checklist be based on the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” of the Governor’s Office of Planning and Research. Assembly Bill 1236 (2015) also clarifies that a jurisdiction shall not condition approval of a permit for an electric vehicle charging station based on the approval of an association as defined in California Civil Code, Section 4080.

City staff is taking measures to meet all requirements of Assembly Bill 1236 and as amended.

This includes finalizing the application checklist in conjunction with the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook”, measures for electrical compliance, and standard items for fire prevention safety. Building and Fire inspection staff are also developing procedures for expedient and thorough inspection of the electric vehicle charging stations.

This Municipal Code Text Amendment No. 2024-03 is summarized in Table 1 below.

TABLE 1 – SUMMARY OF PROPOSED AMENDMENTS
CMC Section(s) Discussion

15.44.010
through

15.44.070
New Chapter and Subsequent Sections Added.

The section is amended to speed up EV Charging stations which includes the following:
• Established a purpose for the chapter.
• Establishes four definitions including: Building Official, Electric Vehicle Charging Stations or Charging Stations, Nonconforming Charging Stations, Specific Adverse Impact.
• Applicability.
• Electric Vehicle Charging Station Requirements.
• Application and Documents.
• Permit Review Requirements and Appeals.
• Fees.

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CONCLUSION
The proposed expedited permitting procedures for EV Charging Stations will encourage homeowners and businesses to install and use EV charging stations by promoting a state mandated local program that is obstacle-free, cost-effective, and ensures an expedited permit process.

ENVIRONMENTAL REVIEW
The municipal code text amendment has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City.

The proposed municipal code text amendment is exempt from the requirements of the CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. This exemption applies to all activities that have no significant effect on the environment and are not a project under CEQA.

PUBLIC NOTICE AND COMMENTS
The municipal code amendment was noticed in accordance with the City’s public noticing requirements, which involved publication in the local paper as provided in Attachment C. As of the writing of this report, staff has not received public comments.

ATTACHMENTS
A. Draft Ordinance No. 745
B. Planning Commission Resolution No. 2024-02
C. Newspaper Publication

ORDINANCE NO. 745

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA ADOPTING MUNICIPAL CODE
TEXT AMENDMENT NO. 2024-03, ADDING A NEW
CHAPTER, CHAPTER 15.44 (ELECTRIC VEHICLE
CHARGING STATION) TO TITLE 15 (BUILDINGS AND

CONSTRUCTION) OF THE CUDAHY MUNICIPAL CODE
WHEREAS, the City of Cudahy (“City”) is a general law city, incorporated under the laws of the State of California (“State”); and
WHEREAS, pursuant to the City’s power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with the general laws; and WHEREAS, the City of Cudahy (“City”) desires to remain compliant with State law regarding Electric Vehicle Charging Stations (“EVCS”) including but not limite to AB 1246 and AB 970 which requires every city and county to expedite and streamline the local review process by adopting an ordinance and adopt a checklist of requirements with which a permit application for EVCS will be eligible for expedited review; and WHEREAS, on February 26, 2024, the Planning Commission held a duly noticed public hearing on this item, considered all public comments both before and during the public hearing, the presentation by City staff, the relevant staff report and other pertinent documents and continued public hearing to the next scheduled Planning Commission meeting; and
WHEREAS, on March 18, 2024, the Planning Commission continued the duly public hearing and adopted Planning Commission Resolution No. 2024-02 on a 3-0 vote recommending the City Council approval of Municipal Code Text Amendment No. 2024- 03 adding Chapter 15.44 of Title 15 of the Cudahy Municipal Code (“CMC”); WHEREAS, pursuant to Government Code §§ 65090 and 65091, this matter was duly noticed and posted for a public hearing consistent with Cudahy Municipal Code (“CMC”) procedures for a municipal code text amendment; and WHEREAS, on May 21, 2024, the City Council at a duly noticed public hearing considered all public comments received both before and during the public hearing, the presentation by City staff, the relevant staff report and other pertinent documents and adopted Ordinance No. 745 amending the CMC; and
WHEREAS, the Community Development Director is authorized to make minor updates to the proposed amendment before the publication of the code amendments, as long as the City Attorney determines that such changes are not substantial.

Attachment A Page 399 of 430
Ordinance No. 745

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

SECTION 1. The facts set forth in the recital paragraphs above are true and correct.

SECTION 2. Addition of Chapter 5.44 (Electric Vehicle Charging Station) to Title 15 (Buildings and Construction) of the Cudahy Municipal Code as follows:

15.44.010 Purpose
The purpose of this chapter is to provide an expedited, streamlined permitting process for electric vehicle charging stations that will encourage the timely and costeffective installations of electric vehicle charging stations, in compliance with California Government Code Section 65850.7. This chapter is intended to achieve these goals while protecting public health and safety.

15.44.020 Definitions
For the purpose of this Chapter, the words, terms and phrases as defined in this section shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended:

A. Building Official or Official
“Building Official” or “Official” means the City’s Building Official or designee.

B. Electric Vehicle Charging Station(s) or Charging Station(s) “Electric vehicle charging station(s)” or “charging station(s)” means an electric vehicle supply equipment station, of any level, ancillary to a primary use, that delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle and is designed and built in compliance with Article 625of the California Electrical Code, as it reads on the effective date of this chapter, or as it may be amended.

C. Nonconforming Charging Station(s)
“Nonconforming charging station(s)” means any charging station that was lawfully established and in compliance with all applicable laws at the time it was installed, but which, due to enactment of this chapter, no longer complies with all the applicable regulations and standards of the zone in which the property is located.

D. Specific Adverse Impact

Ordinance No. 745

“Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the City found the electric vehicle charging station application complete.

15.44.030 Applicability
A. Except for charging stations located on publicly-owned property, this chapter applies to the permitting of all charging stations in the City.

B. Unless modified after the effective date of the ordinance codified in this chapter, nonconforming charging station(s) are exempt from this chapter.

Routine operation and maintenance, or like-kind replacements, do not require a permit.

15.44.040 Electric Vehicle Charging Station Requirements A. All electric vehicle charging stations must meet all applicable health and safety standards and requirements, as set forth in Federal, State, County, and municipal codes and regulations.

B. Electric vehicle charging stations must meet all applicable safety and performance standards established by applicable law including, without limitation, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

15.44.050 Application and Documents
A. All documents required for the submission of a charging station application will be made available on the City’s website and at City Hall.

B. Applicants may submit the required permit application and documents by submitting them either via electronic mail or by delivering them to the Building Official. An applicant’s electronic signature will be accepted on all forms, applications, and other documents in lieu of a wet signature.

C. The Building Official, or designee, will adopt a checklist of all requirements with which the charging stations must comply to be eligible for expedited review. The electric vehicle permit process, standard(s) and checklist(s) must substantially conform to recommendations for permitting of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Office of Planning and Research, including the checklist and standards contained in the “Plug-In Electric Vehicle Infrastructure Permitting Checklist.”

Ordinance No. 745

D. If an application is submitted to the City and the Building Official deems the application incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance must be sent to the applicant for resubmission. The correction notice must be sent within ten (10) days after submission of the application.

15.44.060 Permit Review Requirements—Appeals.

A. Review of an electric vehicle charging station permit application is limited to whether the application meets local, State, and Federal health and safety requirements. If the application meets the requirements of the approved checklist and standards, and the proposed charging station does not pose any specific, adverse impact upon public health or safety, the Building Official must approve the application.

B. If the Building Official determines, based on the application, that the proposed charging station could have a specific, adverse impact upon the public health and safety, the Building Official may require an “Electric Vehicle Charging Station Use Permit.” The permit may include conditions designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

C. The Building Official must notify an applicant whether the application has been approved, or, alternatively, whether the applicant must obtain an Electric Vehicle Charging Station Use Permit, within thirty (30) days after the submission of a complete application.

D. An application for an Electric Vehicle Charging Station Use Permit can only be denied if the Building Official finds that: (1) the proposed installation would have a specific, adverse impact upon public health or safety; and (2) there is no feasible method to satisfactorily mitigate or avoid the adverse impact. These findings must be presented in writing, must include the basis for the rejection of the potential feasible alternative for preventing the adverse impact, and must be based upon substantial evidence in the record.

E. A feasible method to satisfactorily mitigate or avoid the specific, adverse impact may include, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on a prior successful application for an Electric Vehicle Charging Station Use Permit, where the proposed charging station is similarly situated to the charging station in that prior successful application.

F. Any decision by the Building Official made pursuant to this chapter may be appealed to the planning commission in accordance with the procedure set forth in (Chapter 20.84 Permit Procedures).

Ordinance No. 745

15.44.070 Fees.

The City Council may establish by resolution the fees for permits issued under this chapter.

SECTION 3. CEQA. This Ordinance has been assessed in accordance with the California Environmental Quality Act (“CEQA”) (Pub. Res. Code § 21000 et seq.), CEQA Guidelines (Cal, Code Regs., tit. 14, § 15000 et seq.) and the environmental regulations of the City. Adoption of this Ordinance is categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3). This exemption applies to where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 4. Inconsistent Provisions. Any provision of the Cudahy Municipal Code, or appendices thereto, that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.

SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.

SECTION 6. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Cudahy Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.

SECTION 7. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption.

This Ordinance shall become effective in full force and effect thirty (30) days after adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this __ day of _____ 2024.

Ordinance No. 745

______________________________
Jose Gonzalez
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk

Ordinance No. 745

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 745 was introduced for a first reading on the _____ day of ____ 2024 and approved for a second reading and adopted by said Council at its regular meeting held on the ______ day of ______ 2024 by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Iglesias
City Clerk

Attachment B

Attachment C Page 415 of 430
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CITY OF CUDAHY
MAY 21, 2024
UPDATE: LOS ANGELES COUNTY ANIMAL CARE AND CONTROL SERVICE AGREEMENT 2024-2029

BACKGROUND/ANALYSIS
 2015 Study Housing costs
 2018 Second study and implementation
 Six-Year Step-Up Plan

BACKGROUND/ANALYSIS
 New agreement was sent and asked to be returned May 31, 2024.  City will not be returning the agreement until review of  Not to exceed amount, validation of data/services, surrounding cities ongoing discussions  Tri-City/County meeting first week of June

RECOMMENDATION
Recommendation:

Receive and File the Presentation.

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STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: City Attorney’s Office
Subject: Discussion of Potential Ballot Measure for the November 5, 2024 Election, Extending Term Limits for Council Members

RECOMMENDATION
The City Council is recommended and provided feedback as to the potential language for the ballot measure to be included in the November 5, 2024 election, extending term limits for Council Members.

BACKGROUND

1. On November 4, 2014, the City Council adopted Resolution No. 14-72 calling for a General Municipal Election to be held on Tuesday, March 3, 2015, and adding a measure to enact City Council term limits.

2. On March 5, 2015, out of 6880 Cudahy registered voters, 986 votes were cast, 672 voted yes, and 133 voted no on Measure A, enacting term limits.

3. On March 13, 2015, the County of Los Angeles Registrar-Recorder/County Clerk’s Office provided the City Clerk’s Office with the Official Canvass Certificate and the Official Statement of Votes Cast for the General and Special Municipal Election held on March 3, 2015.

4. On April 7, 2015, the City Council Certified the March 3, 2015 election results, and adopted Ordinance No. 642, adding Section 2.04.100 (Term Limits) to Chapter 2.04 (City Council) of the Cudahy Municipal Code to read as follows:

Section 2.04.100 TERM LIMITS
Pursuant to the authority granted to the city under Government Code section 36502, no person shall serve more than eight (8) years, or two (2) four-year terms as a member of the Cudahy City Council, with any portion of a term, whether by election or Item Number
14B

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appointment, counting as a full term.

ANALYSIS
Ordinance No. 642 established term limits that allow no one to be on the Cudahy City Council for more than eight (8) years or two (2) four-year terms. This includes being elected or appointed for any part of a term, which counts as a full term. Term limits applied to all City Council Members in office starting in the 2017 General Municipal Election.

At the City Council Meeting on April 16, 2024, the City Council gave direction to bring back potential language for a ballot measure increasing the term limits from two (2) four-year terms to three (3) four-year terms for a maximum total of twelve (12) years, the potential language for the ballot measure is:

Section 2.04.100 TERM LIMITS
Pursuant to the authority granted to the city under Government Code section 36502(b), no person shall serve more than twelve (12) years, or three (3) four-year terms as a member of the Cudahy City Council.

Any person who, either by appointment or election, serves a partial term of office as a member of the city council for any portion of a term, shall be deemed, for the purposes of this section, to have served a full four-year term. Any member of the city council who resigns or is removed from office during a term shall be deemed to have served a full term.

CONCLUSION
The City Council is recommended to discuss and provide feedback to the potential language for a ballot measure to be included in the November 5, 2024 election, extending term limits for Council Members, to be voted on by the residents of the City of Cudahy.

FINANCIAL IMPACT

ATTACHMENTS
A. Ordinance No. 642

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STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Joshua Calhoun, Finance Director/City Treasurer
Stephanie Arechiga, City Attorney
Subject: Discussion and Direction – City Council Compensation

RECOMMENDATION
The City Council is recommended to discuss and provide direction as to whether they would like to increase the monthly stipend the City Council Members receive.

BACKGROUND/ANALYSIS
On July 27, 2015, the City Council approved Resolution No. 15-38 establishing the compensation for City Council Members. Resolution No. 15-38, however, did not increase the monthly compensation for Council Members, this was last done in 2002. Currently under this Resolution, each Council Member receives a monthly compensation of $483.60. In addition to their monthly compensation, each Council Member receives $375 in monthly automobile allowance, reimbursement of City business related expenditures, health insurance coverage up to $1,200 per month, 100% of dental and vision insurance coverages, and CalPERS retirement plan contribution of $1,200 maximum towards retiree health plan after 5 continuous years of service with the City.

Pursuant to Government Code Section 36516 (a)(4), Council Member salary may be increased by either: (1) an amount not to exceed 5% for each calendar year from the operative date of the last adjustment; (2) an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, subject to a 10% per calendar year cap.

Taking into account the additional compensation increase conditions of 5% per calendar year from last adjustment in 2002, would bring the maximum monthly salary amount to $1,414.66.

In addition to the 5% maximum increase available to the Council, a recent change in Government Code Section 36516 sets the baseline salary at $950 a month as of January 1, 2024.

Item Number
14C

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While it is not required that the City Council increase their salary to this amount, this is currently the baseline as set by the Government Code.

Any increase to Council salary must be done by ordinance and will not apply to any Council Member until after the November 2024 election.

CONCLUSION
Staff are requesting discussion and direction from the City Council regarding compensation for City Council. City Council can take any of the following actions:

1. Increase compensation from the current amount to any amount up to the maximum limit of $1,414.66, in addition to the $375 in monthly automobile allowance, reimbursement of City business related expenditures, health insurance coverage up to $1,200 per month, 100% of dental and vision insurance coverages, and CalPERS retirement plan contribution of $1,200;

2. Leave compensation at current amount.

Once direction is given, staff will return with an ordinance for final discussion and possible approval.

STRATEGIC PLAN CORRELATION
Goal D: Financial Stability and Transparency

1. Develop clear, concise, materials to educate and engage the community about the City’s budget, finances, spending, and investments, and policies.

FINANCIAL IMPACT
The impact on the budget would vary depending on the agreed upon increase by the City Council, a more accurate impact can be presented once an amount has been determined.

ATTACHMENTS
A. PowerPoint Presentation

CITY COUNCIL COMPENSATION

DISCUSSION AND POSSIBLE DIRECTION
MAY 21, 2024
Attachment A Page 425 of 430
RESOLUTION NO. 15-38 COUNCIL COMPENSATION
Most current compensation resolution states:
● Monthly Salary
○ $483.60
● Monthly Automobile Allowance
○ $375
● Reimbursement for City Related Expenses
● Health Insurance coverage up to $1,200 per month
● Dental Insurance coverage of 100% of plan cost
● Vision Insurance coverage of 100% of plan cost
● CalPERS retirement Plan
○ With $1,200 maximum contribution toward retiree health plan after 5 continuous years of service with the City.

COMPENSATION STUDY RESULTS
City
Monthly
Stipend
Auto
Allowance
Other
Allowances*
Total
Stipend &
Allowances
Medical
Benefits
Reimb for
City
Expenses
Cudahy 483.60 375.00 50.00 908.60 Y Y
Bell Gardens 739.63 650.00 250.00 1,639.63 Y N
Huntington Park 1,228.65 - - 1,228.65 Y N/A
Lynwood 975.00 250.00 250.00 1,475.00 Y Y
Hawaiian Gardens 795.83 450.00 75.00 1,320.83 Y N/A
Maywood 556.45 - 480.00 1,036.45 Y N/A
Bell 673.00 - - 673.00 Y Y
*Other allowances include Cell Phone/Communications/Technology

INCREASE OF CITY COUNCIL SALARY
● Must be done by ordinance, requiring a first and second reading, and is not in effect until 30 days after the second reading.
● Government Code Section 36516, sets the baseline salary for the Council as a minimum of $950 a month as of January 1, 2024.
● The salary of Council Members may be increased by an amount not to exceed 5% for each calendar year from the operative date of the last adjustment. ● The current monthly salary of $483.60 was last adjusted in 2002, which would set the maximum total at $1,414.66.
● Government Code Section 36516.5 prohibits any change in compensation during a Council Member’s term of office. However, because City Council Member’s serve staggered terms, the entire Council is eligible for an increase following the municipal election in 2024 when there will be two available seats, this increase would be in the middle of three Council Members’ terms and is permitted.

OPTIONS AVAILABLE TO THE COUNCIL AT THIS TIME
● Immediately request we bring back an ordinance that would increase the salary at any amount equal to $ 1,414.66 or less, not in effect until after the 2024 election; or
● No direction and leave the salary as is.

QUESTIONS ?