Cudahy City Council
May 21, 2024

AGENDA

A REGULAR MEETING

OF THE CUDAHY CITY COUNCIL
and JOINT MEETING of the
CITY OF CUDAHY AS SUCCESSOR AGENCY and HOUSING SUCCESSOR AGENCY

TO THE CUDAHY DEVELOPMENT COMMISSION
Tuesday, May 21, 2024 – 6:30 P.M.

Written materials distributed to the City Council within 72 hours of the City Council meeting shall be available for public inspection at www.cityofcudahy.com In compliance with the Americans with Disabilities Act (ADA) if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at (323) 773-5143 at least 72 hours in advance of the meeting.

Rules of Decorum
Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.

When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.

If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.)
Jose R. Gonzalez, Mayor
Elizabeth Alcantar, Vice Mayor
Martin U. Fuentes, Council Member
Cynthia Gonzalez, Council Member
Daisy Lomelí, Council Member
This meeting will be conducted in
person, telephonically, and
electronically.

Council Chambers/Bedwell Hall
5240 Santa Ana Street
Cudahy, CA 90201
Teleconference Phone Number:
1 (669) 900-6833
Meeting ID: 853 8392 9779
https://us06web.zoom.us/j/85383929779

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
May 21, 2024, at 6:30 P.M.

1. CALL TO ORDER

2. ROLL CALL
Council / Agency Member Fuentes
Council / Agency Member Gonzalez
Council / Agency Member Lomelí
Vice Mayor / Vice Chair Alcantar
Mayor / Chair Gonzalez

3. APPROVAL OF AGENDA

4. PLEDGE OF ALLEGIANCE

5. LAND ACKNOWLEDGMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

6. PRESENTATIONS
A. Certificate of Recognition Awarded to Gloria Hernandez, Teacher B. ScholarMatch Program (page 9)
C. Siemens Project Update (page 21)

7. PUBLIC COMMENTS
(Each member of the public may provide a public comment in person, telephonically or electronically.

In person participants must submit one comment card if they wish to address the City Council. Only speakers that submit a comment card within the first 20 minutes of the meeting will be permitted to speak. Remote participants may provide public comment by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone, if they wish to address the City Council. Members of the public are permitted to speak for three (3) minutes concerning items under the City Council’s jurisdiction, including items on the council agenda.)
(Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403).)

8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS (Each Council Member is limited to three minutes.)

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
May 21, 2024, at 6:30 P.M.

(This is the time for the City Council / Agency to comment on any topics related to “City Business,” including announcements, reflections on city / regional events, response to public comments, suggested discussion topics for future council meetings, general concerns about particular city matters, questions to the staff, and directives to the staff (subject to approval / consent of the City Council majority members present, regarding staff directives). Each Council / Agency Member will be allowed to speak for a period not to exceed three (3) minutes. Notwithstanding the foregoing, the City Council Members shall not use this comment period for serial discussions or debate between members on City business matters not properly agendized. The City Attorney shall be responsible for regulating this aspect of the proceeding.)

9. CITY MANAGER REPORT (information only)

10. REPORTS REGARDING AD HOC, ADVISORY, STANDING, OR OTHER COMMITTEE

MEETINGS

11. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES (Consideration to waive full text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.) (COUNCIL / AGENCY)
Recommendation: Approve the Waiver of Full Reading of Resolutions and Ordinances.

12. CONSENT CALENDAR
(Items under the Consent Calendar are considered routine and will be enacted by one motion, prior to the vote to approve the Consent Calendar, each Council Member shall have a maximum of three (3) minutes to comment on the Consent Calendar as a whole. There will be no separate discussion of these items unless a Council / Agency Member so requests specific item(s) be removed from the Consent Calendar for separate action. Items may only be considered as a separate action if either (1) a Council Member must recuse themselves due to a conflict of interest or (2) a Council Member has specific questions for City Staff. Items called for separate discussion will be heard as the next order of business.) A. Consideration to Review and Approve the Draft Minutes of May 7, 2024, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission (page 35) Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for May 7, 2024.

B. Approval of the Local Agency Investment Fund (LAIF) for the Month of April 2024 (page 49)

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
May 21, 2024, at 6:30 P.M.

Presented by the Finance Director
Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of April 2024 in the amount of $12,864,594.90.

C. Approval of the City Demands and Payroll Including Statement of Investment for the Month of April 2024 (page 53)
Presented by the Finance Director
Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $1,399,214.40 including the Statement of Investments for the month of April 2024.

D. Adoption by Second Reading of Ordinance No. 742 approving Municipal Code Text Amendment No. 2024-02 to amend Chapter 8.52 (Fireworks) of Title 8 (Health and Safety) of the Cudahy Municipal Code (page 65)
Presented by the Senior Planner
Recommendation: Staff recommends that the City Council take the following actions:

1. Adopt by second reading Ordinance No. 742 (Attachment A) of the City Council of the City of Cudahy, California, approving Municipal Code Text Amendment No. 2024-02 amending Title 8 (Health and Safety), Chapter 8.52 (Fireworks) of the Cudahy Municipal Code.

13. PUBLIC HEARING
A. Conditional Use Permit No. 2024-01: A Request to allow the on-site consumption of beer and wine (Type “41” Alcoholic Beverage Control License) in conjunction with a new restaurant (Epic Wings) at 8017 Atlantic Ave., Suite 103 in the Civic Mixed Use (Civic MU) zone (page 101) Presented by the Assistant Planner
Recommendation: City staff recommends that the City Council take the following action(s):

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

2. Adopt Resolution No. 24-11 of the City Council of the City of Cudahy, California to approve Conditional Use Permit No. 2024-01 to allow the on-site consumption of beer and wine (Type “41”) at a new restaurant (Epic Wings); and

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
May 21, 2024, at 6:30 P.M.

3. Find the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301 (Class 1, Existing Facilities).

B. Adoption by First Reading of Ordinance No. 743 approving Municipal Code Text Amendment No. 2024-04 to amend Chapter 9.08 (Alcoholic Beverages) of Title 9 (Public Peace, Morals and Welfare) of the Cudahy Municipal Code (page 155)
Presented by the Senior Planner
Recommendation: Staff recommends that the City Council take the following actions:

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

2. Adopt by first reading Ordinance No. 743 of the City Council of the City of Cudahy, California, approving Municipal Code Text Amendment No. 2024-04 amending Chapter 9.08 (Alcoholic
Beverages) of Title 9 (Public Peace, Morals and Welfare) of the Cudahy Municipal Code; and

3. Schedule a second reading of Ordinance No. 743 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).

C. Adopt by first reading Ordinance No. 744 of the City Council of the City of Cudahy approving Zoning Code Text Amendment (“ZTA”) No. 2024-01 to amend Chapters 20.16, 20.20, 20.24, 20.28,

20.30, 20.52, 20.56, 20.64, 20.84, and 20.88 of Title 20 (Zoning Code) of the Cudahy Municipal Code (“CMC”) (page 171)
Presented by the Senior Planner
Recommendation: Staff recommends that the City Council take the following actions:

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

2. Adopt by first reading Ordinance No. 744 of the City of Cudahy, California, recommending the City Council to approve Zoning Code Text Amendment No. 2024-01 amending Title 20 (Zoning Code), Chapters 20.16, 20.20, 20.24, 20.28, 20.30, 20.52, 20.56, 20.64, 20.84 and

20.88 of the CMC; and

3. Schedule the second reading of Ordinance No. 744 at the next regularly scheduled meeting on June 4, 2024; and

4. Find the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3).

D. Adoption by First Reading of Ordinance No. 745 Approving Adding a New Chapter, Chapter 15.44

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
May 21, 2024, at 6:30 P.M.

(Electric Vehicle Charging Station), to Title 15 (Buildings and Construction) of the Existing CMC as Proposed by Municipal Code Text Amendment No. 2024-03 (page 395) Presented by the Building Official
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 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).

14. BUSINESS SESSION
A. Presentation on the Los Angeles County Animal Care and Control Services 2024-2029 (page 417)
Presented by the Community Services Director
Recommendation: The City Council is recommended to receive and file staff’s presentation.

B. Discussion of Potential Ballot Measure for the November 5, 2024 Election, Extending Term Limits for Council Members (page 421)
Presented by the City Attorney
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.

C. Discussion and Direction – City Council Compensation (page 423) Presented by the Finance Director
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.

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
May 21, 2024, at 6:30 P.M.

15. COUNCIL DISCUSSION – NONE

16. CLOSED SESSION – NONE

17. CLOSED SESSION ANNOUNCEMENT – NONE

18. ADJOURNMENT
I, Richard Iglesias, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City’s Website, City Hall, Clara Park, and Lugo Park not less than 72 hours prior to the meeting. A copy of said Agenda is on file in the City Clerk’sOffice.

Dated this 16th day of May 2024
Richard Iglesias
City Clerk

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Making College Possible
City of Cudahy
2024 Discovery Deck

I. ScholarMatch History
II. ScholarMatch Program at a Glance
III. Southeast LA Program Goals
IV. Q&A
Making College Possible
Agenda

ScholarMatch History
Founded in 2010 in the Mission District of San Francisco, CA Our mission is to support underserved first-generation college students from low-income backgrounds to earn a bachelor’s degree within five years.

ScholarMatch Program at a Glance
Additional*
Year
● Graduation
(for those who
need extra
time)
*Usually unfunded
Junior
Year
● Career
Programming
● Match 1:1 with
Volunteer
Career Coach
Sophomore
Year
● Career Launch
● Match 1:1 with
Volunteer Career
Coach
Freshman
Year
● Meet their
ScholarMatch
College Advisor
Year 1 Year 2 Year 3 Year 4 Year 5 Year 7
College Persistence
Scholars Program
College Access
Destined for College Program
7-Years of Support - To, Through, & Beyond College!
Senior
Year
● Graduation
(for those who
are on track to
graduate on
time)
Year 6
High School College
Receive Targeted Financial Support (Years 3-6)
Junior
Year
● Join DC program
summer of junior
year
● Get matched 1:1
with a Volunteer
College Coach
Senior
Year
● Begin preparing
for college
application
process
● Complete our
College-Ready
Milestones
● Apply to our SP
Program

Impact
What are our goals?
Programs
Destined for College (DC)
Program
Scholars Program (SP)
DC Goals
Access to 1:1 Virtual
College Counselling
Individual Financial Aid
Counseling
Access to College Prep
Materials & Workshops
Admission to Degree
Program
SP Goals
Access to Virtual
Academic Advising
Reduced Financial
Burden
Career Readiness
Degree Program
Completion
100% college
acceptance rate
97% freshmen
persistence rate
80% graduate college
within 5 years

Student Demographics - Race/Ethnicity
Hispanic or Latinx 48.8%
Asian or Asian
American 32.5%
Black or African
American 9.4%
Multiracial 4.6%
White 2.3%
Middle Eastern or
North African 0.2%
Indian Native 0.4%
Prefer not to say 1.9%

Which Colleges Do Our Students Attend?

Our Diverse Volunteer Base
Volunteers by State
0 1-25 26-50 51-100 101-750

Eligibility Requirements
Program Type Who Qualifies How Many Students
College Access
Destined for College
● High school students in
the class of 2025 who
meet our income
eligibility
● 3.5+ GPA*
*funder requirement
● Open & competitive
application process via
College Board/Big
Future
College Persistence
Scholars Program
● High school seniors
accepted to a four-year
university who will start
college in fall 2025 or
2026
● 200 in 2025
● 400 in 2026

Partner with
ScholarMatch Long-term experience in virtual 01 advising Staff and volunteers located across 02 US
Staff, board, and volunteers who
reflect the BIPOC communities we
serve
04 Support students
across California
and the country
through:
03 Flexible funding for students

Partner with
ScholarMatch
ScholarMatch
Board of Directors
and
Executive Director

Thank you and for more information,
please email
Karla V. Salazar, Executive
Director at
[email protected]

PUBLIC WORKS DEPARTMENT

CUDAHY EFFICIENCY AND RENEWABLE ENERGY PROJECT UPDATE

SIEMENS PROJECT

COUNCIL MEETING
MAY 21, 2024

RAUL DIAZ, BUILDING OFFICIAL

OVERVIEW
o Project Description
o Project Status

SIEMENS PROJECT
Project Description Status / Comment

1. Facilities Indoor and Outdoor Lighting Replacement LED City Hall
Library
Bedwell Hall
Clara Facilities
Clara Park And Clara Extension Park
Lugo Park Facilities
Public Works Yard
Gym

2. City Hall Parking Carport and Solar Panels

3. Re-Roof and HVAC Replacement:
 City Hall
 Clara Facilities
 Lugo Park
 Active Sub-Tasks: All facilities are 95%
completed with only minor items pending.
 100% Complete.
 In Progress.

1. Pending
 City Owned Streetlights Replacement
 Solar Panels at Clara Park and Lugo Park
 Pending traffic control plan approval.
 Pending roof completion.

SIEMENS PROJECT

LUGO PARK FACILITIES, GYM AND PUBLIC WORKS YARD LIGHT REPLACEMENT

SIEMENS PROJECT

CLARA PARK FACILITIES LIGHT REPLACEMENT

SIEMENS PROJECT

CLARA PARK AND CLARA EXTENSION PARK LIGHT REPLACEMENT

SIEMENS PROJECT

CITY HALL LIGHT REPLACEMENT

SIEMENS PROJECT (ENE-001)

LIBRARY FACILITY LIGHT REPLACEMENT

SIEMENS PROJECT

BEDWELL HALL LIGHT REPLACEMENT

SIEMENS PROJECT

CITY HALL NEW SOLAR PANEL CARPORT
Carport Solar System Installation: Farming 57.5 kwh

SIEMENS PROJECT

LUGO PARK FACILITIES, GYM, AND PUBLIC WORKS YARD RE-ROOF AND HVAC

REPLACEMENT

SIEMENS PROJECT

CLARA FACILITIES RE-ROOF AND HVAC REPLACEMENT

THIS CONCLUDES THE PRESENTATION
QUESTIONS or COMMENTS?

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“Serving the People” "Sirviendo A La Comunidad"
Staff Report
05/21/2024 Page 1 of 2

STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration to Review and Approve the Draft Minutes of May 7, 2024, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission

RECOMMENDATION
The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for May 7, 2024.

BACKGROUND / ANALYSIS
On December 12, 2016, the City Council of the City of Cudahy adopted Resolution No. 16-38, approving the use of summary action minutes, meant to allow the City Clerk's Office to write the minutes in brief, assuring a record of Council's actions, due to having a recording of the full Council Meeting on the City’s website.

Historically
The Municipal Clerk is one of the oldest professions in government, dating back to 1272 A.D., originating in England. The record keeper then was called Remembrancer, an English official whose job was to remind the Lord Treasurer and Barons of Court, of business pending.

Years later, in the 1600s, when early colonists came to America, the office of the Clerk was one of the first offices to be established. Over the years, the City Clerk’s office has become the core for local government, and the liaison to the residents of the Community. The Municipal Clerk (City Clerk) is the record keeper of a City’s recorded history.

Item Number
12A

“Serving the People” "Sirviendo A La Comunidad"
Staff Report
05/21/2024 Page 2 of 2
William Bennett Munro, a Canadian historian, and political scientist, who taught at Harvard University and the California Institute of Technology, stated in one of his first textbooks written: “No other office in municipal service has so many contacts. It serves the Mayor, the City Council, the City Manager (when there is one), and all administrative departments, without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience.

The public does not realize how many loose ends of city administration this office pulls together.”
Moving forward to the present time, the City Clerk’s office today is generally responsible for keeping a record of City Council meetings; agreements; recordings of official documents; legal advertisements; municipal elections; commissions and committees current files; claims against the city; and other legal or official documents.

City Clerks are required to keep record of the proceedings (minutes) of Council meetings (Government Code Sections 36814 and 40801). Minutes are the official record of a meeting which provides a history of the Council’s decisions and actions.

CONCLUSION
The City Council is requested to approve the attached City Council / Agency Draft Minutes of the proceedings of May 7, 2024.

STRATEGIC PLAN CORRELATION
No correlation to the strategic plan.

FINANCIAL IMPACT
No Financial Impact.

ATTACHMENT
A. May 7, 2024, Draft Minutes
B. Resolution No. 16-38, approving the City Clerk’s use of Summary Action Minutes as the Official Record of the City Council proceedings.

City Council/Successor Agency Minutes of 5/7/2024` Page 1 of 9

MINUTES
CUDAHY CITY COUNCIL REGULAR MEETING and
CITY OF CUDAHY AS SUCCESSOR AGENCY and

HOUSING SUCCESSOR AGENCY TO THE CUDAHY

DEVELOPMENT COMMISSION JOINT MEETING
May 7, 2024, 6:30 P.M.

1. CALL TO ORDER
Vice Mayor / Vice Chair Alcantar called the meeting to order at 6:32 p.m.

2. ROLL CALL
PRESENT: Council / Agency Member Martin Fuentes
Council / Agency Member Cynthia Gonzalez
Council / Agency Member Daisy Lomelí
Vice Mayor / Vice Chair Elizabeth Alcantar
Mayor / Chair Jose R. Gonzalez (arrived at 6:44 p.m.)
ABSENT: None
ALSO PRESENT: City Manager, Alfonso Noyola, City Attorney, Stephanie Arechiga, Assistant City Attorney, Paloma McEvoy, City Clerk, Richard Iglesias, Assistant City Clerk, Estefania Zamora, Community Development Director, Juan Arauz, Finance Director, Joshua Calhoun, Community Services Director, Brenda Rodriguez, Interim Public Works Director, Ron Bow, Assistant to the City Manager, Johncito “John” Peraza, Building Official, Raul Diaz, Public Works Superintendent, Aurelio Trujillo, Human Resources Manager, Hector Murua, Senior Planner, Cecilia Madrigal, Associate Planner, Kassandra Cornejo, and Administrative Analyst, Daniela Trujillo.

3. APPROVAL OF AGENDA
Motion: Vice Mayor Alcantar motioned to table item 13A to a date uncertain, seconded by Council Member C. Gonzalez. Motion passed 4-0-1 by the following roll call vote:

AYES: Fuentes, C. Gonzalez, Lomelí, and Alcantar
NOES: None
ABSENT: J. Gonzalez
ABSTAIN: None

4. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Fuentes.

Attachment A Page 37 of 430
City Council/Successor Agency Minutes of 5/7/2024` Page 2 of 9

5. LAND ACKNOWLEDGEMENT
The Land Acknowledgment was led by Council Member Lomelí.

We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

6. PRESENTATIONS
A. Strategic Plan Update

7. PUBLIC COMMENTS
Tommy Faave shared his concerns on the general plan regarding banning trucks and hopes the City Council makes amendments to encourage more EV in the city.

Barrie Grinberg proposed to the City Council building a zero-emission tract charging site at 4839 Patata Street, distributed handouts, and shared ideas of the proposed project.

Daniel Sachs requested the City Council to consider making an adjustment to the Patata trucking item, instead amend the item to include an exemption to allow vehicles over 6,000 pounds in Patata, amend municipal code text amendment number 2024-023 to the next agenda on May 21st EV charging policy, and requested and update city policies like the zoning code and general plan.

Jo Trevizo spoke on the shooting spree in Southeast Los Angeles resulting in 14-yearold murdered in Cudahy, asked for a change, and make Cudahy safe all hours of the day, requested to meet with City Council and stated he would like to see less violence and more proactive policing.

Sandy Guzman spoke on the passing of Javier, asked for more patrolling, cameras implemented in the city, and to ensure safety of youth.

Monica Acevedo spoke on the passing of Javier Pedraza, stated the city has failed them, shared the traumatic moment they experience that could have been prevented, commented on streets being too dark, requested the need of cameras, streetlights, and more police patrol, and asked for change.

Gladys Campos shared there has been an increase of incidents, residents do not walk or go out anymore after the recent shooting incident and asked for more patrolling.

City Council/Successor Agency Minutes of 5/7/2024` Page 3 of 9 Javier Pedraza spoke on the recent passing of his son, stated streets are too dark, no cameras outside the schools, need more safety for the youth and asked for a change.

Dalila spoke on the recent passing of his son, stated streets are too dark, used to be able to walk the streets in Cudahy before but now stated it is unsafe, asked City Council for their help on getting lighting in the streets, and cameras, also mentioned the increase of graffiti.

Susie de Santiago shared her sympathy to the family in audience, shared her support for item 14A., stated she supports the thought of the electronic vehicles project but has concerns on the location, mentioned pedestrian safety should be a priority, spoke on the budget meeting being accessible for community input, the increase of graffiti, and the need of more lighting.

Jorge Duarte spoke regarding new upcoming business and the impact he can bring to the community, stated the ordinance for training facilities is under the same ordinance as a regular 24-hr fitness or Chuze fitness that makes parking an issue, having a business license only allows him to work but does not allow to use the entire space inside the warehouse.

Edwin Gonzalez shared his concerns regarding Palestinians crisis and the struggle with Israel and spoke on the passing of the ceasefire resolution.

8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS
Council Member Fuentes acknowledged the family in attendance, shared his condolences and requested staff to schedule a meeting to address the issues and discuss Cudahy to be a walkable city.

Council Member C. Gonzalez thanked everyone in attendance, addressed there being an increase of crime in the city, need to take a level of urgency and provide safety to residents, spoke on coordinating a Safety Ad-Hoc Committee meeting and coming up with a strategic plan to addresses all aspects of safety.

Council Member Lomelí acknowledged the family and shared her attendance at the community event they had, requested staff to have a meeting and looks forward to collaborating with the Cervantes family, requested to have a solidarity statement with students and whole world demanding certain things form their universities, also asked staff to review the budget to make sure it represents the City’s values.

Vice Mayor Alcantar shared her condolences, spoke on safety issues and mentioned willing to meet with those in the audience to figure out the needs of the community, spoke on her visit to Ellen Ochoa to share changes in the city, also mentioned the increase of graffiti and holding property owners accountable.

City Council/Successor Agency Minutes of 5/7/2024` Page 4 of 9 Mayor J. Gonzalez echoed Council’s comments, mentioned LED lights getting upgraded, spoke on graffiti around the city, Safety Ad-Hoc Committee to create a strategic plan on how to work with the Sheriff’s, schools, and community, mentioned additional safety at schools, program for the youth, and having community meetings.

9. CITY MANAGER REPORT (information only)

10. REPORTS REGARDING AD HOC, ADVISORY, STANDING OR OTHER COMMITTEE MEETINGS – NONE

11. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Motion: Council Member C. Gonzalez motioned to waive full reading of resolutions and ordinances, seconded by Vice Mayor Alcantar. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, C. Gonzalez, Lomelí, Alcantar, and J. Gonzalez NOES: None
ABSENT: None
ABSTAIN: None
At 7:40 p.m. Council Member Lomelí left Council Chambers.

12. CONSENT CALENDAR
A. Consideration to Review and Approve the Draft Minutes of April 16, 2024, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission
Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for April 16, 2024.

Motion: Vice Mayor Alcantar motioned to approve Consent Calendar items, seconded by Council Member C. Gonzalez. Motion passed 4-0-1 by the following roll call vote:

AYES: Fuentes, C. Gonzalez, Alcantar, and J. Gonzalez
NOES: None
ABSENT: Lomelí
ABSTAIN: None
At 7:42 p.m. Council Member Lomelí returned to Council Chambers.

City Council/Successor Agency Minutes of 5/7/2024` Page 5 of 9

13. PUBLIC HEARING
A. Adoption by First Reading of Ordinance No. 741 Amending Cudahy Municipal Code Section 10.04.020 (Vehicle Weight Limits) by adding Patata Street to the list of streets where vehicles exceeding 6,000 pounds are prohibited
Presented by the Community Development Director
Recommendation: Staff recommends that the City Council take the following actions:

Open the public hearing and receive comments; and Adopt by first reading Ordinance No. 741, an amendment to the Cudahy Municipal Code (“CMC”) Section 10.04.020 (Vehicle Weight Limits) by adding Patata Street to the list of streets where vehicles exceeding 6,000 pounds are prohibited; and Schedule a second reading of Ordinance No. 741 at the next regularly scheduled City Council meeting on May 21, 2024; and Find the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 150601(b)(3).

ITEM TABLED TO A DATE UNCERTAIN
B. Adoption by First Reading of Ordinance No. 742 approving Municipal Code Text Amendment No. 2024-02 to amend Chapter 8.52 (Fireworks) of Title 8 (Health and Safety) of the Cudahy Municipal Code
Presented by the Senior Planner
Recommendation: Staff recommends that the Planning Commission take the following actions: Open the public hearing and receive public comment; and Adopt by first reading Ordinance No. 742 of the City Council of the City of Cudahy, California, approving Municipal Code Text Amendment No. 2024-02 amending Title 8 (Health and Safety), Chapter 8.52 (Fireworks) of the Cudahy Municipal Code; and Schedule a second reading of Ordinance No. 742 at the next regularly scheduled City Council meeting on May 21, 2024; and Find the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 150601(b)(3).

At 7:46 p.m. Mayor J. Gonzalez opened public comment.

Public Comments:

Susie de Santiago asked for City Council’s support on this item, thanked City staff for working on this and helping Cudahy Youth Foundation on 4th of July sales to provide the community resources.

At 7:49 p.m. Mayor J. Gonzalez closed public comment.

City Council/Successor Agency Minutes of 5/7/2024` Page 6 of 9 Motion: Council Member Fuentes motioned to adopt by first reading Ordinance No. 742 of the City Council of the City of Cudahy, California, approving Municipal Code Text Amendment No. 2024-02 amending Title 8 (Health and Safety), Chapter 8.52 (Fireworks) of the Cudahy Municipal Code; and Schedule a second reading of Ordinance No. 742 at the next regularly scheduled City Council meeting on May 21, 2024; and Find the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 150601(b)(3), seconded by Council Member Lomelí. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, C. Gonzalez, Lomelí, Alcantar, and J. Gonzalez NOES: None
ABSENT: None
ABSTAIN: None

14. BUSINESS SESSION
A. Resolution to Support SB 674 – The Refinery Pollution Reduction and Transparency Act
Presented by the Assistant to the City Manager
Recommendation: The City Council is recommended to adopt Resolution No. 24-09 supporting SB 674 referred to as the “Refinery Pollution Reduction and Transparency Act” (the “Bill”).

Motion: Vice Mayor Alcantar motioned to adopt Resolution No. 24-09 supporting SB 674 referred to as the “Refinery Pollution Reduction and Transparency Act” (the “Bill”)., seconded by Council Member Lomelí. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, C. Gonzalez, Lomelí, Alcantar, and J. Gonzalez NOES: None
ABSENT: None
ABSTAIN: None
B. Resolution to Support S. 3830 - Low-Income Household Water Assistance Program Establishment Act
Presented by the Assistant to the City Manager
Recommendation: The City Council is recommended to adopt Resolution No. 24-10 supporting S. 3830 referred to as the “Low-Income Household Water Assistance Program Establishment Act” (the “Bill”).

City Council/Successor Agency Minutes of 5/7/2024` Page 7 of 9 Motion: Vice Mayor Alcantar motioned to adopt Resolution No. 24-10 supporting S. 3830 referred to as the “Low-Income Household Water Assistance Program Establishment Act” (the “Bill”), seconded by Council Member C. Gonzalez. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, C. Gonzalez, Lomelí, Alcantar, and J. Gonzalez NOES: None
ABSENT: None
ABSTAIN: None
C. Update and Discussion on the City’s Graffiti Abatement Program Presented by the Community Development Director
Recommendation: Staff recommends that the City Council take the following actions:

Hear City staff’s presentation; and receive and file this report.

Motion: Council Member Fuentes motioned to receive and file the City’s Graffiti Abatement Program presentation, seconded by Vice Mayor Alcantar. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, C. Gonzalez, Lomelí, Alcantar, and J. Gonzalez NOES: None
ABSENT: None
ABSTAIN: None
At 8:36 p.m. Mayor J. Gonzalez left Council Chambers.

At 8:39 p.m. Mayor J. Gonzalez returned to Council Chambers D. Consideration to Appoint Jaime Velasco Jr. to the Planning Commission Presented by the City Clerk
Recommendation: Staff Council is recommended to appoint Jaime Velasco Jr. to the Planning Commission, Council Member Lomelí’s appointment.

Motion: Council Member Lomelí motioned to appoint Jaime Velasco Jr. to the Planning Commission, seconded by Vice Mayor Alcantar. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, C. Gonzalez, Lomelí, Alcantar, and J. Gonzalez NOES: None
ABSENT: None
ABSTAIN: None

City Council/Successor Agency Minutes of 5/7/2024` Page 8 of 9 At 9:01 p.m. Vice Mayor Alcantar left Council Chambers.

At 9:06 p.m. Vice Mayor Alcantar returned to Council Chambers E. Budget Workshop for Proposed Fiscal Year (FY) 2024-2025 City Budget Presented by the Finance Director
Recommendation: The City Council is requested to review General Fund and Special Revenue Funds estimated revenues and estimated expenditures and provide staff with direction on which estimated revenues and estimated expenditures to adjust in finalizing the Fiscal Year (FY) 2024-25 City Budget, which would be presented to the City Council at a regular meeting June 4, 2024.

RECEIVE AND FILE ONLY – NO MOTION

15. COUNCIL DISCUSSION – NONE
At 9:37 p.m., City Attorney, Stephanie Arechiga recessed to closed session.

16. CLOSED SESSION
A. Conference with Legal Counsel Existing Litigation-Pursuant to Government Code § 54956.9(d)(1) – Cuper Development LLC et al. v City of Cudahy et al.

Case No. 2:24-cv-02833
At 10:43 p.m., Vice Mayor Alcantar reconvened to open session.

17. CLOSED SESSION ANNOUNCEMENT
City Attorney Stephanie Arechiga announced for item 16A, all five council members until 9:50 p.m., Mayor J. Gonzalez exited and no reportable action.

18. ADJOURNMENT
The City Council / Agency meeting adjourned at 10:47 p.m., in memory and solidarity of families that have been killed abroad in Gaza.

Jose R. Gonzalez
Mayor
ATTEST:

Richard Iglesias

City Council/Successor Agency Minutes of 5/7/2024` Page 9 of 9 City Clerk

Attachment
B

Blank Page

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
05/21/2024 Page 1 of 2

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
Subject: Approval of the Local Agency Investment Fund (LAIF) for the Month of April 2024

RECOMMENDATION
The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of April 2024 in the amount of $12,864,594.90.

BACKGROUND

1. In 1955, the Pooled Money Investment Account (PMIA) started. LAIF became part of the PMIA. The oversight is provided by the Pooled Money Investment Board (PMIB) and an inhouse Investment Committee. The PMIB members consist of the State Treasurer, Director of Finance, and State Controller.

2. In 1977, LAIF was created as a voluntary program by Section 16429.1 et seq. of the California Government Code. The program was intended to be used as an investment alternative for California's local governments and special districts. The LAIF continues today under State Treasurer, Fiona Ma's administration.

3. On April 1, 2024, the balance in LAIF was $12,728,593.04 (See Attachment).

4. In April 2024, $136,001.86 in interest was received for the 1st quarter of 2024.

5. On April 30, 2024, the balance in LAIF was $12,864,594.90 (See Attachment).

Item Number
12B

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
05/21/2024 Page 2 of 2

ANALYSIS
The voluntary program offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the State Treasurer’s Office investment staff at no additional cost to the taxpayer.

All securities are purchased under the authority of Government Code Section 16430 and 16480.4. The State Treasurer's Office takes delivery of all securities purchased on a delivery versus payment basis using a third-party custodian.

Cudahy Municipal Code Section 3.04.080 indicates, "Except as otherwise provided, no warrant shall be drawn or evidence of indebtedness issued unless there shall be at the time sufficient money in the treasury legally applicable to the payment of the same."

CONCLUSION
Once the City Council approves the current LAIF, this balance may be relied upon when determining if the City has sufficient funds available to pay demands and payroll as required by Cudahy Municipal Code Section 3.04.080.

STRATEGIC PLAN CORRELATION
Strategy #2. Provide regular updates to the City Council and community about the city’s finances.

FINANCIAL IMPACT
None

ATTACHMENT
A. Local Agency Investment Fund (LAIF) Balance

LOCAL AGENCY INVESTMENT FUND
General Account - City #98-19-225
Beginning Balance as of April 01, 2024 $12,728,593.04
LAIF Interest earned 136,001.86
Transfer from City operating account 0
Transfer to City operating account 0
Ending Balance as of April 30, 2024 $12,864,594.90
Attachment A Page 51 of 430
Blank Page

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
5/21/2024 Page 1 of 2

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
Subject: Approval of the City Demands and Payroll Including Statement of Investment for the Month of April 2024

RECOMMENDATION
The City Council is requested to approve the Demands and Payroll in the amount of $1,399,214.40 including the Statement of Investments for the month of April 2024.

BACKGROUND

1. On December 13, 1993, Ordinance 476 was adopted and codified as Cudahy Municipal Code Section 3.04.080 indicating, "Except as otherwise provided, no warrant shall be drawn, or evidence of indebtedness issued unless there shall be at the time sufficient money in the treasury legally applicable to the payment of the same."

2. During the month, the Finance Department have completed the following demands and payroll:

A/P Demands $926,293.64
Payroll $472,920.76
Total: $1,399,214.40
Attachment A
Attachment B
Item Number
12C

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
5/21/2024 Page 2 of 2

ANALYSIS
The Check Register Report (Attachment A), Payroll Warrants including payroll taxes and insurance premiums (Attachment B), Statement of Investment (Attachment C) indicate that the cash and investment balance was sufficient for disbursements for the month, a summary of cash received and disbursed by month during Fiscal Year (FY) 2023-24 (Attachment D), and a summary of cash received and disbursed by month during FY 2022-23 (Attachment E).

Cudahy Municipal Code Section 3.04.070 indicates, "Budgeted demands paid by warrant prior to audit by the council shall be presented to the council for ratification and approval..."

CONCLUSION
The Finance Director certifies the accuracy and availability of funds for payment. A Demand/Warrant Register has been submitted to the City Council for approval in accordance with Cudahy Municipal Code Section 3.04.070.

STRATEGIC PLAN CORRELATION
Goal (Financial Stability and Transparency)
• Provide regular updates to the City Council and Community about the City’s finances.

FINANCIAL IMPACT
The Statement of Investments Report (Attachment C) indicates that there are sufficient funds within the City’s holdings to meet the City’s cash flow requirements.

ATTACHMENTS
A. Accounts Payable Check Register Report.

B. Payroll Warrants including payroll taxes and insurance premiums.

C. Statement of Investments
D. Summary of Cash Receipt / Disbursement by Month FY 2023-24 E. Summary of Cash Receipt / Disbursement by Month FY 2022-23 F. Credit Card Payment Detail

5/1/2024 9:31:40 AM Page 1 of 3
My Check Report
City of Cudahy, CA By Check Number
Date Range: 04/01/2024 - 04/30/2024
Vendor Number Vendor Name Payment Date Discount Amount Payment Type Payment Amount Number Bank Code: WF Checking-WF Checking
2378-3 8330 ATLANTIC AVE INC 04/10/2024 Regular 0.00 2,604.24 55481 10603 ADVANCED IMAGING SOLUTIONS 04/10/2024 Regular 0.00 266.92 55482 1778 ALL CITY MANAGEMENT INC 04/10/2024 Regular 0.00 7,950.43 55483 10595 ARAMSCO INC 04/10/2024 Regular 0.00 590.15 55484
0057-4 AT & T 04/10/2024 Regular 0.00 310.85 55485
10398 CALIFORNIA BUILDING STANDARDS COMMISSIO04/10/2024 Regular 0.00 60.30 55486 10871 California Department of Conservation 04/10/2024 Regular 0.00 205.30 55487 10490 CHARTER COMMUNICATIONS 04/10/2024 Regular 0.00 975.00 55488 10711 CLEARNETWORK, INC. 04/10/2024 Regular 0.00 395.84 55489 6045 CONTRERAS GARDEN SUPPLY INC 04/10/2024 Regular 0.00 769.00 55490 10480 COUNTY OF LOS ANGELES DEPARTMENT OF AG 04/10/2024 Regular 0.00 552.40 55491 1206-2 COUNTY OF LOS ANGELES DEPT. OF PUBLIC WO 04/10/2024 Regular 0.00 52.74 55492 4813 CRAFCO INC. 04/10/2024 Regular 0.00 943.30 55493
2378-1 CUDAHY FUEL STOP 04/10/2024 Regular 0.00 82.78 55494 10734 DIVISION OF THE STATE Architect 04/10/2024 Regular 0.00 29.20 55495 10692 DS TECHNICIAN, INC. 04/10/2024 Regular 0.00 1,390.12 55496 6087 FIRST AMERICAN DATA TREE 04/10/2024 Regular 0.00 99.00 55497 2712 GEORGE A. PEREZ 04/10/2024 Regular 0.00 1,253.20 55498 0197 LA COUNTY SHERIFF'S DEPARTMENT 04/10/2024 Regular 0.00 380,642.70 55499 10598 LEAF 04/10/2024 Regular 0.00 422.70 55500
10920 LHH Recruitment Solutions 04/10/2024 Regular 0.00 10,584.49 55501 10721 LOOMIS 04/10/2024 Regular 0.00 360.60 55502
10921 Moran Consulting, Inc. 04/10/2024 Regular 0.00 2,267.54 55503 0095 PETTY CASH 04/10/2024 Regular 0.00 413.15 55504
10945 Sam Woo 04/10/2024 Regular 0.00 70.00 55505
2802 SAM'S CLUB 04/10/2024 Regular 0.00 2,136.67 55506
10961 Steve Napolitano 04/10/2024 Regular 0.00 6,050.00 55507 10827 Teslarian, Inc. 04/10/2024 Regular 0.00 3,200.00 55508 10901 The Original Goodie's Uniforms 04/10/2024 Regular 0.00 121.28 55509 2859 UNDERGROUND SERVICE ALERT-SC SOUTHERN 04/10/2024 Regular 0.00 74.75 55510 9667 UNITED LIFTTRUCKS 04/10/2024 Regular 0.00 552.52 55511 10944 Wade Ohashi 04/10/2024 Regular 0.00 70.00 55512
5631 WELLS LOCK & KEY 04/10/2024 Regular 0.00 396.00 55513 10672 5 STAR BUILDERS, INC. 04/24/2024 Regular 0.00 7,182.35 55514 2378-3 8330 ATLANTIC AVE INC 04/24/2024 Regular 0.00 1,080.10 55515 10658 ALFONSO NOYOLA 04/24/2024 Regular 0.00 738.44 55516 7995 AMERICAN CITY PEST & TERMITE 04/24/2024 Regular 0.00 457.00 55517 10680 AMERICAN PRIDE BUILDERS 04/24/2024 Regular 0.00 62,637.00 55518 10595 ARAMSCO INC 04/24/2024 Regular 0.00 1,581.20 55519 9966 AT & T LONG DISTANCE SERVICE 04/24/2024 Regular 0.00 46.23 55520 8021 AT & T MOBILITY 04/24/2024 Regular 0.00 2,360.64 55521 10964 BFS Landscape Architects 04/24/2024 Regular 0.00 6,875.00 55522 7019 BUSINESS CARD 04/24/2024 Regular 0.00 58.16 55523
10520 CASTRO DISCOUNT TIRES INC 04/24/2024 Regular 0.00 20.00 55524 10906 City Fabrick 04/24/2024 Regular 0.00 35,994.89 55525 0136 CITY OF SOUTH GATE 04/24/2024 Regular 0.00 75.00 55526 9669 COMMERCIAL DOOR OF LOS ANGELES COUNTY 04/24/2024 Regular 0.00 4,995.00 55527 2289 CONSOLIDATED DISPOSAL INC. 04/24/2024 Regular 0.00 164,638.94 55528 10872 CSLM Construction, Inc. 04/24/2024 Regular 0.00 2,580.00 55529 10887 Estefania Zamora 04/24/2024 Regular 0.00 248.77 55530 10581 FIESTA TAXI COOPERATIVE INC. 04/24/2024 Regular 0.00 10,528.74 55531 10804 Gabriel Cervantes 04/24/2024 Regular 0.00 1,650.00 55532 5934 HUMAN SERVICES ASSOC 04/24/2024 Regular 0.00 9,010.86 55533 8382 IGLESIAS RICHARD 04/24/2024 Regular 0.00 192.77 55534 Attachment A Page 55 of 430
My Check Report Date Range: 04/01/2024 - 04/30/2024
5/1/2024 9:31:40 AM Page 2 of 3
Vendor Number Vendor Name Payment Date Discount Amount Payment Type Payment Amount Number 10956 Johncito Peraza-Romero 04/24/2024 Regular 0.00 1,260.00 55535 10798 Justin Moreno 04/24/2024 Regular 0.00 175.00 55536 10394 KEENAN ASSOCIATES 04/24/2024 Regular 0.00 121.00 55537 10868 Language Network, Inc. 04/24/2024 Regular 0.00 1,660.00 55538 7014 NATIONWIDE ENVIRONMENTAL SERVICES INC 04/24/2024 Regular 0.00 9,985.52 55539 10732 OMEGA INDUSTRIAL SUPPLY, INC. 04/24/2024 Regular 0.00 550.83 55540 10436 ONTARIO REFRIGERATION 04/24/2024 Regular 0.00 2,535.00 55541 9717 PCAM, LLC 04/24/2024 Regular 0.00 18,770.76 55542
10824 PlaceWorks, Inc. 04/24/2024 Regular 0.00 16,915.03 55543 4502 PYRO SPECTACULARS, INC. 04/24/2024 Regular 0.00 9,600.00 55544 9737 REGIONAL TAP SERVICE CENTER 04/24/2024 Regular 0.00 19.20 55545 10372 RICOH USA, INC LEASE PAYMENTS 04/24/2024 Regular 0.00 9,854.19 55546 10750 RUGAMAS CREATIVE SOLUTIONS 04/24/2024 Regular 0.00 1,474.12 55547 2802 SAM'S CLUB 04/24/2024 Regular 0.00 363.06 55548
10727 SANCHEZ AWARDS Victor Javier Sanchez 04/24/2024 Regular 0.00 1,183.53 55549 10483-1 SOUTHERN CALIFORNIA NEWS GROUP 04/24/2024 Regular 0.00 2,002.44 55550 8277 SPORTS FACILITIES GROUP, INC 04/24/2024 Regular 0.00 4,281.65 55551 10853 SWA Group, Inc. 04/24/2024 Regular 0.00 1,840.00 55552 10963 Teresa Ochoa 04/24/2024 Regular 0.00 450.00 55553 10869 The Pun Group, LLP. 04/24/2024 Regular 0.00 1,500.00 55554 5631 WELLS LOCK & KEY 04/24/2024 Regular 0.00 385.00 55555 10490 CHARTER COMMUNICATIONS 04/10/2024 Bank Draft 0.00 229.98 DFT0000413 10490 CHARTER COMMUNICATIONS 04/10/2024 Bank Draft 0.00 229.98 DFT0000414 10053 HAULAWAY STORAGE CONTAINERS 04/10/2024 Bank Draft 0.00 89.04 DFT0000415 10081-2 QUADIENT FINANCE USA, INC. 04/10/2024 Bank Draft 0.00 500.00 DFT0000416 0070 SOUTHERN CALIFORNIA EDISON 04/10/2024 Bank Draft 0.00 5,435.03 DFT0000417 0070 SOUTHERN CALIFORNIA EDISON 04/10/2024 Bank Draft 0.00 27.01 DFT0000418 0070 SOUTHERN CALIFORNIA EDISON 04/10/2024 Bank Draft 0.00 18,790.03 DFT0000419 0070 SOUTHERN CALIFORNIA EDISON 04/10/2024 Bank Draft 0.00 74.76 DFT0000420 10643 STATE COMPENSATION INS FUND 04/10/2024 Bank Draft 0.00 3,521.41 DFT0000421 10729 WELLSONE COMMERCIAL CARD 04/10/2024 Bank Draft 0.00 43,984.80 DFT0000422 10640 AMAZON CAPITAL SERVICES, INC. 04/24/2024 Bank Draft 0.00 2,182.87 DFT0000435 10490 CHARTER COMMUNICATIONS 04/24/2024 Bank Draft 0.00 319.98 DFT0000436 2724 HOME DEPOT CREDIT SERVICES 04/24/2024 Bank Draft 0.00 6,555.32 DFT0000437 10586 QUADIENT LEASING 04/24/2024 Bank Draft 0.00 235.74 DFT0000438 0071-1 SO CAL GAS 04/24/2024 Bank Draft 0.00 80.65 DFT0000439 0071-1 SO CAL GAS 04/24/2024 Bank Draft 0.00 36.32 DFT0000440 0071-1 SO CAL GAS 04/24/2024 Bank Draft 0.00 79.00 DFT0000441 0071-1 SO CAL GAS 04/24/2024 Bank Draft 0.00 57.87 DFT0000442 0071-1 SO CAL GAS 04/24/2024 Bank Draft 0.00 55.15 DFT0000443 10643 STATE COMPENSATION INS FUND 04/24/2024 Bank Draft 0.00 19,653.88 DFT0000444 0126-1 GOLDEN STATE WATER COMPANY 04/24/2024 Bank Draft 0.00 384.23 DFT0000445 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code WF Checking Summary
Bank Drafts
EFT's
75 0
0 21
0 0.00

0.00 0.00

0.00 0.00
96 0.00
Payment
823,770.59

0.00 0.00
102,523.05

0.00 926,293.64
Payable
Count
99 0
0 21
0 120

My Check Report Date Range: 04/01/2024 - 04/30/2024
5/1/2024 9:31:40 AM Page 3 of 3
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
75 0
0 21
0 0.00

0.00 0.00

0.00 0.00
96 0.00
823,770.59

0.00 0.00
102,523.05

0.00 926,293.64
99 0
0 21
0 120
Fund Name Period Amount
Fund Summary
998 Pooled Cash 4/2024 926,293.64
926,293.64

04/04/24 04/18/24 Total
(a) Direct Deposits 137,948.80 133,275.80 271,224.60
(b) ICMA & Union Dues 3,055.00 3,055.00 6,110.00
(c) CalPERS Ret & 457 Plan 25,515.67 24,911.26 50,426.93 (d) Payroll taxes 29,609.26 28,647.97 58,257.23
(e) CalPERS Medical 77,964.77 77,964.77
(f) Medical 4,646.23 4,291.00 8,937.23
Total Amount 278,135.32 194,785.44 472,920.76
(a) Employees / Council Members / Commissioners
(b) ICMA & Union Dues
(c) CalPERS Retirement & 457 Plan
(d) Federal / State payroll taxes and unemployment
(e) CalPERS Medical (active and retired)
(f) Medical Insurance - Active and Retired employees

CITY OF CUDAHY
Payroll - including payroll taxes and insurance premiums:

Attachment B Page 58 of 430
Type Issuer Amount % of Total
Deposit - 4588 Wells Fargo 3,437,097.82 16.30%
Successor Agency - 0688 Wells Fargo 3,942,051.01 18.70% Checking - 7128 Wells Fargo 199,744.51 0.95%
Payroll - 4570 Wells Fargo 297,034.32 1.41%
Savings - 4752 Wells Fargo 332,468.39 1.58%
Money Market Account Bank of New York (BNY) (a) 10,669.70 0.05% Pooled Savings State Local Agency 12,864,594.90 61.02%
Investment Fund (LAIF)
Total 21,083,660.65 100.00%
Pursuant to California Government Code Section 53646(b), I hereby certify that all investments held by the Authority are in compliance with state law and the agency's Statement of Investment Policy, and that there are sufficient funds within the agency's investment holdings to meet the Authority's cash flow requirements for the next six (6) months.

Respectfully submitted,
Joshua Calhoun
Joshua Calboun
Finance Director

CITY OF CUDAHY
Statement of Investments
April 30, 2024
Attachment C Page 59 of 430
Month
Receipts Disbursement
July 2023 $ 1,698,263.55 $ 2,043,188.80 (a)
August 2023 1,570,904.87 3,148,357.16 (b)
September 2023 1,125,855.21 1,693,834.27
October 2023 1,259,614.45 848,009.43
November 2023 1,061,252.71 1,514,985.44
December 2023 770,294.89 1,120,942.42
January 2024 3,400,198.28 (c) 2,880,738.20 (d)
February 2024 1,189,496.91 1,382,500.65
March 2024 846,479.31 1,818,213.76 (e)
April 2024 1,764,923.25 1,399,214.40
May 2024
June 2024
Total: $ 14,687,283.43 17,849,984.53
Note (a) - City liab. & workers comp insurance, and PERS unfunded pension liab.

Note (b) - Includes $1,893,444 to Siemens Industries
Note (c) - Includes $1,786,952 in Motor Vehicle In-lieu fees Note (d) - Includes $1,141,928 paid to LA County Sheriff - 3 invoices Note (e) - Includes $158,445 paid to National Auto Fleet - vehicle Month
Cash Receipts Disbursement
July 2023 $ 913,951.26 $ 1,604,912.00 (1)
August 2023 1,069,666.17 2,784,467.93 (2)
September 2023 797,120.38 1,543,754.51
October 2023 759,320.17 710,945.37
November 2023 632,862.51 1,244,543.67
December 2023 526,471.62 679,307.44
January 2024 2,671,465.70 (3) 2,421,667.28 (4)
February 2024 740,080.40 1,107,319.93
March 2024 563,376.03 1,261,506.18
April 2024 1,187,411.21 1,169,015.14
May 2024
June 2024
Total: $ 9,861,725.45 $ 14,527,439.45
Note (1) - City liab. & workers comp insurance, and PERS unfunded pension liab.

Note (2) - Includes $1,893,444 to Siemens Industries
Note (3) - Includes $1,786,952 in Motor Vehicle In-lieu fees Note (4) - Includes $158,445 paid to National Auto Fleet - vehicle All Funds
General Fund
City of Cudahy
Summary of Cash Receipt/Disbursement by Month - FY 2023-2024 Attachment D Page 60 of 430
Month
Cash Receipts Disbursement
July 2022 $ 4,033,647.40 (a) 1,789,957.16 $
August 2022 1,686,604.16 1,750,512.85
September 2022 823,969.03 2,318,824.72 (b)
October 2022 1,991,064.32 3,914,418.49 (c)
November 2022 1,086,868.12 869,692.56
December 2022 1,406,231.74 1,395,830.23
January 2023 2,714,262.24 (d) 1,463,847.38
February 2023 739,588.01 1,006,801.94
March 2023 1,120,658.63 1,991,169.04
April 2023 1,196,447.59 1,257,126.86
May 2023 3,260,684.11 (e) 1,984,309.07
June 2023 2,011,618.48 1,230,025.68
Total: $ 22,071,643.83 20,972,515.98
Note (a) - Includes $2.819 M received from American Rescue Plan Act, Fund 530 Note (b) - Includes $949K paid to Siemens
Note (c) - Includes $1,230,610 deposited into an Escrow fund for the Seimens Project Note (d) - Includes $1,628,225 in Motor Vehicle In-Lieu tax Note (e) - Includes $1,625,225 in Motor Vehicle In-lieu tax Month
Cash Receipts Disbursement
July 2022 $ 845,547.28 $ 1,589,154.35 (1)
August 2022 1,012,769.79 1,077,279.74
September 2022 541,456.74 2,140,117.92 (2)
October 2022 1,628,965.30 834,689.66
November 2022 802,869.63 598,974.94
December 2022 774,144.70 976,007.61
January 2023 2,377,440.36 (3) 1,266,258.83
February 2023 489,780.43 829,217.41
March 2023 620,900.31 1,602,710.73 (4)
April 2023 969,432.86 710,177.71
May 2023 2,843,131.44 (5) 1,675,594.30 (6)
June 2023 435,137.76 945,268.74
Total: $ 13,341,576.60 $ 14,245,451.94
Note (1) - City liab. & workers comp insurance, and PERS unfunded pension liab.

City pre-payment option of PERS unfunded pension liability saved 3.5% interest ($12k) than paying on a monthly basis.

Note (2) - Includes $949K paid to Siemens
Note (3) - Includes $1,628,225 in Motor Vehicle In-Lieu tax Note (4) - Includes 2 Sheriff payments
Note (5) - Includes $1,628,225 in Motor Vehicle In-lieu tax Note (6) - Includes 2 Sheriff payments
City of Cudahy
Summary of Cash Receipt/Disbursement by Month - FY 2022-2023 All Funds
General Fund
Attachment E Page 61 of 430
Credit Card Payment Detail
March 01, 2024 to March 31, 2027, paid April 08, 2024
Supplier - Name Amount G/L Account
Naleo Educational Fund
Dmi* Dell Bus Online
Pepperdine University
Hilton Advpurch8002367113
Autodesk Ady
Paypal
Knotts Berry Farm Online
Volaris Hy3whs
Hotelscom7205374955814
Bellagio - Adv Dep
Grant Writing Usa
4,000.00 Registered Council Members to the NALO 41st Annual Conference. 3,873.01 Computer equipment for new staff
3,585.00 Public engagement cert. training
3,125.14 Hotels for NAHRO Conference in Washington DC
2,780.00 License renewal for AutoCad
2,625.00 Registered Council Member the CCCA 2024 Annual Municipal Seminar. 2,619.54 Knott's Berry Farm tickets - Community Excursion. 1,359.17 Flight for Mayor. Sister City Trip to San Miguel el Alto. 1,305.15 hotel - DC legislative visit
1,150.80 Hotel for Council Member at NALO 41st Annual Conference 1,090.00 Grant writing training
Naleo Educational Fund Registered Council Member to the NALO 41st Annual Conference. 900.00 Z Abrasives Inc Glass beads for sand blaster 885.55
Hotelscom7205374945457 870.10 hotel DC visit - City Manager Combat Brands/Ringside/F 838.99 Gloves, headgear, wraps and mouth pieces for Lugo boxing program.

American Air Washington DC Trip- Flight 773.20
Msft * E0300rcgyn Microsoft 365 Subscription 674.91
Staples Inc Boxes for city retention project 641.27
Adobe Inc. Adobe Acrobat Pro Subscription 623.74
Samsclub.Com General city supply order 547.82
Hotelscom7205399703153 536.00 Hotel for Sister City trip to San Miguel el Alto.

The Home Depot #6627 Dolly cart for food distribution. 532.82 Volaris T9tu8f 476.55 Travel and meetings
Vivint Inc/Us Office Supplies 472.98
Aprint Co Special Event 462.00
Delta Air 416.20 Travel and meetings
Www.Bannerbuzz.Com Advertising 399.10
Fedex Offic10200010249 Special Events July 4th 389.69
Il Saggio Office Supplies 355.45
Iimc Professional Membership 350.00
Msft * E0300rcfyg Subscription 344.23
4imprint, Inc Office Supplies 335.36
Runyon Surface Prep Street Maintenance supplies 331.49
Ringcentral Inc. Telephone 311.57
Www.Apwa.Net Training and Education 297.50
Target.Com Office Supplies 275.60
Wave - *radius Maps 4 Les 275.00 Advertising
Tst* T&a Taco Travel and meetings 270.00
Samsclub.Com Office Supplies 261.32
Staples 00113860 Training and Education 245.26
Amzn Mktp Us Special Event 243.32
Oreilly 2959 Vehicle Maintenance 239.50
Lees Bbq And Boba Office Supplies 224.91
Sq *agua Y Salud Street Maintenance supplies 223.88
Full Source, Llc Uniforms 203.60
Full Source, Llc Uniforms 162.00
The Marketplace Grill Caf 152.36 Travel and meetings
Hp *instant Ink Office Supplies 147.62
Business.Apple.Com Subscription 140.53
Contractors Wh #703 Building Materials 130.86
Full Source, Llc Uniforms 114.06
Sams Club#6626 Office Supplies 107.97
Attachment F Page 62 of 430
Credit Card Payment Detail
March 01, 2024 to March 31, 2027, paid April 08, 2024
Supplier - Name Amount G/L Account
Nna Services Llc Professional Membership 98.00
Current Whlse Elec Suppl Building Materials 97.02
Tst* Ammatoli - Long Beac 95.06 Travel and meetings
Pacific Driving School Training and Education 95.00
Norms - Downey Travel and meetings 92.34
Cheesecake Anaheim Travel and meetings 90.23
Stc Gardenwalk Llc Travel and meetings 90.00
Full Source, Llc Uniforms 80.21
Party City Bopis Senior Activities 78.90
The Ups Store 5391 Employee Physical 77.00
Wm Supercenter #3180 Office Supplies 66.42
Fun Express Special Event 65.69
Wm Supercenter #3180 Employee Recognition 64.52
Concentra Inc Employee Physical 62.00
Allianz Travel Ins Travel and meetings 52.19
Vivint Inc/Us Contractual 52.14
Cudahy Vehicle Maintenance 50.97
Sprouts Farmers Mar Travel and meetings 49.04
Full Source, Llc Uniforms 46.65
El Pescador 7 46.00 Travel and meetings
Cali Pizza Kitc Inc #141 Travel and meetings 42.27
Starbucks Store 67663 Travel and meetings 40.00
Zoom.Us 888-799-9666 Subscription 40.00
Chriss Hamburgers Travel and meetings 35.53
3324 World Trade Center Travel and meetings 35.00
Msft * E0300rcfy1 Subscription 30.76
Starbucks Store 67663 Office Supplies 30.70
La Princessa Bakery Cafe 26.00 Travel and meetings
Full Source, Llc Uniforms 25.05
Sq *agua Y Salud Street Maintenance supplies 24.00
Starbucks 800-782-7282 Office Supplies 20.00
Starbucks Store 67663 Office Supplies 20.00
Sq *agua Y Salud Street Maintenance supplies 18.00
McA Direct Election Services 16.54
Ace Parking 0997 Travel and meetings 15.00
Cvs/Pharmacy #08858 Advertising 14.73
Starbucks 67663 Travel and meetings 14.65
Digitalspace Telephone 13.00
Floor And Decor 157 Building Materials 11.68
United Valet Parking Inc. Travel and meetings 10.40
Apple.Com/Bill Subscription 4.99
Capio Conference Reg Travel and meetings (775.00)
Paypal Travel and meetings (875.00)
43,984.80

Blank Page

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
05/21/2024 Page 1 of 5

STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
Prepared by: Cecilia Madrigal-Gonzalez, Senior Planner
Concurrence: Juan Arauz, AICP, Community Development Director Subject: Adoption by Second Reading of Ordinance No. 742 approving Municipal Code Text Amendment No. 2024-02 to amend Chapter 8.52 (Fireworks) of Title 8 (Health and Safety) of the Cudahy Municipal Code

RECOMMENDATION
Staff recommends that the City Council take the following actions:

1. Adopt by second reading Ordinance No. 742 (Attachment A) of the City Council of the City of Cudahy, California, approving Municipal Code Text Amendment No. 2024-02 amending Title 8 (Health and Safety), Chapter 8.52 (Fireworks) of the Cudahy Municipal Code.

BACKGROUND
The use of fireworks to celebrate national holidays, like the 4th of July, has become a common tradition in the United States. California's Fireworks Law, passed in 1938, established the Office of the State Fire Marshal (“SFM”) as the only fireworks classification authority in California.

California Fireworks Laws divide fireworks into two categories: 1) dangerous fireworks and 2) safe and sane fireworks. Dangerous fireworks are always illegal unless a special display license is issued and only to pyrotechnic operators who put on 4th of July shows. Safe and sane fireworks may be sold, purchased, and used by the public, but only within very strict parameters. Only licensed retailers can sell "safe and sane" fireworks” and can only do so from June 28 to July 6 each calendar year, unless a local ordinance prohibits them or is more restrictive than State law.

On November 25, 2014, the City of Cudahy (“City”) adopted Ordinance No. 641 (Attachment B) allowing the sale of safe and sane fireworks subject to certain restrictions. Currently, the Item Number
12D

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Staff Report
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Cudahy Municipal Code (“CMC”) allows a maximum of two fireworks licenses per calendar year (CMC Section 8.52.070 – Issuance of sales permits) issued only to non-profit organizations (CMC Section 8.52.090 – Operation of sales stands) between the hours of 12:00 p.m. and 10:00 p.m. on July 1st and July 2nd, 10:00 a.m. and 10:00 p.m. on July 3rd, and 8:00 a.m. and 8:00 p.m. on July 4th (CMC 8.52.090(7)).

On October 23, 2023, and November 20, 2023, City staff presented the proposed code amendments as a discussion item to the Planning Commission for review and consideration.

After review, the Planning Commission directed City staff to proceed with the code amendment, and on February 29, 2024, the Planning Commission adopted Planning Commission Resolution No. 2024-07 (Attachment C) recommending the City Council to approve Municipal Code Text Amendment No. 2024-02.

On May 7, 2024, the City Council adopted by first reading Ordinance No. 742 on a 5-0 vote and directed City staff to scheduled the second reading on May 21, 2024.

DISCUSSION/ANALYSIS
As stated above, the CMC allows the sale of safe and sane fireworks subject to certain restrictions including, but not limited to the following:
• A maximum of two fireworks licenses may be issued per calendar year; and • Licenses can only be issued to non-profit organizations; and • Sales can only occur between the hours of 12:00 p.m. and 10:00 p.m. on July 1st and July 2nd, 10:00 a.m. and 10:00 p.m. on July 3rd, and 8:00 a.m. and 8:00 p.m. on July 4th; and • A minimum distance of 500 feet is required between fireworks stands with no more than two per parcel.

While processing applications for safe and sane fireworks sales in 2023, City staff received requests to extend the dates of sale to align with State law but were unable to grant this extension due to the City’s local ordinance being more restrictive than State law. For all fireworks applications, the sale of fireworks is used as a fundraising event, and extending the hours and dates would financially benefit the applicants and remain consistent with State law.

Furthermore, City staff surveyed surrounding cities of comparable size to Cudahy including, Bell, Bell Gardens, Maywood, and Hawaiian Gardens as shown in Table 1 below. As part of this survey, City staff found the maximum number of fireworks far exceeds the current maximum of two in Cudahy, and location requirements/restrictions are limited. Additionally, the CMC has stricter location requirements by requiring booths to be located 500 feet from each other and no more than two per parcel with no zoning restrictions. As such, City staff is recommending imposing a restriction to prohibit fireworks booths in all residential zones and remove the maximum number of permits due to existing distance requirements and self-regulating location

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Staff Report
05/21/2024 Page 3 of 5

restrictions.

TABLE 1 – SURVEY OF CITIES
City Maximum Number of
Permits Allowed
Location
Requirement/Restrictions
Bell 8 None
Bell Gardens Prohibits the sale of safe
and sane fireworks N/A
Maywood 10
Commercial or
manufacturing zones only
Hawaiian Gardens 10 None
For the reasons stated above and to provide flexibility while complying with protecting public health, safety, and general welfare, City staff is recommending Municipal Code Text Amendment No. 2024-02 which would revise the hours and dates of operation, remove the maximum number of licenses, impose a new restriction prohibiting firework booths in residential zones and clarify inconsistencies.

Municipal Code Text Amendment No. 2024-02 is summarized in Table 2 below. The redlines associated with these amendments, which show deletions in strikethrough and additions in bold underlines, can be found in Attachment D.

TABLE 2 – SUMMARY OF PROPOSED AMENDMENTS
CMC Section Discussion

8.52.060(3) and

8.52.060(4)
Section Revised.

The section is amended to clarify the fireworks application submittal must be made to the community development department, not the director, and clarifies the financial statements shall be filed with the finance department, not the community development director.

8.52.070(1)
through

8.52.070(3)
Remove section.

This section is amended to remove the maximum number of permits issued and the lottery selection process. The current location requirements self-regulate the number of permits that can be issued and thus both the maximum number of permits and the lottery system are no longer necessary.

8.52.080(3)
through

8.52.080(4)
New sections added.

A new section is added to add location requirements, which includes prohibiting fireworks stands in residential zones and permitting them in commercial, industrial, and/or mixed-use zones. Furthermore, the

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Staff Report
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section adds language to address circumstances when a fireworks application is received with the same location or conflicting distance requirements. In this case, priority is given to the application received first.

8.52.090(7) Revises firework stand operational hours and dates.

This section is amended to revise the dates and times of fireworks sales from July 1st through July 4 to June 28th to July 4th. Additionally, in the case State law is amended language is added to coincide with State law.

ENVIRONMENTAL ASSESSMENT
The proposed 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 because the proposed amendment is intended to revise the hours and dates of operation, remove the maximum number of licenses, impose a new restriction prohibiting fireworks booths in residential zones and clarify inconsistencies.

PUBLIC NOTICE AND COMMENTS
Municipal Code Text Amendment No. 2024-02 was noticed in accordance with the City’s public notice requirements, which involved publication in the local paper as provided in Attachment E.

FISCAL IMPACT
The Fiscal Year 2023-24 Adopted Budget included the cost for required legal publication and codification of the ordinance. As such, there is no financial impact.

STRATEGIC PLAN CORRELATION
Not applicable.

CONCLUSION
City staff recommends the approval of this request, for the reasons outlined in the draft ordinance, which in summary are to modernize the CMC to reflect good practices and recent trends and consistency with the State’s Fireworks law.

ATTACHMENTS

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Staff Report
05/21/2024 Page 5 of 5

A. Ordinance No. 742
B. Ordinance No. 641
C. Planning Commission Resolution No. 2024-07
D. Redline Exhibit
E. Public Notice

ORDINANCE NO. 742

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF CUDAHY, CALIFORNIA ADOPTING MUNICIPAL
CODE TEXT AMENDMENT NO. 2024-02 AMENDING
CHAPTER 8.52 (FIREWORKS) OF TITLE 8 (HEALTH AND
SAFETY) 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, pursuant to the State Fireworks Law, Health and Safety Code section 12500, et seq, the City is authorized to regulate or prohibit the sale, use or discharge of fireworks within its jurisdiction; and
WHEREAS, on November 25, 2014, the City adopted Ordinance No. 641 establishing Cudahy Municipal Code (“CMC”) Chapter 8.53 (Fireworks) to Title 8 (Health and Safety) to allow and regulate the sale of safe and sane fireworks; and WHEREAS, the City finds it necessary to amend the CMC to revise provisions related to the hours of operation and number of applications for the sale of safe and sane fireworks in the City; and
WHEREAS, on February 26, 2024, the Planning Commission 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 recommended approval of Municipal Code Text Amendment No. 2024-02 amending various sections of CMC Chapter 8.52 (Fireworks) of Title 8 (Health & Safety) to the City Council; and
WHEREAS, on May 7, 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 approved Municipal Code Text Amendment No. 2024-02 amending various sections of CMC Chapter 8.52 (Fireworks) of Title 8 (Health & Safety) to the City Council of the City of Cudahy (“City Council”); and
WHEREAS, on May 7, 2024, the City Council of the City of Cudahy (“City Council”) adopted Ordinance No. 742 amending the CMC; and Attachment A Page 70 of 430
Ordinance No. 742

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

Section 1. The facts set forth in the recitals above are true and correct and incorporated herein by reference.

Section 2. Section 8.52.060(3) is hereby amended to read as follows:
(3) Unless otherwise authorized by the city manager or designee, completed applications for fireworks sales will be submitted to the community development department no later than April 1st of each year.

Section 3. Section 8.52.060(4) is hereby amended to read as follows:
(4) A financial statement signed by the treasurer or financial officer of the applicant setting forth the total gross receipts from each stand from which fireworks were sold, all expenses incurred and paid in connection with the purchase of fireworks and the sale thereof, and to whom and for what purpose the net proceeds were disbursed, along with the most recent report filed by the applicant to the State Board of Equalization shall be filed with the finance department by September 1st.

Section 4. Section 8.52.070 is hereby amended to read as follows:
(1) No one organization may receive more than one permit for fireworks sales during any one calendar year. This limitation shall not apply to groups which have separate charters from parent organizations.
(2) Previous applicants found in violation of this chapter or any fireworks related code provisions will not be eligible for a fireworks sales permit the following year.

Section 5. Section 8.52.080(3) through 8.53.080(4) is hereby added to read as follows:
(3) A fireworks stand may be located only in the commercial, industrial, and/or mixed-use zones in the City. Firework stands are prohibited in any residential zone. (4) In the event the community development department receives two or more applications with the same location and/or conflicting distance requirements, priority shall be given to the applications received first.

Section 5. 8.52.090(7) is hereby amended to read as follows:
(7) The sale of fireworks shall only be allowed between the hours of 12:00 p.m. noon and 10:00 p.m. on June 28th through July 4th. The hours of sale shall coincide with State law Section 12599 of the Health and Safety Code, as amended from time to time.

Section 6. CEQA. This Ordinance has been assessed in accordance with the

Ordinance No. 742

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 7. 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 8. 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 9. 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 10. 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.

Ordinance No. 742

PASSED AND ADOPTED by the City Council of the City of Cudahy at a regular meeting held in the month of _______ on the ____ of 2024. ________________________________
Jose R. Gonzalez
Mayor
ATTEST:
_________________________________
Richard Iglesias
City Clerk

Ordinance No. 742

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. 742 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

Municipal Code Text Amendment No. 2024-02 (Fireworks) Redlines The proposed language modifications area is shown below as strikethrough deletions and underline font additions.

1. Subsection 8.52.060(3) and 8.52.060(4) of Section 8.52.060 (Prerequisites to issuance of sales permits) of Chapter 8.52 (Fireworks) is amended to include the following additions, deletions, and modifications:
(3) Unless otherwise authorized by the city manager or designee, completed applications for fireworks sales will be submitted to the community development director department or designee no later than April 1st each year. (4) A financial statement signed by the treasurer or financial officer of the applicant setting forth the total gross receipts from each stand from which fireworks were sold, all expenses incurred and paid in connection with the purchase of fireworks and the sale thereof, and to whom and for what purpose the net proceeds were disbursed, along with the most recent report filed by the applicant to the State Board of Equalization shall be filed with the community development director finance department or designee by September 1st.

2. Subsection 8.52.070(1) through 8.52.070(3) of Section 8.52.070 (Issuance of sales permits) of Chapter 8.52 (Fireworks) is amended to include the following additions, deletions, and modifications:
(1) No one organization may receive more than one permit for fireworks sales during any one calendar year. This limitation shall not apply to groups which have separate charters from parent organizations. The number of such permits which may be issued pursuant to this chapter during any one calendar year shall not exceed two.
(2) The city shall conduct a lottery for the selection of fireworks sales permittees if the number of applications exceeds the maximum number of permits allowed. Otherwise, the permits shall be awarded to the eligible applicants.
(32) Previous applicants found in violation of this chapter or any fireworks related code provisions will not be eligible for a fireworks sales permit the following year.

3. Add new subsections 8.52.080(3) and 8.52.080(4) to Section 8.52.080 (Approval of location of sales stands) of Chapter 8.52 (Fireworks) as follows:

Attachment D Page 97 of 430

(3) A fireworks stand may be located only in the commercial, industrial and/or mixed-use zones in the City. Firework stands are prohibited in any residential zone.
(4) In the event the community development department receives applications with the same location and/or conflicting distance requirements, priority shall be given to the applications received first.

4. Subsection 8.52.090(7) of Section 8.52.090 (Operation of sales stands) of Chapter

8.52 (Fireworks) is amended to include the following additions, deletions, and modifications:
(7) The sale of fireworks shall only be allowed between the hours of 12:00 p.m. noon and 10:00 p.m. on July 1st June 28th through July 4th. and July 2nd, 10:00 a.m. and 10:00 p.m. on July 3rd, and 8:00 a.m. and 8:00 p.m. on July 4th.The hours of sale shall coincide with State law Section 12599 of the Health and Safety Code, as amended from time to time.

PH - Fireworks, Municipal Code Text Amendment - Page 1 of 2 See Proof on Next Page
Long Beach Press-Telegram
5150 E. Pacific Coast Highway Suite 200
Long Beach, California 90804
(562) 499-1236
City of Cudahy
5220 Santa Ana Street
Cudahy, California 90201
FILE NO. 0011663134

PROOF OF PUBLICATION
(2015.5 C.C.P.)

STATE OF CALIFORNIA
County of Los Angeles
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not party to or interested in the above-entitled matter. I am the principal clerk of the printer of Long Beach Press-Telegram, a newspaper of general circulation, printed and published in the City of Long Beach*, County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of March 21, 1934, Case Number 370512. The notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
04/22/2024
I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

Executed at Long Beach, California,
this 22nd day of April, 2024.
______________________________
Signature
*Long Beach Press-Telegram, a newspaper of general circulation, is delivered to and available in but not limited to the following cities: Long Beach, Lakewood, Bellflower, Cerritos, Downey, Norwalk, Artesia, Paramount, Wilmington, Compton, South Gate, Los Alamitos, Seal Beach, Cypress, La Palma, Lynwood, San Pedro, Hawaiian Gardens, and Signal Hill.

Attachment E Page 99 of 430
PH - Fireworks, Municipal Code Text Amendment - Page 2 of 2

“Serving The People” "Sirviendo A La Comunidad"
City Council Staff Report
05/21/2024 Page 1 of 7

STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor and Council Members
From: Alfonso Noyola, City Manager
Prepared By: Jessica Guillen, Assistant Planner
Concurrence: Juan Arauz, Community Development Director; Cecilia MadrigalGonzalez, Senior Planner Subject: Conditional Use Permit No. 2024-01: A Request to allow the on-site consumption of beer and wine (Type “41” Alcoholic Beverage Control License) in conjunction with a new restaurant (Epic Wings) at 8017 Atlantic Ave., Suite 103 in the Civic Mixed Use (Civic MU) zone

RECOMMENDATION
City staff recommends that the City Council take the following action(s):

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

2. Adopt Resolution No. 24-11 (Attachment A) of the City Council of the City of Cudahy, California to approve Conditional Use Permit No. 2024-01 to allow the on-site consumption of beer and wine (Type “41”) at a new restaurant (Epic Wings); and

3. Find the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301 (Class 1, Existing Facilities).

BACKGROUND
Location
The Applicant, Epic Wings, operates within a 3,000 sq. ft. space in a 5.4-acre commercial plaza, known as Cudahy Plaza, situated at 8017 Santa Ana Street, Suite 103. The plaza has a General Plan Land Use and Zoning Designation of Civic Mixed Use (Civic MU). It is generally located on the northwest intersection of Atlantic Avenue and Santa Ana Street. Cudahy Plaza currently features a variety of businesses including food, grocery, retail, and personal services.

Item Number
13A

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City Council Staff Report
05/21/2024 Page 2 of 7

The Project Site’s ingress and egress are taken by two existing driveways on Atlantic Avenue, two existing driveways on Santa Ana Street, and two existing driveways on Elizabeth Street.

The aerial view of the Project Site is Figure 1 below.

FIGURE 1 – AERIAL VIEW OF THE PROJECT SITE
On January 8, 2024, the Applicantsubmitted an application to allow for the on-site consumption of beer and wine in conjunction with a new restaurant, Epic Wings.

On April 22, 2024, the Planning Commission held a duly noticed public hearing on the Applicant’s request to allow the on-site consumption of beer and wine in conjunction with a new restaurant Epic Wings. The Planning Commission adopted Resolution No. 2024-11 (Attachment B) recommending the City Council approve Conditional Use Permit 2024-01 with a 3-0-1 vote. The Planning Commission staff report is provided in Attachment F.

PROJECT DESCRIPTION (“PROJECT”)
The Project request is to establish an alcoholic beverage sales use (Type 41, On-Sale General) for a new bona fide restaurant (Epic Wings) located within an existing tenant space at Atlantic Ave., Suite 103. The proposed use would include approximately 1,377 sq. ft. for the alcohol sale area and 197 sq. ft. for the alcohol storage area within an existing 3,000 sq. ft. tenant space as shown below in Figure 2. The restaurant has an operational kitchen from which the menu items are prepared (Attachment C – Menu), food is served until one-half hour before closing, takePROJECT SITE N Cudahy Plaza

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out food is incidental to the primary use, and patrons are not served while standing at a counter. The Applicant would also take necessary security measures such as, requiring all servers to possess and maintain an “Alcohol Server Certification”, a certified trained manager would be present for every shift, and a security system would be installed to cover all access points to the building and bar. The sale of alcohol would be limited to the hours the restaurant is open for regular business which are Monday through Thursday from 10:30 a.m. to 9:30 p.m., Friday from 10:00 a.m. to 10:30 p.m., Saturday from 10:30 a.m. to 10:00 p.m., and Sunday from 10:30 a.m. to 9:30 p.m. The Project does not include any expansions or modifications to the building or parking area.

FIGURE 2 - RESTAURANT AND BAR FLOOR PLAN

DISCUSSION
General Plan Consistency
The Project site has a General Plan land use designation of Mixed Use Civic. The Mixed-Use Civic designation is “characterized by complementary civic, commercial, and residential uses, encouraging vibrant street life, civic engagement, and access to public resources and to business.

Situated within an established commercial plaza offering diverse services and dining options, the proposed alcohol license for Epic Wings aligns with this designation, maintaining a balanced mix of commercial activities. Additionally, it supports General Plan Policy LUE 1.5 by enhancing and beautifying commercial centers, converting strip commercial spaces into cohesive retail and service hubs. The Project site was previously occupied by an automotive center, the site had remained vacant since 2018. Introducing a restaurant with on-site beer and wine consumption would enhance the plaza's offerings, complementing existing retail and service

BAR/ALCOHOL

STORAGE

REGISTER

KITCHEN

RESTROOMS
N

UTILITY
ROOM
METER
CLOSET

DINING/ALCOHOL SALE
AREA

DINING/ALCOHOL

SALE AREA
ALCOHOL SALE AREA: 1,377 SQ. FT.

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amenities.

Zoning Consistency
Pursuant to the Cudahy Municipal Code (“CMC”) Section 20.28.020 (Table 20.28-1) restaurants are permitted by right in the Civic Mixed-Use zone and pursuant to CMC Section 20.52.070 restaurants with alcoholic beverages and services are permitted subject to a conditional use permit approved by both the Planning Commission and City Council. The Project is proposing the on-site sale of beer and wine for the proposed restaurant and bar, Epic Wings. The new restaurant features a full menu including wings, fries, and salads (Attachment C – Restaurant Menu). The on-site sale of beer and wine is a typical operation for Epic Wings restaurants and would be consistent with the California Department of Alcohol Beverage Control (“ABC”) “Type 41” alcohol license which authorizes the sale of alcohol for bona fide eating places.

Additionally, CMC Section 20.52.070 imposes certain regulations for any business engaged in alcoholic beverages. These regulations are detailed within Table 2 below with a determination if the project meets the standard.

TABLE 1 – ALCOHOLIC BEVERAGES AND SERVICES REGULATIONS

REGULATIONS MET BY PROJECT
CMC Section 20.52.070(A)
Distance Requirements. Unless otherwise
stated herein, businesses selling alcoholic
beverages for off-site or on-site
consumption shall be located a minimum
distance of 500 feet from any religious
institution, school, or other public
playground.

Yes. A third-party 500-foot radius map was
prepared to verify and show the Project Site is
not located within 500 feet of any religious
institution, school, or other public playground
(Attachment G)
The nearest religious institution to the Project
Site, Full Gospel Assembly of God located at
4655 Clara Street, is located over 1,000 feet
from the proposed use. The nearest school
and public playground from the project site,
Elizabeth Learning Center, located at 4811
Elizabeth Street is located over 500 feet from
the proposed use.

City staff acknowledges the proximity to a
business, “Options for Youth,” which offers
classes to youth and other independent study
and night classes. Pursuant to CMC Section

20.04.080, where uncertainty exists regarding
the interpretation of any provision of the
zoning code, the Community Development
Director (Director) shall have the authority to
interpret the intent of any provision.

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Therefore, the Director has determined
Options for Youth is not defined as a school,
but rather a tutoring and educational center,
which is not a sensitive receptor under this
requirement.

CMC Section 20.52.070(B)
Distance from Other Establishments.

Businesses selling alcoholic beverages for
off-site consumption shall not be located
within 1,000 feet of any other establishment
selling and serving alcoholic beverages for
off-site consumption.

Not applicable. This regulation only applies to
businesses selling alcoholic beverages for offsite consumption. This Project proposes onsite consumption.

CMC Section 20.52.070(C)
Other Businesses on Same Parcel.

Businesses selling alcoholic beverages for
off-site and on-site consumption shall not
be located on the same parcel or lot as a
pool hall, cyber cafe, arcade, or massage
establishment (primary use), movie theater,
bowling alley, or retail store, except that
such businesses selling alcoholic beverages
may be located on the same parcel as a
movie theater, bowling alley, or retail store
in the Entertainment Zone.

Yes. There are no pool halls, cybercafé,
arcades, massage establishments, movie
theaters, or bowling alleys located in the same
parcel as the proposed Project. Retail stores
are not defined in CMC Section 20.88
(Definitions) and the only references to retail
stores are for a “Sexually Oriented Retail
store” and “Liquor store.”
City staff reviewed the definitions which
include references to “retail store” with
respect to the alcohol regulations and it can
be determined that the intent of the
regulation is to prohibit businesses selling
alcohol on the same parcel as uses that may
raise safety concerns such as a pool hall,
massage establishment, sexually oriented
retail stores, and is not meant to prohibit
selling alcohol on the same parcel as less
sensitive retail uses such as clothing stores.

Pursuant to Section 20.04.080 (Interpretation
of the Zoning Code) of the CMC, where
uncertainty exists regarding the
interpretation of any provision of the zoning
code, the Community Development Director
(Director) shall have the authority to interpret
the intent of any provision. Therefore, the
Director has determined the existing retail
services in the commercial plaza are not
“retail stores” but rather “retail uses” and that

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the proposed alcohol use meets this
requirement.

CMC Section 20.52.070(D)
Expansion. Any expansion of the use; a
change in Alcoholic Beverage Control Board
license status, from an off-sale to on-sale, or
from one type of on-sale to off-sale license
to another type of on-sale or off-sale
license; or any transfer of the license issued
by the Alcoholic Beverage Control Board
shall not be permitted unless a conditional
use permit is first obtained pursuant to the
provisions of Chapter 20.84 CMC, Part 5.

Yes. This regulation has been included as a
condition of approval, # 13.

CMC Section 20.52.070(E)
Minimum Building Size. On-site
consumption of alcoholic beverages as a
primary use shall not be permitted unless
the building has a minimum floor area of
3,000 square feet, not including restaurants.

Not applicable. The regulation does not apply
to the proposed Project since the on-site
consumption of alcoholic beverages is not
their primary use. The primary use is a
restaurant with ancillary sales of beer and
wine.

Further, CMC Sections 20.52.080(A) through 20.52.080(D) require certain conditions of approval to be imposed as part of the approval of the conditional use permit. As such, City staff has added conditions #5, 17, and 6, to address maximum sales, law enforcement problems, and financial statements (Attachment B).

Lastly, the Project was reviewed by various departments, including the Los Angeles Sherriff Department. The Project as conditioned is not anticipated to negatively affect the health and safety of the surrounding neighborhood.

ABC COMPLIANCE
As mentioned, the Applicant is applying for a Type 41 alcohol license which is issued by ABC to restaurants. The Applicant must operate and maintain the licensed premises as a bona fide eating place, maintain suitable kitchen facilities, and make actual and substantial sales of meals to allow and continue the consumption of alcohol on the premises. As proposed the Project would be compliant with the ABC requirements for a Type 41 license.

PUBLIC NOTICE AND COMMENTS
The Project was noticed in accordance with the City’s public notice requirements, which involved mailed notices sent to property owners and tenants within 300 feet of the Project site.

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The public notice was distributed in both Spanish and English and is provided as Attachment D.

ENVIRONMENTAL ASSESSMENT
The Project has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City. The Project is categorically exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines Section 15301 (Class 1). The Class 1 exemption (Existing Facilities) is applicable to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, involving negligible or no expansion of existing or former use. The Project involves the licensing of an alcohol license for the on-site sale of beer and wine. The Project would also not expand the existing building footprint and would only improve the site through tenant improvement. Therefore, the Project is categorically exempt from the provisions under CEQA. The draft Notice of Exemption is Attachment E.

CONCLUSION
For the reasons discussed above and the information attached to this report, the Project would conform with all the requirements of the General Plan and the provisions of the CMC. The proposed recommendation would not have an adverse effect on the public, health, safety, or general welfare. Therefore, City staff recommends the City Council uphold the Planning Commission’s decision to approve Conditional Use Permit No. 2024-01 to allow the on-site consumption of beer and wine (Type “41”) at a new restaurant (Epic Wings).

ATTACHMENTS
A. Draft Resolution No. 24-11
B. Planning Commission Resolution No. 2024-11
C. Conditional Use Permit 2024-01: Application and Business Operations D. Tenant and Property Owner 300-foot Public Hearing Notice E. Draft Notice of Exemption
F. Planning Commission Staff Report dated April 22, 2024 G. Third-party Radius Map of Sensitive Uses

DRAFT RESOLUTION NO. 24-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, TO APPROVE CONDITIONAL USE PERMIT NO. 2024-01 TO ALLOW THE ON-SITE CONSUMPTION OF BEER AND WINE (TYPE “41” ALCOHOLIC BEVERAGE CONTROL LICENSE) IN CONJUNCTION WITH A NEW RESTAURANT (EPIC WINGS) AT 8017 ATLANTIC AVENUE, SUITE 103 IN THE CIVIC MIXED-USE (CIVIC MU) ZONE.

WHEREAS the Applicant, Epic Wings, requests approval of Conditional Use Permit No. 2024-01 a request to allow the on-site consumption of beer and wine (Type “41” Alcoholic Beverage Control License) in conjunction with a new restaurant (Epic Wings); and WHEREAS the subject property is located at 8017 Atlantic Avenue Suite 103 and further legally described as Assessor Parcel Number 6224-005-023 as shown in the latest records of the Los Angeles County Assessor's Office; and
WHEREAS the subject property is located in an area that is designated by the City of Cudahy (“City”) General Plan and City’s Zoning Designation as Civic Mixed-Use; and WHEREAS the subject property is located in an approximate 3,000 square foot tenant space where approximately 1,300 square feet of area will be designated as the indoor alcohol sale area; and
WHEREAS the on-site sale of alcohol will be ancillary to the restaurant and will remain consistent with the General Plan and the integrity and character of the Civic Mixed-Use zone; and WHEREAS this matter was duly noticed and posted for a public hearing by the Planning Commission held on April 22, 2024, at 6:30 P.M. consistent with the City’s Cudahy Municipal Code (“CMC”) Section 20.84.100.

WHEREAS on April 22, 2024, the Planning Commission recommended the City Council approve CUP No. 2024-01 to allow the on-site consumption of beer and wine (Type “41” Alcoholic Beverage Control License) in conjunction with a new restaurant (Epic Wings) with a 3-0 vote; and WHEREAS this matter was duly noticed and posted for a public hearing by the City Council held on May 21, 2024, at 6:30 P.M. consistent with the City’s Cudahy Municipal Code (“CMC”) Section 20.84.100.

WHEREAS on May 21, 2024, the City Council approved CUP No. 2024-01 to allow the onsite consumption of beer and wine (Type “41”) in conjunction with a new restaurant (Epic Wings) with a X-X vote.

NOW THEREFORE, the City Council of the City of Cudahy does hereby resolve, declare, and determine as follows:

SECTION 1. RECITALS
That the above Recitals are true and correct and are incorporated as though fully set forth herein.

SECTION 2. ENVIRONMENTAL REVIEW
The Project has been assessed in accordance with the California Environmental Quality Act (“CEQA”) Guidelines and the environmental regulations of the City. The Project is categorically exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines Section 15301 (Class 1). The Class 1 exemption (Existing Facilities) is applicable to the Attachment A Page 108 of 430
Resolution No. 24-11

operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, involving negligible or no expansion of existing or former use. The Project involves the licensing of an alcohol license for the on-site sale of beer and wine. The Project would also not expand the existing building footprint and would only improve the site through tenant improvement.

SECTION 3. FINDINGS AND FACTS FOR CONDITIONAL USE PERMIT NO. 2024-01 A. Finding: Consistency. The use shall be consistent with the general plan and consistent with the integrity and character of the zone in which it is to be located.

Fact: The Project is located in an area that is designated by the City’s General Plan and Zoning Designation as Civic Mixed-Use. The Project will support and be consistent with several goals and policies of the City’s General Plan, including:
• Policy LUE 1.5 Promote the revitalization of, upgrading, and beautification of commercial retail centers and the conversion of strip commercial uses to coordinated, complementary retail and service uses.

The Project site was previously occupied by an automotive center in 2018 and has remained vacant since. The restaurant with on-site consumption of beer and wine will add a commercial use to the commercial plaza and will complement the existing retail and service uses in the plaza.

B. Finding: Site Suitability. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls and fences, parking and loading, landscaping, and other development standards prescribed in this zoning code, or required by the planning commission, city council, or other authorized agent in order to integrate the conditional use with the land and uses in the neighborhood.

Fact: The Applicant, Epic Wings, occupies an existing 3,000 sq. ft. tenant space in an approximate 5.4-acre multi-tenant commercial plaza, Cudahy Plaza which features striped parking and landscaping. Vehicular access is provided by two existing driveways on Atlantic Avenue, two existing driveways on Santa Ana Street, and two existing driveways on Elizabeth Street. The Project is to allow alcoholic beverage consumption for a new restaurant and does not propose any changes to the footprint of the buildings, yards, fences, loading, or landscaping. Further, the Applicant will have adequate parking as the shopping center has approximately 520 shared parking spaces. As such, the Project has adequate space, access, and parking to accommodate the proposed project and is adequate in shape and size for the proposed commercial use.

C. Finding: Neighborhood Compatibility. The Planning Commission shall consider the nature, condition, and development of adjacent uses, buildings, and structures and the effect the proposed conditional use may have on such adjacent uses, buildings, and structures.

Resolution No. 24-11

Fact: The on-site sale and consumption of beer and wine as an ancillary use to a new restaurant, Epic Wings, will operate indoors within an existing commercial tenant space within a shopping center. The shopping center features a mix of commercial uses such as a grocery store, food establishments, gym, and personal services. The adjacent uses are complementary to the restaurant serving beer and wine within a commercial shopping center. As such, the use will operate in harmony with the surrounding uses.

D. Finding: Access and Circulation. The site for a proposed conditional use should relate to streets and highways adequate in width and pavement to carry the kind and quantity of traffic such use would generate. Adequate provisions for public access are available to serve the use.

Fact: Vehicular access to the site will continue to be from Atlantic Avenue, Santa Ana Street, and Elizabeth Street. The Project is not anticipated to result in any traffic impacts to the adjacent uses because the use does not involve any new and/or building additions as part of the Project. The use will operate in an existing commercial plaza designed to accommodate traffic associated with such uses.

E. Finding: Utilities and Services. Adequate provisions for water, sewer, and public utilities and services are available to ensure that the use will not be detrimental to public health and safety.

Fact: The Project site is a fully developed commercial plaza with existing water, sewer, and public utilities. The proposed Project will be served by existing utilities and services, therefore will not be detrimental to the public health and safety of the vicinity.

F. Finding: Safety and Welfare. The use will not be detrimental to the public interest, health, safety, convenience, or welfare.

Fact: The Applicant will take necessary security measures for the on-site consumption of beer and wine in conjunction with the new restaurant. All servers will be required to possess an “Alcohol Server Certification”, a certified trained manager will be present for every shift throughout the day, and a security system will be installed to cover all access points to the building and bar. Additionally, the Project is required to meet all Building and Fire codes and standards, thereby assuring the public interest, health, safety, convenience, and welfare.

SECTION 4. RESTAURANT ALCOHOLIC BEVERAGE SALES AND SERVICE REGULATIONS. Pursuant to CMC Section 20.52.070 and 20.52.080 the following regulations shall apply to all businesses engaged in alcoholic beverage sales and services.

A. Distance Requirements. Unless otherwise stated herein, businesses selling alcoholic beverages for off-site or on-site consumption shall be located a minimum distance of 500 feet from any religious institution, school, or other public playground.

Resolution No. 24-11

The nearest religious institution to the Project site, Full Gospel Assembly of God located at 4655 Clara Street, is located over 1,000 feet from the subject site use. The nearest school and playground from the Project site, Elizabeth Learning Center, located at 4811 Elizabeth Street is located over 500 feet from the use.

City staff acknowledges the subject sites proximity to a business, “Options for Youth”.

Pursuant to Section 20.88.020 (Definitions) of the CMC, schools are defined as academic educational institutions, including colleges and universities; elementary, middle/junior, and high schools; military academies; and charter schools, and does not include vocational schools, business and professional schools, tutoring and education centers, or nontuition part-time instruction at places of religious assembly.

Options for Youth offers classes to youth, they do so in non-traditional form including independent study, night classes, online courses, and single-subject tutoring. Pursuant to Section 20.04.080 (Interpretation of the Zoning Code) of the CMC, where uncertainty exists regarding the interpretation of any provision of the zoning code, the Community Development Director (Director) shall have the authority to interpret the intent of any provision. Therefore, the Director has determined Options for Youth does not fit the definition of a school, but rather a tutoring and educational center which is not a sensitive receptor for the purpose of evaluating the required 500-foot distance requirement.

B. Distance from Other Establishments. Businesses selling alcoholic beverages for off-site consumption shall not be located within 1,000 feet of any other establishment selling and serving alcoholic beverages for off-site consumption.

This Project only proposed the on-site sales of beer and wine incidental to the primary use, a restaurant. The regulation only applies to businesses selling alcoholic beverages for off-site consumption therefore the regulation is not applicable to the Project.

C. Other Businesses on Same Parcel. Businesses selling alcoholic beverages for off-site and on-site consumption shall not be located on the same parcel or lot as a pool hall, cyber cafe, arcade, or massage establishment (primary use), movie theater, bowling alley, or retail store, except that such businesses selling alcoholic beverages may be located on the same parcel as a movie theater, bowling alley, or retail store in the Entertainment Zone.

The Project site is not located on the same parcel as a pool hall, cybercafé, arcade, massage establishment, movie theater, or bowling alley. However, the Project site is located near a clothing store.

Pursuant to Section 20.88.020 (Definitions) of the CMC, a retail store is not explicitly defined. The only uses explicitly defined as retail stores are “Sexually Oriented Retail Store” and “Liquor Store”. With respect to the alcohol regulations, it can be determined that the intent of the regulation is to prohibit businesses selling alcohol on the same parcel

Resolution No. 24-11

as uses that may raise safety concerns such as a pool hall, massage establishment, sexually oriented retail stores, and is not meant to prohibit selling alcohol on the same parcel as less sensitive retail uses such as clothing stores.

Pursuant to Section 20.04.080 (Interpretation of the Zoning Code) of the CMC, where uncertainty exists regarding the interpretation of any provision of the zoning code, the Community Development Director (Director) shall have the authority to interpret the intent of any provision. Therefore, the Director has determined the existing retail services in the commercial plaza are not “retail stores” but rather “retail uses” and that the proposed alcohol use meets this requirement.

D. Expansion. Any expansion of the use; a change in Alcoholic Beverage Control Board license status, from an off-sale to on-sale, or from one type of on-sale to off-sale license to another type of on-sale or off-sale license; or any transfer of the license issued by the Alcoholic Beverage Control Board shall not be permitted unless a conditional use permit is first obtained pursuant to the provisions of Chapter 20.84 CMC, Part 5.

The Project is approved with an alcohol service of beer and wine only (Type 41) with a service area of 1,377 sq. ft. which includes the 197 sq. ft. bar area in the restaurant. If in the future the Applicant proposes an expansion of the use, change in license type, or any transfer of the license issued by ABC this conditional use permit may need to be amended or a new conditional use permit application may need to be applied for. Compliance with this requirement is included as part of the conditions of approval in Exhibit A.

E. Minimum Building Size. On-site consumption of alcoholic beverages as a primary use shall not be permitted unless the building has a minimum floor area of 3,000 square feet, not including restaurants.

The Project is to establish alcoholic beverage sales as an ancillary use to a restaurant.

Therefore, the regulation does not apply to the Project since the on-site consumption of alcoholic beverages is not the primary use and furthermore the regulation excludes restaurants.

F. Maximum Sales. The restaurant’s total yearly alcohol sales make up more than 25 percent of the restaurant’s total yearly gross combined food and alcohol sales.

The Project has been conditioned to be subject to a yearly review by the City Council to verify the restaurants’ alcohol sales do not make up more than 25 percent of the yearly total gross sales. Compliance with this requirement is included as part of the conditions of approval in Exhibit A.

G. Law Enforcement Problems. The Sheriff’s Department has the power to determine if continuing police problems exist at the restaurant and if he or she determines such, he or she may require the presence of a city-approved doorman and/or security personnel.

Resolution No. 24-11

A condition of approval, #18 has been included to allow the Sheriff’s Department to have the power to determine if the restaurant will require the presence of a city-approved doorman and/or security personnel if continuous police problems occur at the restaurant.

Compliance with this requirement is included as part of the conditions of approval in Exhibit A.

H. Other Conditions. Any other condition(s) deemed necessary or appropriate by the city to protect the health and welfare of its residents.

Additional conditions have been deemed necessary to include by the City to protect the health and welfare of its residents. Such as, condition #19 requiring the Applicant to establish a point of contact and condition #20 requiring applicant to provide law enforcement access to security surveillance footage in case of an emergency or disturbance.

I. Financial Statements. Prior to March 1st of each year, the restaurant shall submit to the director of community development yearly financial statements for the prior calendar year or portion thereof if the restaurant was not in business for the entire calendar year.

The Project has been conditioned to submit to the finance department yearly financial statements for the prior calendar year before March 1st of each year.

SECTION 5. CONDITIONS OF APPROVAL. Based upon the findings contained in this Resolution and oral evidence in the record, the City Council approves Conditional Use Permit No. 2024-01, subject to the conditions of approval found in Exhibit A of this resolution.

PASSED AND APPROVED by the City Council of the City of Cudahy at the regular meeting of this 21st day of May 2024.
______________________________
Jose R. Gonzalez
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk

Resolution No. 24-11

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 Resolution No.

XX-XX was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 21st day of May 2024 and that said Resolution was adopted by the following vote, to-wit:

AYES: [BLANK]
NOES: [BLANK]
ABSENT: [BLANK]
ABSTAIN: [BLANK]

Richard Iglesias
City Clerk

Resolution No. 24-11

EXHIBIT A OF RESOLUTION NO. 24-11
CONDITIONAL USE PERMIT NO. 2024-01

CONDITIONS OF APPROVAL
Conditional Use Permit No. 2024-01 is hereby approved, subject to the conditions as set forth herein:

Planning Division- Community Development Department

1. Operations shall occur in substantial compliance with approval of the Planning Commission on April 22, 2024, which include site plan, floor plans and business operation plan on file in the Planning Division, the conditions contained herein and all applicable Federal, State, County and local regulations. The Community Development Director may approve minor modifications to the approved project plans and business operations consistent with CMC Section 20.84.140.

2. The restaurant and bar hours of operation shall be limited to Monday through Thursday from 10:30 a.m. to 9:30 p.m., Friday from 10:00 a.m. to 10:30 p.m., Saturday from 10:30 a.m. to 10:00 p.m., and Sunday from 10:30 a.m. to 9:30 p.m. Minor changes to the hours of operations may be approved by the Community Development Director.

3. There shall be no live entertainment or dancing permitted on the premises at any time.

4. The Applicant shall comply with the City’s Noise Ordinance.

5. The restaurant’s total yearly alcohol sales shall make up no more than 25 percent of the restaurant’s total yearly gross combined food and alcohol sales.

6. Prior to March 1st of each year, the restaurant shall submit to the finance department yearly financial statements for the prior calendar year or portion thereof if the restaurant was not in business for the entire calendar year.

7. A business license to operate in the City shall be obtained from the Finance Department before the business opening and must be maintained current and renewed annually.

8. The site shall be kept and maintained in a clean, neat, orderly, operable, and usable condition that is safe both to occupants and passersby. This requirement applies to buildings, portions of buildings, paving, fences, walls, landscaping, water, earth, and any other structure or natural feature.

Resolution No. 24-11

9. The Applicant shall maintain a “Type 41” On-Sale Beer and Wine - Eating Place liquor license from the State Department of Alcoholic Beverage Control (ABC) for the on-site sale of beer, wine.

10.The Applicant shall operate within all applicable Federal, State County and local regulations governing the on-site sale of consumption of alcohol.

11.The on-site sale and consumption of beer and wine shall remain ancillary to the food service and the operation of a bona fide restaurant (Epic Wings).

12.The alcohol service area shall be limited to the dining area and bar area as approved on the floor plan on file with the Planning Division. No alcohol service is allowed outdoors.

13.This approval shall not become effective for any purposes until any appeal period has passed, the Applicant has filed at the Planning Division a notarized affidavit stating they agree to, and accept, all of the Conditions of Approval as approved by the reviewing authority, a business license has been issued, and the use is open and operating within one (1) year of the approval date.

14.Any expansion of the use; a change in Alcoholic Beverage Control Board license status, from an off-sale to on-sale, or from one type of on-sale to off-sale license to another type of onsale or off-sale license; or any transfer of the license issued by the Alcoholic Beverage Control Board shall not be permitted unless a conditional use permit is first obtained pursuant to the provisions of Cudahy Municipal Code Chapter 20.84 CMC, Part 5.

15.The rights granted under CUP No. 2024-01 may be modified or revoked by the Planning Commission should it be determined that the proposed uses or conditions under which the project is being operated or maintained are detrimental to the public health, welfare or materially harmful to property or improvements in the vicinity, if the property is operated or maintained to constitute a public nuisance or is a contributor to blight, or if the uses on the property are changed from the uses expressly approved herein.

16.All conditions shall be binding upon the applicants, their successors and assigns, shall run with the land, shall limit and control the issuance and validity of certificate of occupancy, and shall restrict and limit the construction, location, and use and maintenance of all land and structures within the development.

17.To the fullest extent permitted by law, the applicant shall indemnify, defend and hold the City, its elected officials, officers, contractors serving as City officers, agents, and employees (“Indemnitees”) free and harmless from: (i) any and all claims, liabilities and losses whatsoever occurring or resulting to any and all persons, firms, entities, or corporations furnishing or supplying work, services, materials, or supplies in connection with, or related

Resolution No. 24-11

to, the performance of work or the exercise of rights authorized by approval of this permit; and (ii) any and all claims, lawsuits, liabilities, and/or actions arising out of, or related to the approval of this permit and/or the granting or exercise of the rights authorized by said approval; and (iii) from any and all claims, liabilities and losses occurring or resulting to any person, firm, entity, corporation for property damage, personal injury, or death, arising out of or related to the approval of, or exercise of rights granted by, this permit. Applicant's obligation to indemnify, defend, and hold the Indemnitees free and harmless as required hereinabove shall include, but is not limited to, paying all fees and costs incurred by legal counsel of the Indemnitees’ choice in representing the Indemnitees in connection with any such claims, losses, lawsuits, or actions, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action.

Los Angeles Sherriff Department

18.The Sheriff’s Department has the power to determine if continuing police problems exist at the restaurant and if he or she determines such, he or she may require the presence of a city-approved doorman and/or security personnel.

19.The Applicant must establish a point of contact and provide their contact information in case of an emergency or disturbance.

20.The Applicant shall provide law enforcement access to security surveillance footage upon request in the event of a disturbance or emergency.

21.The Applicant shall have surveillance credentials on site available to employees of the establishment in the event of a disturbance or emergency.

Attachment B

CITY OF CUDAHY CITY COUNCIL
NOTICE OF PUBLIC HEARING FOR CONDITIONAL USE PERMIT NO. 2024-01 NOTICE IS HEREBY GIVEN, pursuant to State Law, that a public hearing will be held by the Cudahy City Council to determine whether or not the subject request shall be approved under the provisions of State Law and the Cudahy City Code as follows:

DATE AND TIME OF
HEARING:

Tuesday, May 21, 2024, 6:30 p.m. or as soon thereafter as the matter can be heard.

PLACE OF HEARING: City Council Chambers
5240 Santa Ana St, Cudahy CA 90201
REQUEST: A recommendation by the Planning Commission to the City Council to approve Conditional Use Permit 2024-01 to allow the on-site consumption of beer and wine (Type “41” Alcoholic Beverage Control License) in conjunction with an existing restaurant (Epic Wings).

LOCATION: 8017 Atlantic Ave., Suite 103, Cudahy CA. The site has a General Plan Land Use and a Zoning designation of Civic Mixed Use (Civic MU).

ENVIRONMENTAL: The Project has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City. The Project qualifies for a Class 1 Categorical Exemption (Existing Facilities) in accordance with the requirements of Section 15301 of the CEQA Guidelines. This exemption is applicable to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, involving negligible or no expansion of existing or former use. The proposed Project involves the licensing of an alcohol license for the on-site sale of beer and wine and involves no expansion of the building footprint beyond the existing are as such, the Project is consistent with Section 15301 Class 1, categorical exemption (Existing Facilities).

Any person desiring to speak on the above matters should appear in person at the public hearing or submit their written correspondence to the City Clerk’s Office through email at [email protected] or in person at the public hearing.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the City Council meeting, please contact the City Clerk’s Office at 323-773-5143 Notification at least 72 hours before the meeting will assist staff in assuring that reasonable accommodation is made to provide accessibility to the meeting.

For any questions regarding this matter, please contact the Community Development Department – Planning Division, at [email protected] or (323)-773-5143.

Richard Iglesias
City Clerk

PROJECT LOCATION MAP
N
Project Site
Attachment D Page 140 of 430

CONSEJO MUNICIPAL DE LA CIUDAD DE CUDAHY
AVISO DE AUDIENCIA PÚBLICA PARA PERMISO DE USO CONDICIONAL NÚM. 2024 - 01 POR EL PRESENTE SE AVISA, de conformidad con la Ley Estatal, que el Consejo Municipal llevará a cabo una audiencia pública durante una Reunión Especial para determinar si la solicitud en cuestión deberá aprobarse o no, según las disposiciones de la ley estatal y del Código de la Ciudad de Cudahy de la siguiente manera:

FECHA Y HORA DE LA
AUDIENCIA:

Martes 21 de Mayo 2024, 6:30 p.m., o bien tan pronto como el asunto pueda recibir audiencia.

LUGAR DE LA
AUDIENCIA:

Cámaras del Concejo Municipal
5240 Santa Ana St, Cudahy CA 90201
SE SOLICITA: Una recomendación de la Comisión de Planificación al Concejo Municipal para aprobar el Permiso de Uso Condicional 2024-01 para permitir el consumo de cerveza y vino en el restaurante (Licencia de Control de Bebidas Alcohólicas Tipo "41") en conjunto con un restaurante existente (Epic Wings).

UBICACIÓN: 8017 Atlantic Ave., Suite 103, Cudahy CA. El sitio cuenta con un Plan General de Utilización de Tierras y una designación de Zonificación de Uso Cívico Mixto (Civic MU).

MEDIO AMBIENTAL: El Proyecto ha sido evaluado de acuerdo con las Normas de la Ley de Calidad Ambiental de California (CEQA, por sus siglas en inglés) y con las reglamentaciones medioambientales de la Ciudad. El Proyecto califica para una Exención Categórica de Clase 1 (Instalaciones Existentes) de acuerdo con los requisitos de la Sección 15301 de las Normas de CEQA. Esta exención corresponde a la operación, reparación, mantenimiento, permisos, arrendamiento, concesión de licencias o alteración menor de estructuras e instalaciones públicas o privadas existentes, que impliquen una expansión insignificante o nula del uso existente o anterior. El Proyecto propuesto implica la obtención de una licencia de alcohol para la venta en el sitio de cerveza y vino, y no implica ninguna expansión de la planta del edificio más allá de lo existente como tal, el Proyecto es consistente con la Sección 15301 Clase 1, exención categórica (Instalaciones Existentes ).

Cualquier persona que desee hablar acerca de los asuntos anteriores debe presentarse personalmente durante la audiencia pública, o enviar su correspondencia por escrito a la Oficina del Secretario por correo electrónico a [email protected] o bien en persona durante la audiencia pública.

De conformidad con la Ley sobre Estadounidenses con Discapacidades., si usted necesita asistencia especial para poder participar en la reunión del Consejo Municipal, favor de comunicarse con la Oficina del Secretario al llamar al 323-773- 5143. Un aviso de por lo menos 72 horas antes de la reunión ayudará al personal a garantizar que se realicen las adaptaciones razonables para poder brindar accesibilidad a la reunión.

Para cualquier pregunta acerca de este asunto, favor de comunicarse con el Departamento de Desarrollo Comunitario - División de Planificación, en [email protected] o bien al llamar al (323)-773-5143.

Richard Iglesias
Secretario Municipal
MAPA DE UBICACIÓN DEL PROYECTO
N
Sitio del Proyecto

Notice of Exemption
To: ☐Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
☐County Clerk - County of Los Angeles
12400 E. Imperial Hwy. Room 101
Norwalk, CA 90650
From: City of Cudahy
Department of:
5220 Santa Ana Street
Cudahy, CA 90201
Project Title/Case No(s): ______________________________________________________________________________ Project Applicant: ______________________________________________________________________________ Project Location – Specific:

Project Location – City: ________________________ Project Location – County: _________________________ Project Applicant & Address: _____________________________________________________________________________ Project Description:

Name of Public Agency Approving Project: City of Cudahy Exempt Status: (check one)
☐Ministerial (Sec. 21080(b)(1); 15268)
☐Declared Emergency (Sec. 21080(b)(3); 15269(a));
☐Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
☐Categorical Exemption.
☐Statutory Exemptions.

Reason why project is exempt:

Lead Agency Contact Person: Telephone:

Signature:
______________________________________________________ _____________________________________________________ Juan Arauz, AICP, Community Development Director Date
Attachment E Page 142 of 430
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STAFF REPORT
Date: April 22, 2024
To: Honorable Chair and Planning Commission Members
From: Juan Arauz, AICP, Community Development Director
Prepared By: Jessica Guillen, Assistant Planner
Concurrence: Cecilia Madrigal-Gonzalez, Senior Planner
Subject: Conditional Use Permit No. 2024-01: A Request to allow the on-site consumption of beer and wine (Type “41” Alcoholic Beverage Control License) in conjunction with a new restaurant (Epic Wings) at 8017 Atlantic Ave., Suite 103 in the Civic Mixed Use (Civic MU) zone.

RECOMMENDATION
City staff recommends that the Planning Commission take the following action(s):

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

2. Find the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301 (Class 1, Existing Facilities); and

3. Adopt a Resolution (Attachment A) of the Planning Commission of the City of Cudahy, California, recommending the City Council approve Conditional Use Permit No. 2024-01 to allow the on-site consumption of beer and wine (Type “41”) at a new restaurant (Epic Wings) based on the finding and conclusions in the attached resolution (Attachment A), and subject to the recommended conditions of approval (Attachment B).

BACKGROUND
Location
The Applicant, Epic Wings, is located in an approximate 3,000 sq. ft. tenant space in an approximate 5.4-acre multi-tenant commercial plaza, located at 8017 Santa Ana Street, Suite 103 (“Project Site” or “Site”). The commercial plaza, also known as Cudahy Plaza, has a General Plan Land Use and Zoning Designation of Civic Mixed Use (Civic MU). The Project Site is generally located on the northwest intersection of Atlantic Avenue and Santa Ana Street. The Cudahy Plaza Item Number
7 Attachment F Page 143 of 430
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currently features a mix of food, grocery, retail, and personal services. The surrounding land uses and zoning designations are shown in Table 1 below.

TABLE 1- ZONING AND LAND USES

ZONING LAND USES
PROJECT SITE Civic Mixed Use (Civic MU)
NORTH Civic Mixed Use (Civic MU) Medical (Kaiser Permanente) EAST Civic Mixed Use (Civic MU) Commercial/Retail Center and ABC Mobile home Park
SOUTH Entertainment (Ent) Vehicle Service Station and
Tract 349
WEST Innovative Industrial Multifamily Residential
The Project Site’s ingress and egress are taken by two existing driveways on Atlantic Avenue, two existing driveways on Santa Ana Street, and two existing driveways on Elizabeth Street. The aerial view of the Project Site is Figure 1 below.

FIGURE 1 –AERIAL VIEW OF THE PROJECT SITE
On January 8, 2024, the Applicant submitted this application to allow for the on-site consumption of beer and wine in conjunction with a new restaurant, Epic Wings.

PROJECT SITE N
Cudahy Plaza

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History
The Project Site was previously occupied by an automotive service business that operated in conjunction with Kmart. This business was vacated in 2018.

PROJECT DESCRIPTION (“PROJECT”)

The Project request is to establish an alcoholic beverage sales use (Type 41, On-Sale General) for a new bona fide restaurant (Epic Wings) located within an existing tenant space at 8017 Santa Ana Street, Suite 103. The proposed use would include approximately 1,377 sq. ft. for the alcohol sale area and 197 sq. ft. for the alcohol storage area within an existing 3,000 sq. ft. tenant space as shown below in Figure 2. The restaurant has an operational kitchen from which the menu items are prepared (Attachment D – Menu), food is served until one-half hour before closing, take-out food is incidental to the primary use, and patrons are not served while standing at a counter. The Applicant would also take necessary security measures such as, requiring all servers to possess and maintain an “Alcohol Server Certification”, a certified trained manager would be present for every shift, and a security system would be installed to cover all access points to the building and bar. The sale of alcohol would be limited to the hours the restaurant is open for regular business which are Monday through Thursday from 10:30 a.m. to 9:30 p.m., Friday from 10:00 a.m. to 10:30 p.m., Saturday from 10:30 a.m. to 10:00 p.m., and Sunday from 10:30 a.m. to 9:30 p.m. The Project does not include any expansions or modifications to the building or parking area.

FIGURE 2- RESTAURANT AND BAR FLOOR PLAN

DISCUSSION
General Plan Consistency

BAR/ALCOHOL

STORAGE

REGISTER

KITCHEN

RESTROOMS
M
N

UTILITY
ROOM
METER
CLOSET

DINING/ALCOHOL SALE
AREA

DINING/ALCOHOL

SALE AREA
ALCOHOL SALE AREA: 1,377 SQ. FT.

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The Project site has a General Plan land use designation of Mixed Use Civic. The Mixed-Use Civic designation is “characterized by complementary civic, commercial, and residential uses, encouraging vibrant street life, civic engagement, and access to public resources and to business.

The Project is located within an existing commercial plaza that offers a variety of personal services, food, and professional offices. The proposed alcohol license would be ancillary to the restaurant and would remain consistent with the General Plan by maintaining a mix of commercial uses in the Mixed-Use Civic designation. Further, the Project would support General Plan Policy LUE 1.5, “Promote the revitalization of, upgrading, and beautification of commercial retail centers and the conversion of strip commercial uses to coordinated, complementary retail and service uses.” The Project site was previously occupied by an automotive center in 2018 and has remained vacant since. The proposed restaurant with on-site consumption of beer and wine would be the only restaurant with on-site alcohol consumption and would complement the existing retail and service uses in the plaza.

Zoning Consistency
Pursuant to the Cudahy Municipal Code (“CMC”) Section 20.28.020 (Table 20.28-1) restaurants are permitted by right in the Civic Mixed-Use zone and pursuant to CMC Section 20.52.070 restaurants with alcoholic beverages and services are permitted subject to a conditional use permit approved by both the Planning Commission and City Council. The Project is proposing the on-site sale of beer and wine for the proposed restaurant and bar, Epic Wings. The new restaurant would feature a full menu including wings, fries, and salads (Attachment D – Restaurant Menu). The on-site sale of beer and wine is a typical operation for Epic Wings restaurants and would be consistent with the California Department of Alcohol Beverage Control (“ABC”) “Type 41” alcohol license which authorizes the sale of alcohol for bona fide eating places.

Additionally, CMC Section 20.52.070 imposes certain regulations for any business engaged in alcoholic beverages. These regulations are detailed within Table 2 below with a determination if the project meets the standard.

TABLE 2 – ALCOHOLIC BEVERAGES AND SERVICES REGULATIONS

REGULATIONS MET BY PROJECT
CMC Section 20.52.070(A)
Distance Requirements. Unless otherwise
stated herein, businesses selling alcoholic
beverages for off-site or on-site consumption
shall be located a minimum distance of 500
feet from any religious institution, school, or
other public playground.

Yes. A third-party 500-foot radius map was
prepared to verify and show the Project Site is
not located within 500 feet of any religious
institution, school, or other public playground
(Attachment D)
The nearest religious institution to the Project
Site, Full Gospel Assembly of God located at
4655 Clara Street, is located over 1,000 feet
from the proposed use. The nearest school
and public playground from the project site,

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Elizabeth Learning Center, located at 4811
Elizabeth Street is located over 500 feet from
the proposed use.

City staff acknowledges the proximity to a
business, “Options for Youth,” which offers
classes to youth and other independent study
and night classes. Pursuant to CMC Section

20.04.080, where uncertainty exists regarding
the interpretation of any provision of the
zoning code, the Community Development
Director (Director) shall have the authority to
interpret the intent of any provision.

Therefore, the Director has determined
Options for Youth is not defined as a school,
but rather a tutoring and educational center,
which is not a sensitive receptor under this
requirement.

CMC Section 20.52.070(B)
Distance from Other Establishments.

Businesses selling alcoholic beverages for offsite consumption shall not be located within 1,000 feet of any other establishment selling
and serving alcoholic beverages for off-site
consumption.

Not applicable. This regulation only applies to
businesses selling alcoholic beverages for offsite consumption. This Project proposes onsite consumption.

CMC Section 20.52.070(C)
Other Businesses on Same Parcel. Businesses
selling alcoholic beverages for off-site and onsite consumption shall not be located on the same parcel or lot as a pool hall, cyber cafe,
arcade, or massage establishment (primary
use), movie theater, bowling alley, or retail
store, except that such businesses selling
alcoholic beverages may be located on the
same parcel as a movie theater, bowling alley,
or retail store in the Entertainment Zone.

Yes. There are no pool halls, cybercafé,
arcades, massage establishments, movie
theaters, or bowling alleys located in the same
parcel as the proposed Project. Retail stores
are not defined in CMC Section 20.88
(Definitions) and the only references to retail
stores are for a “Sexually Oriented Retail
store” and “Liquor store.”
City staff reviewed the definitions which
include references to “retail store” with
respect to the alcohol regulations and it can
be determined that the intent of the
regulation is to prohibit businesses selling
alcohol on the same parcel as uses that may
raise safety concerns such as a pool hall,
massage establishment, sexually oriented

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retail stores, and is not meant to prohibit
selling alcohol on the same parcel as less
sensitive retail uses such as clothing stores.

Pursuant to Section 20.04.080 (Interpretation
of the Zoning Code) of the CMC, where
uncertainty exists regarding the
interpretation of any provision of the zoning
code, the Community Development Director
(Director) shall have the authority to interpret
the intent of any provision. Therefore, the
Director has determined the existing retail
services in the commercial plaza are not
“retail stores” but rather “retail uses” and that
the proposed alcohol use meets this
requirement.

CMC Section 20.52.070(D)
Expansion. Any expansion of the use; a change
in Alcoholic Beverage Control Board license
status, from an off-sale to on-sale, or from one
type of on-sale to off-sale license to another
type of on-sale or off-sale license; or any
transfer of the license issued by the Alcoholic
Beverage Control Board shall not be
permitted unless a conditional use permit is
first obtained pursuant to the provisions of
Chapter 20.84 CMC, Part 5.

Yes. This regulation has been included as a
condition of approval, # 13.

CMC Section 20.52.070(E)
Minimum Building Size. On-site consumption
of alcoholic beverages as a primary use shall
not be permitted unless the building has a
minimum floor area of 3,000 square feet, not
including restaurants.

Not applicable. The regulation does not apply
to the proposed Project since the on-site
consumption of alcoholic beverages is not
their primary use. The primary use is a
restaurant with ancillary sales of beer and
wine.

Further, CMC Sections 20.52.080(A) through 20.52.080(D) require certain conditions of approval to be imposed as part of the approval of the conditional use permit. As such, City staff has added conditions #5, 17, 6, to address maximum sales, law enforcement problems, and financial statements (Attachment B).

Lastly, the Project was reviewed by various departments, including the Los Angeles Sherriff Department. The Project as conditioned is not anticipated to negatively affect the health and safety of the surrounding neighborhood.

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ABC COMPLIANCE
As mentioned, the Applicant is applying for a Type 41 alcohol license which is issued by ABC to restaurants. The Applicant must operate and maintain the licensed premises as a bona fide eating place, maintain suitable kitchen facilities, and make actual and substantial sales of meals to allow and continue the consumption of alcohol on the premises. As proposed the Project would be compliant with the ABC requirements for a Type 41 license. The Applicant is responsible for obtaining a license with ABC which may result in the Applicant applying for a PCN.

PUBLIC NOTICE AND COMMENTS
The Project was noticed in accordance with the City’s public noticing requirements, which involved mailed notices sent to property owners and tenants within 300 feet of the Project site.

The public notice was distributed in both Spanish and English and is provided as Attachment E.

ENVIRONMENTAL ASSESSMENT
The Project has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City. The Project is categorically exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines Section 15301 (Class 1). The Class 1 exemption (Existing Facilities) is applicable to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, involving negligible or no expansion of existing or former use. The Project involves the licensing of an alcohol license for the on-site sale of beer and wine.

The Project would also not expand the existing building footprint and would only improve the site through tenant improvement. Therefore, the Project is categorically exempt from the provisions under CEQA. The draft Notice of Exemption is Attachment F.

CONCLUSION
For the reasons discussed above and the information attached to this report, the Project would conform with all the requirements of the General Plan and the provisions of the CMC. The proposed recommendation would not have an adverse effect on the public, health, safety, or general welfare. Therefore, City staff recommends the Planning Commission to adopt a Resolution recommending the City Council approve Conditional Use Permit No. 2024-01 to allow the on-site consumption of beer and wine (ABC Type “41” alcohol license) at a new restaurant (Epic Wings).

ATTACHMENTS
A. Draft Resolution
B. Draft Conditions of Approval
C. Project Plans
D. Conditional Use Permit 2024-01: Application and Business Operations E. Public Hearing Notice

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F. Draft Notice of Exemption

Attachment G Page 151 of 430

Blank Page

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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
Prepared by: Cecilia Madrigal-Gonzalez, Senior Planner
Concurrence: Juan Arauz, AICP, Community Development Director Subject: Adoption by First Reading of Ordinance No. 743 approving Municipal Code Text Amendment No. 2024-04 to amend Chapter 9.08 (Alcoholic Beverages) of Title 9 (Public Peace, Morals and Welfare) of the Cudahy Municipal Code

RECOMMENDATION
Staff recommends that the City Council take the following actions:

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

2. Adopt by first reading Ordinance No. 743 (Attachment A) of the City Council of the City of Cudahy, California, approving Municipal Code Text Amendment No. 2024-04 amending Chapter 9.08 (Alcoholic Beverages) of Title 9 (Public Peace, Morals and Welfare) of the Cudahy Municipal Code; and

3. Schedule a second reading of Ordinance No. 743 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
The Cudahy Municipal Code (“CMC”) requires periodic updates to ensure consistency between the City of Cudahy (“City”) policies, provide clarity, and reflect current trends. As such, the City staff has identified provisions in the CMC that need to be amended.

Currently, CMC Section 9.08.010 prohibits alcohol consumption on “any public street, Item Number
13B

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alleyway, sidewalk, parkway, or in any public building, public park, public lavatory, auto park, lobby, or entrance to any building within the City.” This restriction does not allow for any exceptions, even if the event is city-hosted or sponsored. This restriction limits the ability to offer alcoholic beverages for events such as the State of the City which are hosted in city facilities. Additionally, the restriction does not allow the City to offer a wider range of citysponsored or hosted events that cater to an adult demographic such as a beer garden and paint-and-wine nights to name a few. This amendment is proposed to allow the City the ability to offer alcohol for city-sponsored or hosted events and proposed to adopt similar conditions and restrictions as CMC Section 20.52.120 (Temporary use permit for consumption of alcohol) which lists certain restrictive conditions including limited hours, prohibition of dancing, and location restrictions.

To provide flexibility while complying with protecting public health, safety, and general welfare, City staff is recommending Municipal Code Text Amendment No. 2024-04 which would adopt similar conditions from those found in CMC Section 20.52.120 for alcoholic beverage consumption in public facilities or parks for city-sponsored or hosted events only.

On October 23, 2023, and November 20, 2023, City staff presented the proposed code amendments as a discussion item to the Planning Commission for review and consideration.

The Planning Commission directed City staff to proceed with the code amendment, and on February 29, 2024, the Planning Commission adopted Planning Commission Resolution No. 2024-10 (Attachment B) recommending the City Council to approve Municipal Code Text Amendment No. 2024-04.

DISCUSSION/ANALYSIS
This Municipal Code Text Amendment No. 2024-04 is summarized in Table 1 below. The redlines associated with these amendments, which show deletions in strikethrough and additions in underlines, can be found in Exhibit A of the draft resolution (Attachment C).

TABLE 1 – SUMMARY OF PROPOSED AMENDMENTS
Section Discussion

9.08.010 New Section Added
Add in an exemption for the consumption of alcohol in public buildings or public parks for events sponsored or hosted by the City.

Additionally, the events shall adhere to the restrictions as detailed below with written approval by the City Manager.
• Non-alcoholic beverages and water must be available at the event.

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• Alcohol beverages may be sold or served on the following days and times:
o 9:00 am to 10:00 pm from Sunday through Thursday.
o 9:00 am to 11:00 pm on Friday and Saturday, and for
any federal, state, or city-designated holiday. Regardless of whether the event coincides with the holiday date,
these hours still apply.
• All alcoholic beverages must be consumed within a clearly marked dedicated area and wristbands given to those 21 years or age and over.
• A detailed security plan approved by the Sheriff’s Department is on file.
• The Sheriff’s Department has the power to determine if the presence of a doorman and/or security personnel is required. • Approval from the State Department of Alcoholic Beverage Control.

ENVIRONMENTAL REVIEW
The proposed 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 because the proposed amendment is intended to amend the municipal code.

PUBLIC NOTICE AND COMMENTS
Municipal Code Text Amendment No. 2024-04 was noticed in accordance with the City’s public notice requirements, which involved publication in the local paper as provided in Attachment D. As of the writing of this report, staff has not received public comments.

FISCAL IMPACT
The Fiscal Year 2023-24 Adopted Budget included the cost for required legal publication and codification of the ordinance. As such, there is no financial impact.

STRATEGIC PLAN CORRELATION

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Not applicable.

CONCLUSION
City staff recommends the approval of this request, for the reasons outlined in the draft ordinance, which in summary are to modernize the CMC to reflect good practices and recent trends.

ATTACHMENTS
A. Draft Ordinance No. 743
B. Planning Commission Resolution No. 2024-08
C. Redlines
D. Newspaper Publication

ORDINANCE NO. 743

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF CUDAHY, CALIFORNIA ADOPTING MUNICIPAL
CODE TEXT AMENDMENT NO. 2024-04 AMENDING
CHAPTER 9.08 (ALCOHOLIC BEVERAGES) OF TITLE 9
(PUBLIC PEACE, MORALS AND WELFARE) 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 intends to allow alcohol consumption in public buildings and public parks for City sponsored or hosted special events, subject to conditions as provided in Cudahy Municipal Code (“CMC) and with the written approval of the City Manager; and
WHEREAS, on February 26, 2024, the Planning Commission 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 Planning Commission Resolution No. 2024-10 recommending the City Council on a 4-0 vote to approval Municipal Code Text Amendment No. 2024-04 amending various sections of CMC Chapter 9.08 (Alcoholic Beverages) of Title 9 (Public Peace, Morals and Welfare) to the City Council of the City of Cudahy (“City Council”); 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 approved Municipal Code Text Amendment No. 2024-04 amending various sections of CMC Chapter 9.08 (Alcoholic Beverages) of Title 9 (Public Pease, Morals and Welfare) to the City Council; and
WHEREAS, on May 21, 2024, the City Council adopted Ordinance No. 743 amending the CMC.

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

Section 1. The facts set forth in the recitals above are true and correct and incorporated herein by reference.

Attachment A Page 159 of 430
Ordinance No. 743

Section 2. Section 9.08.010 (Drinking in public places) is hereby amended to read as follows:

A. No person shall consume any malt, spirituous or vinous liquor containing more than one-half of one percent of alcohol, by volume, while he is upon any public street, alleyway, sidewalk or parkway, or in any public building, public park, public lavatory, auto park, or lobby or entranceway to any building within the city.

A violation of this section shall be an infraction and, upon a conviction thereof, shall be punishable by a fine of $65.00 per offense, plus assessment fees to be determined by the court.

B. Exceptions. Alcohol consumption may occur at any public building or public park in conjunction with a city-sponsored or hosted special event, with the written approval of the City Manager and subject to the following conditions:

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

2. Alcohol beverages may be sold or served on the following days and times:
i. 9:00 am to 10:00 pm from Sunday through Thursday.
ii. 9:00 am to 11:00 pm on Friday and Saturday, and for any federal, state, city-designated holiday. Regardless of whether the event coincides with the holiday date, these hours still apply.

3. All alcoholic beverage sales shall end a minimum of thirty (30) minutes before the scheduled event ends.

4. All alcoholic beverages must be consumed within a marked designated area and wristbands shall be given to attendees twenty-one (21) years of age and older.

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

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

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

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

Ordinance No. 743

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 this ______ day of ______ 2024.
________________________________
Jose R. Gonzalez
Mayor
ATTEST:
_________________________________
Richard Iglesias
City Clerk

Ordinance No. 743

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

Municipal Code Text Amendment No. 2024-04 (Alcohol Consumption in Public Places) Redlines
The proposed language modifications area is shown below as strikethrough deletions and underline font additions.

1. Section 9.08.010 (Drinking in public places) of Article I (Alcohol Beverages) of Chapter

9.08 (Alcoholic Beverages) of Title 9 (Public Peace, Morals and Welfare) is amended to include the following additions, deletions, and modifications:

A. No person shall consume any malt, spirituous or vinous liquor containing more than one-half of one percent of alcohol, by volume, while he is upon any public street, alleyway, sidewalk or parkway, or in any public building, public park, public lavatory, auto park, or lobby or entranceway to any building within the city.

A violation of this section shall be an infraction and, upon a conviction thereof, shall be punishable by a fine of $65.00 per offense, plus assessment fees to be determined by the court.

B. Exceptions. Alcohol consumption may occur at any public building or public park in conjunction with a city-sponsored or hosted special event, with the written approval of the City Manager and subject to the following conditions:

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

2. Alcohol beverages may be sold or served on the following days and times:
i. 9:00 am to 10:00 pm from Sunday through Thursday.
ii. 9:00 am to 11:00 pm on Friday and Saturday, and for any federal, state, or city-designated holiday. Regardless of whether the event coincides with the holiday date, these hours still apply.

3. All alcoholic beverage sales shall end a minimum of thirty (30) minutes before the scheduled event ends.

4. All alcoholic beverages must be consumed within a marked designated area and wristbands shall be given to attendees twenty-one (21) years of age and older.

Attachment C Page 167 of 430

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

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

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

Attachment D Page 169 of 430
Blank Page

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STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor and Councilmembers
From: Alfonso Noyola, City Manager
From: Juan Arauz, AICP, Community Development Director
Prepared by: Cecilia Madrigal-Gonzalez, Senior Planner
Subject: Adopt by first reading Ordinance No. 744 of the City Council of the City of Cudahy approving Zoning Code Text Amendment (“ZTA”) No. 2024-01 to amend Chapters 20.16, 20.20, 20.24, 20.28, 20.30, 20.52, 20.56, 20.64, 20.84, and 20.88 of Title 20 (Zoning Code) of the Cudahy Municipal Code (“CMC”)

RECOMMENDATION
Staff recommends that the City Council take the following actions:

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

2. Adopt by first reading Ordinance No. 744 (Attachment A) of the City of Cudahy, California, recommending the City Council to approve Zoning Code Text Amendment No. 2024-01 amending Title 20 (Zoning Code), Chapters 20.16, 20.20, 20.24, 20.28,

20.30, 20.52, 20.56, 20.64, 20.84 and 20.88 of the CMC; and

3. Schedule the second reading of Ordinance No. 744 at the next regularly scheduled meeting on June 4, 2024; and

4. Find the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3).

BACKGROUND
The Cudahy Municipal Code (“CMC”) requires periodic updates to ensure consistency between City policies and State law, to improve clarity, and to reflect current development trends. As such, the City staff has identified several provisions in the CMC that need to be amended. These amendments would be reflective of best planning practices and recent policy actions and Item Number
13C

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achieve consistency with recent State laws including implementation of the City’s 6th Cycle Housing Element Goals and Programs (Attachment B).

At the October 23, 2023, and November 20, 2023, Planning Commission meetings, City staff presented a list of proposed code updates for discussion and feedback from the Planning Commission. City staff received positive feedback and on February 26, 2024, the Planning Commission adopted Planning Commission Resolution No. 2024-09 recommending the City Council adopt Zoning Code Text Amendment No. 2024-01 (Attachment C) on a 4-0 vote. Since the recommendation of the Planning Commission, City staff have further revised the proposed updates to address grammatical errors and clarify inconsistencies.

DISCUSSION/ANALYSIS
The proposed amendments can be categorized into the following: 1) housing element program zoning code updates, 2) off-street parking methods, 3) temporary use permit alcohol sale and consumption, 4) minor deviation review, and 5) review of land uses. Further, City staff has prepared an amendment summary table for all proposed amendments which can be found in Attachment D.

Amendment #1: Housing Element Program Zoning Code Updates Per State law, Programs #3 (Accessory Dwelling Units), #10 (Development Standards to Allow Uses), #11 (Emergency Transitional and Supportive Housing), #24 (Low Barrier Navigation Centers, #25 (Single Room Occupancy Units), #26 (State Density Bonus Law) and #27 (Zoning Code Review) require the City to review and amend the CMC to promote and expedite housing production. As such, City staff and the City’s Consultants, the Arroyo Group, (“TAG”), whom assisted the City with the 6th Cycle Housing Element, have prepared this amendment to the City’s Zoning Code:
o Accessory Dwelling Units (Program #4). Accessory dwelling units (also known as second units “granny” flats or ADUs) are complete independent housing units that can be either detached or attached from an existing single-family or multi-family residence. In response to updates in State legislation regarding ADUs, the Cudahy City Council adopted Ordinance No. 690 implementing ADU provisions from State law in 2018. Since 2018, the State has revised ADU provisions several times, most recently in 2022. Currently, City staff utilize the State ADU Law, but cities are allowed to adopt a local ADU ordinance, in compliance with statutory requirements. As such, the City’s 6th Cycle Housing Element Program #4 requires the City to review and update the City’s ADU regulations to comply with the State law provisions.

Proposed Amendments: Relocate the existing ADU found in Chapter 20.16 into a new part, Part 20 in Chapter 20.52 (Standards for Specific Land Uses). The amendment would also include the following revisions to comply with State law:

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• Add a definition of “accessory dwelling units”; and
• Add a definition of “efficiency kitchen”; and
• Eliminate the owner occupancy requirements for ADUs; and • Allow separate conveyance/sale of regular ADUs if it meets affordability and tenancy criteria set in California Government Code Section 65852.26; and • Add objective design standards for new construction ADUs including adding definitions for “accent color” and “base color;” and
• Clarify ADUs are not part of density calculation; and • Remove the minor development review permit requirements for ADUs and permit ADUs as by-right land use in all zones where single- and multi-family are permitted including LDR, MDR, HDR, CMU, Civic-MU zones; and
• Increase the height of certain detached ADUs from 16 feet to 18 feet and attached ADUs to 25 feet. Allow a higher height if the ADU is proposed on top of a garage, not to exceed 28 feet; and
• Define and clarify the maximum permitted number of ADUs for multi-family and single-family properties; and
• Clarify the definition of multi-family properties as properties with two (2) or more attached dwellings; and
• Add a minimum and maximum size for all ADU types; and • Adds a provision that allows applicants to request to deviate from the objective design/development standards through a new process, Accessory Dwelling Unit Design Variance; and
• Clarifies the zoning clearance, building permit, and demolition permit shall either be approved or denied within 60 days.
o Development Standards to Allow Uses (Program #10), Emergency, Transitional and Supportive Housing (Program #11), Low Barrier Navigation Centers (Program #24) and Single-Room Occupancy Units (Program #25). Per the State law, the 6th Cycle Housing Element Program #10, 11, 24 and 25 require the City to amend the Code for consistency with State law regarding emergency transitional supportive housing and supportive housing, low barrier centers, and single-room occupancy. As such, the amendment would include the following revisions to comply with State law:

Proposed Amendments:
• Emergency, Transitional, and Supportive Housing. The Zoning Code presently allows five land uses associated with providing temporary lodging for unhoused persons and families; “emergency shelter,” “transitional housing, housing type,” “transitional housing, residential care facility large type,” and “transitional housing, residential care facility small type.” State law requires supportive housing to be permitted in

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multifamily and mixed-use zones. To comply with the provisions, the City staff is recommending the following summarized amendments:
o Revise parking standards for emergency shelters by reducing the number of parking spaces from 1 space per 5 beds to 2 spaces plus 1 space for each 50 beds, which is no greater than necessary to accommodate staff; and o Allow emergency, transitional, and supportive housing as a conditional use in the Neighborhood Commercial (NC) and Innovative Industrial (I-IND) zones, permitted by right in the Entertainment (Ent) zone, and prohibited in the Light Industrial (LI) zone.
• Single-room occupancy. A single-room occupancy are a form of housing that is typically aimed at residents with lower-income individuals, who rent small furnished single rooms while sharing a kitchen and restroom facilities with other individuals.

Program #25 requires the City to review and amend the CMC to allow single-room occupancy units within residential zones. To comply with the provisions, the City staff is recommending the following summarized amendments:
o Define single-room occupancy as a dwelling unit with a minimum floor area of 200 square feet with a kitchen and bathroom facility.
o Allow single-room-occupancy by right in the Commercial Mixed-Use (CMU), Civic-Mixed Use (Civic-MU), High-Density Residential (HDR), Entertainment (Ent), and Innovative Industrial (I-Ind) and prohibited in the Neighborhood Commercial (NC) and Light Industrial (LI) zones.
• Low Barrier Navigation Centers. A "Low Barrier Navigation Center" is a service 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 “Low Barrier” means best practices to reduce barriers to entry such as allowing pets; storage of possessions; and privacy. The Zoning Code does not presently define low-barrier navigation centers nor specify appropriate zones and operational standards. Per State law, low-barrier navigation centers would be permitted in all mixed-use zones as well as commercial zones that permit multifamily uses. To comply with the provisions, the City staff is recommending the following summarized amendments:
o Allow low barrier navigation centers as by right in the Entertainment (Ent), Commercial Mixed-Use (CMU) and Civic-Mixed Use (Civic-MU), conditionally permitted in the Neighborhood Commercial (NC) and Innovative Industrial (IIND) zones and prohibited in the Light Industrial (LI) zone.

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o Expand the existing use management, operations, and off-street parking regulations for emergency shelters in CMC Chapter 20.52, Part 8, and apply them to low-barrier navigation centers.
o State Density Bonus Law (Program #26). As part of the 6th Cycle Housing Element, the following changes are necessary to comply with State Density Bonus Law.

Proposed Amendments
• Add a new part, Part 19 related to compliance with replacement housing for density bonus applications; and
• Address inconsistencies in income requirements based on for-sale or rental units; and • Clarifies inclusionary concessions are in addition to density bonus concessions; and • Revises method of fractional units which shall be rounded up to the next whole number; and
• Adds a required base density study to be conducted in the Entertainment zone to establish density; and
• Revise the current “yard” concession up to 20 percent to “side yard setback” allowed deviation; and
• Add distance between buildings as a menu concession for density bonus; and • Revise both the “common open space” and “private open space” to “open space” to address zoning code changes from Housing Element Program #27; and • Add “minimum unit size” as a menu concession for density bonus projects to be reduced by a maximum of 100 sq. ft.; and
• Add “minimum nonresidential area” as a menu concession for a density bonus to waive the required minimum floor area in a mixed-use development; and • Remove “fee” concessions; and
• Clarify the off-menu concessions are not discretionary approvals subject to approval of the Planning Commission; and
• Remove the CUP required for a density bonus greater than 35-percent; and • Clarify discretionary approvals for density bonus are only required if greater than state density bonus law (50-percent); and
• Establish an off-menu concession permit process; and
• Address other language inconsistencies and clean up.
o Zoning Code Review (Program #27). As part of the 6th Cycle Housing Element, the following Zoning Code changes and incentives were committed to encourage appropriate development, expedite housing production and remove constraints to housing production.

As such, City staff is recommending the following amendments as summarized below:

Proposed Amendments
• Permit residential care facilities with seven (7) or more persons by right in all zones

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where residential is permitted or conditionally permitted (LDR, MDR, HDR, NC, Ent, CMU, Civic MU, zones); and
• Change the definition of “Family” as follows: 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.
• Eliminate the 15 dwelling units per acre limit on sites that are less than half an acre. • Increase the FAR limit to 1.5 in the CMU zone.
• Eliminate the 11 dwelling units/acre limit on site that are less than half an acre in the MDR zone; and
• Eliminate the one-acre minimum for mixed-use projects. • Eliminate the 15 feet by 15 feet required private open space for ownership projects. • Count the fire turnaround within the open space area, and it would be allowed to be non-concrete/asphalt material. However, for the fire turnaround to count as open space, the area must be developed and maintained with hardscaping, and it must be free of any obstructions such as BBQ grills, swing sets, etc. • Allow permeable, porous materials in the driveway right of way. • Reduce the private open space from 150 sq. ft. to 100 sq. ft. in the MDR zone, 200 sq. ft. to 100 sq. ft. in the HDR and 250 sq. ft. to 100 sq. ft. in the LDR zone. In all zones, require a total of 280 sq. ft. of total open space consisting of common and private space.
• Add total open space area minimum of 280 sq. ft. and private open space minimum of 100 sq. ft. in the Entertainment zone; and
• Add a definition for “total open space”
• Allow buildings that are two stories or higher to have balconies projecting into the side setback of approximately 3 feet, leaving a minimum balcony setback from the side property line of 4 feet.
• Reduce guest parking to 0.25 spaces per unit and eliminate enclosure requirements for parking.
• Remove the multiple dwelling restriction in the MDR zone. • Remove the development agreement requirement for new development in the HDR and Mixed-Use zones.
• Remove the CUP requirement for multifamily development in the LDR zone. • Increase the number of units that trigger Planning Commission development review from 3 units to 5 units.
• Classify development review by the Director of Community Development as a ministerial process.
• Update the zoning code to specify what party is responsible for making the CEQA determinations.
• Specify what party is responsible for making the California Environmental Quality Act (CEQA) determination of Public Resource Code § 21080.1 and specify that the decision will be made within the timeframe permitted.
• Increase the building length maximum in the MDR and HDR zones from 125 feet to

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175 feet.
• Add architectural design, form, and material standards for all residential zones; and • Allow open space to include exercise areas (gyms) to be indoors. • Remove the development agreement requirement for new development in the Commercial Mixed Use, Civic Mixed Use, and Entertainment zone.

Amendment #2: Off-street Parking Methods.

City staff has evaluated existing CMC off-street parking methods for residential dwellings to allow flexibility to provide maximize off-street parking. Currently, single-family and multi-family dwellings must either provide all or a portion of their minimum off-street parking spaces through an enclosed garage as shown in Table 1 below:

Table 1 – Current CMC Off-street Parking Spaces for residential dwellings Dwelling Type Minimum Number of Spaces Requires
Single-Family Detached and Duplex 2 garage spaces/dwelling unit, plus 1 additional garage or surface space where
dwelling unit contains 5 or more bedrooms
Multifamily Units with Three or More
Bedrooms
2 spaces/dwelling unit, at least 1 space in a
garage
Multifamily Units with One or Two Bedrooms 1.5 spaces/dwelling unit, at least 1 space in a garage
Efficiency Apartments (studio)/ Senior
Housing
1 space/dwelling unit
Guest Parking For all but single-family detached dwellings and senior housing, guest parking shall be
provided at 0.5 space/dwelling unit for
multifamily units with 1 or more bedrooms,
and 0.5 space/dwelling unit for efficiency
apartments.

Historically, garages are used as storage spaces and thus ineffective in providing adequate offstreet parking, or in other cases converted into ADUs. In both cases, the City’s Street parking supply is adversely impacted. City staff recommends the following amendments to the methods for residential off-street parking methods:

Proposed Amendments: Chapter 20.64.040 would be revised to reflect the following changes:
• Include striped open-air parking as an acceptable method of providing off-street parking for residential dwelling.
• Include parking lifts as an acceptable method of off-street parking for residential dwellings.

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• Allow guest parking for residential uses to be provided separate and secure from the on-site public parking.

Amendment #3: Temporary Use Permit Alcohol Sales and Consumption.

Currently, the CMC allows for the sale of alcohol with a temporary use permit under certain restrictions which can be found in CMC Section 20.52.120 (Temporary use permit for consumption of alcohol). This amendment would relocate the section to the temporary use permit (“TUP”) chapter, which is found in Part 4 of Chapter 20.84. Additionally, City staff has reviewed the existing TUP requirements for alcohol consumption and recommends the following amendments:

Proposed Amendments:
• Remove the no dancing provision.
• Revise the hours when alcoholic beverages can be sold or served beginning at 9:00 a.m. to 10:00 p.m. from Sunday through Thursday and 9:00 a.m. to 11:00 p.m. on Friday, and Saturday. Regardless of alcohol beverages hours, all alcohol sales shall end a minimum of thirty minutes before the scheduled event ends.
• Require a detailed security plan to be approved on file with the Sheriff’s Department. • Require approval of the State Department of Alcoholic Beverage control.

Amendment #4: Minor Deviation Review.

City staff has identified the lack of an administrative process for obtaining a minor deviation from development standards such as building height, sign area, and setbacks, to name a few.

This practice is common and widely adopted by cities to streamline such requests, which would otherwise require a variance and a public hearing at the Planning Commission. Most commonly, a deviation may be necessary due to the physical characteristics of the property or there are no alternatives to the requested deviation that could provide an equivalent level of benefit to the property owner. As such, City staff recommends the following amendments:

Proposed Amendments:
• Amend Part 5 of Chapter 20.84 to add “Minor Deviation,” including an intent and purpose.
• Set a threshold of a maximum of 10 percent of the requested standards to be modified. • Eligible development standards include landscape area, building setbacks, building height, wall/fence height, lot coverage, sign area, distance between structures and parcel dimensions and area, subject to compliance with all applicable building and fire codes.
• Add findings and decisions for a minor deviation.
• Set a maximum of one deviation per parcel.

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Amendment #5: Review of land uses.

The Zoning Code includes permitted, conditionally permitted, and prohibited land uses, based on standards established for residential, commercial/industrial, and mixed-use zoning districts.

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. However, City staff has identified various land uses that should be amended to remove constraints to uses that conform with the underlying zone purpose and intent, as follows:

Proposed Amendments:
• Remove the CUP requirement for the following uses in the Neighborhood Commercial (NC) zone:
o Financial institutions; and
o Restaurants; and
o Outdoor dining; and
o Grocery stores; and
o Plant nursery; and
o Recreational equipment sales and rentals; and
o Personal services, convenience and improvement.
• Remove the CUP requirement for the following uses in the Entertainment zone:
o Retail sales; and
o Personal services, convenience, and improvement.
• Remove the CUP requirements for the following uses in the Commercial Mixed-Use zone:
o Grocery stores; and
o Pet stores, inclusive of grooming services; and
o Recreational equipment sales and rentals; and
• Allow city-operated government buildings, structures, office, and service facilities including maintenance yards and public libraries in the City Parks/Parklets/School zone. • Remove the City Council Conditional Use Permit approval for off- and on-site alcohol consumption in all commercial and mixed-use zones. Further, remove the City Council annual compliance required and instead allow the Community Development Director to conduct the reviews.

The redlines associated with all amendments, which show deletions in strikethrough and additions in underlines, can be found in Attachment E.

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GENERAL PLAN CONSISTENCY
Pursuant to CMC Section 20.84.510, any amendments to the General Plan, Zoning Code Text, and Zoning Map must comply with the required findings before adoption. The amendments proposed by ZOTA No. 2024-01 are consistent with the 2040 General Plan as aim to implement the 6th Cycle Housing Element program numbers 3, 10, 11, 24, 25, 26, and 27, amend methods for off-street parking standards, revise temporary use permit requirements relating to alcohol, establish a new administrative review procedure for minor deviations for certain development standards, revise certain land uses and clarify certain zoning ordinance provisions and address for internal inconsistency. Furthermore, the proposed amendments address inconsistencies with State law and bring the City into compliance. Additionally, the proposed amendments are consistent with the General Plan Goals LU-5.6, LU-6, LU-6.6, LU 9.1 as they provide more flexible accessory dwelling unit regulations and policies, supports policies that facilitate and incentivize the development of affordable housing and bonus programs, strengthen neighborhood identity with new development that is architecturally compatible with surrounding structures, accommodates a range of land uses to meet the economic, environmental and social needs of Cudahy’s residents and businesses. Lastly, the proposed amendments fulfill implementation objectives for Programs 1, Program 3 and Program 4 as it amends the Zoning Code, examine the current project review process to ensure expeditious and efficient timing, and update the accessory dwelling unit development standards in compliance with State law.

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.

CONCLUSION
City staff recommends the approval of this request, for the reasons outlined in the draft ordinance, which in summary are to modernize the CMC to reflect good practices and recent trends.

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 F. As of the writing of this report, staff has not received public comments.

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ATTACHMENTS
A. Draft Ordinance No. 744
B. City’s 6th Cycle Housing Element Goals and Programs
C. Planning Commission Resolution No. 2024-09
D. Summary Table
E. Exhibit A of Draft Ordinance No. 744 - Redlines
F. Newspaper Publication

ORDINANCE NO. 744

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA ADOPTING ZONING CODE TEXT
AMENDMENT NO. 2024-01 AMENDING CHAPTERS 20.16,

20.20, 20.24, 20.28, 20.30, 20.52, 20.56, 20.64, 20.84 AND

20.88 OF TITLE 20 (ZONING) 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) is proposing a comprehensive zoning ordinance text amendment (“ZOTA”) update to Title 20 (Zoning) of the Cudahy Municipal Code (“CMC”), to achieve the following: (1) implement the 6th Cycle Housing Element program numbers 3, 10, 11, 24, 25, 26 and 27; (2) amend methods for off-street parking standards; (3) revise temporary use permit requirements relating to alcohol; (4) establish a new administrative review procedure for minor deviations for certain development standards; (5) revise certain land uses; and (6) clarify certain zoning ordinance provisions and address for internal inconsistency; and
WHEREAS, the proposed ZOTA addresses existing inconsistencies with State law, bringing the City into compliance; and
WHEREAS, the ZOTA is consistent with the 2040 General Plan and 6th Cycle Housing Element; and
WHEREAS, on February 26, 2024, the Planning Commission at a duly noticed public hearing 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 recommended approval ZOTA No. 2024-01 amending Chapters 20.16, 20.20, 20.24,

20.28, 20.30, 20.52, 20.56, 20.64, 20.84 and 20.88 of Title 20 (Zoning Code) in a 4-0 vote; and
WHEREAS, pursuant to Government Code §§ 65090 and 65091, this matter was duly noticed and posted for a public hearing held on February 26, 2024, at 6:30 P.M. consistent with the CMC procedures for a ZOTA application; 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. 744 amending the CMC; and
Attachment A Page 182 of 430
Ordinance No. 744

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.

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. California Environmental Quality Act. The proposed ZOTA has been assessed in accordance with the California Environmental Quality Act (CEQA) (Pub. Res.

Code § 21000 et seq.) and the CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and the City’s environmental regulations of the City. The proposed amendment to Title 20 of the CMC is categorically exempt from CEQA pursuant CEQA Guidelines Section 15061(b)(3) because the proposed amendments are intended to implement 6th Cycle Housing Element programs numbers 3, 10, 11, 24, 25, 26 and 27, amend methods for off-street parking standards, revise temporary use permit requirements relating to alcohol, establish a new administrative review procedure for minor deviations for certain development standards, revise certain land uses and clarify certain zoning ordinance provisions and address for internal inconsistency which have already been addressed in the Housing Element update. Therefore, it can be seen with certainty that the project would not have a significant effect on the environment.

SECTION 3. After considering the ZOTA on the basis for approval or denial as stated in Part 8 (Amendments to the General Plan, Zoning Code Text, and Zoning Map) of Section 20.84.510 of the CMC, the City Council finds as follows:

ZONING ORDINANCE TEXT AMENDMENT NO. 2024-01
A. Finding: The amendment is consistent with the goals, policies and objectives of the general plan.

Fact: The amendments proposed by ZOTA No. 2024-01 are consistent with the 2040 General Plan as it implements the General Plan by updating the existing Zoning Code to implement the 6th Cycle Housing Element program numbers 3, 10, 11, 24, 25, 26 and 27, amend methods for off-street parking standards, revise temporary use permit requirements relating to alcohol, establish a new administrative review procedure for minor deviations for certain development standards, revise certain land uses and clarify certain zoning ordinance provisions and address for internal inconsistency. Furthermore, the proposed amendments address inconsistencies with State law and bring the City into compliance. Additionally, the proposed amendments are consistent with the General Plan Goals LU-5.6, LU-6, LU-6.6, LU 9.1 as it provides more

Ordinance No. 744

flexible accessory dwelling unit regulations and policies, supports policies that facilitate and incentivize the development of affordable housing and bonus programs, strengthen neighborhood identity with new development that is architecturally compatible with surrounding structures, accommodates a range of land uses to meet the economic, environmental and social needs of Cudahy’s residents and businesses. Lastly, the proposed amendments fulfill implementation objectives for Programs 1, Program 3 and Program 4 as it amend the Zoning Code, examine the current project review process to ensure expeditious and efficient timing, and update the accessory dwelling unit development standards in compliance with State law.

B. Finding: The amendment will not adversely affect surrounding properties.

Fact: The proposed ZOTA does not involve any physical construction project that would adversely affect any surrounding properties. Any construction projects that may occur as a result of this ZOTA are required to adhere to standards in the CMC.

C. Finding: The amendment promotes public health, safety and general welfare.

Fact: The ZOTA intended to bring the City into compliance with State Law by implementing the 6th Cycle Housing Element programs to provide opportunities for additional locations for emergency shelters and low-barrier navigation centers, update the development standards for accessory dwelling units and amend the land use development standards to remove housing constraints and expedite housing production. Furthermore, the ZOTA will allow for additional methods of off-street parking for residential uses, permit alcohol sale and/or consumption with a temporary use permit and establish a new administrative procedure for minor deviations to certain development standards. For these reasons, the amendments will not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

D. Finding: The amendment serves the goals and purpose of the Zoning Code.

Fact: The ZOTA is consistent with the goals and purpose of the Zoning Code by assisting the implementation of the Cudahy General Plan and 6th Cycle Housing Element. The ZOTA will facilitate the arrangement of land uses, permit and promote the development of a full range of appropriate land uses, promote off-street parking spaces and update the development regulations for new development. For these reasons, the amendments will be consistent with the goals and purpose of the zoning code.

E. Finding: The ZOTA is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting, and siting criteria, for hazardous waste facilities.

Ordinance No. 744

Fact: The ZOTA does not propose any updates to the Zoning Code that will impede the implementation of the Los Angeles Hazardous Waste Management Plan.

SECTION 4. 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 5. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed considering that intent. To the extent the provisions of the CMC as recommended for amendment by this Ordinance are substantially the same as the provisions of that CMC 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 6. The City Council approves Ordinance No. 744, and as shown in Exhibit A attached hereto.

PASSED, APPROVED and ADOPTED by the City Council of the City of Cudahy this ______ day of ______ 2024.
______________________________
Jose Gonzalez
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk

Ordinance No. 744

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. 744 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

Ordinance No. 744

EXHIBIT “A”
ZOTA No. 2024-01 Code Amendment Summary Redlines

236
CITY OF CUDAHY 2021 HOUSING ELEMENT UPDATE
Table 7.1
2021-2029 Housing Element Programs and Quantified Objectives Program # Program Name/Objective Responsible Department Completion Date 1 Adequate Sites Community Development
• Prepare an annual monitoring report for vacant and
underutilized sites
Each year 2021-2029.
• Maintain an inventory of available sites for residential development
Each year 2021-2029.
• Evaluate residential development proposals for consistency with statutory requirements and the City’s General Plan goals and policies
Ongoing
2 Housing Information Community Development
• Creation of a residential database for vacant and
underutilized sites
2023
3 Accessory Dwelling Units Community Development
• Update ADU requirements in Zoning Code and update ADU Ordinance, to comply with State law.
2023
4 Replacement Housing Community Development 2024
• Update the Municipal Code to specify replacement housing requirements on nonvacant sites consistent with State law. 2024
5 Affordable Housing Incentives Community Development
• Outreach to development community Each year 2021-2029 • Technical assistance memo on State Density Bonus Law 2024 • One grant application to close funding gap for 4610 Santa Ana Street
2023
6 CDBG Information Community Development
• Provide information on programs and services to residents. Ongoing 7 At-Risk Housing Preservation Community Development
• Monitor the status of any HUD receipt/approval Notices of Intent and Plans of Action filled by property owners to convert to market-rate units.

Ongoing
• Notify all appropriate organizations and interested parties of the availability of property to ensure continued low-income housing.

Ongoing
8 Housing Maintenance and
Conservation
Community Development
• Renovate two properties per year. Each year 2021-2029 9 Hotel and Motel Resources Community Development
• Make 160 rooms available in local hotels which are adequate to serve the temporary housing needs of homeless individual in the area.

Each year 2021-2029
10 Development Standards to Allow
Uses
Community Development
• Amend the zoning code to allow the development,
maintenance, and improvement of Emergency Shelters,
Transitional Housing, and Supportive Housing.
2023
11 Emergency, Transitional and
Supportive Housing
Community Development
• Reduce parking standards for emergency shelters to
accommodate staff parking
2023
12 Neighborhood Preservation Community Development
• Develop objective design standards. 2025
13 Code Enforcement Community Development
• Continue code enforcement of nuisances such as inoperable vehicles, property maintenance, substandard units, and
illegal garage conversions.

Ongoing
14 Infrastructure Availability Community Development
Attachment B Page 188 of 430
237
CITY OF CUDAHY 2021 HOUSING ELEMENT UPDATE
• Establish a permit tracking program. 2024
• Construct at least one mile of bicycle lanes connecting to a future Metro station.
2027
• Establish specific procedures for water and sewer
connections.
2024
• Tract 180 Mutual Water Company to upsize water lines 2025 15 Public Participation Community Development
• City will notice at least two weeks prior to public hearings. Ongoing • Annual outreach to AFFH stakeholders. Each year 2023-2029 • Produce documents in English and Spanish. Ongoing
16 Fair Housing Community Development
• Annual fair housing press releases Each year 2021-2029 17 Food Distribution Community Development
• Continue the hot meals and food distribution programs once a month.

Ongoing
18 Homeless Assistance Community Development
• Maintain a list of local social services to use as referral sources for residents in need.

Ongoing
19 Disability Access Community Development
• Enforce the Americans with Disabilities Act Ongoing
20 Senior Program Resources Community Development
• Continue the use of the Senior Center as an information center for senior programs and resources.

Ongoing
21 Persons with Special Needs Community Development
• Provide regulatory incentives, such as expedited permit processing and fee waivers and deferrals, to projects
targeted for persons with special needs.
2024
• Work with the local Regional Center to implement an
outreach program informing families within the City of
housing and services available for persons with special needs.
2025
22 Consistency with General Plan Community Development
• Conduct an integral review as part of its General Plan implementation to achieve consistency with other General Plan elements, policies, programs, and community goals.

Each year 2021-2029
23 Housing Conditions Survey Community Development
• Complete Housing Conditions Survey. 2023
24 Low Barrier Navigation Centers Community Development • Review the City’s mixed use and non-residential zones that permit multifamily residential uses and amend the
permitted uses sections of the appropriate zone districts to include low barrier navigation centers.
2023
25 Single Room Occupancy Units Community Development
• Review and amend the Zoning Code to include single room occupancy units in the appropriate zones.
2023
26 State Density Bonus Law Community Development
Department
• Review the City’s density bonus standards and amend the Zoning Code as necessary to comply with State Density
Bonus Law.
2024
27 Zoning Code Review Community Development
• Several changes to the City’s zoning code, relating to complying with State law, updating development standards, and streamlining the City’s permit processes.
2023
28 Implementation of the Inclusionary
Housing Program
Community Development
• Monitor the effect of the Ordinance on housing production and report progress in the General Plan Implementation
Report.

Each year 2021-2029
29 Environmental Enhancements Community Development

238
CITY OF CUDAHY 2021 HOUSING ELEMENT UPDATE
• Provide land write-downs where possible to assist in the cleanup of contaminated sites.

Ongoing
• Identify funding sources and partners to install and help residents access air filters
• City will amend the municipal code and other regulations to require mitigation measures such as increased indoor air filtration to increase the protection of sensitive receptors near major emission sources.

Ongoing
End of 2026
30 Rent Control Ad Hoc Committee Community Development
• Study and recommendation to City Council from Ad-hoc
committee.
2023
31 First Time Homebuyers Community Development
• One training session in the City per year. Each year 2023-2029 • Identify local or external funding source for incentivizing homeownership.
2029
32 Economic Development Strategic
Plan and Transit Oriented
Development
Community Development
• Economic Development Strategic Plan 2023
• WSAB Cudahy Strategic Implementation Plan 2025
• One sidewalk improvement plan 2025
33 Surplus Land Act Compliance Community Development
• Choose developer for publicly owned parcel in Inventory 2024 • Entitle project on parcel by 2026. 2026
34 Promote Lot Consolidation of Site 25 Community Development • Meet with County leadership once a month until the
County and City reach an agreement to adjudicate the
disposition of Site 25 in a manner consistent with the
Surplus Land Act.

Each month 2023-2024.
35 Open Space Development Community Development
• Develop one new open space in Cudahy in the area of
highest need within the sixth cycle.
• Create cul-de-sacs at Olive and Elizabeth Streets at their intersections with Salt Lake Avenue to eliminate use of these residential streets as shortcuts to bypass arterials by the end of 2026.
• Completion of Parks Long Range Plan
2029
2026
2026
Source: City of Cudahy; Community Development Department 2022

Attachment C

Zoning Ordinance Text Amendment (ZOTA) No. 2024-01 Summary Exhibit A
Section #
Municipal Code
Chapter and/or
Sections
Description of the Amendments
AMENDMENT #1: HOUSING ELEMENT PROGRAM ZONING CODE UPDATES 1, 9, 14, 35,
39, 41, 53,
55, 56, 57,
61 20.16.020 (Table

20.16.1) –
Amended; and

20.16.100(A)
through Section

20.16.100(E) –
Repealed; and

20.28.20 (Table

20.28.1) –
Amended; and

20.52, Part 20 –
New Section; and

20.16.100(A)
through

20.16.100(E) –
Repealed; and

20.28.20 (Table

20.28-1) –
Amended; and

20.52 (Part 20) –
New section; and

20.84.020 (Table

20.84-1) –
Amended; and

20.84.180 (Table

20.84-2) –
Amended; and

20.84 (Part 11) –
New section; and

20.88.020 – New
definitions; and

20.88.030 – New
definition; and

20.88.200 – New
definition.

Housing Element Program #3: Accessory Dwelling Units: This amendment provided compliance with Program #3 of the Housing Element and various State laws including, but not limited to SB 897, AB 2221, AB 976, and AB 1033, which updated the State’s Accessory Dwelling Unit requirements. To comply with State law and implement Program #3 of the Housing Element the following amendments are proposed:
• Add a definition of “accessory dwelling units”; and
• Add a definition of “efficiency kitchen”; and
• Eliminate the owner occupancy requirements for ADUs; and • Allow separate conveyance/sale of regular ADUs if it meets affordability and tenancy criteria set in California Government Code Section 65852.26; and
• Add objective design standards for new construction ADUs including adding definitions for “accent color” and “base color;” and • Clarify ADUs are not part of density calculation; and • Remove the minor development review permit requirements for ADUs and permit ADUs as by-right land use in all zones where single- and multi-family are permitted including LDR, MDR, HDR, CMU, Civic-MU zones; and • Increase the height of certain detached ADUs from 16 feet to 18 feet and attached ADUs to 25 feet. Allow a maximum of 28 feet for ADUs built on top of garages to incentivize retaining parking spaces; and • Define and clarify the maximum permitted number of ADUs for multi-family and single-family properties; and
• Clarify the definition of multi-family properties as properties with two (2) or more attached dwellings; and
• Add a minimum and maximum size for all ADU types; and • Adds a provision that allows applicants to request to deviate from the objective design/development standards through a new process, Accessory Dwelling Unit Design Variance; and
• Clarifies the zoning clearance, building permit, and demolition permit shall either be approved or denied within 60 days.

In addition, the proposed amendment also includes relocating the ADU regulations as a new part, Part 19, in Chapter 20.52 (Standards for Specific Land Uses and Activities).
1, 10, 14,
20, 21, 22,
23, 24, 25,
26, 37, 59,
61 20.16.020 (Table

20.16.1) –
Amended; and

20.20.020 (Table

20.20-1) –
Amended
Housing Element Program #10: Development Standards to Allow Uses, Emergency Transitional and Supportive Housing (Program #11), Low Barrier Navigation Centers (Program #24) and Single-Room Occupancy Units (Program #25). This amendment provides compliance with Programs # 10, 11, 24, and 25 of the Housing Element and various State laws including AB 139 relating to emergency shelters and AB 101 relating to low-barrier navigation centers. Further, the programs would comply with AB 2162, relating to streamlining supportive Attachment D

20.28.20 (Table

20.28-1) –
Amended; and

20.52 (Part 8) –
Revised; and

20.52.270 –
Revised; and

20.52.270(A) –
Amended; and

20.52.270(B) –
Amended; and

20.52.270(D) –
Amended; and

20.52.280(A) –
Amended; and

20.52.280(C) –
Amended; and

20.64.040 (Table

20.61-1) –
Amended; and

20.88.130 – New
definition; and

20.88.200 – New
definition.
housing. To comply with State law and implement the various programs as stated above, the following amendments are proposed:

Emergency, Transitional, and Supportive Housing:
• Revise parking standards for emergency shelters by reducing the number of parking spaces from 1 space per 5 beds to 2 spaces plus 1 space for each 50 beds, which is no greater than necessary to accommodate staff; and
• Allow emergency, transitional, and supportive housing as a conditional use in the Neighborhood Commercial (NC) and Innovative Industrial (I-IND) zones, permitted by right in the Entertainment (Ent) zone, and prohibited in the Light Industrial (LI) zone.

Single-room occupancy:
• Define single-room occupancy as a dwelling unit with a minimum floor area of 200 square feet with a kitchen and bathroom facility. • Allow single-room-occupancy by right in the Commercial Mixed-Use (CMU), Civic-Mixed Use (Civic-MU), High-Density Residential (HDR), Entertainment (Ent), and Innovative Industrial (I-Ind) and prohibited in the Neighborhood Commercial (NC) and Light Industrial (LI) zones.

Low Barrier Navigation Centers:
• Allow low barrier navigation centers as by right in the Entertainment (Ent), Commercial Mixed-Use (CMU) and Civic-Mixed Use (Civic-MU), conditionally permitted in the Neighborhood Commercial (NC) and Innovative Industrial (I-IND) zones and prohibited in the Light Industrial (LI) zone.
• Expand the existing use management, operations, and off-street parking regulations for emergency shelters in CMC Chapter 20.52, Part 8, and apply them to low-barrier navigation centers.
17, 18, 27,
28, 29, 30,
31, 32, 34,
54,

20.30.040(A) –
Amended; and

20.30.040(I) –
Amended; and

20.52.320(C) –
Amended; and

20.52.320(D) –
New Section; and

20.52.330(A),

20.52.330(B) –
Amended; and

20.52.340 –
Amended; and

20.52.340(B); and

20.52.350(D); and
Housing Element Program #26: State Density Bonus Law. This amended is intended to amend the Zoning Code as necessary to comply with State Density Bonus Law. Additionally, City staff reviewed the City’s current requirements and has amended further to clarify inconsistencies.

The following are State-mandated:
• Add a new part, Part 19 related to compliance with replacement housing for density bonus applications; and
• Address inconsistencies in income requirements based on for-sale or rental units; and
• Clarifies inclusionary concessions are in addition to density bonus concessions; and
• Revises method of fractional units which shall be rounded up to the next whole number; and
• Adds a required base density study to be conducted in the Entertainment zone to establish density; and
• Revise the current “yard” concession up to 20 percent to “side yard setback” allowed deviation; and
• Add distance between buildings as a menu concession for density bonus; and
• Revise both the “common open space” and “private open space” to “open space” to address zoning code changes from Housing Element Program #27; and

20.52.360(A)
through (C) –
Repealed; and

20.52 – Part 19
(Replacement
Housing) – New
Part/Section; and

20.84 – Part 13
(Off-Menu
Concession Permit)
– New
Part/Section; and
• Add “minimum unit size” as a menu concession for density bonus projects to be reduced by a maximum of 100 sq. ft.; and • Add “minimum nonresidential area” as a menu concession for a density bonus to waive the required minimum floor area in a mixed-use development; and
• Remove “fee” concessions; and
• Clarify the off-menu concessions are not discretionary approvals subject to approval of the Planning Commission; and
• Remove the CUP required for a density bonus greater than 35-percent; and
• Clarify discretionary approvals for density bonus are only required if greater than state density bonus law (50-percent); and
• Establish an off-menu concession permit process; and
• Address other language inconsistencies and clean up.
1, 2, 3, 4, 5,
6, 7, 8, 10,
11, 12, 14,
15, 16, 36,
37, 40, 41,
42, 43, 51,
52, 58, 60

20.16.020 (Table

20.16.1) –
Amended; and

20.16.030 (Table

20.16-2) –
Amended; and

20.16.040(C) –
Revised; and

20.16.040(E) –
Repealed; and

20.16.040(I)(1)
through (I)(3) –
Added; and

20.16.050 –
Redacted entirely;
and

20.16.060(A)(1)
through

20.16.060(A)(5) –
Revised; and

20.16.060(B)(4) -
Amended; and

20.16.060(B)(5) -
New subsection;
and

20.20.020(Table

20.20-1) –
Amended; and

20.20.030 (Table

20.20-2) –
Amended; and
Housing Element Program #27: Zoning Code Review. This amendment provides compliance with State law and the City’s commitment to expediting and removing constraints on housing production. During the 6th Cycle Housing Element, the City committed to the following zoning code changes:

The following zoning code changes are State-mandated:
• Permit residential care facilities with seven (7) or more persons by right in all zones where residential is permitted or conditionally permitted (LDR, MDR, HDR, NC, Ent, CMU, Civic MU, zones); and
• Revise the definition of “Family;” and
The following zoning code changes relate to the City’s development standards:
• Eliminate the 11 dwelling units/acre limit on sites that are less than half an acre in the MDR zone; and
• Eliminate the 15 dwelling units/acre limit on site that are less than half an acre in the HDR zone; and
• Increase the Floor Area Ratio (FAR) to 1.5 in the CMU zone; and • Eliminate the one-acre minimum for mixed-use projects; and • Eliminate the 15 by 15 feet required open space for ownership projects; and
• Count the fire turnaround within the open space area and allow the area to be non-concrete/alphabet. However, this area must be developed and maintained with hardscaping, and it must be free of any obstructions; and • Allow permeable, porous materials in the driveway right of way; and • Reduce the private open space from 150 sq. ft. to 100 sq. ft. in the MDR zone, 200 sq. ft. to 100 sq. ft. in the HDR and 250 sq. ft. to 100 sq. ft. in the LDR zone. In all zones, require a total of 280 sq. ft. of total open space consisting of common and private space; and
• Add total open space area minimum of 280 sq. ft. and private open space minimum of 100 sq. ft. in the Entertainment zone; and
• Add a definition for “total open space;” and
• Revise the common open space to total open space in the CMU and Civic MU zones for residential uses; and
• Reduce the private open space from 200 sq. ft. to 100 sq. ft. in the CMU and CivicMU zones for residential uses; and
• Allow buildings that are two stories or higher to have balconies projecting into the side setback of approximately 3 ft, leaving a minimum balcony setback from the side property line of 4 ft; and
• Reduce guest parking for residential units from 0.5 to 0.25 spaces/unit and eliminate enclosure requirements for parking.
• Remove the multiple dwelling restriction in the MDR zone.

20.20.040 –
Repealed; and

20.28.20 (Table

20.28-1) –
Amended; and

20.28.030 (Table

20.82-2) –
Amended; and

20.28.040 –
Repealed; and

20.56.050(D)(3) –
New section; and

20.64.040 (Table

20.61-1) –
Amended; and

20.84.170(Part 2) -
Revised; and

20.84.180(Table

20.84-2) –
Amended; and

20.84.180(B) –
Amended; and

20.84.210 –
Amended; and

20.84.560 –
Amended; and

20.84.11 (Part 11) -
New Section; and

20.88.020 – New
definitions; and

20.88.070 – New
definition; and

20.88.160 – New
definition; and
The following zoning code changes relate to streamlining the City’s permit process for housing development:
• Remove the development agreement requirement for new development in the HDR, CMU and CivicMU zones; and
• Revise development review findings to comply with the Housing Accountability Act*; and
• Remove the Conditional Use Permit (CUP) requirement for multifamily, including duplexes, triplexes and condominium development in the LDR zone; and
• Increase the number of units triggering a discretionary approval (Planning Commission and/or City Council) review from 3 units to 5 units; and • Classify development review by the Community Development Director from an administrative to a ministerial process; and
• Increase the floor area ratio maximum for mixed use development in the CMU and CivicMU zones from 1.0 to 1.5; and
• Specify what party is responsible for making the California Environmental Quality Act (CEQA) determination of Public Resource Code § 21080.1 and specify that the decision will be made within the timeframe permitted.

The following zoning code changes are recommended by City staff:
• Increase the building length maximum in the MDR and HDR zones from 125 feet to 175 feet; and
• Add architectural design, form, and material standards for all residential zones; and
• Allow open space to include exercise areas (gyms) to be indoors; and • Remove the development agreement requirement for new development in the Commercial Mixed Use, Civic Mixed Use, and Entertainment zone; *City staff and Consultant reviewed the existing findings and found no changes were required to comply with the Housing Accountability Act.

AMENDMENT #2: OFF-STREET PARKING METHODS
37, 38 20.64.040 (Table

20.61-1) –
Amended; and

20.64.080(C)(3) –
Amended.

This amendment is introduced by City staff in an effort to maximize off-street parking for residential properties. Currently, the City’s Zoning Code requires singleand multi-family dwellings to provide off-street parking spaces through a carport or enclosed garage. This amendment aims to allow flexibility in parking methods for residential dwelling units. As such, the following amendments are proposed:
• Include striped open-air parking as an acceptable method of providing offstreet parking for residential dwelling; and

• Include parking lifts as an acceptable method of off-street parking for residential dwellings; and
• Allow guest parking for residential uses to be provided separate and secure from the on-site public parking.

AMENDMENT #3: TEMPORARY USE PERMIT ALCOHOL SALES AND CONSUMPTION 19, 44 20.52.120(A)
through

20.52.120(B) –
Repealed; and

20.84.260(F) –
New section.

This amendment is introduced by City staff to address lack of security measures and inconsistencies for alcohol sales and consumption relating to a temporary use permit (TUP) application. As such, the following amendments are proposed:
• Remove the no dancing provision; and
• Revise the hours when alcoholic beverages can be sold or served beginning at 9:00 a.m. to 10:00 p.m. from Sunday through Thursday and 9:00 a.m. to 11:00 p.m. on Friday, and Saturday. Regardless of alcohol beverages hours, all alcohol sales shall end a minimum of thirty minutes before the scheduled event ends.
• Require a detailed security plan to be approved on file with the Sheriff’s Department.
• Require approval of the State Department of Alcoholic Beverage control This amendment would also relocate the alcohol sales and consumption from CMC Section 20.52.120 to CMC 20.84, Part 4 (Temporary Use Permit) and subsequently would create a new section.

AMENDMENT #4: MINOR DEVIATION REVIEW
39, 45, 46,
47, 48, 49,
50 20.84.020 (Table

20.84-1) –
Amended; and

20.84 (Title) –
Amended; and

20.84.300(A)
through

20.84.300(B) –
Amended; and

20.84.310(A)
through

20.84.300(B); and

20.84.330 –
Replaced and
revised in its
entirety; and

20.84.360 –
Revised; and

20.84.360(B) –
Amended.

This amendment is introduced by City staff to address a lack of administrative process for obtaining a minor deviation from development standards (Example:
building height, sign area, setbacks) due to physical limitation of the property. As such, the City staff is recommending to adopt a new permit procedure a Minor Deviation Review as follows:
• Amend Part 5 of Chapter 20.84 to add a “Minor Deviation” section including an intent and purpose; and
• Set a threshold of a maximum of 10-percent of the requested standards to be modified; and
• Establish the following development standards as eligible under the minor deviation application: landscape area, building setbacks, building height, wall/fence height, lot coverage, sign area, distance between structures and parcel dimension and area (all subject to compliance with applicable building and fire codes); and
• Add findings and decision; and
• Set a maximum of one deviation per parcel.

AMENDMENT #5 REVIEW OF LAND USES
10, 13, 14,
62, 63, 64,
65, 66.

20.20.020 (Table

20.20-1) –
Amended; and

20.24.020(A)(1)
through

20.24.020(A)(3) –
Amended; and
This amendment is introduced by City staff to remove the CUP requirement for various land uses that conform with the underlying zone’s purpose and intent.

Additionally, this amendment would revise the land uses in the City Parks/Parklet/School zoning to allow city public government buildings, which are already existing in the zone.

As such, the City staff is recommending changes as follows:

20.28.20(Table

20.28-1) –
Amended;

20.52.070 –
Amended; and

20.52.080 –
Amended; and

20.52.090(A); -
Amended and

20.52.100(B); -
Amended and

20.52.110(A) –
Amended.
• Remove the CUP requirement for the following uses in the Neighborhood Commercial (NC) zone:
o Financial institutions; and
o Restaurants; and
o Outdoor dining; and
o Grocery stores; and
o Plant nursery; and
o Recreational equipment sales and rentals; and
o Personal services, convenience and improvement.
• Remove the CUP requirement for the following uses in the Entertainment zone:
o Retail sales; and
o Personal services, convenience, and improvement.
• Remove the CUP requirements for the following uses in the Commercial Mixed-Use zone:
o Grocery stores; and
o Pet stores, inclusive of grooming services; and
o Recreational equipment sales and rentals; and
• Allow city-operated government buildings, structures, office, and service facilities including maintenance yards and public libraries in the City Parks/Parklets/School zone.
• Remove the City Council Conditional Use Permit (CUP) approval for offand on-site alcohol consumption in all commercial and mixed-use zones.

Further, remove the City Council annual compliance required and instead allow the Community Development Director to conduct the reviews.

EXHIBIT A
ORDINANCE No. 744
ZOTA No. 2024-01 Code Amendment Summary Redlines
The proposed language modifications area is shown below as strikethrough deletions and underline font additions.

1. Table 20.16-1 (Permitted and Conditionally Permitted Uses within Residential Zones) of Section 20.16.020 (Use Regulations) of Chapter 20.16 (Residential Zones) of Title 20 (Zoning Code) is amended to include the following additions, deletions, and modifications:

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Use Not Allowed
Land Use Category LDR MDR HDR Specific
Regulations
Residential Uses
Accessory Dwelling Units PA PA PA 20.52 (Part 19)
Accessory Structures and Uses A A A 20.16.080
Boardinghouses -- -- CUP
Condominiums, New and
Conversions
PCUP P P 20.52 Parts 5 and
6 (Condominiums
and
Condominium
Conversions)
Attachment E Page 297 of 430

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Use Not Allowed
Land Use Category LDR MDR HDR Specific
Regulations
Dwellings, Duplex and Triplex PCUP P P
Dwellings, Multifamily PCUP P P 20.16.030
Dwellings, Single-Family, including
manufactured homes
P P P
Home Occupations P P P 20.16.060
Manufactured or Prefabricated
Homes
P P P 20.16.070
Mobile Home Parks -- -- CUP 20.52 Part 13
(Mobile Home
Parks)
Transitional and Supportive Housing P P P 20.16.040(H)
Single-Room Occupancy -- -- P
Agricultural Uses
Urban Agriculture P P P 20.52 Part 17
(Urban
Agriculture)

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Use Not Allowed
Land Use Category LDR MDR HDR Specific
Regulations
Education
Schools, Colleges and Universities -- -- CUP 20.32 Part 2 (Urban
Agriculture
Overlay Zone)
Schools, Private (elementary and
secondary)
CUP CUP CUP 20.32 Part 2
(Urban
Agriculture
Overlay Zone)
Schools, Public (elementary and
secondary)
P P P 20.32 Part 2
(Urban
Agriculture
Overlay Zone)
Medical-Related and Care Uses
Day Care Center, Children -- CUP CUP 20.32 Part 2
(Urban
Agriculture
Overlay Zone)

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Use Not Allowed
Land Use Category LDR MDR HDR Specific
Regulations

20.52 Part 4
(Child Day Care
Facilities)
Child Day Care Homes – Large
Family
P P P 20.52 Part 4
(Child Day Care
Facilities)

20.32 Part 2
(Urban
Agriculture
Overlay Zone)
Child Day Care Homes – Small
Family
P P P 20.32 Part 2
(Urban
Agriculture
Overlay Zone)
Hospitals -- -- CUP
Residential Care Facilities (7 or more
occupants)
--P PCUP PCUP
Group Homes (6 or fewer occupants) P P P
Transportation, Communications, Government, Assembly and Infrastructure

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Use Not Allowed
Land Use Category LDR MDR HDR Specific
Regulations
Antennas and Wireless
Communication Facilities
CUP CUP CUP 20.52 Part 18
(Wireless
Facilities)
Utility Structures and Service
Facilities

CUP CUP CUP
Government, Community and Utility
Facilities, Public

CUP CUP CUP
Parking Lots (associated with
nonresidential use)
CUP CUP CUP 20.52 Part 16
(Transitional
Uses)
Places of Religious Assembly CUP CUP CUP
Recreational Facilities (including
youth centers)
-- CUP CUP 20.32 Part 2
(Urban
Agriculture
Overlay Zone)

2. Table 20.16-2 (Development Standards for Residential Zones) of Section 20.16.030 (Development standards) of Chapter 20.16 (Residential Zones) of Title 20 (Zoning Code) is amended to include the following additions, deletions, and modifications:

Development Standards LDR MDR HDR
Additional
Regulations
Lot Area – Minimum 5,000 sf 6,000 sf 6,000 sf 20.56.040 Lot Width – Minimum
Corner Lot
50 ft.
60 ft.
50 ft.
60 ft.
50 ft.
60 ft.

20.56.040

20.16.040
Front Yard Setback – Minimum 20 ft. 15 ft. 15 ft. 20.56.050 Side Yard Setback – Minimum
General
Corner Lot – Side Street
5 ft.
15 ft.
5 ft.
15 ft.
5 ft.
15 ft.

Required side
yards shall be
increased two
feet in width for
each story
established
above one story.

May be waived by
director or
planning
commission.

20.16.130

20.56.050
Rear Yard Setback – Minimum
General
Two or more stories
10 ft.
10 ft.
5 ft.
10 ft.
5 ft.
10 ft.

20.16.130

20.56.050
Total Open Space Area, Common–
Minimum
-- 280
sf/du

280
sf/du
280
sf/du
Total open
space consists
of common
open space and

Development Standards LDR MDR HDR
Additional
Regulations
private open
space.

20.16.050
Open Space Area, Private –
Minimum; exclusive of required front
yard
25% of
net lot
area or
100 250
ft.,
whichever
is greater
100 150
sf/du
100 200
sf/du

20.16.050
Density – Maximum 15 du/ac 25 du/ac 40 du/ac 20.16.040(C) for lots less than
25,000 sf
Density – Minimum N/A N/A 20 du/ac 20.16.040(C) for
exceptions
Building Height – Maximum
(whichever is less)
Two
stories;
35 ft.

Three
stories;
45 ft.

Four
stories;
55 ft.

20.56.060
Building Length – Maximum -- 125 175
ft.
125 175
ft.

Building Width – Minimum 20 ft. -- --
Distance between Buildings –
Minimum
-- -- -- 20.56.050

Development Standards LDR MDR HDR
Additional
Regulations
Floor Areas – Minimum
Efficiency units
One-bedroom units
Two-bedroom units
Three-bedroom dwelling units
Four or more dwelling units
800 sf 500 sf
700 sf
900 sf
1,100 sf
1,100 sf
+
150 per
bedroom
500 sf
700 sf
900 sf
1,100 sf
1,100 sf
+
150 per
bedroom
Exclusive of open
porches,
garages,
carports,
balconies, patios
and terraces

3. Subsections 20.16.040(C) and 20.16.040(E) (Lot Size and Density in MDR and HDR Zones) of Section 20.16.040 (Special provisions) of Chapter 20.16 (Residential Zones) of Title 20 (Zoning Code) is amended to include the following additions, deletions, and modifications:

C. Lot Size and Density in MDR and HDR Zones. The maximum density for lots less than 25,000 square feet in the MDR Zone shall be 11 dwelling units/acre.

The maximum density for lots less than 25,000 square feet in the HDR Zone shall be 15 dwelling units/acre. All development standards apply. Any site that is included in the Site Inventory found in Chapter 4 of the Housing Element is exempt from this provision and can be built to the maximum allowed density.

E. Multiple Dwellings Restriction in the MDR Zone. In no event may multiple dwelling units be placed on a lot or parcel of land with an area of less than 6,000 square feet, with the exception of accessory dwelling units.

4. A new Subsection, Subsection 20.16.040(I) (Architectural Design, Form, and Materials) is added to Section 20.16.040 (Special provisions) of Chapter 20.16 (Residential Zones) of Title 20 (Zoning Code):

I. Architectural Design, Form, and Materials. These standards apply to new residential units proposed to be built on lots with other existing residential units. The new unit shall be designed to integrate harmoniously with the development on which it is located.

1. Designation of primary dwelling for design purposes. The primary dwelling on a property is the existing dwelling to which the new unit is most visually and functionally related. In the case of a new unit attached to an existing dwelling, the primary dwelling is the dwelling to which the new unit is attached. In the case of new detached units on properties with multiple
structures, the new unit applicant has the option to choose whether they primary dwelling unit is the home in the front of the lot or the home closest to the new unit.

2. Standards.
a. The new unit 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 new unit 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 primary dwelling.
e. Additionally, the new unit shall comply with any objective design standards adopted by the city that are applicable to the zoning district or specific plan area where the new unit is located.

3. Variation from standards. The proper reviewing authority may waive these standards with a major or minor development review permit or other approval process applicable to the project.

5. Section 20.16.050 (Special requirements for new development in the HDR Zone – Development agreement required) of Chapter 20.16 (Residential Zones) of Title 20 (Zoning Code) is repealed in its entirety:

20.16.050 Special requirements for new development in the HDR Zone – Development agreement required.

A. Purpose. The purpose of this requirement 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. For purposes of this section, “new development” shall mean any new residential development project on vacant land, on land where existing structures are demolished, or major expansions of existing buildings, in the HDR Zone. “Major expansion” shall mean an expansion that increases the floor area of existing buildings over 25 percent.

In the HDR Zone, “new development” shall mean new residential development over 20 dwelling units per acre.

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 20.16-2 and elsewhere in this chapter, including the maximum density limitations.

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. Any project where streamlined processing is required pursuant to Government Code Section 65913.4.

2. Any 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. A project that is 20 dwelling units per acre or less.

5. 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.

6. Subsection 20.16.060(A)(1) through 20.16.060(A)(5) of Section 20.16.060 (Required open space) of Chapter 20.16 (Residential Zones) of Title 20 (Zoning Code) is amended to include the following additions, deletions, and modifications:

A. Private Open Space. The following regulations apply to private open space areas in the amounts shown in Table 20.16-2:

1. Private open space may be in the form or of balconies, courtyards, at-grade patios, rooftop decks, or terraces, but exclusive of required front yards.

2. The minimum length and width of each open space area shall be seven (7) feet.

3. The minimum length and width of each open space area within smalllot single-family developments shall be 15 feet.

43. The open space area for an individual dwelling unit shall be directly accessible to that dwelling unit.

54. Encroachments such as roofs and eaves may project into an open space area, provided such encroachments observe a minimum vertical clearance of eight feet. A minimum distance of three feet shall be maintained between any encroachment and any lot line.

65. Private open space(s) attached to residential units shall be designed to avoid direct visibility into the interiors of adjacent units.

7. Subsection 20.16.060(B)(4) of Chapter 20.16 (Residential Zones) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:
(4) The use of required open space for tot lots, exercise areas, and other resident amenities is highly encouraged. Exercise areas, such as a gym, may be provided indoors.

8. A new Subsection, Subsection 20.16.060(B)(5) is added to Subsection 20.16.060(B) (Common Open Space) of Chapter 20.16 (Residential Zones) of Title 20 (Zoning) is amended to include the following additions, deletions, and modifications:

5. A required fire turnaround can be included within the common open space area. The surface need not be of concrete or asphalt, and is encouraged to be permeable or porous, but must be an approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 750,000 pounds. Further, for the fire turnaround to count as common open space, it must be developed and maintained with hardscaping, and it must be free of any obstructions such as BBQ grills, swing sets, etc.

9. Section 20.16.100(A) through Section 20.16.100(E) is repealed in its entirety as follows:

A. Purpose. The purpose of this section is to allow for accessory dwelling units to be established by right and subject to administrative 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.

B. 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.

C. Requirements Applicable to All Accessory Dwelling Units.

1. Permitted by Right. An accessory dwelling unit may be constructed by right on a parcel occupied by a single-family residence in the LDR Zone; provided, that such accessory dwelling unit complies with all requirements set forth in this section.

2. Relationship to Primary Dwelling. The accessory dwelling unit may be either attached to the primary dwelling or be a detached structure.

3. Maximum of One per Parcel. There shall be no more than one accessory dwelling unit allowed on each parcel with a detached single-family residential structure.

4. Entrances. Entrances shall be incidental to the primary dwelling and minimally visible from the front of the primary dwelling. No passageway to the primary dwelling shall be required with the construction of the accessory dwelling unit.

5. 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).

6. Utility Hookups. Separate utility hookups are permitted, but are not mandatory.

7. Occupancy Requirements. The applicant for a building permit for an accessory dwelling unit shall be the owner and occupant of the property. The owner shall be required to permanently occupy either the primary unit or the accessory dwelling unit.

8. 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:
a. The accessory dwelling unit shall not be sold separately. b. The accessory dwelling unit is restricted to the maximum size allowed as identified by the development standards in this section.
c. The accessory dwelling unit shall be considered legal only so long as either the primary residence, or the second
dwelling unit, is occupied by the owner of record of the property.
d. 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.

D. Requirements Applicable to Newly Constructed or Expanded Structures.

1. Maximum Gross Floor Area. No accessory dwelling unit, either attached or detached, shall exceed 50 percent of the size of the living area of the primary dwelling, and in no case shall the accessory dwelling unit exceed 600 square feet in gross floor area.

2. Development Standards. The accessory dwelling unit shall comply with the minimum property development standards of the LDR, MDR, and HDR Zones in compliance with
CMC 20.16.030 (including but not limited to minimum lot size, lot width, lot depth, setbacks, distance between buildings, and lot coverage), unless modified by this section.

3. Lots Not Meeting Minimum Lot Size and Width. No accessory dwelling unit may be constructed on lots that do not meet the

minimum lot size and minimum width for the LDR, MDR, and HDR Zones.

4. Maximum Height. All detached accessory units shall be limited in height to one story and 15 feet.

5. Bedrooms. The maximum number of bedrooms in any accessory dwelling unit is one.

6. Location. No detached unit may be placed in front of the primary dwelling.

7. Architectural Design, Form, and Materials. The accessory dwelling unit shall be constructed to be compatible with the existing primary residence located on the site in terms of architectural design, form, and materials.

8. Minor Development Review. New construction shall be subject to minor development review permit procedures pursuant to
Chapter 20.84 CMC, Part 2.

9. 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.
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 be replaced. The replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, covered spaces, uncovered spaces, or tandem spaces. Replacement parking may only
occur on paved driveways leading to a required parking space. c. Additional parking is not required in the following
instances:
i. Where a property is located within one-half mile from a public transit stop. Public transit stop is defined to be a stop at which service is provided at no greater than 15-minute intervals during peak hours. Public transit means scheduled services provided by a public agency.

ii. For properties located within an architecturally and historically significant historic district, as adopted by the city. iii. For properties in an area where on-street parking
permits are required but not offered to the occupant of the accessory dwelling unit.
iv. For properties located within one block of a car
share area approved by the city.

E. Requirements to Convert Existing Space in a Single-family Structure to an Accessory Dwelling Unit.

1. Zoning Clearance. An application for a building permit to create one accessory dwelling unit per single-family lot within the existing space of a legally permitted accessory structure or single-family dwelling shall be approved subject to Chapter 20.84 CMC, Part 3 (Zoning Clearance). Development review shall not be required for minimal exterior changes that do not expand the existing structure.

2. Setbacks. 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.

3. 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.

4. Size. No conversions of existing space shall exceed 600 square feet in size and shall not exceed 50 percent of the living area of the primary dwelling unit, and shall have a maximum of one bedroom.

5. Parking. An off-street parking space for the accessory dwelling unit shall not be required. However, the applicant shall be required to replace any parking spaces lost as a result of the conversion of the existing space to an accessory dwelling unit. The replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to covered spaces, uncovered spaces, or tandem spaces. Replacement parking may only occur on driveways leading to a required parking space.

6. Setbacks for Conversions of Existing Space. No setback is required for an existing structure that is converted to an accessory

dwelling unit. For conversion of existing and legally permitted space above a garage that is detached from the primary dwelling unit, a minimum five-foot rear and side yard setback shall be required.

7. 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 and the accessory dwelling unit meets the size limitations established in this section.

10.Table 20.20-1 (Permitted and Conditionally Permitted Uses in Commercial and Industrial Zones) of Section 20.20.020 (Use Regulations) of Chapter 20.20 (Commercial and Industrial Zones) of Title 20 (Zoning Code) is amended to include the following additions, deletions, and modifications:

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Business, Financial, and Professional
Automated teller
machines (ATMs)

P P P P
Check cashing and/or
payday loans
-- -- -- --
Financial institutions
and related services
CUP
P

CUP CUP CUP

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Office, business and
professional
P CUP P P In LI Zone, accessory
office uses are limited
to 25% of building floor
area.

Eating and Drinking Establishments
Bars and cocktail
lounges
-- CUP -- -- See
Breweries/wineries for
brewpubs and winetasting.

Restaurant CUP
P
P P CUP 20.52 Part 2 (Alcohol
Sales)
Restaurant, drivethrough
establishment
-- -- -- --
Outdoor dining CUP
P
P P CUP 20.28.040
Education

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Schools, colleges and
universities
-- -- CUP CUP 20.32 Part 2 (Urban
Agriculture Overlay
Zone)
Schools, business
and professional
-- -- CUP CUP 20.32 Part 2 (Urban
Agriculture Overlay
Zone)
Schools, private
(elementary and
secondary)
-- -- -- -- 20.32 Part 2 (Urban
Agriculture Overlay
Zone)
Tutoring and
education centers
P -- P -- 20.32 Part 2 (Urban
Agriculture Overlay
Zone)
Industry, Manufacturing and Processing, and Warehousing Uses Breweries, wineries,
and distilleries
-- CUP CUP CUP 20.52 Part 2 (Alcohol
Sales)
Commercial cannabis
production activity
business
-- CUP CUP CUP Commercial cannabis
permit and
development
agreement required.

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations

20.32 Part 2 (Urban
Agriculture Overlay
Zone)
Cannabis retailer -- P P P Retail cannabis
business permit
required.

5.30 (Cannabis
Retailers) Part 2
(Urban Agriculture
Overlay Zone)
Hazardous waste
facilities
-- -- -- CUP
Laboratory -- -- P P
Light industrial,
manufacturing and
assembly
-- -- CUP P Director of community
development may
issue exemption.

20.20.020
Heavy industrial -- -- -- CUP

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Recycling, collection
facility
-- -- CUP CUP
Recycling facilities -- -- CUP CUP
Recycling,
processing facility
-- -- -- CUP
Self-storage facility -- -- -- CUP
Wholesaling,
distribution,
warehousing and
storage
-- A A A Permitted only as
accessory to a
commercial cannabis
production activity
business pursuant to

20.32 Part 2, or
accessory to a light
industrial use or other
permitted use.

Trucking terminal -- -- -- --
Medical-Related and Care Uses

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Day care center, adult CUP CUP CUP -- As components of
mixed-use residential
commercial projects
Day care center,
children
CUP -- CUP -- 20.32 Part 2 (Urban
Agriculture Overlay
Zone)
Emergency shelters P P CUP CUP 20.52 Part 8
(Emergency Shelters)
Hospitals -- -- -- CUP
Medical clinics CUP -- P CUP
Medical and dental
offices
P CUP P P As components of
mixed-use residential
commercial projects
Residential care
facilities (7 or more
occupants)
-- P -- P -- --
Recreation and Entertainment

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Amusement arcade -- CUP CUP CUP 20.52 Part 3
(Amusement Arcades)
Casinos and
gambling games
-- CUP -- -- 5.08
Commercial
recreation, indoors
-- P CUP CUP 20.32 Part 2 (Urban
Agriculture Overlay
Zone)
(for youth centers)
Commercial
recreation, outdoors
-- CUP CUP CUP 20.32 Part 2 (Urban
Agriculture Overlay
Zone)
(for youth centers)
Health and physical
fitness facilities
-- P P CUP
Commercial
entertainment,
indoors
-- P CUP CUP

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Smoking lounges -- CUP CUP -- 20.52 Part 15
(Tobacco Shops and
Smoking Lounges)
Studios, art and
music

P P P CUP
Studios, recording -- P P CUP
Residential Uses
Dwelling, singlefamilyCUP -- -- --
Dwelling, duplex and
triplex

CUP -- -- --
Dwelling, multifamily CUP P CUP -- 20.20.020(F)
Live/work units CUP -- P CUP 20.52 Part 11
(Live/Work Units)
Transitional and
Supportive Housing

CUP P-- CUP --

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Low Barrier
Navigation Centers

CUP P CUP --
Single-Room
Occupancy
-- P P --
Retail Uses
Alcohol beverage
sales
CUP CUP CUP CUP 20.52 Part 2 (Alcohol
Sales)
Needs city council
approval of CUP
Auction houses -- -- -- CUP
Building material
sales and services
-- -- CUP P
Food and Beverage Sales
a. Grocery stores
(includes large, fullservice markets)
CUP
P
CUP CUP CUP 20.52 Part 2 (Alcohol
Sales)

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
b. Specialty stores
(deli, coffee, bakery,
produce)
P P P P 20.52 Part 2 (Alcohol
Sales)
c. Convenience
stores
CUP CUP CUP CUP 20.52 Part 2 (Alcohol
Sales)
d. Liquor stores -- -- -- --
Pawn shop -- -- -- CUP
Pet stores, inclusive
of grooming services
P CUP P CUP In Ent Zone, only
permitted on the
ground floor in a
mixed-use
development
Plant nursery CUPP -- CUP CUP
Recreational
equipment sales and
rentals
CUP
P
CUP P P In Ent Zone, only
permitted on the
ground floor in a
mixed-use
development

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Retail sales P CUP
P
P P In Ent Zone, only
permitted on the
ground floor in a
mixed-use
development
Retail carts and
kiosks, indoor

A A A A
Retail carts and
kiosks, outdoor
A A A A 20.28.020(E)(4)

20.84.260 (Allowed
temporary uses)
Secondhand stores CUP -- CUP --
Swap meets -- -- -- CUP
Tobacco shop CUP CUP CUP CUP 20.52 Part 15
(Tobacco Shops and
Smoking Lounges)
Vehicle, rentals -- -- CUP CUP
Vehicle, sales -- -- CUP CUP

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Service Uses
Animal
boarding/kennels
-- -- -- CUP
Animal grooming P -- P P
Business services P CUP P P In Ent Zone, only
permitted on the
ground floor in a
mixed-use
development
Equipment rental -- -- CUP P
Funeral homes and
mortuaries
-- -- CUP CUP
Laboratory -- -- CUP CUP
Hotel and motel -- CUP CUP -- 20.52 Part 9 (Hotels
and Motels)
Massage
establishments
(primary use)
-- -- CUP CUP 20.52 Part 12
(Massage
Establishments)

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Repair services,
appliance and small
equipment
-- -- P P
Personal services,
convenience and
improvement
P CUP
P
P P
Adult-oriented
businesses
-- CUP -- CUP 20.52 Part 1
(Adult-Oriented
Businesses)
Tattoo shop -- -- CUP CUP
Vehicle, automobile
washing
-- -- CUP CUP
Vehicle, major repair -- -- CUP CUP
Vehicle, minor repair -- -- CUP P
Vehicle, service
station
CUP CUP CUP CUP 20.52 Part 14
(Service Stations)

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Vehicle,
towing/storage
-- -- CUP CUP
Veterinary services CUP -- CUP P
Transportation, Communications, Government, Assembly and Infrastructure Antennas and
wireless
communication
facilities
CUP CUP CUP CUP 20.52 Part 18
(Wireless Facilities)
Assembly/meeting
facilities, public or
private

CUP CUP CUP CUP
Government and
community facilities,
public

CUP CUP P P
Off-street parking
facilities (garage and
common parking lots)
CUP CUP CUP CUP 20.64
(Off-Street Parking)

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Places of religious
assembly

CUP CUP CUP CUP
Recharging stations P P P P
Stations, bus,
railroad, taxicab
-- -- CUP CUP
Utility structures and
service facilities

CUP CUP CUP CUP
Other
Accessory uses and
structures
A A A A 20.20.050
Drive-through
establishments
-- -- -- -- 20.52 Part 7 (DriveThrough
Establishments)
Donation boxes A A A A
Outdoor storage and
display
CUP CUP CUP CUP 20.28.020(E)(2)
through (E)(5)

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations

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

11. Table 20.20-2 (Development Standards for Commercial and Industrial Zones) of Section 20.20.030 (Development Standards) of Chapter 20.20 (Commercial and Industrial Zones) of Title 20 (Zoning Code) is amended to include the following additions, deletions, and modifications:

Development Standards NC Ent I-Ind LI Specific
Regulations
Lot Area – Minimum 6,000 sf 6,000 sf 6,000 sf 6,000 sf
Lot Depth – Minimum -- -- -- 200 ft.

Lot Width – Minimum 60 ft. 60 ft. 60 ft. 60 ft.

Front Yard and Side Street
Setback – Minimum
10 ft. 0 ft. 0-10 ft. 10 ft. (a) 20.56.050(D),
Projections
(b) 10 ft.
landscaped
setback is

Development Standards NC Ent I-Ind LI Specific
Regulations
required if parking
or outdoor
storage is located
in front yard
Side Yard Setback –
Minimum
10 ft. 0 ft. 0 ft. 0 ft. 20.56.050(D),
Projections
Rear Yard Setback –
Minimum
10 ft. 0 ft. 0 ft. 0 ft. 20.56.050(D),
Projections
Setbacks Adjacent to
Residential Zones
Side Yard
Rear Yard
10 ft.
20 ft.
10 ft.
10 ft.
10 ft.
30 ft.
10 ft.
30 ft.

20.20.030(A)
Floor-Area Ratio –
Maximum

0.5 2.0 1.25 1.25
Floor-Area Ratio –
Maximum – Live/Work
N/A N/A 1.5 N/A
Floor-Area Ratio –
Maximum – Commercial
only

0.5 2.0 1.0 1.25
Floor-Area Ratio –
Maximum – Light Industrial
only
N/A N/A 1.25 1.25

Development Standards NC Ent I-Ind LI Specific
Regulations
Residential Density N/A N/A 30
du/ac
N/A
Building Height – Maximum
Number of Stories
2 4 + 4 3 3 20.20.030(D)

20.56.060
Building Height – Maximum
Number of Stories –
Live/Work
N/A N/A 3 N/A 20.56.060
Building Height – Maximum
Number of Stories –
Commercial only
2 4 + 4 2 3 20.56.060
Building Height – Maximum
Number of Stories – Light
Industrial only
N/A N/A 3 3 20.56.060
Total Open Space Area, –
Minimum
N/A 280
sf/du
N/A N/A In the ENT zone,
this open space
requirement
only applies to
residential uses.

Total open
space consists
of common
open space and
private open
space.

20.16.050

Development Standards NC Ent I-Ind LI Specific
Regulations
Open Space Area, Private
– Minimum
N/A 100
sf/du
N/A N/A In the ENT zone,
this open space
requirement
only applies to
residential uses.

20.16.050

12.Section 20.20.040 (Special requirements for new development in the Entertainment Zone – Development Agreement required) of Chapter 20.20 (Commercial and Industrial Zones) of Title 20 (Zoning Code) is repealed in its entirety:

20.20.040 Special requirements for new development in the Entertainment Zone – 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, in the Entertainment Zone. “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 in Table 20.20-2 and elsewhere in this zoning code, including the maximum intensity (floor-area ratio) and density limitations.

3. The additional height provisions in Table 20.20-2 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 in Chapter 20.84 CMC, Part 9 shall apply. In addition to the required and optional content 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. A project that includes remodeling of existing building floor area, or minor expansions that increase the floor area 25 percent or less.

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

3. 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.

13.Subsection 20.24.020(A)(1) through 20.24.020(A)(3) of Section 20.24.020 (Use Regulations) is amended to include the following additions, deletions, and modifications:

1. Public parks, public recreational uses, and associated facilities.

2. Wireless telecommunications antenna facilities per Chapter 20.52 CMC, Part 18 with issuance of a conditional use permit.

3. City-operated government buildings, structures, offices and service facilities including maintenance yards.

4. Public libraries.

35. Other uses may be permitted with the issuance of a conditional use permit.

Development standards for a proposed use shall be determined as part of the conditional use permit.

14.Table 20.28-1 (Permitted and Conditionally Permitted Uses in the Mixed-Use Zones) of Section 20.28.20 (Use Regulations) of Chapter 20.28 (Mixed-Use Zones) of Title 20 (Zoning Code) is amended to include the following additions, deletions, and modifications:

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
Business, Financial, and Professional
Automated teller machines
(ATMs)
P P
Check cashing and/or
payday loans
-- --
Financial institutions and
related services
P P
Office, business, and
professional
P P

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
Eating and Drinking Establishments
Bars and cocktail lounges CUP CUP See Breweries/wineries for brewpubs and wine-tasting
Restaurant P P 20.52 Part 2
(Alcohol Sales)
Restaurant, drive-through
establishment
CUP -- 20.52 Part 7
(Drive-Through
Establishments)
Outdoor dining P P 20.28.040
Education
Schools, colleges and
universities
CUP CUP 20.32 Part 2
(Urban Agriculture Overlay
Zone)
Schools, business and
professional
CUP P 20.32 Part 2
(Urban Agriculture Overlay
Zone)

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
Schools, private
(elementary and
secondary)
CUP CUP 20.32 Part 2
(Urban Agriculture Overlay
Zone)
Tutoring and education
centers
P P 20.32 Part 2
(Urban Agriculture Overlay
Zone)
Industry, Manufacturing and Processing, and Warehousing Uses Breweries, wineries and
distilleries
CUP CUP 20.52 Part 2
(Alcohol Sales)
Hazardous waste facilities -- --
Laboratory -- --
Light industrial,
manufacturing and
assembly
-- --
Heavy industrial -- --
Recycling, collection facility CUP --

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
Recycling facilities -- --
Recycling, processing
facility
-- --
Self-storage facility -- --
Wholesaling, distribution,
and storage
-- --
Trucking terminal -- --
Medical-Related and Care Uses
Day care center, adult CUP CUP
Day care center, children CUP P 20.32 Part 2
(Urban Agriculture Overlay
Zone)
Emergency shelters P P 20.52 Part 8
(Emergency Shelters)
Hospitals CUP CUP

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
Medical clinics P CUP In CivicMU Zone, only
permitted in upper floors of
a mixed-use development
Medical and dental offices P CUP In CivicMU Zone, only
permitted in upper floors of
a mixed-use development
Residential care facilities (7
or more occupants)

CUP P --P
Recreation and Entertainment
Amusement arcade CUP -- 20.52 Part 3
(Amusement Arcades)
Casinos and gambling
games
-- --
Commercial recreation,
indoors
CUP -- 20.32 Part 2
(Urban Agriculture Overlay
Zone) (for youth centers)
Commercial recreation,
outdoors
CUP -- 20.32 Part 2

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
(Urban Agriculture Overlay
Zone) (for youth centers)
Health and physical fitness
facilities
P CUP
Commercial entertainment,
indoor

CUP CUP
Smoking lounges CUP -- 20.52 Part 15 (Tobacco
Shops and Smoking
Lounges)
Studios, art and music P P
Studios, recording CUP --
Residential Uses
Dwelling, single-family -- --
Dwelling, duplex and triplex -- --
Dwelling, multifamily P P 20.28.020(D)
Live/work units P P 20.52 Part 11

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
(Live/Work Units)
Supportive and transitional
housing
P P 20.16.040(H)
Low Barrier Navigation
Centers
P P
Single-Room Occupancy P P
Accessory Dwelling Unit P P 20.52 Part 19
Retail Uses
Alcohol beverage sales CUP CUP 20.52 Part 2
(Alcohol Sales)
Needs city council
approval of CUP
Building material sales and
services
-- --
Cannabis retailer -- P Retail cannabis business
permit required.

5.30 (Cannabis Retailers)

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
Food and Beverage Sales
a. Grocery stores (includes
large, full-service markets)
CUP CUP 20.52 Part 2
(Alcohol Sales)
b. Specialty stores (deli,
coffee, bakery, produce)
P P 20.52 Part 2
(Alcohol Sales)
c. Convenience stores CUP -- 20.52 Part 2
(Alcohol Sales)
d. Liquor stores -- --
Pawn shop CUP --
Pet stores, inclusive of
grooming services

CUPP --
Plant nursery -- --
Recreational equipment
sales and rentals

CUPP --
Retail sales P P

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
Retail carts and kiosks,
indoor
A A
Retail carts and kiosks,
outdoor
A A 20.28.020(E)(4)

20.84.260
(Allowed temporary uses)
Secondhand stores CUP --
Swap meets CUP --
Tobacco shop CUP -- 20.52 Part 15 (Tobacco
Shops and Smoking
Lounges)
Vehicle, rentals CUP -- No on-site storage or
parking of vehicles
Vehicle, sales CUP -- No on-site storage of
vehicles; display only
Service Uses
Animal boarding/kennels CUP --

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
Animal grooming P --
Business services P P
Equipment rental CUP --
Funeral homes and
mortuaries
CUP --
Laboratory CUP --
Hotel and motel CUP CUP 20.52 Part 9
(Hotels and Motels)
Massage establishments
(primary use)
CUP CUP 20.52 Part 12 (Massage
Establishments)
Repair services, appliance
and small equipment
P --
Personal services,
convenience and
improvement
P P
Tattoo shop CUP --

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
Vehicle, automobile
washing
CUP --
Vehicle, major repair -- --
Vehicle, minor repair CUP --
Vehicle, service station CUP CUP 20.52 Part 14
(Service Stations)
Vehicle, towing/storage -- --
Veterinary services CUP CUP
Transportation, Communications, Government, Assembly and Infrastructure
Antennas and wireless
communication facilities
CUP CUP 20.52 Part 18
(Wireless Facilities)
Assembly/meeting
facilities, public or private

CUP CUP
Government and
community facilities, public
CUP P

P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
Off-street parking facilities
(garage and common
parking lots)
CUP P 20.64 (Off-Street Parking)
Places of religious
assembly

CUP CUP
Recharging stations P P
Stations, bus, railroad,
taxicab

CUP CUP
Utility structures and
service facilities

CUP CUP
Other
Accessory uses A A 20.20.050
Drive-through
establishments
CUP -- 20.52 Part 7
(Drive-Through
Establishments)
Donation boxes A A