Willdan Financial Services Page 20 of 20
APN Situs Address LUC Zone Lighting TBF
Zone 1
Lighting TBF
Zone 2
Lighting TBF
Zone 3
Landscape
EBU
Traffic Light
EBU
Lighting
Charge
Landscaping
Charge Total Charge
City of Cudahy
Landscape & Lighting District
Fiscal Year 2025/2026 Preliminary Roll
(Sorted by APN)
6226-034-900 NO SITUS AVAILABLE EXE 5 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total: 73,512.498 14,526.000 20,502.000 #REF! $241,240.40 Parcel Count: 1,844
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Staff Report
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STAFF REPORT
Date: April 15, 2025
To: Honorable Mayor and Councilmembers
From: Alfonso Noyola, City Manager/Executive Director
Prepared by: Kassandra Cornejo, Associate Planner
Concurrence: Juan Arauz, AICP, Community Development Director/ Assistant City Manager and Cecilia Madrigal-Gonzalez, Senior Planner
Subject: Adopt by first reading Ordinance No. 760 of the City Council of the City of Cudahy approving Zoning Ordinance Text Amendment (“ZOTA”) No. 2025-01 to amend Chapters 20.20, 20.28, 20.52, 20.84, and 20.88 of Title 20 (“Zoning”) of the Cudahy Municipal Code (“CMC”)
RECOMMENDATION
The City Council is recommended to take the following action(s):
1. Open the public hearing, receive a presentation from City staff, and receive public comment and testimony; and
2. Adopt by first reading Ordinance No. 760 (Attachment A) of the City of Cudahy, California, recommending the City Council to approve Zoning Ordinance Text Amendment No. 2025-01 amending Title 20 (Zoning), Chapters 20.20, 20.28, 20.52,
20.84, and 20.88 of the Cudahy Municipal Code; and
3. Schedule the second reading of Ordinance No. 760 at the next regularly scheduled meeting on May 6, 2025; and
4. Find ZOTA No. 2025-01 exempt from the environmental regulations of the California Environmental Quality Act (“CEQA”), pursuant to Cal. Code of Regulations, Title 14, Division 6, Chapter 3, § 15061(b)(3) and § 15378.
BACKGROUND
The Cudahy Municipal Code (“CMC”) requires periodic updates to ensure consistency between City of Cudahy (“City”) policies and State law, enhance clarity, and better serve the public. The Item Number
13B
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City has previously identified a need to amend alcohol use regulations in the CMC and has taken steps to remove barriers for businesses seeking alcohol use permits, such as adoption of Ordinance No. 744 on May 21, 2024, which eliminated the requirement for City Council approval and annual review of alcohol use permits. Despite these amendments, the City continues to receive inquiries from restaurants and other commercial businesses along Atlantic Avenue that face challenges in obtaining an alcohol license. Current code requirements, such as minimum distance requirements between alcohol uses and to schools, religious institutions, and public playgrounds, limit new alcohol licenses along the entirety of Atlantic Avenue. As a result, many businesses in the City’s only commercial corridor are ineligible to sell or serve alcohol and the CMC provides no flexibility to address these restrictions, limiting alcohol sales across all commercial zones. To assess whether the City's regulations align with those of surrounding jurisdictions, staff conducted a comparative analysis of neighboring cities, including Bell, Huntington Park, South Gate, and Maywood. The analysis found that the City's alcohol regulations are more restrictive than those of nearby municipalities. As such, City staff identified several provisions in the CMC related to alcohol sale and consumption that require amendment to reflect best planning practices and support policies and programs of the Cudahy 2040 General Plan (“General Plan”) and Economic Development Strategic Plan (“EDSP”).
On October 21, 2024, City staff introduced a zoning ordinance text amendment discussion item related to alcohol sales and consumption use permits to the Planning Commission (“Commission”). City staff presented several changes for consideration, including the establishment of an administrative review process for alcohol use permits, modifications to existing distance requirements, the establishment of a procedure for Public Convenience or Necessity (PCN) determinations, and the addition of new definitions for alcohol sale terms. The Commission expressed support for enhancing flexibility within the code to allow for new alcohol licenses while directing staff to ensure that such flexibility is limited to specific alcoholrelated land uses and that public health, safety, and general welfare continued to be protected.
After discussion, the Commission directed City staff to consider all comments and feedback and prepare a zoning ordinance text amendment.
On March 17, 2025, the Planning Commission adopted Planning Commission Resolution No. 2025-01 recommending the City Council adopt Zoning Ordinance Text Amendment No. 2025- 01 (Attachment B) on a 4-0 vote. One public comment was made in support of the ZOTA.
DISCUSSION
The proposed ZOTA can be categorized into the following: 1) establish a new administrative permit and approval authority for alcohol use permits; 2) clarify and modify the method for measuring and distance requirements for certain land uses; 3) establish a procedure and findings for making a Public Convenience or Necessity (“PCN”) determination for alcohol license applications; 4) revise and add new definitions related to alcohol uses; and 5) consolidate, add, and expand conditions of approval for alcohol use permits. Further, City staff has prepared an
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amendment summary table for all proposed amendments which can be found in Attachment C.
Amendment #1: New Administrative Permit and Review Authority Currently, CMC Section 20.52.070 mandates all new applications for alcohol service and or consumption obtain a Conditional Use Permit (“CUP”) subject to the review and approval of the Commission. Businesses applying for an alcohol license experience a lengthy permit process with no expedited alternatives for accessory alcohol sales to a primary use.
Proposed Amendments:
The proposed amendment includes updating Chapters 20.20, 20.28, Part 2 of 20.52, and 20.84 to reflect the following changes:
o Add a new table in Part 2 of Chapter 20.52 listing all alcohol sale and consumption uses and specify the permit (CUP or Minor CUP) and review authority (Planning Commission or Community Development Director).
o Amend the use regulation tables in CMC Section(s) 20.20.020 and 20.28.20 to reference the applicability of Part 2 of Chapter 20.52, Alcohol Sales, for permitted uses in the Neighborhood Commercial, Commercial Mixed-Use, Civic Mixed-Use, Entertainment, Innovative Industrial, and Light Industrial zones for which an alcohol license may be applied for.
o Amend Table 20.84-1 of Section 20.84.020 (Designating Approving Authority) to add Minor Conditional Use Permit (Alcohol).
o Amend Subsection 20.84.120(A) (Record of Decision) of Part 1 (General Provisions) of Chapter 20.84 (Permit Procedures) to add minor conditional use permit under the list of permit types subject to director approval.
o Amend Part 5 of Chapter 20.84 to establish the intent and purpose, applicability, findings, expiration, and extension procedures for minor conditional use permits.
Amendment #2: Distance and Location Requirements
CMC Section 20.52.070 requires all new alcohol establishments comply with three (3) distance and locations: 1) For off-site and on-site alcohol licenses the business must be located a minimum of 500-feet from all schools, religious institutions, playgrounds; 2) For off-site alcohol licenses, the business must be located a minimum of 1,000-feet from an existing off-sale alcohol establishment and 3) For off-site and on-site alcohol licenses, the business shall not be located on the same parcel or lot as certain uses, such as pool hall, cybercafé, movie theater, bowling alleys or retail stores.
City staff prepared a radius map included as Attachment C, to show the impact of these requirements on the City’s commercial corridor located along Atlantic Avenue, affecting key commercial zones such as Entertainment, Commercial Mixed Use, and Civic Mixed Use. This impact results in several key commercial areas in the city being ineligible to apply for new alcohol licenses. Additionally, the CMC does not clearly define how the above distance
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requirements shall be measured, which causes uncertainty in determining eligibility.
Proposed Amendments:
The proposed amendment includes updating Part 2 of Chapter 20.52 to reflect the following changes:
o Clarify that distance requirements shall be measured from the primary entrance of each business or use or, in instances where a single primary entrance cannot be determined, from the subject parcel of the use.
o Establish exemptions to the 500-foot distance requirement to schools, religious institutions, and public playgrounds and require adherence to additional conditionsrelated to safety such as security cameras, security plans, limitations on promoting alcohol, and no outside service of alcohol consumption. The exemption applicability would be limited to the following uses: grocery stores, specialty stores, restaurants, breweries/wineries/distilleries, indoor commercial recreation, outdoor commercial recreation, indoor commercial entertainment, and amusement arcades with accessory sale or service of alcohol.
o Amend the 1,000-foot distance requirement between off-site alcohol establishments to exempt grocery stores, specialty stores, restaurants, and breweries/wineries/distilleries. o Remove the distance requirement prohibiting alcohol establishments on lots with a pool hall, cyber cafe, arcade, or massage establishment (primary use), movie theater, bowling alley, or retail store in all zones.
Amendment #3: Establish a Public Convenience or Necessity (PCN) Procedure Certain alcohol licenses require a determination of a "public convenience or necessity (“PCN”).
A PCN determination is a process required by the State Department of Alcoholic Beverage Control (“ABC”) under Business and Professional Code (“BPC”), Division 9, Chapter 6, Article 1, Section 23958.4 that requires ABC to deny an application for a State alcohol license if the application (new or transfer) results in “undue concentration.” ABC defines an undue concentration as meeting at least one of the following criteria: 1) The subject property is located a “high crime” area based on local crime statistics and/or 2) The subject property is located in a census tract where the ratio of existing on- or off-sale alcohol licenses to population in the census tract already exceeds or would exceed the maximum alcohol licenses set by ABC therefore resulting in an overconcentration.
However, under State law, if the local municipality makes an independent determination that public convenience or necessity would be served by the issuance of the alcohol license, then ABC may grant the license. Currently, ABC accepts PCN determination from the City Council, however, the CMC does not contain any application procedures or required findings to make the PCN determination.
Proposed Amendment:
The proposed amendments include amending Part 2 of Chapter 20.52 to reflect the following
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changes:
o Establish applicability for PCN determinations pursuant to California Business and Professions Code Section 23958.4(b)(2) whenever an “applicant” of an ABC liquor license is required by ABC to obtain a determination of public convenience or necessity (PCN) from the local governing body.
o Establish the appropriate review authority for PCN determinations and appoint the Planning Commission with the authority to approve determinations for alcohol licenses subject to approval of a conditional use permit and the Community Development Director with the authority to approve determinations for alcohol licenses subject to approval of a minor conditional use permit, except that the Director may, at their discretion, delegate their determination to the Planning Commission.
o Establish issuance or denial procedures and required findings for PCN determinations to ensure an alcohol license will not be detrimental to the public interest, health, safety, convenience, or welfare.
Amendment #4: Revise and Add Alcohol Use Definitions
Alcohol Sales definitions are currently located in Chapter 20.88 of the Zoning Code and contain only six (6) definitions – “alcoholic beverages”, “beer and wine convenience store”, “grocery stores selling liquor”, “liquor store”, “off-site”, and “on-site. This amendment proposes to enhance the organization of the Zoning Code by consolidating all alcohol sale definitions within Part 2 of Chapter 20.52 (Alcohol Sales). Further, it proposes adding revised definitions for eleven (11) existing terms currently in Chapter 20.88 and nine (9) new alcohol sale-specific terms in Part 2 of Chapter 20.52. These amendments aim to clarify distinctions between various alcohol sale land uses to improve the readability and clarity of the Zoning Code.
Proposed Amendment:
The proposed amendment includes amending Part 2 of Chapter 20.52 and Chapter 20.88 to reflect the following changes:
o Establish a section, Section 20.52.070, to relocate all existing alcohol sale definitions from Section 20.88.020, which include: “alcoholic beverages”, “beer and wine convenience store”, “grocery stores selling liquor”, “liquor store”, “off-site alcohol sales”, and “on-site alcohol sales”.
o Include minor amendment to land use definitions from other sections of Chapter 20.88 and add these definitions to Section 20.52.070, which include: “amusement arcade”, “bars and cocktail lounges”, “restaurant”, “brewery/winery/distillery”, “casino”, “gambling game”, “indoor commercial recreation”, “indoor commercial entertainment”, “outdoor commercial recreation”, “specialty store”, and “vehicle service station”. o Establish alcohol sale specific definitions for: “alcohol beverage sales”, “Alcoholic Beverage Control (ABC)”, “letter of public convenience or necessity”, “off-site, accessory alcohol sale and consumption”, “on-site, accessory alcohol sale and consumption”, “primary entrance”, “public playground”, “religious institution”, and “school”.
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o All alcohol sales definitions will be defined in Section 20.52.070 and shall be listed in Chapter 20.88.020 with reference to Part 2 of Chapter 20.52.
Amendment #5: Consolidate, Add, and Expand Conditions of Approval The City’s Zoning Code currently requires specific conditions of approval in Part 2 of Chapter
20.52 for restaurants, grocery stores selling liquor, beer and wine convenience stores, and vehicle service stations selling beer and wine. The proposed amendment consolidates these conditions, applies them to all alcohol sale uses, and includes the addition of new conditions of approval. Further, all new alcohol licenses require a mandatory annual review by the Community Development Director. Such annual reviews place a burden on business owners.
The proposed amendment aims to streamline ongoing review processes, provide greater efficiency, and maintain mechanism to ensure alcohol establishments are regulated and not detrimental to public safety, health, or general welfare.
Proposed Amendment:
The proposed amendments include amending Part 2 of Chapter 20.52 to reflect the following changes:
o Establish new sections listing applicable requirements and conditions of approval which were previously only applied to certain alcohol uses and expand upon these requirements and conditions for all businesses engaged in alcoholic beverage sales and services. o Establish additional conditions of approval and requirements for all off-site alcohol licenses. o Remove the compulsory Annual Reviews of alcohol licenses o Amend the requirement from compulsory annual review to only apply the first year following approval. After the initial review, the Community Development Director shall have the authority to inspect any licensed establishment or request a comprehensive review of an alcohol license, including the business’s compliance with any required conditions of approval, at any reasonable time.
The redlines associated with all amendments, which show deletions in strikethrough and additions in underlines, can be found in Attachment D.
ANALYSIS
General Plan Consistency
The proposed amendments in ZOTA No. 2025-01 are consistent with General Plan goals and policies in the Economic Development Element (“ED”) including ED-1.7, ED-2.3, ED-2.4, ED-2.5, ED-5.2 and ED-5.5 because it aims to harness the economic potential of new and existing businesses along the Atlantic Avenue Districts by providing flexible requirements to permit alcohol sale and consumption, and establishes an administrative approval process for certain accessory alcohol uses to encourage a diversity of land uses. Additionally, the proposed amendments further implement Program 1 (Amended Development Code and Zoning Map) by streamlining the permitting review process for alcohol permits and Program 3 (Plan Review and
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Permitting Process) by continuing to review and revise procedures as needed. The amendments proposed in ZOTA No. 2025-01 revise the permit requirements and approving authority to establish a new administrative permit and approval authority for certain land uses, clarifies the method of measuring distance requirements and modifies the distance requirements for certain land uses, establishes the procedure and findings for determining Public Convenience or Necessity (“PCN”) when required by Business and Professions Code (“BPC”) § 23958.4(b)(2), revises and adds new definitions related to alcohol uses and consolidates, adds, and expands the applicability of business requirements, conditions of approval, and annual reviews.
Zoning Consistency
ZOTA No. 2025-01 is consistent with the goals and purpose of the Zoning Code by further implementing General Plan goals and policies. Additionally, City staff have prepared the required findings for ZOTA No. 2025-01, which are referenced in Section 3 of the Resolution included as Attachment A.
Economic Development Strategic Plan
The Economic Development Strategic Plan (“EDSP”), adopted on September 5, 2023, serves as a comprehensive framework for guiding economic growth and revitalization within the city.
The EDSP identified development constraints and opportunities for Atlantic Avenue, the City’s primary commercial corridor. To support the long-term economic vitality of Atlantic Avenue, the EDSP emphasizes the importance of community and economic development initiatives that foster investment, attract businesses, and enhance the area's overall diversity. ZOTA No. 2025- 01 furthers the intent of the EDSP by streamlining permit processing for alcohol use permits and removing certain existing restrictions to allow for greater flexibility. By allowing for greater flexibility, the ZOTA aims to create a more business-friendly environment, encouraging entrepreneurship and economic revitalization along Atlantic Avenue in support of the EDSP.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (“CEQA”) is a statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible. CEQA applies to certain activities that affect the environment of state and local public agencies. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." A project is an activity undertaken by a public agency or a private activity which must receive some discretionary approval (meaning that the agency has the authority to deny the requested permit or approval) from a government agency which may cause either a direct physical change or a reasonably foreseeable indirect change in the environment.
The ZOTA has been assessed in accordance with the CEQA (Pub. Res. Code § 21000 et seq.), the CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the environmental regulations of the City. In conformity with CEQA and State CEQA Guidelines, the proposed ZOTA is
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categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). ZOTA No. 2025-01 is intended to revise, clarify, and establish processes for alcohol use permits for on- and off-site alcohol sales and consumption.
The approval of this ZOTA would result in no physical improvements or developments and future projects would be subject to CEQA and environmental review. Further, pursuant to CEQA Guidelines Section 15378, the ZOTA would not cause reasonably foreseeable direct or indirect physical changes in the environment because no specific activity is authorized. Therefore, it can be seen with certainty that the ZOTA would not result in any effects on the environment and the action(s) are exempt from the provisions of CEQA.
CONCLUSION
For the reasons discussed above and the information attached to this report, the proposed zoning ordinance text amendment conforms to the General Plan and Economic Development Strategic Plan. The proposed amendment would not have an adverse effect on the public, health, safety, or general welfare. Therefore, City staff recommend approval of this request, which in summary are to modernize the CMC to reflect good planning practices and remove existing barriers to business relating to alcohol uses.
FINANCIAL IMPACT
There would be no negative impact on the General Fund The ZOTA was prepared by City staff and the cost for the publication is funded through the General Fund (Account: 100-4008-6310- 100 (Advertising)).
PUBLIC NOTICE AND COMMENTS
The zoning ordinance text amendment was noticed in accordance with the City’s public noticing requirements, which involved publication in the local paper as provided in Attachment E. As of the writing of this report, staff has not received public comments.
ATTACHMENTS
A. Draft Ordinance No. 760
B. Planning Commission Resolution No. 2025-01
C. Summary Table
D. Redline Text Amendments
E. Newspaper Publication
ORDINANCE NO. 760
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA ADOPTING ZONING CODE TEXT
AMENDMENT NO. 2025-01 AMENDING CHAPTERS 20.20
(COMMERCIAL AND INDUSTRIAL ZONES), 20.28 (MIXEDUSE ZONES), 20.52 (STANDARDS FOR SPECIFIC LAND USE ACTIVITIES), 20.84 (PERMIT PROCEDURES), AND
20.88 (DEFINITIONS) OF TITLE 20 (ZONING) OF THE
CUDAHY MUNICIPAL CODE RELATING TO ALCOHOL USE
PERMITS..
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 Zoning Ordinance Text Amendment No. 2025-01 (“ZOTA”) amending Chapters 20.20 (Commercial and Industrial Zones), 20.28 (Mixed-Use Zones), 20.52 (Standards for Specific Land Uses and Activities), 20.84 (Permit Procedures) and 20.88 (Definitions) in Title 20 (Zoning), (the “Zoning Code”) of the Cudahy Municipal Code (“CMC”), to achieve the following: (1) establish a new administrative permit and approval authority for alcohol use permits; (2) clarify and modify the method for measuring and distance requirements for certain land uses; (3) establish a procedure and findings for making a Public Convenience or Necessity (“PCN”) determination for alcohol license applications; (4) revise and add new definitions related to alcohol uses; and (5) consolidate, add, and expand conditions of approval for alcohol use permits; and
WHEREAS, the proposed ZOTA addresses several provisions in the CMC regulating alcohol use permits that require amendment to ensure consistency between City policies and State law, alleviate regulatory barriers to new and existing businesses, clarify regulations, and modernize regulations to reflect good planning practices to better serve the public; and
WHEREAS, the ZOTA is consistent with the goals and policies of the Cudahy 2040 General Plan (“General Plan”) and furthers the priorities of the Economic Development Strategic Plan (“EDSP”); and
WHEREAS, on March 17, 2025, 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 to the City Council approval of ZOTA No. 2025-01 amending Chapters Chapters 20.20 (Commercial and Industrial Zones), 20.28 (Mixed-Use Zones), 20.52 Attachment A Page 105 of 297
Ordinance No. 760
(Standards for Specific Land Uses and Activities), 20.84 (Permit Procedures) and 20.88 (Definitions) of Title 20 (Zoning) in a 4-0 vote; and
WHEREAS, pursuant to Government Code §§ 65090, 65091 and 65854, this matter was duly noticed and posted for a public hearing held on April 15, 2025, at 6:30 P.M. consistent with CMC Chapter 20.84 (Permit Procedures) for a ZOTA application; and
WHEREAS, on April 15, 2025, 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. 760 amending the CMC; and
WHEREAS, the Community Development Director is authorized to make minor updates to the proposed amendment prior to 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 and incorporated herein by this reference.
SECTION 2. California Environmental Quality Act. ZOTA No. 2025-01 has been assessed in accordance with the California Environmental Quality Act (“CEQA”) (Pub.
Res. Code § 21000 et seq.), the CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the environmental regulations of the City. The proposed amendment to Title 20 of the CMC is categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). The ZOTA No. 2025-01 is intended to revise, clarify, and establish processes for alcohol use permits for on- and offsite alcohol sales and consumption. The approval of this ZOTA No. 2025-01 would result in no physical improvements or developments and future projects would be subject to CEQA and environmental review. Further, pursuant to Section 15378 of the CEQA Guidelines, ZOTA No. 2025-01 would cause no reasonably foreseeable direct or indirect physical changes in the environment because no specific activity is authorized. Therefore, it can be seen with certainty that the adoption of this ordinance would result in no direct or indirect environmental impacts.
SECTION 3. After considering ZOTA No 2025-01 on the basis for approval or denial as stated in Section 20.84.510 (Proceedings) of Part 8 (Amendments to the
Ordinance No. 760
General Plan, Zoning Code Text, and Zoning Map) of Title 20 (Zoning) of the CMC, the City Council finds as follows:
ZONING ORDINANCE TEXT AMENDMENT NO. 2025-01
A. Finding: The amendment is consistent with the goals, policies and objectives of the general plan.
Fact: The proposed amendments in ZOTA No. 2025-01 are consistent with General Plan goals and policies in the Economic Development Element (“ED”) including ED-1.7, ED-2.3, ED-2.4, ED-2.5, ED-5.2 and ED-5.5 because it aims to harness the economic potential of new and existing businesses along the Atlantic Avenue Districts by providing flexible requirements to permit alcohol sale and consumption, and establishes an administrative approval process for certain accessory alcohol uses to encourage a diversity of land uses.
Additionally, the proposed amendments further implement Program 1 (Amended Development Code and Zoning Map) by streamlining the permitting review process for alcohol permits and Program 3 (Plan Review and Permitting Process) by continuing to review and revise procedures as needed. The amendments proposed in ZOTA No. 2025-01 revises the permit requirements and approving authority to establish a new administrative permit and approval authority for certain land uses, clarifies the method of measuring distance requirements and modifies the distance requirements for certain land uses, establishes the procedure and findings for determining Public Convenience or Necessity (“PCN”) for new alcohol license applications as required pursuant to Business and Professions Code (“BPC”) § 23958.4(b)(2), revises and adds new definitions related to alcohol uses and consolidates, adds, and expands the applicability of business requirements, conditions of approval, and annual reviews.
B. Finding: The amendment will not adversely affect surrounding properties.
Fact: ZOTA No. 2025-01 does not involve any physical alterations to the environment and thus would not adversely affect any surrounding properties.
C. Finding: The amendment promotes public health, safety and general welfare.
Fact: ZOTA No. 2025-01 promotes public health, safety, and general welfare because it establishes procedures and findings to make a PCN determination whenever required by Business and Professional Code Section 23958.4 for offsite or on-site consumption alcohol licenses. Further, the proposed amendments would establish an administrative process through a new permit type, Minor Conditional Use Permit (“Minor CUP”), subject to the review and approval of the Community Development Director. The Minor CUP would be available to the following land uses and zoning designations:
Ordinance No. 760
1. Entertainment (“ENT”) Zone: Amusement arcade,
brewery/winery/distillery, indoor commercial recreation, indoor commercial entertainment, outdoor commercial recreation.
2. All Zoning Designations: Restaurant, specialty store, grocery store.
Further, ZOTA No. 2025-01 creates exemptions to the minimum distance requirements for certain land uses, subject to the strict acceptance and adherence of additional conditions and requirements. The exemptions would apply to the following land uses:
1. Exempted from 500-foot Distance Requirement for Religious Institutions, Schools and Other Public Playground: Grocery stores, specialty stores, restaurants, breweries/wineries/distilleries, indoor commercial recreation, outdoor commercial recreation, indoor commercial entertainment, and amusement arcades with accessory sales or service of alcohol may be permitted.
2. Exempted from 1,000-foot Distance Requirement from Other Establishments: Grocery stores, specialty stores, restaurants, breweries/wineries/distilleries.
The amendments will ensure that applications for alcohol licenses adhere to State law. Further, the new administrative process and exemptions to the distance requirements are accompanied by additional requirements aimed at addressing safety and security concerns. Lastly, ZOTA No. 2025-01 includes revisions to provide clarity, correct inconsistencies and consolidate and expand the applicability of conditions of approval. For the reasons stated above, ZOTA No. 2025-01 promotes public health, safety and general welfare.
D. Finding: The amendment serves the goals and purpose of the Zoning Code.
Fact: ZOTA No. 2025-01 is consistent with the goals and purpose of the Zoning Code by further implementing the General Plan goals and policies.
ZOTA No. 2025-01 will provide greater flexibility for land use allowances and promote the development of a full range of appropriate land uses in the City’s only commercial corridor located on Atlantic Boulevard. 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. 760
Fact: ZOTA No. 2025-01 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. Any provision of the CMC that is inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. 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. 760, and as shown in Exhibit A attached hereto.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this 15th day of April 2025.
______________________________
Elizabeth Alcantar Loza
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk
Ordinance No. 760
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, Secretary of the City Council of the City of Cudahy, hereby certify that the foregoing Ordinance No. 760 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the Secretary of the City Council at a meeting of said Council held on the 15th of April 2025 and that said Ordinance was adopted by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Richard Iglesias
City Clerk
Ordinance No. 760
EXHIBIT “A”
ZOTA No. 2025-01 Code Amendment Summary Redlines
Attachment B
EXHIBIT A
ORDINANCE No. XXX
ZOTA No. 2025-01 Text Amendment Summary Redlines
The proposed language modifications area is shown below as strikethrough deletions and underline font additions.
1. 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) is amended to include the following 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
P CUP CUP CUP
Office, business and
professional
P CUP P P In LI Zone, accessory
office uses are limited
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
to 25% of building floor
area.
Eating and Drinking Establishments
Bars and cocktail
lounges
-- CUP -- -- See
Breweries/wineries for
brewpubs and winetasting.
Restaurant P P P CUP 20.52 Part 2 (Alcohol
Sales)
Restaurant, drivethrough
establishment
-- -- -- --
Outdoor dining P P P CUP
Education
Schools, colleges and
universities
-- -- CUP CUP 20.32 Part 2 (Urban
Agriculture Overlay
Zone)
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
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)
Accessory alcohol
sale and
consumption
permitted through
Minor CUP in Ent
Zone only.
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Commercial cannabis
production activity
business
-- CUP CUP CUP Commercial cannabis
permit and
development
agreement required.
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.
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
20.20.020
Heavy industrial -- -- -- CUP
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 -- -- -- --
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Medical-Related and Care Uses
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)
20.52 Part 2 (Alcohol
Sales)
Casinos and
gambling games
-- CUP -- -- 5.08
20.52 Part 2 (Alcohol
Sales)
Commercial
recreation, indoors
-- P CUP CUP 20.32 Part 2 (Urban
Agriculture Overlay
Zone)
(for youth centers)
20.52 Part 2 (Alcohol
Sales)
Commercial
recreation, outdoors
-- CUP CUP CUP 20.32 Part 2 (Urban
Agriculture Overlay
Zone)
(for youth centers)
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
Health and physical
fitness facilities
-- P P CUP
Commercial
entertainment,
indoors
-- P CUP CUP 20.52 Part 2 (Alcohol
Sales)
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)
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Live/work units CUP -- P CUP 20.52 Part 11
(Live/Work Units)
Transitional and
Supportive Housing
CUP P CUP --
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)
Auction houses -- -- -- CUP
Building material
sales and services
-- -- CUP P
Food and Beverage Sales
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
a. Grocery stores
(includes large, fullservice markets)
P CUP CUP CUP 20.52 Part 2 (Alcohol
Sales)
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 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
Recreational
equipment sales and
rentals
P CUP P P In Ent Zone, only
permitted on the
ground floor in a
mixed-use
development
Retail sales P 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
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Tobacco shop CUP CUP CUP CUP 20.52 Part 15
(Tobacco Shops and
Smoking Lounges)
Vehicle, rentals -- -- CUP CUP
Vehicle, sales -- -- CUP CUP
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
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
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)
Repair services,
appliance and small
equipment
-- -- P P
Personal services,
convenience and
improvement
P P P P
Adult-oriented
businesses
-- CUP -- CUP 20.52 Part 1
(Adult-Oriented
Businesses)
Tattoo shop -- -- CUP CUP
Vehicle, automobile
washing
-- -- CUP CUP
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Vehicle, major repair -- -- CUP CUP
Vehicle, minor repair -- -- CUP P
Vehicle, service
station
CUP CUP CUP CUP 20.52 Part 14
(Service Stations)
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
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
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)
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
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
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)
20.84.260 (Allowed
temporary uses)
Vending machines A A A A 20.20.050(B)
2. 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) is amended to include the following 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
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)
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
Outdoor dining P P
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)
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)
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
Hazardous waste facilities -- --
Laboratory -- --
Light industrial,
manufacturing and
assembly
-- --
Heavy industrial -- --
Recycling, collection facility CUP --
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
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
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
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)
P P
Recreation and Entertainment
Amusement arcade CUP -- 20.52 Part 3
(Amusement Arcades)
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
20.52 Part 2 (Alcohol
Sales)
Casinos and gambling
games
-- -- 20.52 Part 2 (Alcohol
Sales)
Commercial recreation,
indoors
CUP -- 20.32 Part 2
(Urban Agriculture Overlay
Zone) (for youth centers)
20.52 Part 2 (Alcohol
Sales)
Commercial recreation,
outdoors
CUP -- 20.32 Part 2
(Urban Agriculture Overlay
Zone) (for youth centers)
20.52 Part 2 (Alcohol
Sales)
Health and physical fitness
facilities
P CUP
Commercial entertainment,
indoor
CUP CUP 20.52 Part 2 (Alcohol
Sales)
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
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
(Live/Work Units)
Supportive and transitional
housing
P P 20.16.040(H)
Low Barrier Navigation
Centers
P P
Single-Room Occupancy P P
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
Accessory Dwelling Unit P P 20.52 Part 19
Retail Uses
Alcohol beverage sales CUP CUP 20.52 Part 2
(Alcohol Sales)
Building material sales and
services
-- --
Cannabis retailer -- P Retail cannabis business
permit required.
5.30 (Cannabis Retailers)
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)
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
d. Liquor stores -- --
Pawn shop CUP --
Pet stores, inclusive of
grooming services
P --
Plant nursery -- --
Recreational equipment
sales and rentals
P --
Retail sales P P
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 --
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
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 --
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
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
(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 --
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 -- --
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
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
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
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
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
Outdoor storage and
display
C C 20.28.020(E)(2) through
(E)(5)
20.84.260
(Allowed temporary uses)
Vending machines A A 20.20.050(B)
3. Section 20.52.060 (Intent and Purpose) of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is amended to include the following modifications:
The purpose of regulating alcohol sales is to establish a comprehensive set of regulations regarding the placement, location, and development of various types of facilities that sell or serve alcohol to ensure compatibility with surrounding properties and minimize potentially adverse impacts. These regulations shall apply to the sale of alcohol as defined in this Chapter. in Chapter 20.88 CMC (Definitions).
4. Section 20.52.090 (Vehicle service station selling beer and wine for off-premises consumption) of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is renumbered as Section 20.52.120 and is amended to include the following modifications:
A. Conditional Use Permit Required. Any vehicle service station otherwise permitted in the relevant zoning classification may only sell for off-premises consumption beer and wine as defined in California Business and Professions Code Sections 23006 and 23007, as those code sections may be amended, supplemented, or renumbered, only with a valid conditional use permit, which shall be subject to at least yearly review by the community development director and which may shall contain but need not be limited to all conditions required under CMC Section 20.52.090, CMC Section 20.52.100, and the following additional conditions:
1. Sale of beer and wine shall be limited to the hours between 10:00 a.m. and 10:00 p.m.
2. The sale of beer in quantities of fewer than six cans or bottles is prohibited, and no alcoholic beverage shall be sold in unit quantities less than the distributor’s intended resale units.
3. Sale of malt liquor is prohibited.
4.2. At all times between the hours of 10:00 a.m. and 10:00 p.m. or when beer and wine is offered for sale if it is offered for sale at fewer hours, there shall be at least two attendants on duty, one of whom shall be responsible for the sale of beer and wine.
5.3.At all times between the hours of 10:00 a.m. and 10:00 p.m. or when beer and wine is offered for sale if it is offered for sale at fewer hours, any attendant who is authorized to sell beer and/or wine must have participated in a licensee education on alcohol and drugs class put on by the California Department of Alcoholic Beverage Control or a similar class approved by the city or must participate in such class within two months of his or her employment as a sales clerk. Establishments must maintain proof of such attendance on the premises and present such proof upon request to the Community Development Department.director of community development.
6. The Sheriff’s Department has the power to determine if continuing law enforcement problems exist at the vehicle service station and if he or she determines such, he or she may require the presence of a city-approved doorman and/or security personnel.
7. The conditional use permit conditions shall be placed on the property in a location and in a manner where employees can easily read the conditions.
8. All alcoholic beverages sold must be bagged in clear plastic bags. Use of brown paper or other opaque bags or packaging is prohibited.
9. Any other condition(s) deemed necessary or appropriate by the city to protect the health and welfare of its residents.
B. Special Requirements. Pursuant to California Business and Professions Code Section 23790.5, decisions to grant or deny Approval of a conditional use permit applications for the concurrent sale of motor vehicle fuel and beer and wine for off-site consumption shall be made in conformance with and pursuant to California Business and Professions Code Section 23790.5 based upon written findings, which are based on substantial evidence in light of the whole record justifying the decision. All parties shall be given the opportunity to present at the hearing on the conditional use permit application.
5. Section 20.52.070 (Alcoholic beverages and services) of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is renumbered as Section 20.52.090, retitled to “Distance Requirements“, and amended to include the following modifications:
Any sale and serving of alcoholic beverages for off-site and/or on-site consumption shall be prohibited unless the city planning commission has approved a conditional use permit. The following regulations shall apply to all businesses engaged in alcoholic beverage sales and services:
The following distance requirements shall apply to all businesses engaged in alcoholic beverage sales and services, as applicable:
A. Measurement of Distance Requirements. For the purpose of Part 2 of Chapter 20.52 (Standards for Specific Land Uses and Activities), all distance requirements shall be measured from the primary entrance of each business or use. In instances where a single primary entrance cannot be determined, the distance requirements shall be measured from the subject parcel of the use.
1. Measurements taken from the primary entrance of a business or use shall be measured in a straight line from the center of the primary entrance, without regard for intervening structures or objects.
2. Measurements taken from the parcel shall be measured in a straight line from all points along the parcel lines of the subject parcel of the use, without regard for intervening structures or objects.
AB. Distance Requirements to Religious Institutions, Schools, or Other Public Playgrounds. 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.
1. Exemptions: Grocery stores, specialty stores, restaurants, breweries/wineries/distilleries, indoor commercial recreation, outdoor commercial recreation, indoor commercial entertainment, and amusement arcades with accessory sale or service of alcohol may be permitted within 500 feet of such uses subject to the following conditions:
a. All alcoholic beverages sales, offerings, and consumption shall be conducted completely within an enclosed building on premises, except for permitted outdoor seating areas for on-site uses. b. There shall be no exterior advertising or signage of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of beer, wine, and distilled spirits.
c. Any employee who is authorized to sell alcohol must have participated in a licensee education on alcohol and drugs class put on by the California Department of Alcoholic Beverage Control or must participate in such class within two months of employment.
Establishments must show proof of such attendance on the premises and present such proof upon request by the director of community development.
d. Interior and exterior surveillance cameras shall be installed and maintained in working condition and a detailed security plan must be approved and on file with the Community Development
Department. The security plan must include the following details:
i. Up-to-date and complete contact information for individuals responsible for the business (e.g. business owner(s),
operations manager, etc.);
ii. Procedures for preventing persons under the age of 21 from receiving or consuming alcohol;
iii. Training provided to the establishment’s personnel, including conflict resolution training, procedures for
handling violent incidents and emergencies, as well as the establishment’s procedures for contacting the Los Angeles County Sherrif’s Department;
iv. Procedures for crowd control and preventing overcrowding; v. Procedures to monitor beverage sales and patron behavior; vi. Number and location of interior and exterior security cameras;
vii. Location of alcohol storage areas;
viii. Location of alcohol service areas.
e. Any other condition(s) deemed necessary or appropriate by the city to protect the health and welfare of its residents.
B.C 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.
1. Exemptions: Grocery stores, specialty stores, restaurants, breweries/wineries/distilleries,
D. Distance Requirements for Beer and Wine Convenience Stores. All beer and wine convenience stores must meet the following additional distance requirements.
1. The parcel upon which the establishment is proposed to be located is not within 500 feet of a lot upon which another beer and wine convenience store is located.
2. The parcel upon which the establishment is proposed to be located is not within 500 feet of a lot zoned for residential purposes or mixed use with a residential component.
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 use in the Entertainment Zone.
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.
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.
6. Section 20.52.070 is retitled as “Definitions” of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) and shall read as follows:
20.52.070 Definitions.
For the purpose of Part 2 of Chapter 20.52 (Standards for Specific Land Uses and Activities), the words and phrases herein shall have the following meanings ascribed to them unless the context clearly requires the contrary.
This list of terms is designed to clarify the zoning code’s intent as it relates to alcohol sales.
A. Alcoholic Beverage Control (ABC). The California State Department of Alcoholic Beverage Control.
B. Alcohol beverage sales. A retail establishment where alcoholic beverages are sold for consumption off the premises. This classification excludes grocery stores, specialty stores, and beer and wine convenience stores that may sell alcoholic beverages incidental to the primary use.
C. Alcoholic beverages. A fermented or distilled beverage including alcohol, spirits, liquor, wine, beer, and every other liquid or solid containing alcohol, spirits, wine, or beer which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
D. Amusement arcade. Any place open to the public where five or more amusement games are maintained for use by the public. When only a portion of the premises is used for the operation of amusement games, only that portion shall be considered as an amusement arcade.
E. Bars and cocktail lounges. Establishments where alcoholic beverages are sold for consumption on the premises and which must consist of a minimum gross floor area of 3,000 square feet, excluding any floor area dedicated to restaurant space. This classification excludes restaurants and commercial recreation uses that may serve alcoholic beverages incidental to the primary use.
F. Beer and wine convenience store. Any proposed retail establishment, other than a vehicle service station, which sells a variety of products and which is less than 23,000 square feet in gross floor area, and which is proposed to sell for off-premises consumption of beer and wine as defined in California Business and Professions Code Sections 23006 and 23007, as those code sections may be amended, supplemented, or renumbered, for off-premises consumption, shall be deemed for the purpose of this section a beer and wine convenience store. This classification excludes retail establishments with total yearly alcohol sales that make up more than twenty-five percent (25%) of the establishment’s total yearly gross sales.
G. Brewery/winery/distillery. An establishment which produces ales, beers, meads, hard ciders, wine, liquor and/or similar beverages on site.
Breweries and wineries may also serve beverages on site and sell beverages for off-site consumption in keeping with the regulations of the State Department of Alcoholic Beverage Control (ABC) and the Federal Bureau of Alcohol, Tobacco, and Firearms (ATF).
H. Casino. كA business or enterprise licensed pursuant to the provisions of Chapter 5.08 CMC, Article XVIII, for the playing of any gambling game.
I. Gambling game. Any game conducted, dealt or carried on with cards, dice, dominos or devices, for money, checks, chips, credit or any representative of value if chance is any determining factor in the result of the game.
J. Grocery stores selling alcohol. Any proposed retail establishment with self-service food, beverage, and associated consumer goods divided into departments, other than a vehicle service station, which will consist of 23,000 square feet or more in gross floor area and which is proposed to sell alcohol for off-premises consumption. This classification excludes retail establishments with total yearly alcohol sales that make up more than twenty-five percent (25%)of the establishment’s total yearly gross sales.
K. Indoor commercial recreation. Establishments providing indoor participant or spectator recreation, for a fee or admission charge including, but not limited to, uses such as billiards and pool halls, bowling alleys, family fun centers, indoor rock climbing, and skating rinks.
L. Indoor commercial entertainment. An establishment offering predominantly spectator uses conducted within an enclosed building including, but not limited to, uses such as motion picture theaters, live performance theaters, meeting halls, and dance halls.
M. Letter of Public Convenience or Necessity. A letter written, pursuant to Business and Professions Code 23817.7 and 23958.4, to Alcoholic Beverage Control by the City setting forth that the City has determined that public convenience or necessity would be served by the issuance of a license to sell alcoholic beverages at the requested location.
N. Liquor store. A retail store, of any size, where the establishment’s total yearly alcohol sales make up more than twenty-five percent (25%) of the establishment’s total yearly gross sales, and is not limited to beer and wine.
O. Off-site alcohol sales and consumption. The consumption of an alcoholic beverage off the premises of an establishment wherein alcoholic beverages are sold, served, or given away. This classification excludes uses otherwise defined in this section.
P. Off-site, accessory alcohol sale and consumption. The accessory sale of alcohol for consumption off the premises of an establishment which is additional, incidental, supportive, or subordinate to the primary use of a business. The floor area dedicated to such accessory use shall not exceed twenty-five percent (25%) of the total service area of the establishment. This classification excludes uses otherwise defined in this section.
Q. On-site alcohol sale and consumption. The consumption of alcoholic beverages on the premises of an establishment wherein alcoholic beverages are sold, served, or given away. 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. This classification excludes uses otherwise defined in this section.
R. On-site, accessory alcohol sale and consumption. The accessory sale and consumption of alcohol on the premises of an establishment which is additional, incidental, supportive, or subordinate to the primary use of a business. The floor area dedicated to such accessory use shall not exceed twenty-five percent (25%) of the total service area of the establishment. This classification excludes uses otherwise defined in this section.
S. Outdoor commercial recreation. Establishments providing outdoor participant or spectator recreation, for a fee or admission charge including, but not limited to, uses such as batting cages, country clubs, golf courses, outdoor rock climbing, and outdoor skating rinks.
T. Primary entrance. The principal entrance through which most members of the public enter a building during operating hours, as defined by Building Code and as may be determined by the Building Official or Community Development Director. Primary entrances do not include drive-up windows, emergency exit doors, employee-only doors, or doors used primarily for loading and delivery.
U. Public playground. A park, playground, or recreational area specifically designed to be used by children that may have play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on school grounds, or on any land under the control, operation, or management of the city or any other public agency.
V. Religious institution. A facility used for religious worship and incidental religious education and/or activities. This definition shall not include schools, facilities used for religious worship and incidental religious education located in residences or multitenant buildings, or facilities used solely for administrative functions incidental to religious worship and incidental religious education and/or activities,
W. Restaurant. A place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation, and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on the premises, and must comply with all regulations of the local department of health. Any establishment, business, or facility that
satisfies the foregoing criteria, but has areas designated for uses other than food preparation or consumption, such as a bar/lounge area, billiards, dart boards and the like, in excess of twenty-five percent (25%) of the total service area of the establishment, shall not be deemed a “restaurant.”
X. School. An educational institution for children, including, but not limited to, elementary, middle/junior, and high schools, and charter schools. This definition does not include colleges and universities, business and professional schools, tutoring and education centers, or nontuition parttime instruction at places of religious assembly.
Y. Specialty store. Business establishments where the primary use involves the specialty retail sales of food and beverages for off-site preparation and consumption such as delis, coffee shops, bakeries, and produce stores. This classification excludes establishments with total yearly alcohol sales that make up more than twenty-five percent (25%) of the establishment’s total yearly gross sales.
Z. Vehicle service station. A business establishment primarily engaged in the retail sale of vehicle fuel and lubricants.
7. Section 20.52.080 (Restaurants) of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is repealed in its entirety.
Any bona fide restaurant otherwise permitted in the relevant zoning classification may serve alcohol for on-premises consumption only with a valid conditional use permit which shall be subject to at least yearly review by the community development director and which may contain but need not be limited to the following conditions:
A. Maximum Sales. The restaurant’s total yearly alcohol sales make up no more than 25 percent of the restaurant’s total yearly gross combined food and alcohol sales.
B. 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.
C. Other Conditions. Any other condition(s) deemed necessary or appropriate by the city to protect the health and welfare of its residents.
D. 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.
8. Section 20.52.080 is retitled to “Designated approving authority” of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) and shall read as follows:
20.52.080 Designated approving authority.
Any sale and serving of alcoholic beverages for off-site and/or on-site consumption shall be prohibited unless permitted or conditionally permitted by this Title and approved by the appropriate approving authority, as designated in Table. 20.52-2 below. The approving authority shall approve, conditionally approve, or deny applications based upon information provided by the applicant, by making the applicable findings required for a particular permit or approval in accordance with the requirements Part 5 of Chapter 20.84 CMC and Section 20.52.100, and other laws and regulations. A final action of the approving authority may be appealed to the Appeal Authority, pursuant to procedures set forth in CMC 20.84.160.
Table 20.52-2. Required Permit and Approving Authority
Alcohol Sale Use Permit Required Approval Authority
Alcohol beverage sales CUP Planning Commission
Amusement arcade CUP, except Minor
CUP in Ent Zone
only
Planning Commission,
except Director in Ent
Zone
Bars and cocktail
lounges
CUP Planning Commission
Beer and wine
convenience store
CUP Planning Commission
Brewery/winery/distillery CUP, except Minor
CUP in Ent Zone
only
Planning Commission,
except Director in Ent
Zone
Casinos and gambling
games
CUP Planning Commission
Grocery store Minor CUP Director
Indoor commercial
recreation
CUP, except Minor
CUP in Ent Zone
only
Planning Commission,
except Director in Ent
Zone
Indoor commercial
entertainment
CUP, except Minor
CUP in Ent Zone
only
Planning Commission,
except Director in Ent
Zone
Liquor store Not Permitted in
any zone
--
Off-site, accessory
alcohol sale or use
CUP, unless
otherwise stated
herein
Planning Commission,
unless otherwise
stated herein
On-site, accessory
alcohol sale or use
CUP, unless
otherwise stated
herein
Planning Commission,
unless otherwise
stated herein
Outdoor commercial
recreation
CUP, except Minor
CUP in Ent Zone
only
Planning Commission,
except Director in Ent
Zone
Restaurant Minor CUP Director
Specialty store Minor CUP Director
Vehicle service station CUP Planning Commission
A. Expansion. Any expansion of the use; a change in Alcoholic Beverage Control Board license status, from an off-site to on-site, or from one type of on-site or off-site license to another type of on-site or off-site license; or any transfer of the license issued by the Alcoholic Beverage Control Board shall
not be permitted unless an amendment to a minor conditional use permit or a conditional use permit is first obtained pursuant to the provisions of Chapter 20.84 CMC, Part 5.
9. Section 20.52.100 (Beer and wine convenience store) of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is repealed in its entirety.
A. Geographic Requirements. All beer and wine convenience stores must meet the following geographic requirements:
1. The lot upon which the establishment is proposed to be located is not within 500 linear feet of a lot upon which is located an educational institution, public park, or place of religious assembly.
2. The lot upon which the establishment is proposed to be located is not within 500 linear feet of a lot upon which another such use is located.
3. The lot upon which the establishment is proposed to be located is not within 500 linear feet of a lot zoned for residential purposes or mixed use with a residential component.
B. Conditional Use Permit Required. All beer and wine convenience stores shall be permitted only with a valid conditional use permit, which shall be subject to at least yearly review by the community development director and which may contain but need not be limited to the following conditions:
1. The establishment’s total yearly alcohol sales make up no more than 25 percent of the establishment’s total yearly gross sales.
2. Prior to March 1st of each year, the establishment shall submit to the director of community development yearly financial statements for the prior calendar year or portion thereof if the establishment was not in business for the entire calendar year.
3. Sales of beer and wine shall be limited to the hours between 10:00 a.m. and 10:00 p.m.
4. The sale of beer in quantities of fewer than six cans or bottles is prohibited and no alcoholic beverage shall be sold in unit quantities less than the distributor’s intended resale units.
5. The sale of malt liquor is prohibited.
6. At all times between the hours of 10:00 a.m. and 10:00 p.m. or when beer and wine is offered for sale if it is offered for sale at fewer hours, any sales clerk who is authorized to sell alcohol must have participated in a licensee education on alcohol and drugs class put on by the California
Department of Alcoholic Beverage Control or must participate in such class within two months of his or her employment as a sales clerk.
Establishments must show proof of such attendance on the premises and present such proof upon request by the director of community development.
7. The Sheriff’s Department has the power to determine if continuing law enforcement problems exist at the convenience store, and if he or she determines such, he or she may require the presence of a policeapproved doorman and/or security personnel.
8. The conditional use permit conditions shall be placed on the property in a location where employees can easily read the conditions.
9. All alcoholic beverages sold must be bagged in clear plastic bags. Use of brown paper or other opaque bags or packaging is prohibited.
10. Any other condition deemed necessary or appropriate by the city to protect the health and welfare of its residents.
10.Section 20.52.100 is retitled “General requirements” of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) and shall read as follows:
20.52.100 General Requirements.
The following shall apply to all businesses engaged in alcoholic beverage sales and services, in addition to other conditions as required by this chapter.
A. All conditions of approval for the alcohol license shall be placed on the property in a location where employees can easily read the conditions.
B. There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time unless the proper permits have been obtained from the City of Cudahy.
C. The owner/operator or lessee shall be responsible for the conduct of all employees, including their education concerning Alcohol Beverage Control regulations and provisions of this code pertaining to sales of alcohol (e.g., verification of age of purchaser).
D. The Community Development Department has the authority, should continuing law enforcement problems exist, to determine if the presence of a city-approved doorman and/or security personnel shall be required.
E. Yearly Sales for Accessory Alcohol Sale or Use. The establishment’s total yearly alcohol sales shall make up no more than twenty-five percent (25%) of the establishment’s total yearly gross sales. Prior to March 1st of
each year, the establishment shall submit to the Finance Department yearly financial statements for the prior calendar year or portion thereof if the establishment was not in business for the entire calendar year.
1. Exemptions: Breweries/wineries/distilleries,
F. Review of Alcohol Licenses. All alcohol licenses shall be reviewed one year following the date of permit approval. Subsequent to the initial review, the Community Development Director shall have the authority to inspect any licensed establishment or request a comprehensive review of an alcohol license, including the business’s compliance with any required conditions of approval, at any reasonable time.
G. Any other condition(s) deemed necessary or appropriate by the city to protect the health and welfare of its residents.
11.Section 20.52.110 (Grocery stores selling liquor) of Part 2 (Alcohol Sales) of Chapter
20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is repealed in its entirety.
A. Conditional Use Permit Required. All grocery stores selling liquor shall be permitted only with a valid conditional use permit, which shall be subject to at least yearly review by the community development director and which may contain but need not be limited to the following conditions:
1. The establishment’s total yearly alcohol sales make up no more than 25 percent of the establishment’s total yearly gross sales.
2. Prior to March 1st of each year, the establishment shall submit to the director of community development yearly financial statements for the prior calendar year or portion thereof if the establishment was not in business for the entire calendar year.
3. Alcoholic beverages, as defined in California Business and Professions Code Section 23004, as that code section may be amended or supplemented or renumbered, shall not be sold in quantities smaller than 750 milliliters.
4. The Sheriff’s Department has the power to determine if continuing law enforcement problems exist at the retail establishment and if he or she determines such, he or she may require the presence of a city-approved doorman and/or security personnel.
5. The conditional use permit conditions shall be placed on the property in a location where employees can easily read the conditions.
6. All alcoholic beverages sold must be bagged in clear plastic bags. Use of brown paper or other opaque bags or packaging is prohibited.
7. Any other condition(s) deemed necessary or appropriate by the city to protect the health and welfare of its residents. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018).
12.Section 20.52.110 is retitled “Additional requirements for off-site alcohol licenses” of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) and shall read as follows:
20.52.110 Additional requirements for off-site alcohol licenses.
The following shall apply to all businesses with an approved off-site alcohol license, in addition to other conditions as required by this chapter.
A. All alcoholic beverages sold must be bagged in clear plastic bags. Use of brown paper or other opaque bags or packaging is prohibited.
B. No alcoholic beverages, including beer and wine, shall be consumed on the premises.
C. Alcohol Quantity Requirements.
1. Grocery stores, specialty stores, vehicle service stations, and off-site accessory alcohol sale or use. Alcoholic beverages, as defined in California Business and Professions Code Section 23004, as that code section may be amended or supplemented or renumbered, shall not be sold in quantities smaller than 750 milliliters.
2. Beer and wine convenience stores and vehicle service stations. The sale of beer in quantities of fewer than six cans or bottles is prohibited and no alcoholic beverage shall be sold in unit quantities less than the distributor’s intended resale units.
D. The sale of malt liquor is prohibited at beer and wine convenience stores and vehicle service stations.
E. The sale of alcohol at beer and wine convenience stores shall be limited to the hours between 10:00 a.m. and 10:00 p.m.
13.Add a new section, Section 20.52.125 titled “Public Convenience or Necessity (PCN) determination” of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) and shall read as follows:
20.52.125 Public Convenience or Necessity (PCN) determination.
A. Applicability. Pursuant to the Business and Professions Code Section 23958.4(b)(2), whenever an “applicant”, of an ABC liquor license is required by ABC to obtain a determination of public convenience or necessity (PCN) from the local governing body, the “applicant” shall
follow the provisions set forth in Chapter 20.84 CMC, Part 1, unless otherwise specified in this section below. For the purpose of this section, “Applicant” means the same person(s), business, or entity which has applied for a liquor license with the California State Department of Alcoholic Beverage Control.”
B. Designated Approving Authority. The designated approving authority shall be the same approving authority as the alcohol use listed in Chapter
20.52, Table 20.52-2, with the exception that the Community Development Director shall have the right to delegate a PCN determination to the Planning Commission at their discretion.
C. Issuance or Denial Procedures and Required Findings. The determining authority shall approve or deny the application for a PCN determination within ninety (90) days of receiving a completed application, unless additional information is requested of the Applicant, in which case the determining authority shall approve or deny the application within ninety (90) days of receiving any additional information. The designated authority may either deny the application and specify the grounds upon which the denial is based; or may approve the application, when the determining authority determines that the application complied with the following findings.
1. Issuance of the proposed alcohol license will enhance the quality of life for the public within the area.
2. Issuance of the proposed alcohol license will serve the community surrounding the applicant’s premises.
3. Issuance of the proposed alcohol license will enhance economic viability of the area in which it the premise will be located.
4. Issuance of the proposed alcohol license will not be detrimental to the public interest, health, safety, convenience, or welfare.
14.Section 20.52.140 (Expiration, violation, discontinuance, and revocation) of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is amended to include the following modifications:
20.52.140 Expiration, violation, discontinuance, and revocation.
A. Expiration. Any use permit for alcohol sale or service an alcoholic beverage outlet granted in accordance with the terms of Chapter 20.84 CMC, Part 5 shall expire within twelve (12) months from the date of approval unless a license has been issued or transferred by the California State Department of Alcoholic Beverage Control prior to the expiration date.
B. Time Extension. The planning commission upon referral from the director of community development may grant a time extension for a use permit for an alcoholic beverage outlet for a period or periods not to exceed 12 months.
An application for a time extension shall be made in writing to the director of Community Development Department no less than thirty (30) days or more than ninety (90) days prior to the expiration date.
C. Violation of Terms. The planning commission upon referral from the director of community development may revoke a use permit for alcohol sale or service an alcoholic beverage outlet upon making one or more of the following findings:
1. That the permit was issued erroneously, or on the basis of erroneous or misleading information or misrepresentation.
2. That the terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated.
3. The establishment for which the permit was issued is being operated in an illegal or disorderly manner.
4. Noise from the establishment for which the permit was issued violates noise provisions (CMC 9.04.020).
5. The business or establishment for which the permit was issued has had or is having an adverse impact on the health, safety, or welfare of the neighborhood or the general public.
6. There is a violation of or failure to maintain a valid Alcoholic Beverage Control license.
7. The business or establishment fails to fully comply with all the rules, regulations and orders of the California State Department of Alcoholic Beverage Control.
D. Discontinuance. A use permit for alcohol sale or service an alcoholic beverage outlet shall lapse if the use is discontinued for ninety (90) consecutive days or if the Alcoholic Beverage Control license for the establishment has been revoked or transferred to a different location.
E. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.84 CMC, Part 5, except that all revocation hearings shall be held by the planning commission.
15.Revise the title of Table 20.52-2 in Section 20.52.760 (Requirements applicable to newly constructed or expanded structures) of Part 20 (Accessory Dwelling Units) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) to the following title:
Table 20.52-3 2.
16.Table 20.84-1 (Designating Approving Authority) of Section 20.84.020 (Designating Approving Authority) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) is amended to include the following modifications:
Approving Authority
Type of Permit or Action
Director of
Community
Development
Planning
Commission City Council
General Plan Amendment Review Recommendation Final
Specific Plan Review Recommendation Final
Zone Change or Text
Amendment
Review Recommendation Final
Development Agreement Review Recommendation Final
Minor Deviation Final Appeal Appeal
Conditional Use Permit Review Final Appeal
Minor Conditional Use
Permit (Alcohol)
Final Appeal Appeal
Variance Review Final Appeal
Planned Development
Permit
Review Final Appeal
Tentative Map (CMC Title
19)
Review Final Appeal
Final Map (CMC Title 19) Review Final
Approving Authority
Type of Permit or Action
Director of
Community
Development
Planning
Commission City Council
Lot Line Adjustment (CMC
Title 19)
Review Final Appeal
Major Development
Review Permit
Review Final Appeal
Minor Development
Review Permit
Final Appeal Appeal
Zoning Clearance Final Appeal Appeal
Zoning Code Interpretation Final Appeal Appeal
Temporary Use Permit Final Appeal Appeal
Home Occupation Permits
(Zoning Clearance)
Final Appeal Appeal
Reasonable
Accommodation
Final Appeal Appeal
Accessory Dwelling Unit
Design Variance
Final Appeal Appeal
17.Subsection 20.84.120(A) (Record of Decision) of Part 1 (General Provisions) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) is amended to include the following modifications:
A. Director Decision. The authorized signature of the director of community development on a designated form, or a stamp approval on a set of plans,
shall signify approval of applications for a temporary use permit, zoning clearance, reasonable accommodation, minor conditional use permit, minor deviation, or minor development review.
18.Revise the title of Part 5 (Minor Deviation – Conditional Use Permits, and Variances) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) to read as follows:
Part 5. Minor Deviation –, Minor Conditional Use Permits (Alcohol), Conditional Use Permits, and Variances.
19.Subsections 20.84.300(B) through 20.84.300(C) of Part 5 (Minor Deviation – Conditional Use Permits and Variances) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) are amended to include the following modifications:
B. Intent and Purpose of Minor Conditional Use Permits. The purpose of a minor conditional use permit is to provide an administrative mechanism whereby the community development director can grant approval to certain alcohol uses that, due to the nature of the use, require special review to determine if the use proposed is compatible with surrounding uses, but that are less likely to pose a threat to public health and safety. The granting of a minor conditional use permit shall not adversely affect the health, safety and welfare of the city and neighboring properties, must demonstrate compatibility with zoning regulations and with surrounding properties, and shall be subject to conditions of approval.
B.C Intent and Purpose of Conditional Use Permits. The city recognizes that certain uses, due to the nature of the use, intensity or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses; or if through the imposition of conditions on the development and use, it can be made compatible with surrounding uses. The conditional use permit is provided for this purpose and to ensure compatibility with zoning regulations and with surrounding properties.
C.D. Intent and Purpose of Variances. California Government Code Section 65906 establishes the authority of the city to grant exceptions to development standards and provisions of this zoning code in cases where, because of special circumstances applicable to a particular property or unique characteristics of the property, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning districts.
20.Subsections 20.84.310(B) through 20.84.310(C) (Applicability) of Part 5 (Minor Deviation – Conditional Use Permits and Variances) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) are amended to include the following modifications:
B. Minor Conditional Use Permits. Applications for minor conditional use permits may be submitted only for those uses specified as allowable minor conditional uses in Part 2 of Chapter 20.52. A minor conditional use permit shall not substitute for an amendment to the zoning code text or map.
B. C. Conditional Use Permits. Applications for conditional use permits may be submitted only for those uses specified as allowable conditional uses in the applicable zone district. A conditional use permit may not substitute for an amendment to the zoning code text or map.
C. D. Variances. A variance application shall be filed whenever any deviation from the provisions of this zoning code is proposed. Variances may not be approved for uses or activities not otherwise expressly authorized by this zoning code. A variance may not substitute for an amendment to the zoning code text or map, or for a conditional use permit.
21.Section 20.84.340 is retitled to “Findings and decision for conditional use permits and minor conditional use permits” of Part 5 (Minor Deviation – Conditional Use Permits and Variances) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) and shall read as follows. ك
20.84.340 Findings and decision for conditional use permits and minor conditional use permits.
The planning commission shall consider applications for a conditional use permit and may, with or without conditions, approve any application that is in general accord with the following principles and standards based on findings and conclusions drawn from information and evidence presented at a public hearing.
Conditional use permits shall be granted only when the planning commission determines that the proposed development or activity complies with all of the following findings:
A. 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.
B. 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.
C. Neighborhood Compatibility. The designated approving authority planning commission shall consider the nature, condition, and development of adjacent uses, buildings, and structures and the effect the proposed use may have on such adjacent uses, buildings, and structures.
D. 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.
E. 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.
F. Safety and Welfare. The use will not be detrimental to the public interest, health, safety, convenience, or welfare.
G. Conditions of Approval. The planning commission may apply such conditions to a proposed conditional use as it deems necessary to protect the public health, safety, and general welfare, including but not limited to:
1. Special yards, open spaces, and buffer areas.
2. Fences and walls.
3. Surfacing of parking areas and driveways to specified standards.
4. Street dedications and improvements.
5. Vehicular ingress and egress.
6. Landscaping and maintenance of grounds.
7. Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances, and radiation.
8. Regulation of operating hours for activities affecting normal neighborhood schedules and functions.
9. Regulation of signs and outdoor advertising.
10.Establish a validation period limiting the time in which development may begin.
11.Require a bond or other surety that the proposed conditional use will be removed on or before a specified date, or to guarantee faithful performance of conditions.
12.Require a site plan indicating all details and data as prescribed in this chapter.
13.Require such other conditions as will make possible the development of the proposed conditional use in an orderly and efficient manner and in general accord with all elements of the general plan and the intent and purpose of this zoning code.
14.The planning commission may approve a condition specifying a term for which the conditional use permit is valid.
The community development director shall consider applications for a minor conditional use permit and may, with or without conditions, approve any application that is in general accord with the above principles and standards based on findings and conclusions drawn from information and evidence presented. Minor conditional use permits shall be granted only when the community development director determines that the proposed use complies with findings A through F of this section.
22.Section 20.84.370 (Exceptions to expiration time) of Part 5 (Minor Deviation – Conditional Use Permits and Variances) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) is amended to include the following modification:
The expiration of a minor deviation, minor conditional use permit, conditional use permit or variance shall occur in accordance with Part 1 of this chapter with the following exceptions:
A. Government Uses. Where the planning commission has approved a proposal to acquire land for a governmental enterprise and has approved a variance or conditional use permit therefor, no time limit shall apply to utilization of the permit; provided, that:
1. Within one year of the date of such approval, the governmental agency either acquires the property involved or commences legal proceedings for its acquisition;
2. Immediately after the acquisition of the land or the commencement of legal proceedings for its acquisition, the governmental agency shall place
signs, each with a surface area of not less than 20 square feet but not more than 40 square feet, on the property so that there shall be one sign facing each street bordering the property, with the sign located within 50 feet of the street. Where the property in question is not bounded by any street, the applicant shall erect one sign facing the street nearest the property. Each such sign shall indicate the ownership of the property and the purpose to which it is to be developed; and
3. The governmental agency shall maintain these signs on the property in good condition until such time as the variance or conditional use permit privileges are utilized.
B. Extension. Upon an application received prior to the expiration of a minor deviation, minor conditional use permit, conditional use permit, or variance, the following shall apply:
1. Conditional use permit and variance. The planning commission may extend the expiration date of such permit for a period not to exceed one (1) additional year. Any decision on such an application may be appealed to the city council pursuant to CMC 20.84.160.
2. Minor deviation and minor conditional use permit: The director of community development may extend the expiration date of such approval for a period not to exceed one (1) additional year. If the minor deviation or minor conditional use permit has been approved in conjunction with additional land use entitlements, the expiration date of those entitlements shall supersede.
23.Subsection 20.88.020 (A definitions) of Chapter 20.88 (Definitions) of Title 20 (Zoning) is amended to include the following modifications:
Alcohol Sales.
“Alcoholic Beverage Control (ABC)” as defined pursuant to Part 2 of Chapter 20.52 CMC.
“Alcohol beverage sales” as defined pursuant to Part 2 of Chapter 20.52 CMC.
“Alcoholic beverages” as defined pursuant to Part 2 of Chapter 20.52 CMC. including alcohol, spirits, liquor, wine, beer, and every other liquid or solid containing alcohol, spirits, wine, or beer which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
“Amusement arcade” as defined pursuant to Part 2 of Chapter 20.52 CMC. “Bars and cocktail lounges” as defined pursuant to Part 2 of Chapter
20.52 CMC.
“Beer and wine convenience store” as defined pursuant to Part 2 of Chapter
20.52 CMC. means any proposed retail establishment, other than a vehicle service station, which will consist of less than 23,000 square feet in gross floor area, and which is proposed to sell for off-premises consumption of beer and wine as defined in California Business and Professions Code Sections 23006 and 23007, as those code sections may be amended, supplemented, or renumbered, for off-premises consumption, shall be deemed for the purpose of this section a beer and wine convenience store.
“Brewery/winery/distillery” as defined pursuant to Part 2 of Chapter 20.52 CMC.
“Casino” as defined pursuant to Part 2 of Chapter 20.52 CMC. “Gambling game” as defined pursuant to Part 2 of Chapter 20.52 CMC. “Grocery stores selling liquor” as defined pursuant to Part 2 of Chapter 20.52 CMC. means any proposed retail establishment, other than a vehicle service station, which will consist of 23,000 square feet or more in gross floor area and which is proposed to sell alcohol for off-premises consumption shall be deemed for the purpose of the regulation of alcohol sale a grocery store selling liquor.
“Indoor commercial recreation” as defined pursuant to Part 2 of Chapter
20.52 CMC.
“Indoor commercial entertainment” as defined pursuant to Part 2 of Chapter 20.52 CMC.
“Letter of Public Convenience or Necessity” as defined pursuant to Part 2 of Chapter 20.52 CMC.
“Liquor store” as defined pursuant to Part 2 of Chapter 20.52 CMC. means a retail store, of any size, where the establishment’s total yearly alcohol sales make up more than 25 percent of the establishment’s total yearly gross sales, and not limited to beer and wine.
“Off-site” as defined pursuant to Part 2 of Chapter 20.52 CMC. means the consumption of an alcoholic beverage off the premises of an establishment wherein alcoholic beverages are sold, served, or given away.
“Off-site, accessory alcohol sale and consumption” as defined pursuant to Part 2 of Chapter 20.52 CMC.
“On-site” as defined pursuant to Part 2 of Chapter 20.52 CMC. means the consumption of alcoholic beverages on the premises of an establishment wherein alcoholic beverages are sold, served, or given away. “On-site, accessory alcohol sale and consumption” as defined pursuant to Part 2 of Chapter 20.52 CMC.
”Outdoor commercial recreation” as defined pursuant to Part 2 of Chapter 20.52 CMC.
“Primary entrance” as defined pursuant to Part 2 of Chapter 20.52 CMC. “Public playground” as defined pursuant to Part 2 of Chapter 20.52 CMC. “Religious institution” as defined pursuant to Part 2 of Chapter 20.52 CMC.
“Restaurant” as defined pursuant to Part 2 of Chapter 20.52 CMC. “School” as defined pursuant to Part 2 of Chapter 20.52 CMC.. “Specialty store” as defined pursuant to Part 2 of Chapter 20.52 CMC.
“Vehicle service station” as defined pursuant to Part 2 of Chapter 20.52 CMC.
Zoning Ordinance Text Amendment (ZOTA) No. 2025-01 Summary Exhibit A
Section #
Municipal Code
Chapter and/or
Sections
Description of the Amendments
AMENDMENT #1: ADMINISTRATIVE PERMIT AND REVIEW AUTHORITY 1, 2, 7, 8,
14, 15, 16,
17, 18, 19,
20, 21, 22
20.20.020 (Table
20.20-1) –
Amended; and
20.28.20 (Table
20.28.1) –
Amended; and
20.52.080 –
Repealed; and
20.52.080 –
Retitled and Added;
and
20.52.080 (Table
20.52-2) – Added;
and
20.52.140 (A)-(D) –
Amended; and
20.52.760 (Table
20.52-2) –
Amended; and
20.84.020 (Table
20.84.1) –
Amended; and
20.84.120(A) –
Amended; and
Part 5 of Chapter
20.84 (Title) –
Amended; and
20.84.300 (B)-(C)
– Amended; and
New 20.84.300(B)
– Added; and
20.84.310 (B)-(C)
– Amended; and
New 20.84.310(B)
– Added; and
20.84.340 –
Amended; and
20.84.370 –
Amended; and
This amendment is introduced by City staff to enhance flexibility in the City’s Zoning Code, to streamline the review and approval process, and to lower review costs for certain businesses seeking to offer alcohol sales and consumption as an accessory use. Currently, all alcohol-related uses require approval of a Conditional Use Permit by the Planning Commission. As such, City staff is recommending to adopt a new permit procedure, a Minor Conditional Use Permit, as follows:
• Amend Table 20.84-1 of Section 20.84.020 to designate an approving authority, the community development director, for minor conditional use permits.
• Amend Section 20.84.120 to include minor conditional use permits under director approval.
• Amend the tile of Part 5 (Minor Deviation – Conditional Use Permits, and Variances) of Chapter 20.84 to include minor conditional use permits. • Amend Section 20.84.300 to add minor conditional use permit intent and purpose; and
• Amend Section 20.84.310 to add minor conditional use permit applicability. • Amend Section 20.84.340 to add required findings for minor conditional use permits.
• Amend Section 20.84.370 to establish expiration procedures for minor conditional use permits.
Part 2 of Chapter 20.52 shall clarify which alcohol uses shall be subject to approval of a Minor Conditional Use Permit as follows:
• Include a new table, titled Table 20.52-2, to specify the approval authority for each alcohol use.
• Amend the requirement for a Conditional Use Permit to a Minor Conditional Use Permit for the following uses proposing accessory alcohol sales and consumption in all zones where the use is permitted:
• Grocery stores
• Restaurants
• Specialty stores (ex: deli)
• Amend the requirement for a Conditional Use Permit to a Minor Conditional Use Permit for the following uses proposing accessory alcohol sales and consumption in the Entertainment (Ent) zone:
• Amusement arcade
• Breweries/winery/distillery
• Indoor commercial recreation
• Outdoor commercial recreation
• Indoor commercial entertainment
In addition, the proposed amendment also includes amending use regulation tables in CMC Section(s) 20.20.020 and 20.28.20 to reference the applicability of Part 2 of Chapter 20.52, for land uses which may apply for an alcohol license.
Attachment C Page 174 of 297
AMENDMENT #2: DISTANCE AND LOCATION REQUIREMENTS
5 20.52.070–
Renumbered to
20.52.090 and
Amended.
This amendment is introduced by City staff in an effort to reduce the barriers existing distance requirements place upon the Atlantic Avenue commercial corridor.
Currently, the City Zoning Code mandates a 500-foot distance between alcoholrelated uses and schools, religious institutions, and public playgrounds, a 1,000 distance requirement between off-site alcohol licenses, and prohibits any establishment with an alcohol license from locating on the same parcel as a pool hall, cyber cafe, arcade, massage establishment (primary use), movie theater, bowling alley, or retail store in all zones. The following amendments are proposed:
• Add a new subsection, 20.52.090(A), titled “Measurement of Distance Requirements”, with language clarifying that distance requirements shall be measured between the primary entrances of uses. In any case where there are multiple entrances to a use, distance requirements may be measured from the subject parcel of the use.
• Remove the prohibition on new alcohol licenses within 500-feet of schools, religious institutions, and public playgrounds for the following uses offering accessory alcohol sales and consumption in all commercial and mixed-use zones:
• Grocery store
• Specialty store
• Restaurant
• Breweries/winery/distillery
• Indoor commercial recreation
• Outdoor commercial recreation
• Indoor commercial entertainment
• Amusement arcade
• Add a requirement for the aforementioned alcohol licenses within 500 feet of schools, religious institutions, and public playgrounds to adhere to additional conditions of approval including, but not limited to:
• All alcoholic beverages sales, offerings, and consumption shall be conducted completely within an enclosed building on premises, except for permitted outdoor seating areas for on-site uses. • There shall be no exterior advertising or signage of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of beer, wine, and distilled spirits.
• Any employee who is authorized to sell alcohol must have participated in a licensee education on alcohol and drugs class put on by the California Department of Alcoholic Beverage Control or must participate in such class within two months of employment.
Establishments must show proof of such attendance on the premises and present such proof upon request by the director of community development.
• Interior and exterior surveillance cameras shall be installed and maintained in working condition and a detailed security plan must be approved and on file with the Community Development
Department.
• Exempt grocery stores, specialty stores, restaurants, and breweries/wineries/distillers from 1,000-foot distance requirement between off-site alcohol uses.
• Remove the distance requirement prohibiting alcohol
establishments on lots with a pool hall, cyber cafe, arcade, or massage establishment (primary use), movie theater, bowling alley, or retail store in all zones.
AMENDMENT #3 ESTABLISH A PUBLIC CONVENIENCE OR NECESSITY (PCN) PROCEDURE 13 20.52.125 – Added. This amendment is introduced by City staff to address the lack of procedures or required findings established in the City Zoning Code for the City to make a determination of Public Convenience or Necessity (PCN) pursuant to Business and Professions Code Section 23958.4(b)(2) whenever an applicant of a Alcoholic Beverage Control (ABC) License requires this finding from the local governing body in order to receive a license from the state. The following amendments are designed to establish a procedure to make a PCN determination and to ensure that new alcohol licenses support quality of life, community service, compatibility with the surrounding area, and provide fiscal and economic benefits to the community:
• Add a new section, 20.52.125, titled “Public Convenience or Necessity (PCN) determination”.
• Establish applicability and designate approval authorities for PCN determinations.
• Appoint the Planning Commission with the authority to approve determinations for alcohol licenses subject to approval of a conditional use permit.
• Appoint the Community Development Director with the authority to approve determinations for alcohol licenses subject to approval of a minor conditional use permit, except that the Director may, at their discretion, delegate their determination to the Planning Commission. • Establish findings for PCN determinations, which shall include:
1. Issuance of the proposed alcohol license will enhance the quality of life for the public within the area.
2. Issuance of the proposed alcohol license will serve the community surrounding the applicant’s premises.
3. Issuance of the proposed alcohol license will enhance economic viability of the area in which it the premise will be located.
4. Issuance of the proposed alcohol license will not be detrimental to the public interest, health, safety, convenience, or welfare.
AMENDMENT #4 REVISE AND ADD ALCOHOL USE DEFINITIONS
3, 6, 23 20.52.060 –
Amended; and
20.52.070 –
Retitled and Added;
and
20.88.020 –
Amended.
This amendment is introduced by City staff to improve the organization of the City’s Zoning Code. Currently, the alcohol sales land use definitions are in a separate chapter than all related alcohol sale regulations. This amendment proposes to consolidate alcohol use definitions and regulations into Part 2 of Chapter 20.52. In addition, this amendment would provide further clarification between different alcohol sale land uses which are not currently defined in the City’s Zoning Code and provide thresholds to differentiate accessory alcohol sales and primary alcohol sales with the addition of new definitions.
• Include all alcohol sales definitions from Section 20.88.020, in Section
20.52.070, which include definitions for:
o Alcoholic beverages
o Beer and wine convenience store
o Grocery stores selling liquor
o Liquor store
o Off-site alcohol sales
o On-site alcohol sales
• Include minor amendment to land use definitions from Section 20.88.030, Section 20.88.040, Section 20.88.070, Section 20.88.080, 20.88.190, and
20.88.230 and add these definitions to Section 20.52.070. o Amusement arcade
o Bars and cocktail lounges
o Restaurant
o Brewery/winery/distillery
o Casino
o Gambling game
o Indoor commercial recreation
o Indoor commercial entertainment
o Outdoor commercial recreation
o Specialty store
o Vehicle Service Station
• Add definitions for the following terms in Section 20.52.060:
o Alcohol beverage sales
o Alcoholic Beverage Control (ABC)
o Letter of Public Convenience or Necessity
o On-site, accessory alcohol sale or use
o Off-site, accessory alcohol sale or use
o Primary entrance
o Public playground
o Religious institution
o School
• Remove the alcohol sales definitions from Section 20.88.020. All alcohol sale terms will remain in Chapter 20.88.020, but will be revised to reference Part 2 of Chapter 20.52 for full definitions.
AMENDMENT #5 CONSOLIDATE, ADD, AND EXPAND CONDITIONS OF APPROVAL 4, 9, 10, 11,
12 20.52.090 –
Renumbered to
20.52.120 and
Amended.
20.52.100 –
Repealed; and
20.52.100 –
Retitled and Added;
and
20.52.110 –
Repealed; and
20.52.110 –
Retitled and Added.
The City’s Zoning Code currently has specific conditions of approval established in Part 2 of Chapter 20.52 for restaurants, grocery stores selling liquor, beer and wine convenience stores, and vehicle service stations selling beer and wine. The proposed amendment consolidates these conditions of approval and applies them to all alcohol sale uses. It also proposes establishing additional conditions of approval to ensure public safety, health, and general welfare are protected. Further, the current code mandates annual reviews for all alcohol establishments. In an effort to streamline ongoing administrative review processes, provide greater efficiency, and maintain mechanisms to ensure alcohol establishments operate in compliance with all relevant regulations, the following amendments are recommended:
• Repeal Sections 20.52.080 (Restaurants), 20.52.100 (Beer and Wine Convenience Store), and 20.52.110 (Grocery Stores Selling Liquor). • Consolidate all conditions of approval listed in the repealed sections into two (2) new sections, Section 20.52.100 (General Requirements) and Section 20.52.110 (Additional requirements for off-site alcohol licenses),preserving the following conditions:
o General conditions: 1) All conditions of approval for the alcohol license shall be placed on the property in a location where employees can easily read the conditions; 2) The Community Development Department has the authority, should continuing law enforcement problems exist, to determine if the presence of a city-approved doorman and/or security personnel shall be required, 3) The establishment’s total yearly alcohol sales shall make up no more than twenty-five percent (25%) of the establishment’s total yearly gross sales. Prior to March 1st of each year, the establishment shall submit to the Finance Department yearly financial statements for the prior calendar year, and 5) any other conditions deemed necessary or appropriate by the city to protect the health and welfare of its residents. o Off-site conditions: 1) All alcoholic beverages sold must be bagged in clear plastic bags. Use of brown paper or other opaque bags or packaging is prohibited, 2) Grocery stores, specialty stores, vehicle service stations, and off-site accessory alcohol sale or use shall not sell alcoholic beverages in quantities less than 750 milliliters. Beer and wine convenience stores and vehicle service stations shall not sell beer in quantities of fewer than six (6) cans or bottles; 3) The sale of malt liquor is prohibited at beer and wine convenience stores and vehicle service stations, and 4) The sale of alcohol at beer and wine
convenience stores shall be limited to the hours between 10:00 a.m. and 10:00 p.m.
• Add new conditions of approval in two (2) new sections, Section 20.52.100 (General Requirements) and Section 20.52.110 (Additional requirements for off-site alcohol licenses), including:
o General conditions: 1) There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time unless the proper permits have been obtained from the City of Cudahy, and 2) The owner/operator or lessee shall be responsible for all conduct of all employees, including their education concerning Alcoholic Beverage Control regulations and provisions of this code pertaining to sales of alcohol.
o Off-site conditions: 1) No alcoholic beverages, including beer and wine, shall be consumed on the premises.
• Amend the requirement for mandatory annual reviews of all alcohol licenses to mandate a review only in the first year. Following the initial review, the Community Development Director will have the authority to inspect any licensed establishment or request a comprehensive review of an alcohol license and the business's compliance with the required conditions of approval at any reasonable time.
EXHIBIT A
ORDINANCE No. XXX
ZOTA No. 2025-01 Text Amendment Summary Redlines
The proposed language modifications area is shown below as strikethrough deletions and underline font additions.
1. 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) is amended to include the following 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
P CUP CUP CUP
Office, business and
professional
P CUP P P In LI Zone, accessory
office uses are limited
Attachment D Page 179 of 297
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
to 25% of building floor
area.
Eating and Drinking Establishments
Bars and cocktail
lounges
-- CUP -- -- See
Breweries/wineries for
brewpubs and winetasting.
Restaurant P P P CUP 20.52 Part 2 (Alcohol
Sales)
Restaurant, drivethrough
establishment
-- -- -- --
Outdoor dining P P P CUP
Education
Schools, colleges and
universities
-- -- CUP CUP 20.32 Part 2 (Urban
Agriculture Overlay
Zone)
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
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)
Accessory alcohol
sale and
consumption
permitted through
Minor CUP in Ent
Zone only.
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Commercial cannabis
production activity
business
-- CUP CUP CUP Commercial cannabis
permit and
development
agreement required.
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.
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
20.20.020
Heavy industrial -- -- -- CUP
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 -- -- -- --
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Medical-Related and Care Uses
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)
20.52 Part 2 (Alcohol
Sales)
Casinos and
gambling games
-- CUP -- -- 5.08
20.52 Part 2 (Alcohol
Sales)
Commercial
recreation, indoors
-- P CUP CUP 20.32 Part 2 (Urban
Agriculture Overlay
Zone)
(for youth centers)
20.52 Part 2 (Alcohol
Sales)
Commercial
recreation, outdoors
-- CUP CUP CUP 20.32 Part 2 (Urban
Agriculture Overlay
Zone)
(for youth centers)
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
Health and physical
fitness facilities
-- P P CUP
Commercial
entertainment,
indoors
-- P CUP CUP 20.52 Part 2 (Alcohol
Sales)
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)
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Live/work units CUP -- P CUP 20.52 Part 11
(Live/Work Units)
Transitional and
Supportive Housing
CUP P CUP --
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)
Auction houses -- -- -- CUP
Building material
sales and services
-- -- CUP P
Food and Beverage Sales
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
a. Grocery stores
(includes large, fullservice markets)
P CUP CUP CUP 20.52 Part 2 (Alcohol
Sales)
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 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
Recreational
equipment sales and
rentals
P CUP P P In Ent Zone, only
permitted on the
ground floor in a
mixed-use
development
Retail sales P 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
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Tobacco shop CUP CUP CUP CUP 20.52 Part 15
(Tobacco Shops and
Smoking Lounges)
Vehicle, rentals -- -- CUP CUP
Vehicle, sales -- -- CUP CUP
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
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
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)
Repair services,
appliance and small
equipment
-- -- P P
Personal services,
convenience and
improvement
P P P P
Adult-oriented
businesses
-- CUP -- CUP 20.52 Part 1
(Adult-Oriented
Businesses)
Tattoo shop -- -- CUP CUP
Vehicle, automobile
washing
-- -- CUP CUP
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
Vehicle, major repair -- -- CUP CUP
Vehicle, minor repair -- -- CUP P
Vehicle, service
station
CUP CUP CUP CUP 20.52 Part 14
(Service Stations)
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
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
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)
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
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use NC Ent I - Ind LI Specific Use
Regulations
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)
20.84.260 (Allowed
temporary uses)
Vending machines A A A A 20.20.050(B)
2. 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) is amended to include the following 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
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)
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
Outdoor dining P P
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)
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)
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
Hazardous waste facilities -- --
Laboratory -- --
Light industrial,
manufacturing and
assembly
-- --
Heavy industrial -- --
Recycling, collection facility CUP --
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
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
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
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)
P P
Recreation and Entertainment
Amusement arcade CUP -- 20.52 Part 3
(Amusement Arcades)
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
20.52 Part 2 (Alcohol
Sales)
Casinos and gambling
games
-- -- 20.52 Part 2 (Alcohol
Sales)
Commercial recreation,
indoors
CUP -- 20.32 Part 2
(Urban Agriculture Overlay
Zone) (for youth centers)
20.52 Part 2 (Alcohol
Sales)
Commercial recreation,
outdoors
CUP -- 20.32 Part 2
(Urban Agriculture Overlay
Zone) (for youth centers)
20.52 Part 2 (Alcohol
Sales)
Health and physical fitness
facilities
P CUP
Commercial entertainment,
indoor
CUP CUP 20.52 Part 2 (Alcohol
Sales)
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
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
(Live/Work Units)
Supportive and transitional
housing
P P 20.16.040(H)
Low Barrier Navigation
Centers
P P
Single-Room Occupancy P P
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
Accessory Dwelling Unit P P 20.52 Part 19
Retail Uses
Alcohol beverage sales CUP CUP 20.52 Part 2
(Alcohol Sales)
Building material sales and
services
-- --
Cannabis retailer -- P Retail cannabis business
permit required.
5.30 (Cannabis Retailers)
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)
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
d. Liquor stores -- --
Pawn shop CUP --
Pet stores, inclusive of
grooming services
P --
Plant nursery -- --
Recreational equipment
sales and rentals
P --
Retail sales P P
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 --
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
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 --
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
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
(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 --
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 -- --
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
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
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
P
CUP
A
--
Permitted Use
Conditional Use Permit
Accessory Use
Not Allowed
Land Use CMU CivicMU Specific Use Regulations
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
Outdoor storage and
display
C C 20.28.020(E)(2) through
(E)(5)
20.84.260
(Allowed temporary uses)
Vending machines A A 20.20.050(B)
3. Section 20.52.060 (Intent and Purpose) of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is amended to include the following modifications:
The purpose of regulating alcohol sales is to establish a comprehensive set of regulations regarding the placement, location, and development of various types of facilities that sell or serve alcohol to ensure compatibility with surrounding properties and minimize potentially adverse impacts. These regulations shall apply to the sale of alcohol as defined in this Chapter. in Chapter 20.88 CMC (Definitions).
4. Section 20.52.090 (Vehicle service station selling beer and wine for off-premises consumption) of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is renumbered as Section 20.52.120 and is amended to include the following modifications:
A. Conditional Use Permit Required. Any vehicle service station otherwise permitted in the relevant zoning classification may only sell for off-premises consumption beer and wine as defined in California Business and Professions Code Sections 23006 and 23007, as those code sections may be amended, supplemented, or renumbered, only with a valid conditional use permit, which shall be subject to at least yearly review by the community development director and which may shall contain but need not be limited to all conditions required under CMC Section 20.52.090, CMC Section 20.52.100, and the following additional conditions:
1. Sale of beer and wine shall be limited to the hours between 10:00 a.m. and 10:00 p.m.
2. The sale of beer in quantities of fewer than six cans or bottles is prohibited, and no alcoholic beverage shall be sold in unit quantities less than the distributor’s intended resale units.
3. Sale of malt liquor is prohibited.
4.2. At all times between the hours of 10:00 a.m. and 10:00 p.m. or when beer and wine is offered for sale if it is offered for sale at fewer hours, there shall be at least two attendants on duty, one of whom shall be responsible for the sale of beer and wine.
5.3.At all times between the hours of 10:00 a.m. and 10:00 p.m. or when beer and wine is offered for sale if it is offered for sale at fewer hours, any attendant who is authorized to sell beer and/or wine must have participated in a licensee education on alcohol and drugs class put on by the California Department of Alcoholic Beverage Control or a similar class approved by the city or must participate in such class within two months of his or her employment as a sales clerk. Establishments must maintain proof of such attendance on the premises and present such proof upon request to the Community Development Department.director of community development.
6. The Sheriff’s Department has the power to determine if continuing law enforcement problems exist at the vehicle service station and if he or she determines such, he or she may require the presence of a city-approved doorman and/or security personnel.
7. The conditional use permit conditions shall be placed on the property in a location and in a manner where employees can easily read the conditions.
8. All alcoholic beverages sold must be bagged in clear plastic bags. Use of brown paper or other opaque bags or packaging is prohibited.
9. Any other condition(s) deemed necessary or appropriate by the city to protect the health and welfare of its residents.
B. Special Requirements. Pursuant to California Business and Professions Code Section 23790.5, decisions to grant or deny Approval of a conditional use permit applications for the concurrent sale of motor vehicle fuel and beer and wine for off-site consumption shall be made in conformance with and pursuant to California Business and Professions Code Section 23790.5 based upon written findings, which are based on substantial evidence in light of the whole record justifying the decision. All parties shall be given the opportunity to present at the hearing on the conditional use permit application.
5. Section 20.52.070 (Alcoholic beverages and services) of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is renumbered as Section 20.52.090, retitled to “Distance Requirements”, and amended to include the following modifications:
Any sale and serving of alcoholic beverages for off-site and/or on-site consumption shall be prohibited unless the city planning commission has approved a conditional use permit. The following regulations shall apply to all businesses engaged in alcoholic beverage sales and services:
The following distance requirements shall apply to all businesses engaged in alcoholic beverage sales and services, as applicable:
A. Measurement of Distance Requirements. For the purpose of Part 2 of Chapter 20.52 (Standards for Specific Land Uses and Activities), all distance requirements shall be measured from the primary entrance of each business or use. In instances where a single primary entrance cannot be determined, the distance requirements shall be measured from the subject parcel of the use.
1. Measurements taken from the primary entrance of a business or use shall be measured in a straight line from the center of the primary entrance, without regard for intervening structures or objects.
2. Measurements taken from the parcel shall be measured in a straight line from all points along the parcel lines of the subject parcel of the use, without regard for intervening structures or objects.
AB. Distance Requirements to Religious Institutions, Schools, or Other Public Playgrounds. 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.
1. Exemptions: Grocery stores, specialty stores, restaurants, breweries/wineries/distilleries, indoor commercial recreation, outdoor commercial recreation, indoor commercial entertainment, and amusement arcades with accessory sale or service of alcohol may be permitted within 500 feet of such uses subject to the following conditions:
a. All alcoholic beverages sales, offerings, and consumption shall be conducted completely within an enclosed building on premises, except for permitted outdoor seating areas for on-site uses. b. There shall be no exterior advertising or signage of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of beer, wine, and distilled spirits.
c. Any employee who is authorized to sell alcohol must have participated in a licensee education on alcohol and drugs class put on by the California Department of Alcoholic Beverage Control or must participate in such class within two months of employment.
Establishments must show proof of such attendance on the premises and present such proof upon request by the director of community development.
d. Interior and exterior surveillance cameras shall be installed and maintained in working condition and a detailed security plan must be approved and on file with the Community Development
Department. The security plan must include the following details:
i. Up-to-date and complete contact information for individuals responsible for the business (e.g. business owner(s),
operations manager, etc.);
ii. Procedures for preventing persons under the age of 21 from receiving or consuming alcohol;
iii. Training provided to the establishment’s personnel, including conflict resolution training, procedures for
handling violent incidents and emergencies, as well as the establishment’s procedures for contacting the Los Angeles County Sherrif’s Department;
iv. Procedures for crowd control and preventing overcrowding; v. Procedures to monitor beverage sales and patron behavior; vi. Number and location of interior and exterior security cameras;
vii. Location of alcohol storage areas;
viii. Location of alcohol service areas.
e. Any other condition(s) deemed necessary or appropriate by the city to protect the health and welfare of its residents.
B.C 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.
1. Exemptions: Grocery stores, specialty stores, restaurants, breweries/wineries/distilleries,
D. Distance Requirements for Beer and Wine Convenience Stores. All beer and wine convenience stores must meet the following additional distance requirements.
1. The parcel upon which the establishment is proposed to be located is not within 500 feet of a lot upon which another beer and wine convenience store is located.
2. The parcel upon which the establishment is proposed to be located is not within 500 feet of a lot zoned for residential purposes or mixed use with a residential component.
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 use in the Entertainment Zone.
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.
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.
6. Section 20.52.070 is retitled as “Definitions” of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) and shall read as follows:
20.52.070 Definitions.
For the purpose of Part 2 of Chapter 20.52 (Standards for Specific Land Uses and Activities), the words and phrases herein shall have the following meanings ascribed to them unless the context clearly requires the contrary.
This list of terms is designed to clarify the zoning code’s intent as it relates to alcohol sales.
A. Alcoholic Beverage Control (ABC). The California State Department of Alcoholic Beverage Control.
B. Alcohol beverage sales. A retail establishment where alcoholic beverages are sold for consumption off the premises. This classification excludes grocery stores, specialty stores, and beer and wine convenience stores that may sell alcoholic beverages incidental to the primary use.
C. Alcoholic beverages. A fermented or distilled beverage including alcohol, spirits, liquor, wine, beer, and every other liquid or solid containing alcohol, spirits, wine, or beer which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
D. Amusement arcade. Any place open to the public where five or more amusement games are maintained for use by the public. When only a portion of the premises is used for the operation of amusement games, only that portion shall be considered as an amusement arcade.
E. Bars and cocktail lounges. Establishments where alcoholic beverages are sold for consumption on the premises and which must consist of a minimum gross floor area of 3,000 square feet, excluding any floor area dedicated to restaurant space. This classification excludes restaurants and commercial recreation uses that may serve alcoholic beverages incidental to the primary use.
F. Beer and wine convenience store. Any proposed retail establishment, other than a vehicle service station, which sells a variety of products and which is less than 23,000 square feet in gross floor area, and which is proposed to sell for off-premises consumption of beer and wine as defined in California Business and Professions Code Sections 23006 and 23007, as those code sections may be amended, supplemented, or renumbered, for off-premises consumption, shall be deemed for the purpose of this section a beer and wine convenience store. This classification excludes retail establishments with total yearly alcohol sales that make up more than twenty-five percent (25%) of the establishment’s total yearly gross sales.
G. Brewery/winery/distillery. An establishment which produces ales, beers, meads, hard ciders, wine, liquor and/or similar beverages on site.
Breweries and wineries may also serve beverages on site and sell beverages for off-site consumption in keeping with the regulations of the State Department of Alcoholic Beverage Control (ABC) and the Federal Bureau of Alcohol, Tobacco, and Firearms (ATF).
H. Casino. A business or enterprise licensed pursuant to the provisions of Chapter 5.08 CMC, Article XVIII, for the playing of any gambling game.
I. Gambling game. Any game conducted, dealt or carried on with cards, dice, dominos or devices, for money, checks, chips, credit or any representative of value if chance is any determining factor in the result of the game.
J. Grocery stores selling alcohol. Any proposed retail establishment with self-service food, beverage, and associated consumer goods divided into departments, other than a vehicle service station, which will consist of 23,000 square feet or more in gross floor area and which is proposed to sell alcohol for off-premises consumption. This classification excludes retail establishments with total yearly alcohol sales that make up more than twenty-five percent (25%)of the establishment’s total yearly gross sales.
K. Indoor commercial recreation. Establishments providing indoor participant or spectator recreation, for a fee or admission charge including, but not limited to, uses such as billiards and pool halls, bowling alleys, family fun centers, indoor rock climbing, and skating rinks.
L. Indoor commercial entertainment. An establishment offering predominantly spectator uses conducted within an enclosed building including, but not limited to, uses such as motion picture theaters, live performance theaters, meeting halls, and dance halls.
M. Letter of Public Convenience or Necessity. A letter written, pursuant to Business and Professions Code 23817.7 and 23958.4, to Alcoholic Beverage Control by the City setting forth that the City has determined that public convenience or necessity would be served by the issuance of a license to sell alcoholic beverages at the requested location.
N. Liquor store. A retail store, of any size, where the establishment’s total yearly alcohol sales make up more than twenty-five percent (25%) of the establishment’s total yearly gross sales, and is not limited to beer and wine.
O. Off-site alcohol sales and consumption. The consumption of an alcoholic beverage off the premises of an establishment wherein alcoholic beverages are sold, served, or given away. This classification excludes uses otherwise defined in this section.
P. Off-site, accessory alcohol sale and consumption. The accessory sale of alcohol for consumption off the premises of an establishment which is additional, incidental, supportive, or subordinate to the primary use of a business. The floor area dedicated to such accessory use shall not exceed twenty-five percent (25%) of the total service area of the establishment. This classification excludes uses otherwise defined in this section.
Q. On-site alcohol sale and consumption. The consumption of alcoholic beverages on the premises of an establishment wherein alcoholic beverages are sold, served, or given away. 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. This classification excludes uses otherwise defined in this section.
R. On-site, accessory alcohol sale and consumption. The accessory sale and consumption of alcohol on the premises of an establishment which is additional, incidental, supportive, or subordinate to the primary use of a business. The floor area dedicated to such accessory use shall not exceed twenty-five percent (25%) of the total service area of the establishment. This classification excludes uses otherwise defined in this section.
S. Outdoor commercial recreation. Establishments providing outdoor participant or spectator recreation, for a fee or admission charge including, but not limited to, uses such as batting cages, country clubs, golf courses, outdoor rock climbing, and outdoor skating rinks.
T. Primary entrance. The principal entrance through which most members of the public enter a building during operating hours, as defined by Building Code and as may be determined by the Building Official or Community Development Director. Primary entrances do not include drive-up windows, emergency exit doors, employee-only doors, or doors used primarily for loading and delivery.
U. Public playground. A park, playground, or recreational area specifically designed to be used by children that may have play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on school grounds, or on any land under the control, operation, or management of the city or any other public agency.
V. Religious institution. A facility used for religious worship and incidental religious education and/or activities. This definition shall not include schools, facilities used for religious worship and incidental religious education located in residences or multitenant buildings, or facilities used solely for administrative functions incidental to religious worship and incidental religious education and/or activities,
W. Restaurant. A place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation, and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on the premises, and must comply with all regulations of the local department of health. Any establishment, business, or facility that
satisfies the foregoing criteria, but has areas designated for uses other than food preparation or consumption, such as a bar/lounge area, billiards, dart boards and the like, in excess of twenty-five percent (25%) of the total service area of the establishment, shall not be deemed a “restaurant.”
X. School. An educational institution for children, including, but not limited to, elementary, middle/junior, and high schools, and charter schools. This definition does not include colleges and universities, business and professional schools, tutoring and education centers, or nontuition parttime instruction at places of religious assembly.
Y. Specialty store. Business establishments where the primary use involves the specialty retail sales of food and beverages for off-site preparation and consumption such as delis, coffee shops, bakeries, and produce stores. This classification excludes establishments with total yearly alcohol sales that make up more than twenty-five percent (25%) of the establishment’s total yearly gross sales.
Z. Vehicle service station. A business establishment primarily engaged in the retail sale of vehicle fuel and lubricants.
7. Section 20.52.080 (Restaurants) of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is repealed in its entirety.
Any bona fide restaurant otherwise permitted in the relevant zoning classification may serve alcohol for on-premises consumption only with a valid conditional use permit which shall be subject to at least yearly review by the community development director and which may contain but need not be limited to the following conditions:
A. Maximum Sales. The restaurant’s total yearly alcohol sales make up no more than 25 percent of the restaurant’s total yearly gross combined food and alcohol sales.
B. 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.
C. Other Conditions. Any other condition(s) deemed necessary or appropriate by the city to protect the health and welfare of its residents.
D. 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.
8. Section 20.52.080 is retitled to “Designated approving authority” of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) and shall read as follows:
20.52.080 Designated approving authority.
Any sale and serving of alcoholic beverages for off-site and/or on-site consumption shall be prohibited unless permitted or conditionally permitted by this Title and approved by the appropriate approving authority, as designated in Table. 20.52-2 below. The approving authority shall approve, conditionally approve, or deny applications based upon information provided by the applicant, by making the applicable findings required for a particular permit or approval in accordance with the requirements Part 5 of Chapter 20.84 CMC and Section 20.52.100, and other laws and regulations. A final action of the approving authority may be appealed to the Appeal Authority, pursuant to procedures set forth in CMC 20.84.160.
Table 20.52-2. Required Permit and Approving Authority
Alcohol Sale Use Permit Required Approval Authority
Alcohol beverage sales CUP Planning Commission
Amusement arcade CUP, except Minor
CUP in Ent Zone
only
Planning Commission,
except Director in Ent
Zone
Bars and cocktail
lounges
CUP Planning Commission
Beer and wine
convenience store
CUP Planning Commission
Brewery/winery/distillery CUP, except Minor
CUP in Ent Zone
only
Planning Commission,
except Director in Ent
Zone
Casinos and gambling
games
CUP Planning Commission
Grocery store Minor CUP Director
Indoor commercial
recreation
CUP, except Minor
CUP in Ent Zone
only
Planning Commission,
except Director in Ent
Zone
Indoor commercial
entertainment
CUP, except Minor
CUP in Ent Zone
only
Planning Commission,
except Director in Ent
Zone
Liquor store Not Permitted in
any zone
--
Off-site, accessory
alcohol sale or use
CUP, unless
otherwise stated
herein
Planning Commission,
unless otherwise
stated herein
On-site, accessory
alcohol sale or use
CUP, unless
otherwise stated
herein
Planning Commission,
unless otherwise
stated herein
Outdoor commercial
recreation
CUP, except Minor
CUP in Ent Zone
only
Planning Commission,
except Director in Ent
Zone
Restaurant Minor CUP Director
Specialty store Minor CUP Director
Vehicle service station CUP Planning Commission
A. Expansion. Any expansion of the use; a change in Alcoholic Beverage Control Board license status, from an off-site to on-site, or from one type of on-site or off-site license to another type of on-site or off-site license; or any transfer of the license issued by the Alcoholic Beverage Control Board shall
not be permitted unless an amendment to a minor conditional use permit or a conditional use permit is first obtained pursuant to the provisions of Chapter 20.84 CMC, Part 5.
9. Section 20.52.100 (Beer and wine convenience store) of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is repealed in its entirety.
A. Geographic Requirements. All beer and wine convenience stores must meet the following geographic requirements:
1. The lot upon which the establishment is proposed to be located is not within 500 linear feet of a lot upon which is located an educational institution, public park, or place of religious assembly.
2. The lot upon which the establishment is proposed to be located is not within 500 linear feet of a lot upon which another such use is located.
3. The lot upon which the establishment is proposed to be located is not within 500 linear feet of a lot zoned for residential purposes or mixed use with a residential component.
B. Conditional Use Permit Required. All beer and wine convenience stores shall be permitted only with a valid conditional use permit, which shall be subject to at least yearly review by the community development director and which may contain but need not be limited to the following conditions:
1. The establishment’s total yearly alcohol sales make up no more than 25 percent of the establishment’s total yearly gross sales.
2. Prior to March 1st of each year, the establishment shall submit to the director of community development yearly financial statements for the prior calendar year or portion thereof if the establishment was not in business for the entire calendar year.
3. Sales of beer and wine shall be limited to the hours between 10:00 a.m. and 10:00 p.m.
4. The sale of beer in quantities of fewer than six cans or bottles is prohibited and no alcoholic beverage shall be sold in unit quantities less than the distributor’s intended resale units.
5. The sale of malt liquor is prohibited.
6. At all times between the hours of 10:00 a.m. and 10:00 p.m. or when beer and wine is offered for sale if it is offered for sale at fewer hours, any sales clerk who is authorized to sell alcohol must have participated in a licensee education on alcohol and drugs class put on by the California
Department of Alcoholic Beverage Control or must participate in such class within two months of his or her employment as a sales clerk.
Establishments must show proof of such attendance on the premises and present such proof upon request by the director of community development.
7. The Sheriff’s Department has the power to determine if continuing law enforcement problems exist at the convenience store, and if he or she determines such, he or she may require the presence of a policeapproved doorman and/or security personnel.
8. The conditional use permit conditions shall be placed on the property in a location where employees can easily read the conditions.
9. All alcoholic beverages sold must be bagged in clear plastic bags. Use of brown paper or other opaque bags or packaging is prohibited.
10. Any other condition deemed necessary or appropriate by the city to protect the health and welfare of its residents.
10.Section 20.52.100 is retitled “General requirements” of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) and shall read as follows:
20.52.100 General Requirements.
The following shall apply to all businesses engaged in alcoholic beverage sales and services, in addition to other conditions as required by this chapter.
A. All conditions of approval for the alcohol license shall be placed on the property in a location where employees can easily read the conditions.
B. There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time unless the proper permits have been obtained from the City of Cudahy.
C. The owner/operator or lessee shall be responsible for the conduct of all employees, including their education concerning Alcohol Beverage Control regulations and provisions of this code pertaining to sales of alcohol (e.g., verification of age of purchaser).
D. The Community Development Department has the authority, should continuing law enforcement problems exist, to determine if the presence of a city-approved doorman and/or security personnel shall be required.
E. Yearly Sales for Accessory Alcohol Sale or Use. The establishment’s total yearly alcohol sales shall make up no more than twenty-five percent (25%) of the establishment’s total yearly gross sales. Prior to March 1st of
each year, the establishment shall submit to the Finance Department yearly financial statements for the prior calendar year or portion thereof if the establishment was not in business for the entire calendar year.
1. Exemptions: Breweries/wineries/distilleries,
F. Review of Alcohol Licenses. All alcohol licenses shall be reviewed one year following the date of permit approval. Subsequent to the initial review, the Community Development Director shall have the authority to inspect any licensed establishment or request a comprehensive review of an alcohol license, including the business’s compliance with any required conditions of approval, at any reasonable time.
G. Any other condition(s) deemed necessary or appropriate by the city to protect the health and welfare of its residents.
11.Section 20.52.110 (Grocery stores selling liquor) of Part 2 (Alcohol Sales) of Chapter
20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is repealed in its entirety.
A. Conditional Use Permit Required. All grocery stores selling liquor shall be permitted only with a valid conditional use permit, which shall be subject to at least yearly review by the community development director and which may contain but need not be limited to the following conditions:
1. The establishment’s total yearly alcohol sales make up no more than 25 percent of the establishment’s total yearly gross sales.
2. Prior to March 1st of each year, the establishment shall submit to the director of community development yearly financial statements for the prior calendar year or portion thereof if the establishment was not in business for the entire calendar year.
3. Alcoholic beverages, as defined in California Business and Professions Code Section 23004, as that code section may be amended or supplemented or renumbered, shall not be sold in quantities smaller than 750 milliliters.
4. The Sheriff’s Department has the power to determine if continuing law enforcement problems exist at the retail establishment and if he or she determines such, he or she may require the presence of a city-approved doorman and/or security personnel.
5. The conditional use permit conditions shall be placed on the property in a location where employees can easily read the conditions.
6. All alcoholic beverages sold must be bagged in clear plastic bags. Use of brown paper or other opaque bags or packaging is prohibited.
7. Any other condition(s) deemed necessary or appropriate by the city to protect the health and welfare of its residents. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018).
12.Section 20.52.110 is retitled “Additional requirements for off-site alcohol licenses” of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) and shall read as follows:
20.52.110 Additional requirements for off-site alcohol licenses.
The following shall apply to all businesses with an approved off-site alcohol license, in addition to other conditions as required by this chapter.
A. All alcoholic beverages sold must be bagged in clear plastic bags. Use of brown paper or other opaque bags or packaging is prohibited.
B. No alcoholic beverages, including beer and wine, shall be consumed on the premises.
C. Alcohol Quantity Requirements.
1. Grocery stores, specialty stores, vehicle service stations, and off-site accessory alcohol sale or use. Alcoholic beverages, as defined in California Business and Professions Code Section 23004, as that code section may be amended or supplemented or renumbered, shall not be sold in quantities smaller than 750 milliliters.
2. Beer and wine convenience stores and vehicle service stations. The sale of beer in quantities of fewer than six cans or bottles is prohibited and no alcoholic beverage shall be sold in unit quantities less than the distributor’s intended resale units.
D. The sale of malt liquor is prohibited at beer and wine convenience stores and vehicle service stations.
E. The sale of alcohol at beer and wine convenience stores shall be limited to the hours between 10:00 a.m. and 10:00 p.m.
13.Add a new section, Section 20.52.125 titled “Public Convenience or Necessity (PCN) determination” of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) and shall read as follows:
20.52.125 Public Convenience or Necessity (PCN) determination.
A. Applicability. Pursuant to the Business and Professions Code Section 23958.4(b)(2), whenever an “applicant”, of an ABC liquor license is required by ABC to obtain a determination of public convenience or necessity (PCN) from the local governing body, the “applicant” shall
follow the provisions set forth in Chapter 20.84 CMC, Part 1, unless otherwise specified in this section below. For the purpose of this section, “Applicant” means the same person(s), business, or entity which has applied for a liquor license with the California State Department of Alcoholic Beverage Control.”
B. Designated Approving Authority. The designated approving authority shall be the same approving authority as the alcohol use listed in Chapter
20.52, Table 20.52-2, with the exception that the Community Development Director shall have the right to delegate a PCN determination to the Planning Commission at their discretion.
C. Issuance or Denial Procedures and Required Findings. The determining authority shall approve or deny the application for a PCN determination within ninety (90) days of receiving a completed application, unless additional information is requested of the Applicant, in which case the determining authority shall approve or deny the application within ninety (90) days of receiving any additional information. The designated authority may either deny the application and specify the grounds upon which the denial is based; or may approve the application, when the determining authority determines that the application complied with the following findings.
1. Issuance of the proposed alcohol license will enhance the quality of life for the public within the area.
2. Issuance of the proposed alcohol license will serve the community surrounding the applicant’s premises.
3. Issuance of the proposed alcohol license will enhance economic viability of the area in which it the premise will be located.
4. Issuance of the proposed alcohol license will not be detrimental to the public interest, health, safety, convenience, or welfare.
14.Section 20.52.140 (Expiration, violation, discontinuance, and revocation) of Part 2 (Alcohol Sales) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) is amended to include the following modifications:
20.52.140 Expiration, violation, discontinuance, and revocation.
A. Expiration. Any use permit for alcohol sale or service an alcoholic beverage outlet granted in accordance with the terms of Chapter 20.84 CMC, Part 5 shall expire within twelve (12) months from the date of approval unless a license has been issued or transferred by the California State Department of Alcoholic Beverage Control prior to the expiration date.
B. Time Extension. The planning commission upon referral from the director of community development may grant a time extension for a use permit for an alcoholic beverage outlet for a period or periods not to exceed 12 months.
An application for a time extension shall be made in writing to the director of Community Development Department no less than thirty (30) days or more than ninety (90) days prior to the expiration date.
C. Violation of Terms. The planning commission upon referral from the director of community development may revoke a use permit for alcohol sale or service an alcoholic beverage outlet upon making one or more of the following findings:
1. That the permit was issued erroneously, or on the basis of erroneous or misleading information or misrepresentation.
2. That the terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated.
3. The establishment for which the permit was issued is being operated in an illegal or disorderly manner.
4. Noise from the establishment for which the permit was issued violates noise provisions (CMC 9.04.020).
5. The business or establishment for which the permit was issued has had or is having an adverse impact on the health, safety, or welfare of the neighborhood or the general public.
6. There is a violation of or failure to maintain a valid Alcoholic Beverage Control license.
7. The business or establishment fails to fully comply with all the rules, regulations and orders of the California State Department of Alcoholic Beverage Control.
D. Discontinuance. A use permit for alcohol sale or service an alcoholic beverage outlet shall lapse if the use is discontinued for ninety (90) consecutive days or if the Alcoholic Beverage Control license for the establishment has been revoked or transferred to a different location.
E. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.84 CMC, Part 5, except that all revocation hearings shall be held by the planning commission.
15.Revise the title of Table 20.52-2 in Section 20.52.760 (Requirements applicable to newly constructed or expanded structures) of Part 20 (Accessory Dwelling Units) of Chapter 20.52 (Standards for Specific Land Uses and Activities) of Title 20 (Zoning) to the following title:
Table 20.52-3 2.
16.Table 20.84-1 (Designating Approving Authority) of Section 20.84.020 (Designating Approving Authority) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) is amended to include the following modifications:
Approving Authority
Type of Permit or Action
Director of
Community
Development
Planning
Commission City Council
General Plan Amendment Review Recommendation Final
Specific Plan Review Recommendation Final
Zone Change or Text
Amendment
Review Recommendation Final
Development Agreement Review Recommendation Final
Minor Deviation Final Appeal Appeal
Conditional Use Permit Review Final Appeal
Minor Conditional Use
Permit (Alcohol)
Final Appeal Appeal
Variance Review Final Appeal
Planned Development
Permit
Review Final Appeal
Tentative Map (CMC Title
19)
Review Final Appeal
Final Map (CMC Title 19) Review Final
Approving Authority
Type of Permit or Action
Director of
Community
Development
Planning
Commission City Council
Lot Line Adjustment (CMC
Title 19)
Review Final Appeal
Major Development
Review Permit
Review Final Appeal
Minor Development
Review Permit
Final Appeal Appeal
Zoning Clearance Final Appeal Appeal
Zoning Code Interpretation Final Appeal Appeal
Temporary Use Permit Final Appeal Appeal
Home Occupation Permits
(Zoning Clearance)
Final Appeal Appeal
Reasonable
Accommodation
Final Appeal Appeal
Accessory Dwelling Unit
Design Variance
Final Appeal Appeal
17.Subsection 20.84.120(A) (Record of Decision) of Part 1 (General Provisions) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) is amended to include the following modifications:
A. Director Decision. The authorized signature of the director of community development on a designated form, or a stamp approval on a set of plans, shall
signify approval of applications for a temporary use permit, zoning clearance, reasonable accommodation, minor conditional use permit, minor deviation, or minor development review.
18.Revise the title of Part 5 (Minor Deviation – Conditional Use Permits, and Variances) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) to read as follows:
Part 5. Minor Deviation –, Minor Conditional Use Permits (Alcohol), Conditional Use Permits, and Variances.
19.Subsections 20.84.300(B) through 20.84.300(C) of Part 5 (Minor Deviation – Conditional Use Permits and Variances) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) are amended to include the following modifications:
B. Intent and Purpose of Minor Conditional Use Permits. The purpose of a minor conditional use permit is to provide an administrative mechanism whereby the community development director can grant approval to certain alcohol uses that, due to the nature of the use, require special review to determine if the use proposed is compatible with surrounding uses, but that are less likely to pose a threat to public health and safety. The granting of a minor conditional use permit shall not adversely affect the health, safety and welfare of the city and neighboring properties, must demonstrate compatibility with zoning regulations and with surrounding properties, and shall be subject to conditions of approval.
B.C Intent and Purpose of Conditional Use Permits. The city recognizes that certain uses, due to the nature of the use, intensity or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses; or if through the imposition of conditions on the development and use, it can be made compatible with surrounding uses. The conditional use permit is provided for this purpose and to ensure compatibility with zoning regulations and with surrounding properties.
C.D. Intent and Purpose of Variances. California Government Code Section 65906 establishes the authority of the city to grant exceptions to development standards and provisions of this zoning code in cases where, because of special circumstances applicable to a particular property or unique characteristics of the property, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning districts.
20.Subsections 20.84.310(B) through 20.84.310(C) (Applicability) of Part 5 (Minor Deviation – Conditional Use Permits and Variances) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) are amended to include the following modifications:
B. Minor Conditional Use Permits. Applications for minor conditional use permits may be submitted only for those uses specified as allowable minor conditional uses in Part 2 of Chapter 20.52. A minor conditional use permit shall not substitute for an amendment to the zoning code text or map.
B. C. Conditional Use Permits. Applications for conditional use permits may be submitted only for those uses specified as allowable conditional uses in the applicable zone district. A conditional use permit may not substitute for an amendment to the zoning code text or map.
C. D. Variances. A variance application shall be filed whenever any deviation from the provisions of this zoning code is proposed. Variances may not be approved for uses or activities not otherwise expressly authorized by this zoning code. A variance may not substitute for an amendment to the zoning code text or map, or for a conditional use permit.
21.Section 20.84.340 is retitled to “Findings and decision for conditional use permits and minor conditional use permits” of Part 5 (Minor Deviation – Conditional Use Permits and Variances) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) and shall read as follows.
20.84.340 Findings and decision for conditional use permits and minor conditional use permits.
The planning commission appropriate approving authority designated in Table 20.84-1 of this Chapter shall consider applications for a conditional use permit and minor conditional use permit and may, with or without conditions, approve any application that is in general accord with the following principles and standards based on findings and conclusions drawn from information and evidence presented at a public hearing. Conditional use permits shall be granted only when the planning commission determines that the proposed development or activity complies with all of the following findings: pursuant to subsections (A) through (G) of this section. Minor conditional use permits shall be granted only when the community development director determines that the proposed activity complies with all findings pursuant to subsections (A) through (F) of this section.
A. 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.
B. 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.
C. Neighborhood Compatibility. The designated approving authority planning commission shall consider the nature, condition, and development of adjacent uses, buildings, and structures and the effect the proposed use may have on such adjacent uses, buildings, and structures.
D. 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.
E. 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.
F. Safety and Welfare. The use will not be detrimental to the public interest, health, safety, convenience, or welfare.
G. Conditions of Approval. The planning commission may apply such conditions to a proposed conditional use as it deems necessary to protect the public health, safety, and general welfare, including but not limited to:
1. Special yards, open spaces, and buffer areas.
2. Fences and walls.
3. Surfacing of parking areas and driveways to specified standards.
4. Street dedications and improvements.
5. Vehicular ingress and egress.
6. Landscaping and maintenance of grounds.
7. Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances, and radiation.
8. Regulation of operating hours for activities affecting normal neighborhood schedules and functions.
9. Regulation of signs and outdoor advertising.
10.Establish a validation period limiting the time in which development may begin.
11.Require a bond or other surety that the proposed conditional use will be removed on or before a specified date, or to guarantee faithful performance of conditions.
12.Require a site plan indicating all details and data as prescribed in this chapter.
13.Require such other conditions as will make possible the development of the proposed conditional use in an orderly and efficient manner and in general accord with all elements of the general plan and the intent and purpose of this zoning code.
14.The planning commission may approve a condition specifying a term for which the conditional use permit is valid.
22.Section 20.84.370 (Exceptions to expiration time) of Part 5 (Minor Deviation – Conditional Use Permits and Variances) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) is amended to include the following modification:
The expiration of a minor deviation, minor conditional use permit, conditional use permit or variance shall occur in accordance with Part 1 of this chapter with the following exceptions:
A. Government Uses. Where the planning commission has approved a proposal to acquire land for a governmental enterprise and has approved a variance or conditional use permit therefor, no time limit shall apply to utilization of the permit; provided, that:
1. Within one year of the date of such approval, the governmental agency either acquires the property involved or commences legal proceedings for its acquisition;
2. Immediately after the acquisition of the land or the commencement of legal proceedings for its acquisition, the governmental agency shall place signs, each with a surface area of not less than 20 square feet but not more than 40 square feet, on the property so that there shall be one sign facing each street
bordering the property, with the sign located within 50 feet of the street. Where the property in question is not bounded by any street, the applicant shall erect one sign facing the street nearest the property. Each such sign shall indicate the ownership of the property and the purpose to which it is to be developed; and
3. The governmental agency shall maintain these signs on the property in good condition until such time as the variance or conditional use permit privileges are utilized.
B. Extension. Upon an application received prior to the expiration of a minor deviation, minor conditional use permit, conditional use permit, or variance, the following shall apply:
1. Conditional use permit and variance. The planning commission may extend the expiration date of such permit for a period not to exceed one (1) additional year. Any decision on such an application may be appealed to the city council pursuant to CMC 20.84.160.
2. Minor deviation and minor conditional use permit: The director of community development may extend the expiration date of such approval for a period not to exceed one (1) additional year. If the minor deviation or minor conditional use permit has been approved in conjunction with additional land use entitlements, the expiration date of those entitlements shall supersede.
23.Subsection 20.88.020 (A definitions) of Chapter 20.88 (Definitions) of Title 20 (Zoning) is amended to include the following modifications:
Alcohol Sales.
“Alcoholic Beverage Control (ABC)” as defined pursuant to Part 2 of Chapter 20.52 CMC.
“Alcohol beverage sales” as defined pursuant to Part 2 of Chapter 20.52 CMC.
“Alcoholic beverages” as defined pursuant to Part 2 of Chapter 20.52 CMC. including alcohol, spirits, liquor, wine, beer, and every other liquid or solid containing alcohol, spirits, wine, or beer which contains one-half of
one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
“Amusement arcade” as defined pursuant to Part 2 of Chapter 20.52 CMC. “Bars and cocktail lounges” as defined pursuant to Part 2 of Chapter
20.52 CMC.
“Beer and wine convenience store” as defined pursuant to Part 2 of Chapter
20.52 CMC. means any proposed retail establishment, other than a vehicle service station, which will consist of less than 23,000 square feet in gross floor area, and which is proposed to sell for off-premises consumption of beer and wine as defined in California Business and Professions Code Sections 23006 and 23007, as those code sections may be amended, supplemented, or renumbered, for off-premises consumption, shall be deemed for the purpose of this section a beer and wine convenience store.
“Brewery/winery/distillery” as defined pursuant to Part 2 of Chapter 20.52 CMC.
“Casino” as defined pursuant to Part 2 of Chapter 20.52 CMC. “Gambling game” as defined pursuant to Part 2 of Chapter 20.52 CMC. “Grocery stores selling liquor” as defined pursuant to Part 2 of Chapter 20.52 CMC. means any proposed retail establishment, other than a vehicle service station, which will consist of 23,000 square feet or more in gross floor area and which is proposed to sell alcohol for off-premises consumption shall be deemed for the purpose of the regulation of alcohol sale a grocery store selling liquor.
“Indoor commercial recreation” as defined pursuant to Part 2 of Chapter
20.52 CMC.
“Indoor commercial entertainment” as defined pursuant to Part 2 of Chapter 20.52 CMC.
“Letter of Public Convenience or Necessity” as defined pursuant to Part 2 of Chapter 20.52 CMC.
“Liquor store” as defined pursuant to Part 2 of Chapter 20.52 CMC. means a retail store, of any size, where the establishment’s total yearly alcohol sales make up more than 25 percent of the establishment’s total yearly gross sales, and not limited to beer and wine.
“Off-site” as defined pursuant to Part 2 of Chapter 20.52 CMC. means the consumption of an alcoholic beverage off the premises of an establishment wherein alcoholic beverages are sold, served, or given away.
“Off-site, accessory alcohol sale and consumption” as defined pursuant to Part 2 of Chapter 20.52 CMC.
“On-site” as defined pursuant to Part 2 of Chapter 20.52 CMC. means the consumption of alcoholic beverages on the premises of an establishment wherein alcoholic beverages are sold, served, or given away. “On-site, accessory alcohol sale and consumption” as defined pursuant to Part 2 of Chapter 20.52 CMC.
”Outdoor commercial recreation” as defined pursuant to Part 2 of Chapter 20.52 CMC.
“Primary entrance” as defined pursuant to Part 2 of Chapter 20.52 CMC. “Public playground” as defined pursuant to Part 2 of Chapter 20.52 CMC. “Religious institution” as defined pursuant to Part 2 of Chapter 20.52 CMC.
“Restaurant” as defined pursuant to Part 2 of Chapter 20.52 CMC. “School” as defined pursuant to Part 2 of Chapter 20.52 CMC.. “Specialty store” as defined pursuant to Part 2 of Chapter 20.52 CMC. “Vehicle service station” as defined pursuant to Part 2 of Chapter 20.52 CMC.
P1u::ss:rELEG HAM Local. News. Matters. prusstelegram.com Long Beach Press-Telegram
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310 540-5511
City of Cudahy
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Cudahy, California 90201
FILE NO. 0011725852
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 aboveentitled matter. I am the principal clerk of the printer of Long Beach PressTelegram, 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
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newspaper and not in any supplement
thereof on the following dates, to wit
03/24/2025
I certify (or declare) under the penalty
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correct.
Executed at Long Beach, California,
this 24th day of March, 2025.
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.
CITY OF CUDAHY CITY COUNCIL
PUBLIC HEARING NOTICE
ZONING ORDINANCE TEXT AMENDMENT NO, 2025-01
NOTICE IS HEREBY GIVEN, pursuant to State Law, that a
public hearing will be held by the Cudahy City Council at a regular meeting to determine whether or not the subject request shall be approved under the provisions of State Law and the Cudahy City Code as follows:
REQUEST : The City of Cudahy Planning Commission
recommends the City Council approve the following
amendments:
• Zoning Ordinance Text Amendment (ZOTA) No. 2025-01 to amend Chapters 20.20, 20.28, 20.52, 20.84, and 20.88. The ZOTA proposes to: l) Establish a new administrative permit and approval authority for alcohol use permits; 2) Clarify and modify the method for measuring and distance requirements for certain land uses; 3) Establish a procedure and findings for making a Public Convenience or Necessity ("PCN") determination for alcohol license applications; 4) Revise and add new definitions related to alcohol uses; and 5) Consolidate, add, and expand conditions of approval for alcohol use permits; and
PROJECT LOCATION: Citywide
DATE AND TIME OF HEARING: Tuesday, April 15, 2025, 6:30 p.m. or as soon thereafter as the matter can be heard.
PLACE OF HEARING: City Council Chambers - 5240 Santa
Ana Street, Cudahy, CA 90201; and via Zoom teleconference.
The Zoom link will be provided in the agenda packet for the meeting to be published on the City website.
ENVIRONMENTAL DETERMINATION: The zoning ordinance
text amendment has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines
and the environmental regulations of the City. The proposed zoning ordinance text amendment is exempt from the
requirements of the CEQA pursuant to Section 15061 (b) (3) and 15378 of the CEQA Guidelines. This exemption applies to all activities that can be seen with certainty to have no reasonably foreseeable direct or indirect physical impacts on the environment and that are not a project under CEQA.
Any person desiring to speak on the above matters is invited to attend the public hearin9 in-person or by teleconference and offer testimony in support of, or m opposition to, the project. Written testimony may be forwarded to the City Clerk's Office through email to cityclerk@ citvofcudahyca.gov or mailed to 5220 Santa Ana Street, Cudahy, CA 90201.
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.
CITY CLERK'S OFFICE
Richard Iglesias
City Clerk
Long Beach Press-Telegram
Published: 3/24/25
ZONING ORDINANCE TEXT AMENDMENT NO. 2025-01 - Page 1 of 1 Attachment E Page 233 of 297
Blank Page
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/15/2025 Page 1 of 3
STAFF REPORT
Date: April 15, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager / Executive Director By: Ray Casey, Senior Engineer
Subject: Consideration to Authorize the City Manager to Enter into an Agreement Between the City of Cudahy and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority for cost sharing for the installation of Monitoring Equipment and Monitoring Pursuant to the Harbor Toxic Pollutants TMDL
RECOMMENDATION
The City Council is recommended to consider authorizing the City Manager to enter into an agreement between the City of Cudahy and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority for cost sharing for the installation of Monitoring Equipment and Monitoring Pursuant to the Harbor Toxic Pollutants TMDL.
BACKGROUND
1. On November 8, 2012, the Los Angeles Regional Water Quality Control Board (LARWQCB) adopted the new Municipal Separate Storm Sewer System (MS4 Permit) which became effective December 28, 2012.
2. On June 4, 2013, the City Council approved and accepted membership into GWMA in order to comply with MS4 requirements. The GWMA is an Integrated Regional Water Management Group Joint Power Authority (IRWM JPA) established in 2007, and currently consisting of 24 members; on the same date Council approved a MOU between the GWMA, the LAR UR2 Subgroup Cities and LACFCD in order to comply with the new MS4 Permit (Order No. R4-2012-0175); on June 4, 2013, Council also adopted Resolution No. 13-17 regarding Green Streets Policy adopting the City of Cudahy Green Streets Manual.
3. On November 17, 2014, the Parties to the MOU entered into a First Amendment to the MOU to:
Item Number
14A
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/15/2025 Page 2 of 3
• add implementation of the Plans to the scope and purpose of the MOU and; • provide a separate cost-share formula for the implementation of the Plans.
4. On November 25, 2014, Council adopted Ordinance No. 640, which added Chapter 20.108 pertaining to Low Impact Development (LID) Strategies on Projects that require Building, Grading and Encroachment Permits to Title 20 (Zoning) of the City of Cudahy Municipal Code.
5. On June 28, 2014 as required by the state permit, the Watershed Management Plan (WMP) and Coordinated Integrated Monitoring Plan (CIMP) studies were prepared, with the help of CWE Consultants, and were submitted to the LARWQCB.
6. On April 9, 2020, the Parties to the MOU entered into a Second Amendment to the MOU in order to extend the MOU’s term to December 31, 2024.
7. On July 23, 2021, the Los Angeles Regional Water Quality Control Board approved a new MS4 Permit, which continues the WMP and CIMP permit compliance options.
8. In June of 2023 the Los Angeles Gateway Region Integrated Regional Water Management joint power authority (GWMA), California Joint Power Authority approved an agreement for cost sharing for the installation of monitoring equipment and monitoring pursuant to the Habor Toxic Pollutants TMDL.
9. On April 1, 2025 the city council approved the third amendment to the MOU between the GWMA and the city of Cudahy and appointed Raul Diaz and Juan Arauz as a member and alternate member to the GWMA board respectively.
ANALYSIS
LAR UR2 Subgroup
Through the new MS4 Permit process, the City of Cudahy was able to join with neighboring cities in the preparation of a WMP and CIMP to customize and share the expenses associated with the MS4 Permit. The City of Cudahy joined the Los Angeles River Upper Reach 2 (LAR UR2) subgroup, consisting of the cities of Bell, Bell Gardens, Commerce, Huntington Park, Maywood, Vernon (LAR UR2 Subgroup Cities) and the LACFCD for the preparation of the WMP and CIMP.
GWMA Membership/Appointment
The GWMA is responsible for regional water planning including, assisting members with compliance regulations with the National Pollution Discharge Elimination System (NPDES) MS4 Permit. Due to Order R4-2012-0175 of the LARWQCB, the GWMA serves as the administrative body for the Council of Government Cities in the South East Region of Los Angeles County
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(Gateway Cities) in an effort to complete all MS4 Permit requirements.
Harbor Toxic Pollutants TMDL
The United States Environmental Protection Agency established the Total Maximum Daily Loads (“TMDL”) for Toxic Pollutants on March 23, 2012, with the intent of protecting and improving water quality in the Dominguez Channel and the Greater Los Angeles and Long Beach Harbor Waters (“Harbor Toxic Pollutants TMDL”). The Harbor Toxic Pollutants TMDL regulates certain discharges from National Pollutant Discharge Elimination System (“NPDES”) permit holders, requiring organization and cooperation among the MS4 Permittees.
In order to meet the objectives of the Harbor Toxic Pollutants TMDL, the MS4 Permittees must continue to maintain the monitoring station in the Los Angeles River at Wardlow Road, monitoring station in the San Gabriel River near Spring Street, and monitoring station in the Coyote Creek, also near Spring Street and conduct the monitoring at those monitoring stations (collectively “Monitoring Stations”) to ensure consistency with other regional monitoring programs and usability with other TMDL related studies. GWMA is able to provide the installation and maintenance of the Monitoring Stations as well as the administrative coordination for the various MS4 Permittees on behalf of the permittees for a reasonable cost.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT)
No construction activities or relaxation of standards allowing environmental degradation are proposed in conjunction with the approval of this MOU Third Amendment. In addition, it is expected that monitoring activities qualify as a Categorical Exemption under CEQA.
CONCLUSION
Approval of this item will allow the City to keep Cudahy in compliance with the new Municipal Separate Storm Sewer System MS4 Permit (Order R4-2012-0175 of the LARWQCB). If item is not approved, Cudahy will fall out of compliance with the new MS4 Permit and it will be subject to state/federal fines.
FINANCIAL IMPACT
The City of Cudahy’s share of cost is outlined in the attachment. However, there is no cost to the General Fund associated with this item. All cost related to the Harbor Toxic Pollutants TMDL efforts are funded through Measure W- Safe Clean Water Parcel Taxes
ATTACHMENTS
A. Habor Toxic Pollutant TMDL Agreement.
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AGREEMENT
BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT JOINT POWERS AUTHORITY
AND THE
CITY OF CUDAHY
FOR COST SHARING FOR THE INSTALLATION OF MONITORING EQUIPMENT
AND MONITORING PURSUANT TO THE HARBOR TOXIC POLLUTANTS TMDL This Agreement is made and entered into as of June 8, 2023, by and between the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (“GWMA”), a California Joint Powers Authority, and the City of Cudahy, (the “Permittee”). The Permittee and the GWMA are collectively referred to as the “Parties”;
RECITALS
WHEREAS, the mission of the GWMA includes the equitable protection and management of water resources within its area;
WHEREAS, for the purposes of this Agreement, the term “MS4 Permittees” shall mean those public agencies that are co-permittees to a National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Order (“MS4 Permit”) issued by the Los Angeles Regional Water Quality Control Board; WHEREAS, the United States Environmental Protection Agency established the Total Maximum Daily Loads (“TMDL”) for Toxic Pollutants on March 23, 2012, with the intent of protecting and improving water quality in the Dominguez Channel and the Greater Los Angeles and Long Beach Harbor Waters (“Harbor Toxic Pollutants TMDL”); WHEREAS, the Harbor Toxic Pollutants TMDL regulates certain discharges from National Pollutant Discharge Elimination System (“NPDES”) permit holders, requiring organization and cooperation among the MS4 Permittees;
WHEREAS, the Permittee manages, drains or conveys storm water into at least a portion of the Los Angeles River including its estuary or Coyote Creek or the San Gabriel River including their estuaries;
WHEREAS, various MS4 Permittees desire to achieve the objectives of the Harbor Toxic Pollutants TMDL by continuing to maintain the monitoring station in the Los Angeles River at Wardlow Road, monitoring station in the San Gabriel River near Spring Street, and monitoring station in the Coyote Creek, also near Spring Street and conducting monitoring at said monitoring stations (collectively “Monitoring Stations”) to ensure consistency with other regional monitoring programs and usability with other TMDL related studies;
WHEREAS, continuing maintenance of the Monitoring Stations and future monitoring requires administrative coordination for the various MS4 Permittees that the GWMA can and is willing to provide;
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WHEREAS, the Lower Los Angeles River Watershed Management Group and the Lower San Gabriel River Watershed Management Group have been formed pursuant to the MS4 Permit and oversee and manage the monitoring program for the Harbor Toxic Pollutants TMDL within their respective watersheds;
WHEREAS, the members of the GWMA are the Cities of Artesia, Bell, Bell Gardens, Bellflower, Cerritos, Commerce, Compton, Cudahy, Downey, Hawaiian Gardens, Huntington Park, La Mirada, Lakewood, Long Beach, Lynwood, Maywood, Montebello, Norwalk, Paramount, Pico Rivera, Santa Fe Springs, Signal Hill, South Gate, Vernon, Whittier, Water Replenishment District, Central Basin Municipal Water District, Port of Long Beach, and the Long Beach Water Department (“GWMA Members”); WHEREAS, because of the financial savings and benefits resulting from this costsharing arrangement, other MS4 Permittees that are not GWMA Members may request to participate in the cost sharing of the Monitoring Costs for the maintenance of the Monitoring Stations and the costs of monitoring conducted at the Monitoring Stations (collectively “Monitoring Costs”);
WHEREAS, the GWMA Board of Directors authorized the GWMA to enter into individual separate agreements with such individual MS4 Permittees (which shall not have voting rights in the GWMA) for purposes of only cost sharing in the Monitoring Costs; WHEREAS, because GWMA Members already pay annual membership fees that pay for GWMA administrative costs, GWMA Members that participate in the cost share for the Monitoring Costs shall pay an administrative fee that is less than that the administrative fee charged to MS4 Permittees that are not GWMA Members; WHEREAS, certain private NPDES permit holders that are subject to the Harbor Toxic Pollutants TMDL have also expressed interest in participating in the cost share for the Monitoring Costs and procuring the monitoring data generated pursuant to this Agreement in order to satisfy their own permit obligations; WHEREAS, the current agreements that cover the cost share arrangements for the Monitoring Costs through fiscal year 2022-2023 will expire on June 30, 2023.
WHEREAS, it is currently unknown how many MS4 Permittees and private NPDES permit holders will ultimately participate in the cost sharing of the Monitoring Costs for fiscal years 2023-2024 through 2025-2026;
WHEREAS, depending on how many MS4 Permittees and private NPDES permit holders ultimately participate in the cost sharing for the Monitoring Costs, each participating Permittee’s annual cost share amount will be adjusted and the GWMA will notify each participating Permittee of its adjusted annual cost share amount in writing; WHEREAS, the Permittee desires to share in the Monitoring Costs;
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WHEREAS, the Parties have determined that authorizing GWMA to hire consultants as necessary to maintain the Monitoring Stations and conduct the monitoring required by the Harbor Toxic Pollutants TMDL will be beneficial to the Parties; WHEREAS, the Permittee agrees to pay: (a) its proportional share of the Monitoring Costs to be incurred by the GWMA in accordance with the Cost Sharing Formula reflected in Exhibit “A”; and (b) applicable administrative fees to cover administrative costs; and
WHEREAS, the role of the GWMA is to: (1) invoice and collect funds from the Permittee to cover its portion of the Monitoring Costs; and (2) hire and retain consultants to maintain Monitoring Stations and conduct monitoring at the Monitoring Stations.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties do hereby agree as follows:
Section 1. Purpose. The purpose of this Agreement is for the Permittee to cost share in the Monitoring Costs.
Section 2. Cooperation. The Parties shall fully cooperate with one another to achieve the purposes of this Agreement.
Section 3. Voluntary Nature. The Parties voluntarily enter into this Agreement.
Section 4. Binding Effect. This Agreement shall become binding on GWMA and the Permittee.
Section 5. Term. This Agreement shall commence on July 1, 2023 and shall expire on June 30, 2026, unless terminated earlier pursuant to this Agreement.
Section 6. Role of the GWMA.
(a) The GWMA shall invoice and collect funds from the Permittee to cover the Monitoring Costs.
(b) The GWMA shall administer the consultants’ contracts for the Monitoring Costs. Provided the Permittee has paid all outstanding invoices to the GWMA to cover the Monitoring Costs and administrative costs, the GWMA will provide the Permittee with the monitoring data collected from the Monitoring Stations and any associated reports.
(c) The GWMA is authorized and may negotiate, enter into agreements with, and collect funds from general and individual NPDES permit holders, that are not MS4 Permittees, for cost-sharing the Monitoring Costs in order to reduce the total costs incurred by the MS4 Permittees.
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Section 7. Financial Terms.
(a) Annual Payment Amount. The Permittee shall pay no more than the following amounts for each of the three fiscal years (June 30-July 1) listed below (“Annual Payment Amount”):
Fiscal Year 2023-2024:
Five Hundred Forty Six Dollars and Thirty Cents ($546.30) Fiscal Year 2024-2025:
Five Hundred Forty Eight Dollars and Sixty Six Cents ($548.66) Fiscal Year 2025-2026:
Five Hundred Sixty One Dollars and Fifty Four Cents ($561.54) Each Annual Payment Amount includes the Permittee’s Cost Share Amount identified in Exhibit “A”, attached hereto and incorporated herein.
(b) Administrative Costs. In addition to the Annual Payment Amount, the Permittee shall also pay its proportional share of the GWMA’s staff time for hiring the consultants, managing the consultants’ contracts, and invoicing the Permittee and legal fees incurred by the GWMA in the performance of its duties under this Agreement (“Direct Costs”), and audit expenses and other overhead costs (“Indirect Costs”), referred to collectively herein as the “Administrative Costs Payment Amount”. The Administrative Costs Payment Amount will be added to the Permittee’s annual invoice to cover the Permittee’s share of the administrative costs.
i. GWMA Members. If the Permittee is a GWMA Member, then the Administrative Costs Payment Amount does not include the GWMA’s Indirect Costs, which GWMA Members absorb as part of their annual membership dues. The rate charged to GWMA Members in order to recover the Direct Costs portion of the Administrative Costs Payment Amount will range between zero percent (0%) and five percent (5%) of the of the Permittee’s Cost Share Amount identified in Exhibit “A.” On an annual basis the GWMA will evaluate the percentage rate charged to GWMA Members to ensure it adequately recovers the GWMA’s cost of performing its duties under this Agreement. Based on this review, the GWMA Board will establish the rate charged to recover its Direct Costs for the next fiscal year. The GWMA will provide the Permittee, through the respective Chairs of the Lower San Gabriel River and Lower Los Angeles River Watershed Management Groups, fifteen (15) days’ written notice prior to July 1st of the fiscal year in which a new rate will take effect. ii. Non-GWMA Members. If the Permittee is not a GWMA
Member, then the Administrative Costs Payment Amount will include the GWMA’s Indirect Costs. The rate charged to Non-GWMA Members in order to recover Direct Costs will range between five percent (5%) and ten percent (10%) of the Permittee’s Cost Share Amount identified in Exhibit “A.” The rate charged to Non-GWMA Members in order to
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recover Indirect Costs will range between two percent (2%) and five percent (5%) of the Permittee’s Cost Share Amount identified in Exhibit “A.” On an annual basis the GWMA will evaluate the percentage rates for both Direct and Indirect Costs charged to NonGWMA Members to ensure they adequately recover the GWMA’s cost of performing its duties under this MOU. Based on this review, the GWMA Board may increase or decrease the rates charged to recover its Direct and Indirect Costs for the next fiscal year. The GWMA will provide the Permittee, through the respective Chairs of the Lower San Gabriel River and Lower Los Angeles River Watershed Management Groups, fifteen (15) days’ written notice prior to July 1st of the fiscal year in which a new rate will take effect.
(c) Adjustment of Cost Share Based on Number of Participants. The Annual Payment Amount and the Administrative Costs Payment Amount identified in this Section 7 (“Financial Terms”) represent the maximum dollar amounts that the Permittee is required to submit to the GWMA, but may be reduced based on the final number of MS4 Permittees that participate in the cost sharing for the Monitoring Costs. (d) Reserve Credits. If the actual cost share amount plus administrative costs collected by GWMA from all participating permittees in the Harbor Toxic Pollutants TMDL program are less than the Annual Payment Amount, plus the Administrative Costs Payment Amount, paid by all permittees in a particular year, then the GWMA will notify the Chairs of the Lower San Gabriel River and Lower Los Angeles River Watershed Management Groups. The Chairs will direct GWMA on how to apply the excess balance, which may include carrying the balance over to cover permittee costs in one or more subsequent years. , GWMA reserves the right to transfer funds from the excess balance to maintain a minimum balance of $10,000 in its account dedicated to the Harbor Toxic Pollutants TMDL program at all times, per GWMA’s Administrative Budget Policy.
Notwithstanding the forgoing, the Administrative Costs Payment Amount charged to nonGWMA Members for Indirect Costs will be retained by GWMA and is not subject to a credit.
(e) Funds remaining in the possession of the GWMA at the expiration or earlier termination of this MOU shall be promptly returned to the Permittee in proportion to the Cost Share Amount identified in Exhibit “A” or rolled over into the subsequent MOU for the Harbor Toxic Pollutants TMDL if requested by the Permittee. (f) The Permittee’s Annual Payment Amount and Administrative Costs Payment Amount for the 2023-2024 fiscal year are due upon execution of this Agreement, but in no event later than September 30, 2023. For each subsequent fiscal year, commencing with the 2024-2025 fiscal year, the GWMA shall submit annual invoices to the Permittee for the Annual Payment Amount and Administrative Costs Payment Amount. Upon receiving an invoice from GWMA, each Permittee shall pay the Annual Payment Amount and Administrative Costs Payment Amount set forth in the invoice to the GWMA within forty-five (45) days of receipt.
(g) The Permittee shall be delinquent if its invoiced payment is not received by the GWMA within forty-five (45) days after the invoice’s date. If the Permittee
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is delinquent, the GWMA will: 1) verbally contact the representative of the Permittee; and 2) submit a formal letter from the GWMA Executive Officer to the Permittee at the address listed in Section 11 of this Agreement. If payment is not received within sixty (60) days of the original invoice date, the GWMA may terminate this Agreement. However, no such termination may be ordered unless the GWMA first provides the Permittee with thirty (30) days written notice of its intent to terminate the Agreement. The terminated Permittee shall remain obligated to GWMA for its delinquent payments and any other obligations incurred prior to the date of termination. If the GWMA terminates this Agreement because the Permittee is delinquent in its payment, the Permittee shall no longer be entitled to the monitoring data collected from the Monitoring Stations. (h) Any delinquent payments by the Permittee shall accrue compound interest at the average rate of interest paid by the Local Agency Investment Fund during the time that the payment is delinquent.
Section 8. Independent Contractor.
(a) The GWMA is, and shall at all times remain, a wholly independent contractor for performance of the obligations described in this Agreement. The GWMA’s officers, officials, employees and agents shall at all times during the term of this Agreement be under the exclusive control of the GWMA. The Permittee cannot control the conduct of the GWMA or any of its officers, officials, employees or agents. The GWMA and its officers, officials, employees, and agents shall not be deemed to be employees of the Permittee.
(b) The GWMA is solely responsible for the payment of salaries, wages, other compensation, employment taxes, workers’ compensation, or similar taxes for its employees and consultants performing services hereunder.
Section 9. Indemnification and Warranty.
(a) The Permittee shall defend, indemnify and hold harmless the GWMA and its officers, employees, and other representatives and agents from and against any and all liabilities, actions, suits proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorney’s fees, for injury to or death of person(s), for damage to property (including property owned by the GWMA) for negligent or intentional acts, errors and omissions committed by the Permittee or its officers, employees, and agents, arising out of or related to that Permittee’s performance under this Agreement, except for such loss as may be caused by GWMA’s negligence or that of its officers, employees, or other representatives and agents, excluding the consultant. (b) GWMA makes no guarantee or warranty that any monitoring data prepared by the consultants shall be approved by the relevant governmental authorities.
GWMA shall have no liability to the Permittee for the negligent or intentional acts or omissions of GWMA’s consultants.
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Section 10. Termination.
(a) The Permittee may terminate this Agreement for any reason, or no reason, by giving the GWMA prior written notice thereof, but the Permittee shall remain responsible for its entire Annual Payment Amount through the end of the current fiscal year during which Permittee terminates the Agreement and shall not be entitled any refund of any portion of said Annual Payment Amount. Moreover, unless the Permittee provides written notice of termination to the GWMA by February 15th immediately prior to a new fiscal year, the Permittee shall also be responsible for its Annual Payment Amount through the end of such new fiscal year (e.g., If the Permittee terminates on March 1st, 2024, the Permittee is responsible for the Annual Payment Amounts for both fiscal years 2023-2024 and 2024-2025. If the Permittee terminates on February 10, 2024, the Permittee is responsible for its Annual Payment Amount only for Fiscal year 2023- 2024, not for fiscal year 2024-2025). If the Permittee terminates the Agreement, the Permittee shall remain liable for any loss, debt, or liability otherwise incurred through the end of the new fiscal year.
(b) The GWMA may, with a vote of the GWMA Board, terminate this Agreement upon not less than thirty (30) days written notice to the Permittee. Any remaining funds not due and payable or otherwise legally committed to Consultant shall be returned to the Permittee.
Section 11. Miscellaneous.
(a) Other NPDES Permit Holders. Individual or general NPDES permit holders who are not MS4 Permittees that receive Harbor Toxic Pollutants TMDL monitoring requirements in their NPDES permits may wish to participate in this cost share for the Monitoring Costs in order to receive the monitoring data collected from the Monitoring Stations. Upon receipt of a written request from an NPDES permit holder to participate in this cost share, the GWMA will either reject or accept the NPDES permit holder’s participation in the cost share arrangement. If accepted, the NPDES permit holder will enter into a separate cost share agreement with the GWMA that will require the NPDES permit holder to pay annually at least twelve thousand three hundred dollars ($12,300) (“Private Monitoring Fee”) for the Monitoring Costs. Failure to pay the Private Monitoring Fee by the date set forth in the cost share agreement will result in termination of the NPDES permit holder’s participant status. An NPDES permit holder accepted as a participant will only be entitled to receive the monitoring data collected from the Monitoring Stations for any fiscal year in which the participant has paid its Private Monitoring Fee. The Private Monitoring Fee will be applied as a credit toward the Permittee’s Annual Payment Amount in proportion to the Permittee’s Cost Share Amount identified in Exhibit “A.”
(b) Notices. All Notices which the Parties require or desire to give hereunder shall be in writing and shall be deemed given when delivered personally or three (3) days after mailing by registered or certified mail (return receipt requested) to the following address or as such other addresses as the Parties may from time to time designate by written notice in the aforesaid manner:
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To GWMA:
Ms. Grace Kast
Executive Officer
16401 Paramount Boulevard
Paramount, CA 90723
To the Permittee:
City of Cudahy
5220 Santa Ana St
Cudahy, CA 0
Attn: Aaron Hernandez-Torres
(c) Amendment. The terms and provisions of this Agreement may not be amended, modified or waived, except by a written instrument signed by all Parties. (d) Waiver. Waiver by either the GWMA or the Permittee of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver, by the GWMA or the Permittee, to any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach of any provision of this Agreement. (e) Law to Govern: Venue. This Agreement shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the Parties, venue shall lie exclusively in the County of Los Angeles. (f) No Presumption in Drafting. The Parties to this Agreement agree that the general rule than an agreement is to be interpreted against the Party drafting it, or causing it to be prepared, shall not apply.
(g) Severability. If any term, provision, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and this Agreement shall be read and construed without the invalid, void, or unenforceable provisions(s).
(h) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. (i) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to all Parties to this Agreement.
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(j) Legal Representation. All Parties have been represented by counsel in the preparation and negotiation of this Agreement. Accordingly, this Agreement shall be construed according to its fair language.
(k) Authority to Execute this Agreement. The person or persons executing this Agreement on behalf of Permittee warrants and represents that he or she has the authority to execute this Agreement on behalf of the Permittee and has the authority to bind Permittee.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on their behalf, respectively, as follows:
DATE:________________ LOS ANGELES GATEWAY REGION
INTEGRATED REGIONAL WATER
MANAGEMENT JOINT POWERS
AUTHORITY
________________________________
Adriana Figueroa
GWMA Chair
DATE: _______________ PERMITTEE
City of Cudahy
Signature
Print Name
Print Title
EXHIBIT “A”
COST SHARE MATRIX
ATTACHED
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STAFF REPORT
Date: April 15, 2025
To: Honorable Mayor and Councilmembers
From: Alfonso Noyola, City Manager/Executive Director
Prepared by: Kassandra Cornejo, Associate Planner
Concurrence: Juan Arauz, AICP, Community Development Director/ Assistant City Manager
Subject: Consideration of a request by the Cudahy Youth Foundation to waive the Temporary Use Permit (TUP No. 2025-03) application fee for a Firework Sales Permit to conduct their annual fireworks sales
RECOMMENDATION
The City Council is recommended to consider a request from the Cudahy Youth Foundation (“Applicant”) to waive the Temporary Use Permit (“TUP”) fee, in the amount of $610, for their annual fireworks sales and take one of the following actions:
1. Approve the request and waive the TUP application fee.
2. Deny the request for a full fee waiver and approve a partial fee waiver determined by City Council.
3. Deny the request to waive the TUP application fee.
BACKGROUND
To obtain a TUP, applicants are required to submit an application to the Planning Division for review. In the process of reviewing TUP applications, the Planning Division routes applications to other departments soliciting feedback from the Public Works Department, Building & Safety Division, Los Angeles County Fire Department, and the Los Angeles County Sheriff’s. Pursuant to the Cudahy Municipal Code (CMC) Section 8.52.060, completed TUP applications involving the temporary sale of fireworks must be submitted no later than April 1 of every year.
Item Number
14B
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On April 1, 2025, staff received a TUP application (Attachment A) from the Applicant for consideration of their annual fireworks sales to take place at 7907 Atlantic Avenue (Cudahy Plaza Shopping Center).
On April 3, 2025, Ms. Susie de Santiago, President of the Cudahy Youth Foundation, submitted a formal fee waiver request (Attachment B).
DISCUSSION
As part of the TUP application, the Applicant is requesting to set up a fireworks booth within a portion of the Cudahy Plaza Shopping Center parking lot as illustrated below in Figure 1 and 2.
The Applicant would be allowed to sell fireworks between the hours of 12:00 p.m. and 10:00 p.m. on July 1st, July 2nd, July 3rd, and July 4th.
Figure 1 – Proposed Site Plan Figure 2 – Proposed Firework Booth Pursuant to CMC Section 20.84.260, a TUP allows for “temporary outdoor uses and the erection of booths, tents, or parking of trailers for temporary activities conducted either outdoors or within temporary structures.” Additionally, the sales of fireworks are permitted under CMC Chapter 8.52 and per California Health and Safety Code (the “State Fireworks Law”), Division 11, Part 2. Per CMC Section 8.52.060(1), only non-profit organizations may be issued a TUP for firework sales.
A TUP for a firework sales permit requires the following information for City review:
• Property owner affidavit.
• Non-profit status from the IRS, such as the 501(c)(3). • Detailed site plan identifying the location of the fireworks stand. • Certificate of Liability Insurance.
• Proof of issuance of a Retail Fireworks License Application issued by the Department of Forestry and Fire Protection.
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• Annual Fireworks Financial Report.
• Applicant’s Temporary Sellers Permit issued by the Department of Tax and Fee Administration.
• City Business License.
• Payment Fee of $610.
The $610 fee covers the cost of the Planning and Building & Safety staff to review, inspect, coordinate, and issue approval for the temporary use activities.
FISCAL IMPACT
The TUP application fee of $610 is intended to cover the City’s cost of processing permit issuance. If the City Council approves the applicant’s request for a fee waiver, costs associated with processing the TUP application, including staff time, will be absorbed by the General Fund.
CONCLUSION
Staff recommends that the City Council consider the Applicant’s request to waive the TUP fee and determine whether a fee waiver shall be approved or denied.
ATTACHMENTS
A. Cudahy Youth Foundation TUP Application (TUP No. 2025-03) B. Fee Waiver Request
Attachment A
Cudahy Youth Foundation
Susie de Santiago, President Star Laca, Secretary
Tevina Quintana, Vice-President David Rodriguez,
Outreach Coordinator
“Today’s Youth Tomorrow's Future”
[email protected]
April 3, 2025
Cudahy City Council,
Cudahy Youth Foundation was established to assist low-income Cudahy youth and their families. We receive a few donations from private donors but our main funding comes from the yearly firework sales fundraiser.
Some of the ways we utilize the funds are we provide Cudahy youth with toys during Christmas, we offer educational scholarships, we provide incentives for Walk To School Day participants, and have sponsored the medals for the City’s youth sports program. Now that the City has begun to have it’s in house sports program, we intend to support families who want to have their children participate in the sports program but are experiencing a financial burden.
We are asking for your support in waiving all of the fees associated with the permits for the firework stand. This will help us minimize our costs and ensure we continue to assist our Cudahy youth and their families.
Thank you in advance for your consideration,
Sincerely,
Susie de Santiago
Cudahy Youth Foundation, President
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STAFF REPORT
Date: April 15, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Daniela Trujillo, Administrative Analyst
Subject: Online Implementation of the Annual Overnight Parking Permit Program
RECOMMENDATION
The City Council is requested to receive and file the demonstration for the Online Implementation of the Annual Overnight Parking Permit Program.
BACKGROUND
1. On September 8, 2003, the City entered into a Master Agreement with Data Ticket, Inc. for Municipal Citation Data Processing Services.
2. On September 1, 2015, the Citywide Parking Program was initiated as a pilot program based on the City Council’s direction.
3. On June 30, 2016, the City Council extended such program for an additional year and has done so each subsequent year.
4. On May 16, 2023, the City Council adopted Resolution No. 23-18 to establish a permanent Overnight Parking Program.
5. On October 14, 2024, the City executed a Third Amendment with Data Ticket, Inc. for an Online Parking Permit System.
ANALYSIS
To address the influx of overall parking demand due to limited parking for single-family, multifamily, and mobile home parks, on November 4, 2014, City Council gave unanimous direction to prepare a resolution to develop a pilot program which would allow overnight parking Item Number
14C
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through a parking permit and related requirements to qualify. Since the initial implementation of the parking program, all parking permits would physically be obtained at City Hall.
An online parking permit system offers several key benefits for residents compared to the traditional in-person process at city hall:
1. Convenience and Accessibility: Residents can apply for parking permits from the comfort of their own homes, at any time of day or night. This eliminates the need for timeconsuming trips to city hall, which may be difficult for those with busy schedules or mobility issues.
2. Time Savings: With an online system, the entire process is streamlined. Residents no longer have to wait in lines, deal with limited office hours, or take time off work to handle parking permit applications.
3. Efficiency: An online system allows for faster processing, reducing paperwork and administrative overhead for city staff. This leads to quicker approvals and fewer errors or delays in issuing permits.
4. Improved Communication: An online system can provide residents with automatic updates and reminders about permit renewals or changes in regulations, keeping them better informed without the need for in-person visits.
Overall, an online parking permit system enhances convenience, saves time, and improves efficiency for both residents and city staff.
CONCLUSION
No formal action is required at this time. Staff will continue to monitor the program with the assistance of Data Ticket, Inc.
STRATEGIC PLAN CORRELATION
Goal F (Communication and Outreach), Objective:
1. Explore opportunities for efficiency through insourcing and outsourcing.
FINANCIAL IMPACT
There is no financial impact.
ATTACHMENTS
None.
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/15/2025
STAFF REPORT
Date: April 15, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Johncito “John” Peraza, Assistant to the City Manager Subject: Adoption of Resolution No. 25-20, Opposing California State Assembly Bill 1468, which Undermines Local Control and Academic Freedom in Ethnic Studies Education
RECOMMENDATION
The City Council is requested to adopt resolution No. 25-20, Opposing California State Assembly Bill 1468.
BACKGROUND
In response to growing concerns about the impacts of AB 1468 on educational autonomy and curriculum development, the City Council initiated formal steps to address the legislation at the local level.
• April 1, 2025 – The City Council directed staff to prepare a resolution and an accompanying letter expressing formal opposition to Assembly Bill 1468. The request stemmed from widespread concern regarding the bill’s implications on local autonomy and its potential to restrict authentic, community-based ethnic studies instruction. • April 15, 2025 – In response to Council’s direction, staff prepared Resolution No. 25-20 and a signed letter of opposition to AB 1468, to be transmitted to the City’s state legislative representatives. These documents reflect the City’s long-standing commitment to inclusive, equitable, and locally responsive educational policy.
ANALYSIS
Assembly Bill 1468 seeks to establish uniform content standards for ethnic studies through the State Board of Education. While this may promote consistency statewide, it could also reduce flexibility for school districts to adapt curriculum to reflect local history, values, and community Item Number
14D
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Staff Report
04/15/2025
experiences.
Educational professionals and local stakeholders often have the closest connection to their student populations. By enabling localized curriculum design, school districts can tailor instruction to enhance student engagement and cultural relevance. The City of Cudahy recognizes the importance of community input in shaping educational experiences and views local control as a tool to support inclusive learning environments.
This proposed resolution expresses concern that AB 1468 may unintentionally limit the ability of local educators to develop responsive and representative coursework. It advocates for a balanced approach that respects both the state’s educational goals and the unique needs of individual communities.
CONCLUSION
If adopted, Resolution No. 25-20 will formally establish the City’s position on AB 1468 and authorize staff to share this position with the appropriate legislative offices. The signed letter will be forwarded to Senator Lena Gonzalez and Assemblymember Blanca Pacheco.
STRATEGIC PLAN CORRELATION
Goal F. Communication and Outreach
2. Create a sense of place and establish the community’s identity.
FINANCIAL IMPACT
There will be no current impact to the City’s General Fund.
ATTACHMENTS
A. Draft Resolution No. 25-20
B. Opposition Letter (Draft)
RESOLUTION NO. 25-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA, OPPOSING CALIFORNIA STATE
ASSEMBLY BILL 1468, WHICH UNDERMINES LOCAL
CONTROL AND ACADEMIC FREEDOM IN ETHNIC
STUDIES EDUCATION
WHEREAS, ethnic studies is intended to be interdisciplinary, inclusive, and responsive to local communities;
WHEREAS, Assembly Bill 1468 (“AB 1468”) seeks to impose state-mandated content standards for ethnic studies curricula, stripping local school districts of their ability to tailor instruction to their communities' diverse histories and experiences; WHEREAS, AB 1468 undermines the intention and intended purpose of ethnic studies by centralizing control under the State Board of Education thereby limiting educators’ ability to provide comprehensive and critical instruction; WHERAS, AB 1468’s ambiguous language regarding "fostering multicultural respect" creates the risk of censoring discussions on systemic racism, colonialism, and struggles for justice, thereby weakening the integrity of ethnic studies; WHEREAS, AB 1468 disregards the expertise of ethnic studies educators and imposes political oversight on curriculum development, setting a dangerous precedent for government interference in academic instruction;
WHEREAS, the City of Cudahy has long supported inclusive and equitable educational policies that empower students with accurate historical knowledge and critical thinking skills.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:
Section 1. The Recitals set forth above are true and correct, constitute a material part of this Resolution, and are incorporated herein in their entirety as part of the findings.
Section 2. The City Council of the City of Cudahy formally opposes AB 1468 and urges the California Legislature to reject any legislation that restricts local control over ethnic studies curriculum development.
Section 3. The City Council directs the City Clerk to email a copy of this adopted resolution to our elected state legislative representatives.
Attachment A Page 287 of 297
Resolution No. 25-20
Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 15th day of April 2025.
Elizabeth Alcantar Loza
Mayor
ATTEST:
Richard Iglesias
City Clerk
Resolution No. 25-20
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. 25-20 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 15th day of April 2025, and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Richard Iglesias
City Clerk
Page | 1
5220 Santa Ana Street
Cudahy, CA 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Elizabeth Alcantar Loza
Vice Mayor
Cynthia Gonzalez, Ed.D
Councilmember
Martin U. Fuentes
Councilmember
Amanda Gomez
Councilmember
Daisy Lomeli
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
The Honorable Lena Gonzalez The Honorable Blanca Pacheco California State Senate California State Assembly
1021 O Street, Suite 7720 P.O. Box 942849
Sacramento, CA 95814 Sacramento, CA 94249-0064
April 15, 2025
Subject: Urgent Call for Due Process Protections for Undocumented Immigrants Dear Senator Gonzalez and Assemblywoman Pacheco,
On behalf of the City of Cudahy, we write in strong opposition to AB 1468 (Zbur & Addis), which undermines the integrity of ethnic studies by imposing state-mandated content standards that limit local control and restrict educators' ability to teach comprehensive histories.
Ethnic studies is designed to be interdisciplinary, inclusive, and responsive to diverse communities. By centralizing control under the State Board of Education, AB 1468 strips local districts of their ability to develop curriculum that reflects their students' lived experiences. The bill’s vague language about "fostering multicultural respect" could be used to exclude critical discussions on systemic racism, colonialism, and international struggles for justice.
Additionally, AB 1468 disregards the expertise of ethnic studies educators by subjecting curriculum to political oversight rather than academic standards. Placing curriculum decisions in the hands of policymakers instead of scholars sets a troubling precedent for government interference in education, weakening the very purpose of ethnic studies—to foster critical thinking and a deeper understanding of history.
This bill sets a dangerous precedent for political interference in education at a time when efforts to censor curriculum are on the rise. We urge you to oppose AB 1468 and instead support policies that uphold the authenticity and academic freedom of ethnic studies instruction.
Sincerely,
/s/ Mayor Elizabeth Alcantar Loza /s/ Vice-Mayor Cynthia Gonzalez Ed.d /s/Councilmember Martin U. Fuentes /s/Councilmember Daisy Lomeli /s/Councilmember Amanda Gomez
Attachment B Page 290 of 297
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/15/2025 Page 1 of 2
STAFF REPORT
Date: April 15, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration to Appoint Elias Zepeda to the Planning Commission
RECOMMENDATION
The City Council is recommended to appoint Elias Zepeda to the Planning Commission, Council Member Fuentes’s appointment.
BACKGROUND AND ANALYSIS
On May 17, 2022, the City Council adopted Ordinance No. 722, amending Chapter 2.36 of Title 2, attached for reference.
On March 18, 2025, Council Member Fuentes's appointed Planning Commissioner, Yessica Alvarez, vacated her seat, creating a vacancy on the Planning Commission.
In accordance with Ordinance No. 722, each Council Member shall appoint one commissioner to the Planning Commission. The appointed commissioner shall serve concurrently with the Council Member who appointed them.
The Planning Commission serves in an advisory capacity to the City Council on land-use policy planning matters which guide the City's future growth, development, and beautification, including public and private buildings and works, subdivisions, streets, parks and playgrounds, and unimproved real property. This Commission meets on the third Monday of each month at 6:30 p.m.
To qualify to serve on the planning commission, individuals must meet one of the following:
Item Number
14E
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Staff Report
04/15/2025 Page 2 of 2
• Cudahy Resident
• City Business Owners
• Employed in the City
• Nonprofit that provides services in the City
Each person seeking a position on a Commission shall complete an application and submit to a Live Scan background check upon appointment and before swearing into office. Some Commissions may be requested to file a Conflict of Interests Statement pursuant to Fair Political Practices regulations. Information will be provided by the Office of the City Clerk. City Council Members may appoint commission applicants or choose to bring forward their nominee, and staff can verify after their appointment if they meet qualifications.
CONCLUSION
Currently, the Planning Commission has one vacancy. Therefore, the City Council is recommended to appoint Elias Zepeda to the Planning Commission, Council Member Fuentes’s appointment.
STRATEGIC PLAN CORRELATION
Goal F
4. Identify methods to connect with community members, including soliciting input on a regular basis.
7. Foster relationship building among residents.
FINANCIAL IMPACT
There is no fiscal impact on the review and selection of commission appointees.
ATTACHMENT
A. Ordinance No. 722
ORDINANCE NO. 722
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUDAHY AMENDING CHAPTER 2.36 (PLANNING
COMMISSION) OF TITLE 2 (ADMINISTRATION AND
PERSONNEL) OF THE CUDAHY MUNICIPAL CODE
WHEREAS, on September 7, 1982, the City Council for the City of Cudahy ("City Council") adopted Ordinance No. 290 establishing the Planning Commission in tht: City of Cudahy ("City"); and
WHEREAS, on November 1, 1993, the City Council adopted Ordinance No. 486, amending the organization of the Planning Commission; and WHEREAS, on February 7, 1994, the City Council adopted Ordinance No. 490, further amending the organization of the Planning Commission; and WHEREAS, on June 12, 2022, the City Council adopted Ordinance No. 578, once again amending the organization of the Planning Commission; and WHEREAS, Planning Commissioners provide a valuable service to the City by advising the City Council on numerous planning issues; and WHEREAS, on April 5, 2022, the City Council adopted Ordinance No. 719 amending Chapter 2.32 (City Commissioners) to ensure Commissioner qualifications, appointments, and terms are uniform for all Commissioners; and WHEREAS, the City Council wishes to update the Cudahy Municipal Code to ensure conformity among all commissions in the City, including the Planning Commission.
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.
Section 2. Chapter 2.36.010 (Planning Commission) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code is hereby amended in its entirety to read as follows:
"2.36.010 Planning Commission.
(1) Creation of Commission. There is hereby created and established a planning commission for the city.
(2) Membership. The planning commission shall consist of five members.
Attachment A Page 293 of 297
Ordinance No. 722
(3) Organization. The planning commission shall annually, at its first meeting in May of each calendar year, elect a chairperson and chairperson pro tem from among its members. The chairperson pro tempore may use the title "vice chairman/person" instead of chairperson pro tempore upon informing the commission secretary of that choice. The commission shall appoint a secretary, who need not be a member of the commission.
(4) Powers and Duties. The planning commission shall have all the powers, rights, and duties provided and given to the city planning commission under the laws of the state. In addition to the powers, rights, and duties given by such laws, the commission shall have the following powers, rights, and duties without limitation to the powers given by the laws of the state:
a) To recommend to the council and other officers of the city plans for the regulation of the future growth, development, and beautification of the city, including public and private buildings and works, subdivisions, streets, parks, playgrounds, and unimproved real property;
b) To recommend to the council plans for the future growth and development of the city in order to provide proper and adequate public utilities, sanitation, and other commercial and residential services; c) To recommend to the council for approval or disapproval maps or plats for the division of real property within the city and to approve and recommend the annexation of real property to the city. All maps or plats of real property shall be submitted to the planning commission for approval or disapproval before any recommendation is made to the council thereon; d) To make suggestions and recommendations to the council from time to time concerning the future needs and growth of the city, including the location and development of public and private buildings, structures, and grounds, and to recommend from time to time, upon request, the locations, architectural design, and use of buildings, structures, or works owned or controlled by private parties to be erected or maintained in the city;
e) To recommend to the council or other public officers of the city the location, architectural design, and use of public buildings, structures, and works controlled by the city or other political subdivisions within the city and to recommend the adoption of building restrictions and ordinances or codes restricting the use of property in residential, industrial, commercial and other zones within the city;
f) To consider and make recommendations on any proposed ordinance or resolution referred to the commission by the council and to investigate, suggest, and make recommendations on any matter submitted to the commission by the city manager or council for consideration and
Ordinance No. 722
recommendation; and
g) Any other powers and authority granted to the planning commission by the laws of the state.
(5) Advisory Members.
a) The Council may, by resolution, appoint advisory members to the planning commission, which members shall be selected from the offi,:;ers, employees, and elected officials of the city.
b) The term of each advisory member shall correspond to the member's term of office or term of employment with the city.
c) Each advisory member so appointed may designate an assistant or deputy to sit on the commission in the absence of the advisory member. d) Advisory members shall advise and consult with the commission and shall perform such other duties as may be prescribed by resolution of the council.
e) Advisory members sitting on the commission shall not be entitled to vote. (6) Appointed planning commissioners must adhere to all requirements and regulations set forth in CMG 2.32."
Section 3. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15601(b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing 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
Ordinance No. 722
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 thirty (30) days after adoption.
PASSED, APPROVED and ADOPTED by the City Council of the City of Cudahy this 17th day of May 2022.
ATTEST:
City Clerk
Elizabeth A antar
Mayor
Ordinance No. 722
STATE OF CALIFORNIA )
CERTIFICATION
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. 722 was introduced for a first reading on the 3 rd day of May 2022 and
approved for a second reading and adopted by said Council at its regular meeting held on the 17th day of May 2022 by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Lomeli, Gonzalez, and Alcantar
None
Lozoya, Guerrero
None