Cudahy City Council
May 6, 2025

AGENDA

A REGULAR MEETING

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

TO THE CUDAHY DEVELOPMENT COMMISSION
Tuesday, May 6, 2025 – 6:30 P.M.

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

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

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

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

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

Council Chambers/Bedwell Hall
5240 Santa Ana Street
Cudahy, CA 90201
Teleconference Phone Number:
1 (669) 900-6833
Meeting ID: 816 8058 5898
https://us06web.zoom.us/j/81680585898

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
May 6, 2025, at 6:30 P.M.

1. CALL TO ORDER

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

3. APPROVAL OF AGENDA

4. PLEDGE OF ALLEGIANCE

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

6. PRESENTATIONS
A. Jaime Escalante Elementary School Recognition
B. International Day of Families Proclamation
C. Strategic Plan Update
D. Republic Services Quarterly Update
E. Community Services Department Annual Update

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

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

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
May 6, 2025, at 6:30 P.M.

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

9. CITY MANAGER REPORT (information only)

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

MEETINGS

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

12. CONSENT CALENDAR
(Items under the Consent Calendar are considered routine and will be enacted by one motion, prior to the vote to approve the Consent Calendar, each Council Member shall have a maximum of three (3) minutes to comment on the Consent Calendar as a whole. There will be no separate discussion of these items unless a Council / Agency Member so requests specific item(s) be removed from the Consent Calendar for separate action. Items may only be considered as a separate action if either (1) a Council Member must recuse themselves due to a conflict of interest or (2) a Council Member has specific questions for City Staff. Items called for separate discussion will be heard as the next order of business.) A. Consideration to Review and Approve the Draft Minutes of April 15, 2025, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission (page 9) Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for April 15, 2025.

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
May 6, 2025, at 6:30 P.M.

B. Conduct the Second Reading of 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”) (page 23)
Presented by the Associate Planner
Recommendation: The City Council is recommended to take the following action(s):

1. Adopt by second reading Ordinance No. 760, approving 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.

C. Ratify a Contract for Emergency Structure Demolition at 8420 Atlantic Avenue with Integrated Demolition and Remediation, Inc. (page 93)
Presented by the Public Works Director
Recommendation: The City Council is requested to:

1. Ratify the City Manager’s declaration of an emergency to the demolition structure located at 8420 Atlantic Avenue, in accordance with the City’s Emergency Municipal Code section 2.44.060; and

2. Ratify the approval and execution of a contract with Integrated Demolition and Remediation, Inc., for the demolition of the structure, including minimal and/or non-substantive changes in the amount of $260,825.00.

13. PUBLIC HEARING
A. Consideration to Update the Development Impact Fee Schedule for All Development within the City of Cudahy (page 121)
Presented by the Finance Director
Recommendation: The City Council is requested to:

1. Open the public hearing and receive public comment, testimony and any written protests regarding these proceedings; and

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
May 6, 2025, at 6:30 P.M.

2. Adopt Resolution No. 25-21 updating the Development Impact Fee (DIF) schedule for all development within the City of Cudahy.

14. BUSINESS SESSION
A. Award a Contract Services Agreement to Simgel Co. Inc. for Phase 1 of the Cudahy Los Angeles River Area Improvements Project - ABP-001 (page 173)
Presented by the Senior Engineer
Recommendation: The City Council is requested to:

1. Appropriate $4,874,304 of Clean California Local Grant funding, for all activities associated with phase 1 of the Cudahy Los Angeles River Area Improvements Project - ABP-001, including construction contingency, construction management, construction inspection, administration, design, and force account labor;

2. Approve Plans and Specifications for Phase 1 of the Cudahy Los Angeles River Area Improvements Project - ABP-001;

3. Award a Contract Services Agreement to Simgel Co. Inc. for the Project in the amount of $3,793,293 for the Cudahy Los Angeles River Area Improvements Project - ABP-001;

4. Approve a construction contingency permitting for unforeseen conditions, construction management, construction inspection, administration, design, and force account labor in the amount of $1,081,011;

5. Authorize the City Manager to approve change orders within the contingency amount;

6. Approve a deductive change order in the amount of $1,539,280 (bid item 1.42, 1.43, 2.11, 2.12, 2.14, 2.15, 2.16, 2.21, 2.22, 2.23, 2.24, 2.37, 2.38,

2.39, 2.40, 2.41, 2.42, 2.43, 2.44, 2.45, 3.10, 3.11, 3.14, 3.15, 3.21, 3.32, 3.33,

3.34, 3.35, 3.36, 3.37); and

7. Find the Cudahy Los Angeles River Area Improvements project, which includes four individual sites, exempt from the environmental regulations of the California Environmental Quality Act (“CEQA”), pursuant to Cal. Code of Regulations, Title 14, Division 6, Chapter 3, Section(s) 15061 (Class 1 – Existing Facilities) and 15304 (Class 4 – Minor Alterations to Land).

B. Approval of Third Amendment to Professional Services Agreement with SWA Group, Inc. for an add service request and term extension for the Los Angeles River Area Improvement Project (page 325)

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
May 6, 2025, at 6:30 P.M.

Presented by the Administrative Analyst
Recommendation: The City Council is requested to approve the Third Amendment to Professional Services Agreement (PSA) with SWA Group, Inc. for an add service request and term extension for the Los Angeles River Area Improvement Project in an amount not-to-exceed $80,804.

C. Consideration to Adopt the City of Cudahy 2025 Citywide Engineering and Traffic Survey (page 407)
Presented by the Senior Engineer
Recommendation: The City Council is requested to adopt Resolution No. 25-22, approving the City of Cudahy’s 2025 Citywide Engineering and Traffic Survey, so that updated speed limits can be legally enforced using radar at predetermined locations and will not constitute a “Speed Trap” as defined by California Vehicle Code (CVC) Section 40802.

D. Task Order with Transtech Engineers, Inc. for the Lugo Park Teen & Fitness Center Renovation Projects PRE-006 (Phase 1) & PRE-009 (Phase 2) (page 513) Presented by the Public Works Director
Recommendation: The City Council is requested to authorize the City Manager to execute a Task Order with Transtech Engineers, Inc. in the amount of $171,658.20 for the Architectural and Engineering Services for the Lugo Park Teen & Fitness Center Renovation Projects PRE-006 (Phase 1) & PRE-009 (Phase 2).

E. Consideration to approve the Measure W Safe, Clean Water Program (SCWP) Municipal Transfer Agreement between the City of Cudahy (City) and the Los Angeles County Flood Control District (LACFCD) (page 533)
Presented by the Senior Engineer
Recommendation: The City Council is requested to authorize the City Manager to execute the Measure W Safe, Clean Water Program (SCWP) Municipal Transfer Agreement between the City and LACFCD. The previous three-year agreement expired on June 30, 2024.

F. Commercial Cannabis Program Updates (page 551)
Presented by the Senior Planner and Finance Director
Recommendation: The City Council is requested to:

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
May 6, 2025, at 6:30 P.M.

1. Receive a presentation regarding an update on the Commercial Cannabis Program; and

2. Provide feedback on a new monthly Commercial Cannabis webpage and monthly status report.

G. Declaring the Results of the Property Owner Protest Ballot Proceeding Regarding the Formation of the Cudahy Landscaping and Lighting District (page 561) Presented by the Finance Director
Recommendation: The City Council is requested to Approve Resolution No. 25-23, declaring the results of the property owner protest ballot proceeding conducted for the levy of assessments related to the formation of the Cudahy Landscaping and Lighting District, Fiscal year 2025/2026, and approving certain related actions.

H. Park Safety and Cleanliness Discussion (page 567)
Presented by the Assistant to the City Manager
Recommendation: The City Council is recommended to receive and file this report, and provide direction on resource management, public safety operations, and park infrastructure improvements to address concerns about park safety, vandalism, and homelessness in public spaces.

15. COUNCIL DISCUSSION - NONE

16. CLOSED SESSION
A. Closed Session Pursuant to Government Code Section 54957(b)(1)-Public Employee Recruitment Title of Position Under Consideration: City Manager
B. Closed Session Pursuant to Government Code Section 54957.6(a) – Conference with Labor Negotiator Regarding Represented Employees
City’s Designated Representative(s) for Negotiations: City Manager Alfonso Noyola Employee Organization: Cudahy Miscellaneous Employees Association (CMEA)

17. CLOSED SESSION ANNOUNCEMENT

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
May 6, 2025, at 6:30 P.M.

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

Dated this 1st day of May 2025
Richard Iglesias
City Clerk

“Serving the People” "Sirviendo A La Comunidad"
Staff Report
05/06/2025 Page 1 of 2

STAFF REPORT
Date: May 6, 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 Review and Approve the Draft Minutes of April 15, 2025, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission

RECOMMENDATION
The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for April 15, 2025.

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

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

Years later, in the 1600s, when early colonists came to America, the office of the Clerk was one of the first offices to be established. Over the years, the City Clerk’s office has become the core for local government, and the liaison to the residents of the Community. The Municipal Item Number
12A

“Serving the People” "Sirviendo A La Comunidad"
Staff Report
05/06/2025 Page 2 of 2
Clerk (City Clerk) is the record keeper of a City’s recorded history.

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

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

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

CONCLUSION
The City Council is requested to approve the attached City Council / Agency Draft Minutes of the proceedings of April 15, 2025.

STRATEGIC PLAN CORRELATION
No correlation to the strategic plan.

FINANCIAL IMPACT
No Financial Impact.

ATTACHMENT
A. April 15, 2025, Draft Minutes
B. Resolution No. 16-38, approving the City Clerk’s use of Summary Action Minutes as the Official Record of the City Council proceedings.

City Council/Successor Agency Minutes of 04/15/2025 Page 1 of 9

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

HOUSING SUCCESSOR AGENCY TO THE CUDAHY

DEVELOPMENT COMMISSION JOINT MEETING
April 15, 2025, 6:30 P.M.

1. CALL TO ORDER
Mayor / Chair Alcantar Loza called the meeting to order at 6:33 p.m.

2. ROLL CALL
PRESENT: Council / Agency Member Martin Fuentes
Council / Agency Member Daisy Lomelí
Vice Mayor / Vice Chair Cynthia Gonzalez
Mayor / Chair Elizabeth Alcantar Loza
ABSENT: Council / Agency Member Amanda Gomez
ALSO PRESENT: City Manager, Alfonso Noyola, Assistant City Manager/Community Development Director, Juan Arauz, City Attorney, Stephanie Arechiga, City Clerk, Richard Iglesias, Director, Joshua Calhoun, Community Services Director, Brenda Rodriguez, Public Works Director, Raul Diaz, Assistant to the City Manager, John Peraza, Executive Assistant to the City Manager, Janet Andrade, Senior Engineer, Ray Casey, Associate Planner, Kassandra Cornejo, and Administrative Analyst, Daniela Trujillo.

3. APPROVAL OF AGENDA
Motion: Council Member Fuentes motioned to approve the agenda as is, seconded by Vice Mayor Gonzalez. Motion passed 4-0-1 by the following roll call vote:

AYES: Fuentes, Lomelí, Gonzalez, and Alcantar Loza
NOES: None
ABSENT: Gomez
ABSTAIN: None

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

Attachment A Page 11 of 568
City Council/Successor Agency Minutes of 04/15/2025 Page 2 of 9

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

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

6. PRESENTATIONS
A. Small Business Week Proclamation
B. Older Americans Month Proclamation
C. National Parks Week Proclamation
D. Public Service Week Proclamation
E. El Dia Del Niño (Children's Day) Proclamation

7. PUBLIC COMMENTS
Cecilia Barajas spoke in opposition to tax-related item, expressing concerns over fairness and shared the existence of current utility taxes, noted that residents are unaware of how funds are being used and commented on the limitations landlords face under the rent ordinance, which caps rent increases at 3%.

Susie de Santiago thanked the City Council for recognizing "I Heart SELA," announced the upcoming El Día del Niño event, and requested the City Council's support in waiving the Cudahy Youth Foundation's firework stand fee.

Fernando Vasquez provided an update regarding the recent fire incident at the Patata and Atlantic property, shared the actions taken so far and the next steps planned for the building.

Mirvette Judeh spoke in support of item 14D and thanked the City Council.

Mario Dominguez Jr. (via Zoom) spoke in support of Item 14D, requested clarification regarding the cause of the fire at the Patata and Atlantic building, shared the impact of taxes on residents, particularly the utility user tax, and mentioned concerns over potential cuts in federal funding.

Basha Jamil (via Zoom) spoke in support of item 14D.

Lupe Carrasco (via Zoom) spoke in support of item 14D.

Tolteka (via Zoom) spoke in support of item 14D.

City Council/Successor Agency Minutes of 04/15/2025 Page 3 of 9

8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS
Council Member Fuentes shared his attendance at the City of Bell’s State of the City Address, the Los Angeles County Sanitation District’s Earth Day event, and the grand opening of a new Med Spa hosted by the Cudahy Chamber of Commerce, invited the public to the City’s upcoming Easter event, addressed the recent fire at Patata and Atlantic, and extended well wishes to Council Member Gomez.

Council Member Lomelí thanked everyone who attended the meeting and acknowledged public comment speaker Tolteka, thanked City staff for keeping residents informed during recent incidents, announced the end of the youth basketball program and gave a special shout-out to Gabriel for his great work leading the youth sports programs, also thanked the Cudahy Youth Foundation for providing the medals, shared her attendance at the Greater Los Angeles Vector Control District meeting, requested a proclamation for International Day of Families and invited Padres Líderes en Acción to accept it, and wished everyone to enjoy their spring break
Vice Mayor Gonzalez announced she is still working with ScholarMatch to get seniors going to college to sign up., announced the upcoming SELA Sendoff event, which will take place on June 1st at Firebaugh High School in the City of Lynwood from 2 p.m. to 5 p.m., also asked staff to look into an encampment at Santa Ana and Atlantic and offer services, shared concerns of street vendors operating on red curbs.

Mayor Alcantar Loza thanked everyone in attendance and shared that she attended the youth basketball celebration, also thanked Gabriel for all his hard work, shared her attendance at the City of Bell's State of the City Address that featured a taste of Bell event, and mentioned the idea of partnering with the Chamber of Commerce to create something similar for Cudahy’s State of the City Address, echoed concerns about the encampment and requested that it be addressed.

9. CITY MANAGER REPORT (information only)

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

11. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Motion: Vice Mayor Gonzalez motioned to waive full reading of resolutions and ordinances, seconded by Council Member Lomelí. Motion passed 4-0-1 by the following roll call vote:

AYES: Fuentes, Lomelí, Gonzalez, and Alcantar Loza
NOES: None
ABSENT: Gomez
ABSTAIN: None

City Council/Successor Agency Minutes of 04/15/2025 Page 4 of 9 Vice Mayor Gonzalez requested to pull item 12C from consent for additional clarification.

12. CONSENT CALENDAR
A. Consideration to Review and Approve the Draft Minutes of April 1, 2025, for the Regular Meeting and the Draft Minutes of December 10, 2024, for the Special Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for April 1, 2025, and December 10, 2024.

B. Approval of the Local Agency Investment Fund (LAIF) for the Month of March 2025 Presented by the Finance Director
Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of March 2025 in the amount of $11,289,418.46.

Motion: Vice Mayor Gonzalez motioned to approve items 12A & 12B, seconded by Council Member Lomelí. Motion passed 4-0-1 by the following roll call vote:

AYES: Fuentes, Lomelí, Gonzalez, and Alcantar Loza
NOES: None
ABSENT: Gomez
ABSTAIN: None
C. Approval of the City Demands and Payroll Including Statement of Investment for the Month of March 2025
Presented by the Finance Director
Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $1,561,541.79 including the Statement of Investments for the month of March 2025.

Motion: Vice Mayor Gonzalez motioned to approve item 12C, seconded by Council Member Lomelí. Motion passed 4-0-1 by the following roll call vote:

AYES: Fuentes, Lomelí, Gonzalez, and Alcantar Loza
NOES: None
ABSENT: Gomez
ABSTAIN: None

City Council/Successor Agency Minutes of 04/15/2025 Page 5 of 9

13. PUBLIC HEARING
A. Authorizing the Opening and Counting of Assessment Ballots in Connection with the Formation of the Cudahy Landscaping and Lighting District Presented by the Finance Director
Recommendation: The City Council is requested to open the public hearing and receive public comment, testimony, and any written protests regarding these proceedings; and approve Resolution No. 25-19, authorizing the opening and counting of assessment ballots in connection with the formation of the Cudahy Landscaping and Lighting District pursuant to the Landscaping and Lighting Act of 1972; and schedule the certification of the results of the ballot proceedings and entered into the public records at the next regularly scheduled meeting on May 6, 2025.

At 7:38 p.m. Mayor Alcantar Loza opened public comment.

Public Comments:

Susie de Santiago mentioned documents were only mailed in English and suggested that in the future they also be sent in Spanish, mentioned the option to hire an outside contractor and asked why City staff couldn’t do the work instead, rent increases are limited to 3% under rent control, while property taxes are different, and shared concerns about one-time exemptions for property owners, questioned why the property tax has no end and suggested having a timeline would make more sense, also stated voting not equal and asked if other options, like a sales tax, had been considered.

Mario Dominguez Jr. (via Zoom) asked for clarification on who can vote whether it is property owners or residents.

At 7:43 p.m. Mayor Alcantar Loza closed public comment.

Motion: Council Member Lomelí motioned to open the public hearing and receive public comment, testimony, and any written protests regarding these proceedings; and approve Resolution No. 25-19, authorizing the opening and counting of assessment ballots in connection with the formation of the Cudahy Landscaping and Lighting District pursuant to the Landscaping and Lighting Act of 1972; and schedule the certification of the results of the ballot proceedings and entered into the public records at the next regularly scheduled meeting on May 6, 2025, seconded by Council Member Fuentes. Motion passed 4-0-1 by the following roll call vote:

AYES: Fuentes, Lomelí, Gonzalez, and Alcantar Loza
NOES: None
ABSENT: Gomez
ABSTAIN: None

City Council/Successor Agency Minutes of 04/15/2025 Page 6 of 9 B. 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”)
Presented by the Associated Planner
Recommendation: The City Council is recommended to take the following action(s) open the public hearing, receive a presentation from City staff, and receive public comment and testimony; and adopt by first reading Ordinance No. 760 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 schedule the second reading of Ordinance No. 760 at the next regularly scheduled meeting on May 6, 2025; and 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.

At 8:08 p.m. Mayor Alcantar Loza opened public comment.

Public Comments:

Grub Garage shared that they are currently not allowed to sell alcohol and asked the City Council to review, thanked City staff for bringing this item forward to the Council.

Susie de Santiago inquired whether businesses applying for an alcohol license will be required to post public notices and if there will be a phone number available for residents to call with complaints or comments, and also shared concerns about loitering Mario Dominguez Jr. (via Zoom) asked whether street vendors would be eligible to apply for an alcohol license.

At 8:13 p.m. Mayor Alcantar Loza closed public comment.

Motion: Council Member Fuentes motioned to open the public hearing, receive a presentation from City staff, and receive public comment and testimony; and adopt by first reading Ordinance No. 760 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 schedule the second reading of Ordinance No. 760 at the next regularly scheduled meeting on May 6, 2025; and 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, seconded by Council Member Lomelí. Motion passed 4-0-1 by the following roll call vote:

City Council/Successor Agency Minutes of 04/15/2025 Page 7 of 9 AYES: Fuentes, Lomelí, Gonzalez, and Alcantar Loza
NOES: None
ABSENT: Gomez
ABSTAIN: None
At 8:24 p.m. Council Member Lomelí left the Chambers

14. BUSINESS SESSION
A. 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 Presented by the Senior Engineer
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.

Motion: Council Member Fuentes motioned 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. seconded by Vice Mayor Gonzalez. Motion passed 3-0-2 by the following roll call vote:

AYES: Fuentes, Gonzalez, and Alcantar Loza
NOES: None
ABSENT: Gomez and Lomelí
ABSTAIN: None
At 8:27 p.m. Council Member Lomelí returned to the Chambers B. 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
Presented by the Associate Planner
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

City Council/Successor Agency Minutes of 04/15/2025 Page 8 of 9 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.

Motion: Council Member Lomelí motioned to waive Cudahy Youth Foundation Temporary Use Permit (“TUP”) fee, in the amount of $610, for their annual fireworks sales and approve the request and waive the TUP application fee, seconded by Vice Mayor Gonzalez. Motion passed 4-0-1 by the following roll call vote:

AYES: Fuentes, Lomelí, Gonzalez, and Alcantar Loza
NOES: None
ABSENT: Gomez
ABSTAIN: None
C. Online Implementation of the Annual Overnight Parking Permit Program Presented by the Administrative Analyst
Recommendation: The City Council is requested to receive and file the demonstration for the Online Implementation of the Annual Overnight Parking Permit Program.

NO MOTION – PRESENTATION ONLY
D. Adoption of Resolution No. 25-20, Opposing California State Assembly Bill 1468, which Undermines Local Control and Academic Freedom in Ethnic Studies Education Presented by the Administrative Analyst
Recommendation: The City Council is requested to adopt resolution No. 25-20, Opposing California State Assembly Bill 1468.

Motion: Council Member Lomelí motioned to adopt resolution No. 25-20, Opposing California State Assembly Bill 1468, seconded by Vice Mayor Gonzalez. Motion passed 4-0-1 by the following roll call vote:

AYES: Fuentes, Lomelí, Gonzalez, and Alcantar Loza
NOES: None
ABSENT: Gomez
ABSTAIN: None
E. Consideration to Appoint Elias Zepeda to the Planning Commission Presented by the City Clerk
Recommendation: The City Council is recommended to appoint Elias Zepeda to the Planning Commission, Council Member Fuentes’s appointment.

City Council/Successor Agency Minutes of 04/15/2025 Page 9 of 9 Motion: Council Member Fuentes motioned to appoint Elias Zepeda to the Planning Commission, Council Member Fuentes’s appointment, seconded by Vice Mayor Gonzalez. Motion passed 4-0-1 by the following roll call vote:

AYES: Fuentes, Lomelí, Gonzalez, and Alcantar Loza
NOES: None
ABSENT: Gomez
ABSTAIN: None

15. COUNCIL DISCUSSION – NONE
At 9:03 p.m., City Attorney, Stephanie Arechiga recessed to closed session.

16. CLOSED SESSION
A. Closed Session Pursuant to Government Code Section 54957(b)(1)-Public Employee Recruitment
Title of Position Under Consideration: City Manager
B. Closed Session Pursuant to Government Code Section 54957.6(a) – Conference with Labor Negotiator Regarding Represented Employees City’s Designated Representative(s) for Negotiations: City Manager Alfonso Noyola Employee Organization: Cudahy Miscellaneous Employees Association (CMEA)
At 9:23 p.m., Mayor Alcantar Loza reconvened to open session.

17. CLOSED SESSION ANNOUNCEMENT
City Attorney Stephanie Arechiga announced that all four council members present at tonight’s meeting were present, direction was given, and no further reportable action.

18. ADJOURNMENT
The City Council / Agency meeting adjourned at 9:24 p.m.

Elizabeth Alcantar Loza
Mayor
ATTEST:

Richard Iglesias
City Clerk

Attachment
B

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STAFF REPORT
Date: May 6, 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: Conduct the Second Reading of 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. Adopt by second reading Ordinance No. 760 (Attachment A), approving 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.

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 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 Item Number
12B

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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 on a 4-0 vote.

On April 15, 2025, the City Council 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 on a 4-0-1 vote.

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.

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:

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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.

These requirements impact the City’s commercial corridor along Atlantic Avenue, affecting key commercial zones such as the Entertainment, Commercial Mixed Use, and Civic Mixed Use zones. 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 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

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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 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

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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”. 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.

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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 Exhibit A to Attachment A.

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 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

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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 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

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zoning ordinance text amendment conforms to the General Plan and Economic Development Strategic Plan. The proposed amendment would not have an adverse effect on public, health, safety, or general welfare. Therefore, City staff recommend approval of this request, which in summary is 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. Ordinance No. 760

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

20.20 (Commercial and Industrial Zones), 20.28 (Mixed-Use Zones), 20.52 (Standards Attachment A Page 31 of 568
Ordinance No. 760

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 approved Zoning Ordinance Text Amendment No. 2025-01 amending various chapters of Title 20 (Zoning); and
WHEREAS, on April 15, 2025, the City Council 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.

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.

Ordinance No. 760

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 this _____ day of ______ 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 introduced for a first reading on the ____ day of _________ 2025 and approved for a second reading and adopted by said Council at its regular meeting held on the ______ day of ________ 2025 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

EXHIBIT A
ORDINANCE No. 760
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. 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.

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
05/06/2025 Page 1 of 2

STAFF REPORT
Date: May 6, 2025
To: Honorable Mayor/ Chair and City Council/ Agency Members From: Alfonso Noyola, City Manager/ Executive Director
By: Raul Diaz, Public Works Director
Concurrence: Janet Andrade, Executive Assistant to the City Manager Subject: Ratify a Contract for Emergency Structure Demolition at 8420 Atlantic Avenue with Integrated Demolition and Remediation, Inc.

RECOMMENDATION
The City Council is requested to:

1. Ratify the City Manager’s declaration of an emergency to the demolition structure located at 8420 Atlantic Avenue, in accordance with the City’s Emergency Municipal Code section 2.44.060; and

2. Ratify the approval and execution of a contract with Integrated Demolition and Remediation, Inc., for the demolition of the structure, including minimal and/or nonsubstantive changes in the amount of $260,825.00.

BACKGROUND
On Sunday, April 13, 2025, in the early hours of the morning, the Los Angeles County Fire Department responded to a fire at 8420 Atlantic Avenue, Cudahy, California 90201. As a result of the fire, the structure on the site was deemed severely damaged and structurally unsound and was recommended that the building be demolished in a report attached herein as Exhibit “A” by a structural engineer firm, IDS Group. The structure on the site poses an imminent risk and danger to the residents of the City and the continued presence of the damaged structure constitutes a threat to public safety, health, and welfare, and immediate action was necessary to prevent injury or further deterioration of the surrounding area.

Staff determined that the selected contractor possesses the necessary skills, experience, and expertise required to competently provide the services and tasks outlined in the contract.

Item Number
12C

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
05/06/2025 Page 2 of 2

ANALYSIS
City staff regularly conduct procurement and consultant solicitation efforts for Public Projects in accordance with the City’s Administrative Policies. However, when urgent project needs arise, such as in the case of an emergency, staff must circumvent standard procurement processes in order to preserve or protect life, health, or property. During times of emergency, if action is needed before the council has an opportunity to meet to declare an emergency, under Code section 3.16.170, the city manager is authorized to order the repair of a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.

Due to the critical nature of the location and the potential disastrous impact to the community, immediate action was taken by the City Manager to secure the site, stabilize the roadways and plan for emergency repairs. The City solicited proposals for demolition and received two (2) proposals and awarded contract to Integrated Demolition and Remediation, Inc., being the lowest bidder in the amount of $260,825.00

STRATEGIC PLAN CORRELATION
Goal E (City Infrastructure and Service Delivery), Objective:

1. Ensure high-quality infrastructure to continue connectivity throughout the community.

2. Implement the City’s facility maintenance plan to ensure facilities and infrastructure are adequate and available in order to provide the desired services.

FINANCIAL IMPACT
The demolition of the property will be funded through the General Fund Reserves in the total amount of $260,825.00

ATTACHMENTS
A. Contract Services Agreement with IDR, Inc.

1 2025

CONTRACT SERVICES AGREEMENT
(Contractor: Integrated Demolition and Remediation, Inc.) (Nature of Engagement: Emergency Building Demolition)
THIS CONTRACT SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this 17th day of April 2025 by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and Integrated Demolition and Remediation, Inc. (hereinafter, “CONTRACTOR”). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably.

RECITALS
WHEREAS, CITY is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, CITY requires emergency building demolition services; and WHEREAS, on Sunday, April 13, 2025, in the early hours of the morning, the Los Angeles County Fire Department responded to a fire at 8420 Atlantic Avenue, Cudahy California 90201 (the “Site”); and
WHEREAS, as a result of the fire, the structure on the Site has been deemed severely damaged and structurally unsound, and it has been recommended that the building be demolished in a report attached herein as Exhibit “A” by a structural engineer, IDS Group; and
WHEREAS, the structure on the Site poses an imminent risk and danger to the residents of the CITY; and
WHEREAS, the continued presence of the damaged structure constitutes a threat to public safety, health, and welfare, and immediate action is necessary to prevent injury or further deterioration of the surrounding area; and
WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
WHEREAS, this Agreement was approved by the City Manager pursuant to his authority under the Emergency Purchases provision of Section 3.16.170 of the Cudahy Municipal Code and will be presented to the Cudahy City Council for ratification at its next regularly scheduled meeting on Tuesday, May 6, 2025.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:

Attachment A Page 95 of 568
2 Section 1. Scope of Services.

A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide the services and tasks described in that certain proposal of CONTRACTOR entitled “8420 Atlantic Ave. Cudahy, CA Demo” dated April 17, 2025 (hereinafter, the “Scope of Services”) which is attached and incorporated hereto as Exhibit “B”. CONTRACTOR further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks, and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the various services and tasks identified in the Scope of Services may be referred to generally by the capitalized term “Services”.

B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks, and incidental and customary work necessary to competently perform and timely complete the Services. CONTRACTOR shall perform the Services in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.

C. CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the Services to be performed under this Agreement; and (ii) has carefully considered how the Services should be performed.

CONTRACTOR will inspect any location where the Services are to be performed and acquaint itself with the conditions of the location before commencing any of the Services requested by CITY. Should the CONTRACTOR discover any latent or unknown condition(s) which will materially affect the performance of the Services, CONTRACTOR shall immediately inform the CITY of such discovery and shall not proceed, except at CONTRACTOR’s risk until written instructions are received from the City Representative as defined herein.

D. In the event CONTRACTOR ceases to perform the Services agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and/or acceptance of the Services performed by CITY, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records, and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement. Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs, or additional expenses which CITY may incur as a result of CONTRACTOR’s cessation or abandonment.

Section 2. Term.

A. This Agreement shall have a term (hereinafter, the “Term”) commencing as of the date the Agreement is executed by all the Parties until CONTRACTOR renders all services pursuant to the Scope of Services.

B. CITY and CONTRACTOR acknowledge and agree time is of the essence of this Agreement and each and every provision contained herein. The Services shall be commenced immediately upon execution of this Agreement. The Services shall be

3 completed by Thursday, April 24, 2025 (hereinafter, the “Completion Date”).

C. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.

Section 3. Performance of Services.

A. CONTRACTOR shall perform the Services continuously and with due diligence so as to complete the Services by the Completion Date. CONTRACTOR shall cooperate with CITY and in no manner interfere with the Services of CITY, its employees or other consultants, contractors, or agents.

B. CONTRACTOR shall not claim or be entitled to receive any compensation or damage because of the failure of CONTRACTOR, or its subcontractors, to have related services or tasks completed in a timely manner.

C. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR’s employees.

D. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

Section 4. Compensation.

A. CONTRACTOR shall perform all Services in accordance with the schedule of rates and charges set forth on page 1 of the Scope of Services (the “Approved Rate Schedule”). The foregoing notwithstanding, CONTRACTOR’s total compensation may not exceed the aggregate sum of TWO HUNDRED SIXTY THOUSAND EIGHT HUNDRED TWENTY-FIVE DOLLARS ($260,825) during the Term of this Agreement” (hereinafter, the “Not-to-Exceed Sum”). CONTRACTOR further agrees that the Not-to-Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks, and incidental and customary work necessary to competently perform and timely complete the Services requested by CITY.

B. Following the conclusion of each calendar month, CONTRACTOR will submit to CITY an itemized invoice indicating the Services performed and completed during the recently concluded calendar month, including and the reimbursable out-ofpocket expenses incurred. If the amount of CONTRACTOR’s monthly compensation is a function of hours worked by CONTRACTOR’s personnel, the invoice should identify the request or work order under which the Services were provided; the number of hours worked in the recently concluded calendar month; the personnel responsible for performing the Services performed; the rate of compensation at which such Services were performed, the subtotal for each Service performed and a grand total for all Services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.

4 Section 5. Standard of Care.

A. CONTRACTOR agrees as follows:

1. CONTRACTOR will perform all Services using the degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality;

2. CONTRACTOR represents all personnel assigned to perform the Services for CITY under this Agreement shall possess the skill, training, and experience necessary to competently perform the Services and shall at all times possess and maintain all licenses, certifications and/or qualifications necessary to perform the Services;

3. CONTRACTOR shall perform and complete all Services in a manner that is reasonably satisfactory to CITY;

4. CONTRACTOR shall comply with all applicable federal, State, and local laws and regulations, including all applicable Cal/OSHA regulations in the performance of this Agreement;

5. CONTRACTOR understands the nature and scope of the Services to be performed under this Agreement as well as any and all applicable schedules of performance; and

6. In the performance of this Agreement, CONTRACTOR shall supply and deploy personnel, equipment, tools, and materials necessary, in the reasonable opinion of CITY, to perform all Services in compliance with the standard of care set forth in this Section and to time complete all Services as specified by the Scope of Services or other written order.

7. CONTRACTOR shall perform, at CONTRACTOR’s sole cost and expense, any tasks necessary to correct any errors or omissions caused by CONTRACTOR’s failure to comply with the standard of care set forth in this Section or by any like failure on the part of CONTRACTOR’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing in the City Representative’s sole and absolute discretion.

B. CONTRACTOR acknowledges and agrees that CITY’s acceptance of any Services performed by CONTRACTOR or on CONTRACTOR’s behalf shall not constitute a release of any deficiency or delay in performance. CONTRACTOR further acknowledges, understands, and agrees that CITY has relied upon the representations of CONTRACTOR under paragraph A of this Section, above, and that such representations were a material inducement to CITY entering into this Agreement with CONTRACTOR.

5 Section 6. Representatives.

A. City Representative. For the purposes of this Agreement, the contract administrator and CITY’s representative shall be Alfonso Noyola, City Manager (hereinafter, the “City Representative”). It shall be CONTRACTOR’s responsibility to keep the City Representative informed of the progress of all Services provided.

CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative. Except as otherwise provided under this Agreement, written notice to City Representatives shall constitute notice to the CITY.

B. Contractor Representative. For the purposes of this Agreement, Nancy Kelly, is hereby designated as the primary representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR’s performance under this Agreement and to make all decisions in connection therewith (hereinafter, the “Contractor Representative”). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR. The Contractor’s Representative shall supervise and direct the performance of all Services, using his/her best skill and attention. The Contractor Representative shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

Section 7. Contractor’s Personnel.

A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Services and all other related tasks contemplated under this Agreement.

B. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services.

C. CONTRACTOR shall be solely responsive for the payment of any fees, assessments and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR’s performance of the Services.

D. CONTRACTOR shall be solely responsible for the satisfactory performance of all personnel working on CONTRACTOR’s behalf in the performance of this Agreement.

E. If at any time during the term of this Agreement, CITY requests the removal of any of CONTRACTOR’s employees or subcontractors assigned by CONTRACTOR to perform on CONTRACTOR’s behalf under this Agreement, CONTRACTOR shall remove such employees or subcontractors immediately upon receiving notice from CITY.

F. CONTRACTOR shall be solely responsible for the payment of all wages and

6 benefits owed to CONTRACTOR’s employees and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. CONTRACTOR shall also be solely responsive for the payment of all subcontractors acting on its behalf in the performance of this Agreement.

Section 8. Provisions Applicable to Work Constituting Public Works Under Labor Code Section 1720.

A. The provisions of this Section shall apply to the extent any of the Work to be performed by CONTRACTOR constitute a “public work” within the meaning of Section 1720(a)(1) of the Labor Code. CONTRACTOR shall comply with the provisions of the Labor Code applicable to public works, in the manner set forth under this Section. In addition to any other indemnification obligation set forth under this Agreement, CONTRACT shall indemnify, hold harmless, and defend City concerning any liability arising out of Labor Code Section 1720 et seq.

B. Hours of Work.

1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Services subject to this Section shall constitute a legal day’s work under this Agreement.

2. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the Services subject to this Section is limited to eight (8) hours during any one calendar day, and forty (40) hours during any one (1) calendar week, except in accordance with Labor Code Section 1815, which provides that work in excess of eight (8) hours during any one (1) calendar day and forty (40) hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight (8) hours during any one (1) calendar day and forty (40) hours during any one (1) calendar week at not less than one-and-one-half times the basic rate of pay.

3. CONTRACTOR and its subcontractors shall forfeit as a penalty to the CITY $25 for each worker employed in the performance of the Services subject to this Section for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day, or more than forty (40) hours in any one calendar week, in violation of the provisions of Labor Code Section 1810 and following.

C. Wages.

1. In accordance with Labor Code Section 1773.2, the CITY has determined the general prevailing wages for the locality in which Services subject to the Section are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file at the CITY and shall be made available on request. CONTRACTOR and

7 subcontractors engaged in the performance of the Services subject to this Section shall pay no less than these rates to all persons engaged in performance of the Services subject to this Section.

2. In accordance with Labor Code Section 1775, CONTRACTOR and any subcontractors engaged in performance of the Services subject to this Section shall comply with Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the Services that are subject to this Section that CONTRACTOR or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of CONTRACTOR or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of CONTRACTOR or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by CONTRACTOR or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if CONTRACTOR or subcontractor had knowledge of their obligations under the California Labor Code.

CONTRACTOR or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the Services subject to this Section is not paid the general prevailing per diem wages by the subcontractor, CONTRACTOR is not liable for any penalties therefore unless CONTRACTOR had knowledge of that failure or unless CONTRACTOR fails to comply with all of the following requirements:
(i) The contract executed between CONTRACTOR and the
subcontractor for the performance of part of the Services subject to this Section shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. (ii) CONTRACTOR shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records. (iii) Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, CONTRACTOR shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the Services subject to this Section.
(iv) Prior to making final payment to a subcontractor, CONTRACTOR shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the Services subject to this Section and any amounts due pursuant to California Labor Code Section 1813.

8 3. In accordance with Labor Code Section 1776, CONTRACTOR and each subcontractor engaged in performance of the Services subject to this Section shall keep accurate payroll records showing the name, address, social security number, work, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the Services subject to this Section. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(i) The information contained in the payroll record is true and correct.
(ii) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.

The payroll records required pursuant to Labor Code Section 1776 shall be certified and shall be available for inspection by the CITY and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with Labor Code Section 1776.

4. In accordance with Labor Code Section 1777.5, CONTRACTOR, on behalf of itself and any subcontractors acting on CONTRACTOR’s behalf in performance of the Services subject to this Section, shall be responsible for ensuring compliance with Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.

5. In case it becomes necessary for CONTRACTOR and any subcontractors performing Services on CONTRACTOR’s behalf to employ for the Services subject to this Section any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, CONTRACTOR shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to specific Services subject to this Section to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.

Section 9. Conflicts of Interest.

A. CONTRACTOR may serve other clients, but none whose activities within the corporate limits of CITY or whose business, regardless of location, would place CONTRACTOR in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

9 B. CONTRACTOR shall not employ any official or employee of the CITY during the Term of this Agreement or any extension term. No officer or employee of CITY shall have any financial interest in this Agreement that would violate Government Code Sections 1090 et seq. CONTRACTOR warrants and represents that no owner, principal, partner, officer, or employee of CONTRACTOR is or has been an official, officer, employee, agent, or appointee of the CITY within the twelve-month period of time immediately preceding the Effective Date. If an owner, principal, partner, officer, employee, agent, or appointee of CONTRACTOR was an official, officer, employee, agent, or appointee of the CITY within the twelve-month period immediately preceding the Effective Date, CONTRACTOR warrants that any such individuals did not participate in any manner in the forming of this Agreement.

CONTRACTOR understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONTRACTOR will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and CONTRACTOR will be required to reimburse the CITY for any sums paid to CONTRACTOR. CONTRACTOR understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code §1090.

C. CONTRACTOR warrants, represents, and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty.

Section 10. Independent Contractor. CONTRACTOR shall at all times in the performance of this Agreement be an independent contractor and shall not be an employee of CITY or engaged in any joint venture relationship with the CITY.

CONTRACTOR shall determine the method, details, and means of performing all of the Services to be performed by CONTRACTOR under this Agreement. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement. CONTRACTOR is permitted to provide services to others during the same period as it provides services to CITY under this Agreement. Notwithstanding any other CITY, state, or federal policy, rule, regulation, law, or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and subcontractors performing the Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contributions and/or employee contributions for PERS benefits.

10 Section 11. Non-Discrimination.

A. CONTRACTOR shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any Services provided by CONTRACTOR under this Agreement.

CONTRACTOR shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any Services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of CONTRACTOR thereby.

B. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. CONTRACTOR shall include the nondiscrimination and compliance provisions of this Section in all subcontracts to provide the Services under this Agreement.

Section 12. Indemnification.

A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY’s elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of CONTRACTOR or any of CONTRACTOR’s officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants, or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify the Indemnitees against any such negligence. The foregoing notwithstanding, nothing in this Section shall be construed to encompass (i) Indemnitees' sole negligence or willful misconduct to the extent that the Agreement is subject to Civil Code §2782(a), or (ii) CITY’s active negligence to the extent that the underlying Agreement is subject to Civil Code §2782(b).

11 B. Attorneys and other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR because of CONTRACTOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

C. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations for the benefit of CITY, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONTRACTOR or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

D. CITY does not and shall not; waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement.

E. The indemnification duty established under this Section is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. The hold harmless and indemnification provisions of this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.

F. Payment is not required as a condition precedent to an Indemnitee's right to recover under the indemnification provisions of this Section, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees’ right to recover under such indemnification provisions.

CONTRACTOR shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision.

G. CONTRACTOR’s obligations under this Section or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such

12 statutes or laws as to the Indemnities. CONTRACTOR shall fully comply with the workers’ compensation laws regarding CONTRACTOR and CONTRACTOR’s employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers’ compensation laws.

H. The provisions of this Section shall survive the termination of this Agreement and the completion of all Services contemplated under this Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement.

Section 13. Insurance.

A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

2. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

3. Worker’s Compensation insurance as required by the State of California.

B. CONTRACTOR shall require each of its sub-consultants or sub-contractors to maintain insurance coverage that meets all of the requirements of this Agreement.

C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.

D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR’S expense, the premium thereon.

E. Prior to commencement of any Services under this Agreement, CONTRACTOR shall file with CITY’s Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.

F. CONTRACTOR shall provide proof that policies of insurance expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two

13 weeks prior to the expiration of the coverages.

G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds.

All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY.

CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

H. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

I. All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR’s employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents, and volunteers.

J. Any deductibles or self-insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.

K. If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.

L. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR’s liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.

M. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement effective upon notice.

N. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Any amendment to the insurance requirements of this Article shall be memorialized and approved in the form of a written amendment to this

14 Agreement, signed by the Parties. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void or invalid.

Section 14. Records and Inspection. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Services and enable the CITY to evaluate the performance of the Services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

Section 15. Termination.

A. Termination for Convenience. CITY may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to CONTRACTOR specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by either the City Representative or the City Manager. CONTRACTOR may only terminate this Agreement for cause.

B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service, or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service, or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY’s discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications.

1. CONTRACTOR shall cure the following Event of Default within the following time periods:

15 i. Within three (3) business days of CITY’s issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation, or work product which CONTRACTOR is obligated to provide to CITY or CITY’s employees or agents under this Agreement.

Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within thirty (30) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.

If an Event of Default relates to a material falsehood or misrepresentation set forth in the Scope of Services that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation.

The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY.

2. Except as otherwise specified in this Agreement, CITY shall cure any Event of Default asserted by CONTRACTOR within thirty (30) calendar days of CONTRACTOR’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR’s Default Notice to CITY.

3. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR’s performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR’s cure of any Event of Default by giving

16 CONTRACTOR written notice of CITY’s intent to suspend CONTRACTOR’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default.

Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.

4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law.

In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.

6. In the event CITY is in breach of this Agreement, CONTRACTOR’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.

7. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant,

17 warranty, agreement, term, condition, duty, or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

Section 16. Force Majeure. The Completion Date may be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY.

CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.

Section 17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR’s and CITY’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.

If to CITY: If to CONTRACTOR:

City of Cudahy
Office of the City Manager
Attn: Alfonso Noyola, City Manager
Cudahy City Hall
5220 Santa Ana St.,
Cudahy, CA 90201
Phone: (702) 401-8223
Integrated Demolition and
Remediation, Inc.
421 E Cerritos Avenue,
Anaheim, CA 92805
Attn: Nancy Kelly
Phone: (714) 296-2421
Email: [email protected]
Section 18. Prohibition. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY’s prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

Section 19. Attorneys’ Fees. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorneys’ fees.

Section 20. Entire Agreement. All documents referenced as exhibits in this Agreement

18 are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties.

Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.

Section 21. Governing Law; Jurisdiction. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

Section 22. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Section 23. Captions. The captions used in this Agreement are solely for reference and the convenience of the Parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.

Section 24. Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]

19 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF CUDAHY:

By:

Alfonso Noyola,
City Manager
Date:

INTEGRATED DEMOLITION AND
REMEDIATION INC.

By: ______________________________
Name:____________________________
Title:_____________________________
Date:

APPROVED AS TO FORM:

By:_____________________________
Stephanie A. Arechiga,
City Attorney
Date:
4/17/2025
Shrenik Vora
President
4-17-25
4/18/2025

20 EXHIBIT “A”
IDS GROUP LETTER DATED APRIL 15, 2025

1 Peters Canyon Road, Suite 130 ▲ Irvine, California 92606 ▲ 949.387.8500 ▲ 949.387.0800 fax ▲ www.idsgi.com 4/15/2025
Mr. Raul Diaz

PW DIRECTOR
842 Atlantic Ave.

Cudahy, CA 90201
Subject: Burning Tilt up Building
IDS Project Number: 25X041.00
Dear Mr. Raul Diaz:

IDS group, Inc. visited the job site at 8420 Atlantic Ave., Cudahy, CA 90201.

It was observed that the building was severely damaged by fire, and it is recommended that the building be demolished. A 48-hour window has been established (as of today’s date at 4:00 pm) that the building can stand on its own but further than that it should be braced so as not fall into the neighboring street. Please see the following pictures showing the damage caused by the fire.

Sincerely,
IDS Group, Inc.

Dante Flores-Alva
Senior Associate

8420 Atlantic Ave.

Cudahy, CA 90201
April 15, 2025

1.) Walls are still standing but bracing is needed it do to the lack of diaphragm.

2.) Inside of the building. Diaphragm is non-existent but main members will still hold for the next 48 hours.

21 EXHIBIT “B”

SCOPE OF SERVICES

421 E CERRITOS AVE. ANAHEIM, CA 92805 PHONE: 714-340-3333 • FAX: 714-709-4729 CSLB LICENSE #1003504 DIR # 1000023608
April 17, 2025 Proposal Number: 7521190988
City of Cudahy
5220 Santa Ana St
Cudahy, CA 90201
Raul Diaz
[email protected]
323.773.5143 ext. 306
Project Name: 8420 Atlantic Ave. Cudahy, CA Demo
Integrated Demolition and Remediation (IDR) respectfully submits the following proposal for the above referenced project for your consideration.

Scope of work:

Building Demolition:
- Demolish Building: All four walls, Interior debris, Roofing, and Staircase - IDR will install temporary fence to secure the site
- IDR will work 14-hour shift for 5-6 days
- IDR will need 1.5 Days of Atlantic Closure and 1.5 days of Patata Closure to complete Wall demolition
-Slab removal up to 12 Inch Thick (anything beyond not included) -Footings (up to 5’ below grade)
Total $260,825
Contract Conditions and Assumptions: This proposal or listed clarifications, conditions and exclusions in this proposal will be included as part of any mutually agreed upon contract • Owner to provide a copy of Hazardous survey prior to starting Demolition • Proposal is based on Prevailing Wages
• IDR will pull the Demo Permit from the City.
• IDR will be reimbursed for any cost charged by the city towards the demo permit. • IDR will provide a Traffic Control Plan
• Haul off and proper disposal per all applicable laws, rules and regulations for all line items listed. • The proposal is based on One mobilization; additional mobilization will be billed at $3,500.00/mob • Import /Export of soil / dirt is excluded from this proposal • This proposal excludes Site Demolition, Earthwork, Grading, Excavation, Hydro seeding, Erosion Control, and SWPPP
THIS PROPOSAL IS VALID FOR THIRTY (30) DAYS.

421 E CERRITOS AVE. ANAHEIM, CA 92805 PHONE: 714-340-3333 • FAX: 714-709-4729 CSLB LICENSE #1003504 DIR # 1000023608
Upon commencement of work, this proposal shall become a binding contract between both parties unless or until superseded by a formal mutually agreed upon contract, at which time this proposal shall become a part of the new contract document.

Regards,
X
Nancy Kelly
Business Development Specialist
[email protected]
(714) 296-2421

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
05/06/2025 Page 1 of 4

STAFF REPORT
Date: May 6, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Joshua Calhoun, Finance Director
Subject: Consideration to Update the Development Impact Fee Schedule for All Development within the City of Cudahy

RECOMMENDATION
The City Council is requested to:

1. Open the public hearing and receive public comment, testimony and any written protests regarding these proceedings; and

2. Adopt Resolution No. 25-21 updating the Development Impact Fee (DIF) schedule for all development within the City of Cudahy.

BACKGROUND

1. On May 4, 2021, the City Council adopted Ordinance No. 714 establishing development impact fees including the development impact fee calculations and justification study, adding Chapter 15.40 ("DEVELOPMENT IMPACT FEES") of Title 15 ("BUILDINGS AND CONSTRUCTION") to the Cudahy Municipal Code; and

2. On April 20, 2021, the City Council adopted Resolution No. 21-12 establishing a development impact fee schedule for all development within the City of Cudahy.

ANALYSIS
Development Impact Fees
The Development Impact Fees (DIF) Study is designed to address resident concerns regarding the impact new development will have on future City growth. DIFs are paid by developers to Item Number
13A

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
05/06/2025 Page 2 of 4

mitigate the impacts of their development. Impact Fees are collected to mitigate the impacts to facilities and infrastructure created by increase traffic and facility uses. City Staff worked with the consultant to identify four categories where development impact fees can mitigate impacts of development. These categories are:
• Traffic Facilities
• Parking Facilities
• Parks and Recreation
• Government facilities
• Art in Public Places
The City’s adopted General Plan estimates an increase of 1,440 dwelling units, resulting from the implementation of the General Plan and its adopted goals and policies. This represents an increase of 6,440 additional residents and the creation of an additional 8,981 jobs. These changes and growth will result in a future demand for facilities relating to traffic, parking, government facilities and parks. Additionally, this growth will decrease the ratio of parkland per 1,000 residents, resulting in a need for new parkland (green spaces) and to maintain the current parkland space from increased used.

The Development Fee Study has determined what has changed in terms of facilities and needs.

The primary purpose of the report is to calculate and present fees that will enable the City to expand its inventory of public facilities, as new development creates increases in service demands.

Updating the Development Fee Schedule that best addresses the City’s future growth is crucial to ensure that City residents’ current and future needs are met. The adoption of the Cudahy 2040 General Plan has led to an influx of developments. However, due to a lack of affordable housing specific Development Impact Fees, the city has not been able to charge fees to those developments that would be used to fund future facility expansions that would benefit our residents. This has led to a negative correlation: As development increases, service levels will decrease for existing and new residents. Therefore, it is necessary for new development to mitigate its impacts to the City. The table of recommended updates to the development fees are listed below:

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
05/06/2025 Page 3 of 4

Given the city’s revenue challenges Cudahy has decided to use a development impact fee program to ensure that new development funds the share of facility costs associated with growth. This report makes use of the most current available growth forecasts and facility plans to update the City’s impact fee program to ensure that fees collected will cover the expected impacts resulting from development.

The Mitigation Fee Act requires that this analysis Identify the use to which the fee is to be put, and those facilities shall be identified. Impact fee revenue must be spent on new facilities or expansion of current facilities to serve new development. Facilities can be generally defined as capital acquisition items with a useful life greater than five years. Impact fee revenue can be spent on capital facilities to serve new development, including but not limited to land acquisition, construction of buildings, infrastructure, the acquisition of vehicles or equipment, information technology, software licenses and equipment. Impact fees may only fund the share of public facilities related to new development in Cudahy. These fees may not be used to fund the share of facility needs generated by existing development or by development outside of the City.

Updating the fee schedule to include development impact fees for affordable housing units, inclusionary units and homeless housing will the impacts from these developments contribute their fair share, as they were previously exempted.

CONCLUSION
The City Council is recommended to adopt Resolution No. 25-21 updating development impact fee schedule for all development within the City of Cudahy.

STRATEGIC PLAN CORRELATION
Land Use
Traffic
Facilities
Parks and
Recreation
Facilities (Infill)
Parks and
Recreation
Facilities
(Subdivision)
General
Government
Facilities
Parking
Facilities
50% of Maximum Justified
Residential - Fee per Dwelling Unit
Affordable Housing Units
Single Family $ 1,019 $ 5,812 $ 18,942 $ 698
Multifamily 683 5,152 16,790 619
Inclusionary Units
Single Family $ 1,019 $ 5,812 $ 18,942 $ 698
Multifamily 683 5,152 16,790 619
Homeless Housing Including …Emergency
Shelters
Single Family $ 1,019 $ 5,812 $ 18,942 $ 698
Multifamily 683 5,152 16,790 619
In-Lieu Fee per Parking Space $ - $ - $ - $ - $14,585

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
05/06/2025 Page 4 of 4

TBD

FINANCIAL IMPACT
The adoption of the development impact fees will ensure new development pays its fair share of infrastructure costs by providing revenue that is dedicated to address resident needs for facility and services expansion and for rehabilitating dilapidated parks and government facilities.

ATTACHMENTS
A. Proposed Draft Resolution No. 25-21 (Exhibit A – Development Impact Fee Schedule) B. Public Hearing Notice

RESOLUTION NO. 25-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CUDAHY UPDATING DEVELOPMENT IMPACT FEE

SCHEDULE FOR ALL DEVELOPMENT WITHIN THE CITY

OF CUDAHY
WHEREAS, on April 20, 2021, the City of Cudahy (“City”) introduced Ordinance No. 714 adopting the Development Impact Fee Calculation and Development Impact Fee Justification Study (“Study”) prepared by Willdan Financial Services for the City of Cudahy; and
WHEREAS, Ordinance No. 714 also added Chapter 15.40 (“Development Impact Fees”) of Title 15 (“Buildings and Construction”) to the Cudahy Municipal Code, establishing development impact fees. These fees ensure that new development mitigates its share of impacts on the natural and built environment; and WHEREAS, the Study identified four (4) types of public facilities associated with new development to be funded by development impact fees and provided cost estimates to serve as a reasonable basis for calculating and imposing the development impact fees; and
WHEREAS, Ordinance No. 714 provided that the City Council shall by resolution establish and periodically adjust the amount of the development impact fees consistent with Government Code section 66000 et seq.; and
WHEREAS, the City Council desires to update the fee schedule to incorporate development impact fees for affordable housing units, inclusionary units and homeless housing, as evidenced in Exhibit “A”, attached and incorporated herein, in accordance with the calculations and recommendations contained in the Study (“Proposed Development Impact Fees”); and
WHEREAS, in compliance with the Mitigation Fee Act (Government Code section 66000 et seq.), the City Council held a public meeting on the Proposed Development Impact Fees on May 6, 2025, published a public hearing notice on April 19, 2025, on the proposed development impact fees.

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF CUDAHY DOES HEREBY RESOLVE 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. Adoption of Fee Schedule. The City Council hereby approves and adopts the updated Development Impact Fee Schedule as set forth in Exhibit A to this Resolution, attached hereto and incorporated herein. Exhibit A sets forth the aggregate Attachment A Page 125 of 568
amount imposed as a development impact fee for residential land uses and also sets forth the breakdown of each development impact fee by type of facility.

SECTION 2. Findings Pursuant to Government Code Section 66001. The City Council finds and determines that the development impact fees in the Fee Schedule comply with California Government Code section 66001 by establishing the basis for the imposition of fees on new development. This finding is based on the fact that the Study:
(a) Identifies the purpose of the fee;
(b) Identifies the use to which the fee will be put towards; (c) Shows a reasonable relationship between the use of the fee and the type of development project on which the fee is imposed;
(d) Demonstrates a reasonable relationship between the need for the public facilities and the type of development projects on which the fee is imposed; and
(e) Demonstrates a reasonable relationship between the amount of the fee and the cost of the public facilities or portion of the public facilities attributable to the development on which the fee is imposed.

SECTION 3. Fees for Uses Consistent with the Study. The City Council hereby determines that the fees imposed, pursuant to this Resolution shall be used solely to finance the public facilities described or identified in the Study.

SECTION 4. Approval of Items in the Study. The City Council has considered the specific public facilities and cost estimates identified in the Study and hereby approves such public facilities and cost estimates and further finds that the cost estimates serve as a reasonable basis for calculating and imposing the development impact fees for such public facilities.

SECTION 5. Severability. If any action, subsection, sentence, clause or phrase of this Resolution or the imposition of a development impact fee shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this Resolution or other fees levied by this Resolution that can be given effect without the invalid provisions or application of fees.

SECTION 6. CEQA Finding. The adoption of development impact fees is not subject to the California Environmental Quality Act in that pursuant to CEQA Guidelines, section 15378(b) (4), the creation of government funding mechanisms which do not involve any commitment to any specific project which may cause a significant effect on the environment, is not defined as a “project” under CEQA.

SECTION 7. Effective Date. Consistent with California Government Code section 66017(a), the fees as identified in Exhibit A adopted by this Resolution shall take effect sixty (60) days following the adoption of this Resolution by the City Council.

PASSED AND ADOPTED by the City Council of the City of Cudahy this ___th day of ___________, 2025 by the following vote:

Elizabeth Alcantar Loza
Mayor
ATTEST:
_________________________
Richard Iglesias
City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )

I, Richard Iglesias, City Clerk of the City of Cudahy,herby certify that the foregoing Resolution No. 25-21 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 _______ day of ______ 2025, and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Richard Iglesias
City Clerk

EXHIBIT A

DEVELOPMENT IMPACT FEE SCHEDULE

Table 1: Development Impact Fee Schedule
Land Use
Traffic
Facilities
Parks and
Recreation
Facilities (Infill)
Parks and
Recreation
Facilities
(Subdivision)
General
Government
Facilities
Parking
Facilities
50% of Maximum Justified
Residential - Fee per Dwelling Unit
Affordable Housing Units
Single Family $ 1,019 $ 5,812 $ 18,942 $ 698
Multifamily 683 5,152 16,790 619
Inclusionary Units
Single Family $ 1,019 $ 5,812 $ 18,942 $ 698
Multifamily 683 5,152 16,790 619
Homeless Housing Including …Emergency
Shelters
Single Family $ 1,019 $ 5,812 $ 18,942 $ 698
Multifamily 683 5,152 16,790 619
In-Lieu Fee per Parking Space $ - $ - $ - $ - $14,585

CITY OF CUDAHY

DEVELOPMENT IMPACT FEE STUDY
FINAL
APRIL 7, 2021
Oakland Office Corporate Office Other Regional Offices
66 Franklin Street 27368 Via Industria Memphis, TN
Suite 300 Suite 110 Orlando, FL
Oakland, CA 94607 Temecula, CA 92590 Phoenix, AZ
Tel: (510) 832-0899 Tel: (800) 755-MUNI (6864) Sacramento, CA Fax: (510) 832-0898 Fax: (909) 587-3510 Seattle, WA
www.willdan.com

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i

TABLE OF CONTENTS
EXECUTIVE SUMMARY .......................................................................... 1 Background and Study Objectives 1
Facility Standards and Costs 1
Use of Fee Revenues 2
Development Impact Fee Schedule Summary 2
Other Funding Needed 3

1. INTRODUCTION................................................................................ 5 Public Facilities Financing in California 5
Study Objectives 5
Fee Program Maintenance 6
Study Methodology 6
Types of Facility Standards 6
New Development Facility Needs and Costs 7
Organization of the Report 8

2. GROWTH FORECASTS...................................................................... 9 Land Use Types 9
Existing and Future Development 9
Occupant Densities 10

3. TRAFFIC FACILITIES ....................................................................... 12 Trip Demand 12
Trip Growth 14
Planned Facilities 14
Cost Per Trip 15
Fee Schedule 16

4. PARKS AND RECREATION FACILITIES................................................ 17 Service Population 17
Existing Parkland and Park Facilities Inventory 17
Parkland and Park Facilities Unit Costs 18
Parkland and Park Facility Standards 19
Mitigation Fee Act 19
Quimby Act 20
City of Cudahy Parkland and Park Facilities Standards 20 Facilities Needed to Accommodate New Development 20
Parks Cost per Capita 21
Use of Fee Revenue 22
Fee Schedule 22

5. GENERAL GOVERNMENT FACILITIES ................................................ 24 Service Population 24

City of Cudahy Development Impact Fee Study
ii
Existing Facility Inventory 25
Facility Standard 25
Fee Revenue Projection 26
Fee Schedule 26

6. PARKING FACILITIES IN-LIEU FEE..................................................... 28 Parking Requirements 28
Parking Facilities Unit Costs 29
Use of Fee Revenue 29
Fee Schedule 29

7. ART IN PUBLIC PLACES................................................................... 31

8. IMPLEMENTATION .......................................................................... 32 Impact Fee Program Adoption Process 32
Inflation Adjustment 32
Reporting Requirements 32
Programming Revenues and Projects with the CIP 34
Reimbursements 34

9. MITIGATION FEE ACT FINDINGS ...................................................... 35 Purpose of Fee 35
Use of Fee Revenues 35
Benefit Relationship 35
Burden Relationship 35
Proportionality 36

1 Executive Summary
This report summarizes an analysis of development impact fees needed to support future development in The City of Cudahy through buildout of the City’s General Plan. It is the City’s intent that the costs representing future development’s share of public facilities and capital improvements be imposed on that development in the form of a development impact fee, also known as a public facilities fee. The public facilities and improvements included in this analysis are divided into the fee categories listed below:
▪ Traffic Facilities
▪ Parks and Recreation Facilities
▪ General Government Facilities
▪ Parking Facilities
▪ Art in Public Places
Background and Study Objectives
The primary policy objective of a development impact fee program is to ensure that new development pays the capital costs associated with growth. The primary purpose of this report is to calculate and present fees that will enable the City to expand its inventory of public facilities, as new development creates increases in service demands.

The City imposes public facilities fees under authority granted by the Mitigation Fee Act (the Act), contained in California Government Code Sections 66000 et seq. This report provides the necessary findings required by the Act for adoption of the fees presented in the fee schedules contained herein.

All development impact fee-funded capital projects should be programmed through the City’s Capital Improvement Plan (CIP). Using a CIP can help the City identify and direct its fee revenue to public facilities projects that will accommodate future growth. By programming fee revenues to specific capital projects, the City can help ensure a reasonable relationship between new development and the use of fee revenues as required by the Mitigation Fee Act.

Facility Standards and Costs
There are three approaches typically used to calculate facilities standards and allocate the costs of planned facilities to accommodate growth in compliance with the Mitigation Fee Act requirements.

The existing inventory approach is based on a facility standard derived from the City’s existing level of facilities and existing demand for services. This approach results in no facility deficiencies attributable to existing development. This approach is often used when a long-range plan for new facilities is not available. Only the initial facilities to be funded with fees are identified in the fee study. Future facilities to serve growth will be identified through the City’s annual capital improvement plan and budget process and/or completion of a new facility master plan. This approach is to calculate the parks and recreation fees and the general government facilities fees in this report.

The planned facilities approach allocates costs based on the ratio of planned facilities that serve new development to the increase in demand associated with new development. This approach is appropriate when specific planned facilities that only benefit new development can be identified, or when the specific share of facilities benefiting new development can be identified. Examples include street improvements to avoid deficient levels of service or a sewer trunk line extension to

City of Cudahy Development Impact Fee Study
2 a previously undeveloped area. This approach is used to calculate the traffic facilities, art in public places and the parking in-lieu facilities fees in this report.

The system plan approach is based on a master facility plan in situations where the needed facilities serve both existing and new development. This approach allocates existing and planned facilities across existing and new development to determine new development’s fair share of facility needs. This approach is used when it is not possible to differentiate the benefits of new facilities between new and existing development. Often the system plan is based on increasing facility standards, so the City must find non-impact fee revenue sources to fund existing development’s fair share of planned facilities. This approach is not used in this report.

Use of Fee Revenues
The Mitigation Fee Act requires that this analysis “Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified. That identification may, but need not, be made by reference to a capital improvement plan as specified in Section 65403 or 66002, may be made in applicable general or specific plan requirements, or may be made in other public documents that identify the public facilities for which the fee is charged.” 1 Each
chapter in this report identifies the appropriate use of impact fee revenues for each particular impact fee category.

Impact fee revenue must be spent on new facilities or expansion of current facilities to serve new development. Facilities can be generally defined as capital acquisition items with a useful life greater than five years. Impact fee revenue can be spent on capital facilities to serve new development, including but not limited to land acquisition, construction of buildings, infrastructure, the acquisition of vehicles or equipment, information technology, software licenses and equipment.

Development Impact Fee Schedule Summary
Table E.1 summarizes the development impact fees that meet the City’s identified needs and comply with the requirements of the Mitigation Fee Act. The table shows fees for development projects that meet their parking requirements onsite. Projects that cannot meet onsite parking requirements can pay the parking in-lieu fee for each required offsite parking space. 1 California Government Code §66001 (a) (2).

City of Cudahy Development Impact Fee Study
3 Table E.1: Maximum Justified Impact Fee Summary
Land Use
Traffic
Facilities
Parks and
Recreation
Facilities1
General
Government
Facilities
Total
(Onsite
Parking)2
Residential - Fee per Dwelling Unit
Single Family $ 2,037 $ 11,624 $ 1,395 $ 15,056
Multifamily 1,365 10,303 1,237 12,905
Nonresidential - Fee per 1,000 Sq. Ft.

Commercial $ 3,174 $ - $ 3,370 196 $
Office 3,174 - 233 3,407
Industrial 1,945 - 110 2,055
Sources: Tables 3.5, 4.9, 5.5.
1 Mitigation Fee Act fee show n. Quimby fees in lieu of parkland dedication only apply to development occurring in subdivisions. Quimby in-lieu fees are $37,884 per single family unit and $33,579 per multifamily unit. 2 Assumes that development project provides parking onsite. Maximum justified fee of $29,170 in-lieu of providing one space onsite. Refer to City's municipal code parking standards for detailed parking requirements.

Other Funding Needed
Impact fees may only fund the share of public facilities related to new development in Cudahy.

They may not be used to fund the share of facility needs generated by existing development or by development outside of the City. As shown in Table E.2, approximately $14.6 million in additional funding will be needed to complete the facility projects the City currently plans to develop if fees are adopted at the maximum justified fee level. The “Additional Funding Required” column shows non-impact fee funding required to fund a share of the improvements partially funded by impact fees. Non-fee funding is needed because these facilities are needed partially to remedy existing deficiencies and partly to accommodate new development. To the extent that the City adopts fees that are lower than the maximum justified amount, the non-fee funding requirements may increase, depending on the fee category and methodology.

The City will need to develop alternative funding sources to fund existing development’s share of the planned facilities. Potential sources of revenue include but are not limited to existing or new general fund revenues, existing or new taxes, special assessments, and grants.

City of Cudahy Development Impact Fee Study
4 Table E.2: Additional Funding Required
Fee Category
Total Project
Cost
Projected
Impact Fee
Revenue
Additional
Funding
Required
Traffic Facilities $ 28,256,598 $ 13,670,799 $ 14,585,799 Parks and Recreation Facilities1 14,601,000 14,601,000 - General Government Facilities 2,869,597 2,869,597 -
Total $ 45,727,195 $ 31,141,396 $ 14,585,799
Sources: Tables 3.3, 4.6 and 5.4.
1 Total project cost show n if no development occurs in subdivisions. Impact fees w ill fully fund new development's share of park and recreation facilities.

5 1. Introduction
This report presents an analysis of the need for public facilities to accommodate new development in the City of Cudahy. This chapter provides background for the study and explains the study approach under the following sections:
▪ Public Facilities Financing in California;
▪ Study Objectives;
▪ City of Cudahy Impact Fee Program;
▪ Fee Program Maintenance;
▪ Study Methodology; and
▪ Organization of the Report.

Public Facilities Financing in California
The changing fiscal landscape in California during the past 40 years has steadily undercut the financial capacity of local governments to fund infrastructure. Three dominant trends stand out:
▪ The passage of a string of tax limitation measures, starting with Proposition 13 in 1978 and continuing through the passage of Proposition 218 in 1996; ▪ Declining popular support for bond measures to finance infrastructure for the next generation of residents and businesses;
▪ Unfunded state and federal mandates; and,
▪ Steep reductions in federal and state assistance.

Faced with these trends, many cities and counties have had to adopt a policy of “growth pays its own way.” This policy shifts the burden of funding infrastructure expansion from existing ratepayers and taxpayers onto new development. This funding shift has been accomplished primarily through the imposition of assessments, special taxes, and development impact fees also known as public facilities fees. Assessments and special taxes require the approval of property owners and are appropriate when the funded facilities are directly related to the developing property. Development impact fees, on the other hand, are an appropriate funding source for facilities that benefit all development jurisdiction-wide. Development impact fees need only a majority vote of the legislative body for adoption.

Study Objectives
The primary policy objective of a public facilities fee program is to ensure that new development pays the capital costs associated with growth. The primary purpose of this report is to establish impact fees for Cudahy to ensure that growth pays its own way. The proposed fees will enable the City to expand its inventory of public facilities as new development leads to increases in service demands.

The City can impose public facilities fees under authority granted by the Mitigation Fee Act (the Act), contained in California Government Code Sections 66000 et seq. This report provides the necessary findings required by the Act for adoption of the fees presented in the fee schedules presented in this report.

Cudahy is nearly built out but anticipates some growth forecast through the buildout of the General Plan. While the magnitude of growth is small, the lack of available space to provide public facilities will present many challenges in accommodating even small increases in service population. This growth will create an increase in demand for public services and the facilities

City of Cudahy Development Impact Fee Study
6 required to deliver them. Given the revenue challenges described above, Cudahy has decided to use a development impact fee program to ensure that new development funds the share of facility costs associated with growth. This report makes use of the most current available growth forecasts and facility plans to create an impact fee program for the City to ensure that the fee program accurately represents the facility needs resulting from new development.

Fee Program Maintenance
Once a fee program has been adopted it must be properly maintained to ensure that the revenue collected adequately funds the facilities needed by new development. To avoid collecting inadequate revenue, the inventories of existing facilities and costs for planned facilities must be updated periodically for inflation, and the fees recalculated to reflect the higher costs. The use of established indices for each facility included in the inventories (land, buildings, and equipment), such as the Engineering News-Record, is necessary to accurately adjust the impact fees. For a list of recommended indices, see Chapter 8.

While fee updates using inflation indices are appropriate for annual or periodic updates to ensure that fee revenues keep up with increases in the costs of public facilities, it is recommended to conduct more extensive updates of the fee documentation and calculation (such as this study) when significant new data on growth forecasts and/or facility plans become available. For further detail on fee program implementation, see Chapter 8.

Study Methodology
Development impact fees are calculated to fund the cost of facilities required to accommodate growth. The six steps followed in this development impact fee study include:

1. Estimate existing development and future growth: Identify a base year for existing development and a growth forecast that reflects increased demand for public facilities;

2. Identify facility standards: Determine the facility standards used to plan for new and expanded facilities;

3. Determine facilities required to serve new development: Estimate the total amount of planned facilities, and identify the share required to accommodate new development;

4. Determine the cost of facilities required to serve new development: Estimate the total amount and the share of the cost of planned facilities required to accommodate new development;

5. Calculate fee schedule: Allocate facilities costs per unit of new development to calculate the development impact fee schedule; and

6. Identify alternative funding requirements: Determine if any non-fee funding is required to complete projects.

The key public policy issue in development impact fee studies is the identification of facility standards (step #2, above). Facility standards document a reasonable relationship between new development and the need for new facilities. Standards ensure that new development does not fund deficiencies associated with existing development.

Types of Facility Standards
There are three separate components of facility standards:
 Demand standards determine the amount of facilities required to accommodate growth, for example, park acres per thousand residents, square feet of library space per capita, or gallons of water per day. Demand standards may also reflect a level of service such as the vehicle volume-to-capacity (V/C) ratio used in traffic planning.

City of Cudahy Development Impact Fee Study
7  Design standards determine how a facility should be designed to meet expected demand, for example, park improvement requirements and technology infrastructure for City office space. Design standards are typically not explicitly evaluated as part of an impact fee analysis but can have a significant impact on the cost of facilities. Our approach incorporates the cost of planned facilities built to satisfy the City’s facility design standards.
 Cost standards are an alternate method for determining the amount of facilities required to accommodate growth based on facility costs per unit of demand. Cost standards are useful when demand standards were not explicitly developed for the facility planning process. Cost standards also enable different types of facilities to be analyzed based on a single measure (cost or value) and are useful when different facilities are funded by a single fee program. Examples include facility costs per capita, cost per vehicle trip, or cost per gallon of water per day.

New Development Facility Needs and Costs
Several approaches are used to identify facility needs and costs to serve new development. This is often a two-step process: (1) identify total facility needs, and (2) allocate to new development its fair share of those needs.

There are three common methods for determining new development’s fair share of planned facilities costs: the existing inventory method, the planned facilities method, and the system plan method. The formula used by each approach and the advantages and disadvantages of each method is summarized below:

Existing Inventory Method
The existing inventory method allocates costs based on the ratio of existing facilities to demand from existing development as follows:

Current Value of Existing Facilities
Existing Development Demand
Under this method new development will fund the expansion of facilities at the same standard currently serving existing development. The existing inventory method results in no facility deficiencies attributable to existing development. This method is often used when a long-range plan for new facilities is not available. Only the initial facilities to be funded with fees are identified in the fee study. Future facilities to serve growth are identified through an annual capital improvement plan and budget process, possibly after completion of a new facility master plan.

This approach is to calculate the parks and recreation fees and the general government facilities fees in this report.

Planned Facilities Method
The planned facilities method allocates costs based on the ratio of planned facility costs to demand from new development as follows:

Cost of Planned Facilities
New Development Demand
This method is appropriate when planned facilities will entirely serve new development, or when a fair share allocation of planned facilities to new development can be estimated. An example of the former is a Wastewater trunk line extension to a previously undeveloped area. An example of the latter is a portion of a roadway that has been identified as necessary to mitigate the impact from new development through traffic modeling analysis. Under this method new development will fund the expansion of facilities at the standards used in the applicable planning documents.

This approach is used to calculate the traffic facilities, art in public places and parking in-lieu facilities fees in this report.
= $/unit of demand
= $/unit of demand

City of Cudahy Development Impact Fee Study
8 System Plan Method
This method calculates the fee based on the value of existing facilities plus the cost of planned facilities, divided by demand from existing plus new development:

Value of Existing Facilities + Cost of Planned Facilities Existing + New Development Demand
This method is useful when planned facilities need to be analyzed as part of a system that benefits both existing and new development. It is difficult, for example, to allocate a new fire station solely to new development when that station will operate as part of an integrated system of fire stations that together achieve the desired level of service.

The system plan method ensures that new development does not pay for existing deficiencies.

Often facility standards based on policies such as those found in General Plans are higher than the existing facility standards. This method enables the calculation of the existing deficiency required to bring existing development up to the policy-based standard. The local agency must secure non-fee funding for that portion of planned facilities required to correct the deficiency to ensure that new development receives the level of service funded by the impact fee. This approach is not used in this report.

Organization of the Report
The determination of a public facilities fee begins with the selection of a planning horizon and development of growth projections for population and employment. These projections are used throughout the analysis of different facility categories and are summarized in Chapter 2.

Chapters 3 through 7 identify facility standards and planned facilities, allocate the cost of planned facilities between new development and other development, and identify the appropriate development impact fee for the following facility categories:
▪ Traffic Facilities
▪ Parks and Recreation Facilities
▪ General Government Facilities
▪ Parking Facilities In-Lieu Fee
▪ Art in Public Places
Chapter 8 details the procedures that the City must follow when implementing a development impact fee program. Impact fee program adoption procedures are found in California Government Code Sections 66016 through 66018.

The five statutory findings required for adoption of the proposed public facilities fees in accordance with the Mitigation Fee Act are documented in Chapter 9. = $/unit of demand

9 2. Growth Forecasts
Growth projections are used as indicators of demand to determine facility needs and allocate those needs between existing and new development. This chapter explains the source for the growth projections used in this study based on a 2020 base year and a planning horizon of buildout of the City’s General Plan.

Estimates of existing development and projections of future growth are critical assumptions used throughout this report. These estimates are used as follows:
▪ The estimate of existing development in 2020 is used as an indicator of existing facility demand and to determine existing facility standards. ▪ The estimate of total development at buildout of the General Plan is used as an indicator of future demand to determine total facilities needed to accommodate growth and remedy existing facility deficiencies, if any. ▪ Estimates of growth from 2020 through buildout are used to (1) allocate facility costs between new development and existing development, and (2) estimate total fee revenues.

The demand for public facilities is based on the service population, dwelling units or nonresidential development creating the need for the facilities.

Land Use Types
To ensure a reasonable relationship between each fee and the type of development paying the fee, growth projections distinguish between different land use types. The land use types that impact fees have been calculated for are defined below. ▪ Single family: Detached and attached one-unit dwellings. ▪ Multifamily: All attached multifamily dwellings including duplexes and condominiums.
▪ Commercial: All commercial, retail, educational, and hotel/motel development. ▪ Office: All general, professional, and medical office development. ▪ Industrial: All warehouse, manufacturing, and other industrial development.

Some developments may include more than one land use type, such as a mixed-use development with both multifamily and commercial uses. Another similar situation would be a warehousing facility that contains office space. In those cases, the facilities fee would be calculated separately for each land use type included within the building.

The City has the discretion to determine which land use type best reflects a development project’s characteristics for purposes of imposing an impact fee and may adjust fees for special or unique uses to reflect the impact characteristics of the use.

Existing and Future Development
Table 2.1 shows the estimated number of residents, dwelling units, employees, and building square feet in Cudahy, both in 2020 and at buildout of the City’s General Plan. The base year estimates of residents and dwelling units comes from the California Department of Finance. The future dwelling unit projection total is based on the increase in dwelling units from the City’s General Plan and assumes that the proportion of single family to multifamily units will remain constant through buildout. The projection of residents at buildout also comes from the City’s General Plan.

City of Cudahy Development Impact Fee Study
10 Estimates of existing and projected building square footage come from the City's General Plan "Realistic Buildout" Scenario in General Plan Table LU 4.

Estimates of base year employees come from the U.S. Census Bureau, LEHD Origin-Destination Employment Statistics, OnTheMap Application. Future employees are estimated based on the increase in nonresidential building square footage and assume the same ratio of commercial to office to industrial employees as currently exists in the City. 2020 Buildout Increase
Residents1
24,164 30,607 6,443
Dwelling Units2
Single Family 3,460 4,323 863
Multifamily 2,320 2,899 579
Total 5,780 7,222 1,442
Building Square Feet (000s)3
1,283 5,173 3,890
Employment4
Commercial 1,105 4,455 3,350
Office 1,318 5,314 3,996
Industrial 539 2,174 1,635
Total 2,962 11,943 8,981
Table 2.1: Citywide Demographic Assumptions
Sources: Cudahy 2040, General Plan, 2017; California Department of Finance (DOF), Table E-5, 2020; U.S. Census Bureau, OnTheMap Application, http://onthemap.ces.census.gov, Willdan Financial Services. 3 Estimates of existing and projected building square footage from the City's General Plan "Realistic Buildout" Scenario in Table LU 4. 1 Current population from California Department of Finance (DOF).

Projection total for buildout from General Plan, Table LU 4. 2 Current values from DOF. Total dw elling units at buildout is from the General Plan, Table LU 4.
4 Base year from US Census OnTheMap Application and excludes local government w orkers. Total at buildout based on increasing total w orkers proportional to increase in projected building square footage from General Plan. Allocation to land uses at buildout based on current proportions.

Occupant Densities
All fees in this report are calculated based on dwelling units or building square feet. Occupant density assumptions ensure a reasonable relationship between the size of a development project, the increase in service population associated with the project, and the amount of the fee.

Occupant densities (residents per dwelling unit or workers per building square foot) are the most appropriate characteristics to use for most impact fees. The fee imposed should be based on the land use type that most closely represents the probable occupant density of the development.

City of Cudahy Development Impact Fee Study
11 The average occupant density factors used in this report are shown in Table 2.2. The residential density factors are based on data for Cudahy from the 2018 U.S. Census’ American Community Survey, the most recent data available.

The nonresidential occupancy factors are based on occupancy factors found in the Employment Density Study Summary Report, prepared for the Southern California Association of Governments by The Natelson Company. Though not specific to Cudahy, the Natelson study covered employment density over a wide array of land use and development types, making it reasonable to apply these factors to other areas. The specific factors used in this report are specific to Los Angeles County.

Table 2.2: Occupant Density
Residential
Single Family 4.40 Residents Per Dwelling Unit
Multifamily 3.90 Residents Per Dwelling Unit
Nonresidential
Commercial 2.00 Employees per 1,000 square feet
Office 2.37 Employees per 1,000 square feet
Industrial 1.12 Employees per 1,000 square feet
Sources: U.S. Census Bureau, 2018 American Community Survey 5-Year Estimates, Tables B25024 and B25033; The Natelson Company, Inc., Employment Density Study Summary Report, prepared for the Southern California Association of Governments, October 31, 2001, Los Angeles County data; Willdan Financial Services.

12 3. Traffic Facilities
This chapter summarizes an analysis of the need for transportation improvements, including intersection improvements, sidewalks, and roadway, to accommodate new development. The chapter documents a reasonable relationship between new development and the impact fee for funding of these facilities.

Trip Demand
The need for transportation facilities is based on the trip demand placed on the system by development. A reasonable measure of demand is the number of PM peak hour vehicle trips, adjusted for the type of trip. Vehicle trip generation rates are a reasonable measure of demand on the City’s system of street improvements across all modes because alternate modes (transit, bicycle, pedestrian) often substitute for vehicle trips.

The two types of trips adjustments made to trip generation rates to calculate trip demand are described below:
▪ Pass-by trips are deducted from the trip generation rate. Pass-by trips are intermediates stops between an origin and a final destination that require no diversion from the route, such as stopping to get gas on the way to work. ▪ The trip generation rate is adjusted by the average length of trips for a specific land use category compared to the average length of all trips on the street system.

These adjustments allow for a holistic quantification of trip demand that takes trip purpose and length into account for fee calculation purposes.

Table 5.1 shows the calculation of trip demand factors by land use category based on the adjustments described above. Data is based on extensive and detailed trip surveys conducted in the San Diego region by the San Diego Association of Governments. It is reasonable to assume that traffic generation patterns are similar between the San Diego region and the Los Angeles region. The surveys provide one of the most comprehensive databases available of trip generation rates, pass-by trips factors, and average trip length for a wide range of land uses. It should be noted that the projections of current and future trip generation in this report are based on data specific to the City of Cudahy.

City of Cudahy Development Impact Fee Study
13 Table 3.1: Trip Rate Adjustment Factors
Primary
Trips1
Diverted
Trips1
Total
Excluding
Pass-by1
Average
Trip
Length2
Adjustment
Factor3ITE Category
PM Peak
Hour
Trips4
Trip
Demand
Factor5
A B C = A + B D E = C x D F G = E x F
Residential
Single Family 86% 11% 97% 1.11 Single Family Housing (210) 1.00 7.9 1.11 Multifamily 86% 11% 97% 1.11 Apartment (220) 7.9 0.74 0.67 Nonresidential - per Employee
Commercial 47% 31% 78% 0.41 Shopping Center (820) 1.89 3.6 0.77 Office 77% 19% 96% 1.22 General Office (710) 0.45 8.8 0.55 Industrial 79% 19% 98% 1.28 General Light Industrial (110) 0.68 9.0 0.87 Nonresidential - per 1,000 Sq. Ft.

Commercial 47% 31% 78% 0.41 Shopping Center (820) 4.21 3.6 1.73 Office 77% 19% 96% 1.22 General Office (710) 1.42 8.8 1.73 Industrial 79% 19% 98% 1.28 General Light Industrial (110) 0.83 9.0 1.06 4 Trips per dw elling unit or per 1,000 building square feet. 5 The trip demand factor is the product of the trip adjustment factor and the trip rate.

Sources: San Diego Association of Governments, Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region, April 2002; Institute of Traffic Engineers, Trip Generation, 10th Edition; Willdan Financial Services. 1 Percent of total trips. Primary trips are trips w ith no midw ay stops, or "links". Diverted trips are linked trips w hose distance adds at least one mile to the primary trip. Pass-by trips are links that do not add more than one mile to the total trip. Based on SANDAG data. 2 In miles. Based on SANDAG data.
3 The trip adjustment factor equals the percent of non-pass-by trips multiplied by the average trip length and divided by the systemw ide average trip length of 6.9 miles.

City of Cudahy Development Impact Fee Study
14 Trip Growth
The planning horizon for this analysis is buildout. Table 3.2 lists the 2020 and buildout land use assumptions used in this study. The trip demand factors calculated in Table 3.1 are multiplied by the existing and future dwelling units and employment to determine the increase in trips caused by new development.

Table 3.2: Citywide Land Use Scenario and Total Trips
Trip 2020
Residential
Demand
Factor
Units /
Employees Trips
Units /
Employees Trips
Units /
Employees Trips
Residential - Dwelling Units
Single Family 1.11 3,460 3,841 863 958 4,323 4,799
Multifamily 0.74 2,320 1,725 579 431 2,899 2,156
Subtotal 5,566 5,780 1,442 1,389 7,222 6,955
Nonesidential - Employees
Commercial 0.77 1,105 856 3,350 2,596 4,455 3,452
Office 0.55 1,318 724 3,996 2,193 5,314 2,917
Industrial 0.87 539 469 1,635 1,423 2,174 1,892
Subtotal 2,049 2,962 8,981 6,212 11,943 8,261
Total 7,615 7,601 15,216

50.0% 50.0% 100%
Sources: Tables 2.1 and 3.1.

Growth 2020 to Buildout Total - Buildout
Planned Facilities
Table 3.3 summarizes the City’s planned transportation projects from its Capital Improvement Program. The table also allocates a share of each project to the impact fee program. The allocation of 50-percent project responsibility is based on new development’s share of total trips at the planning horizon, as shown in Table 3.2. Projects that do not expand capacity are not allocated to the fee program. In total, the City identified $28.3 million of transportation projects, of which $13.7 million has been allocated to new development through this impact fee.

City of Cudahy Development Impact Fee Study
15 Total Project
Cost
Allocation to
New
Development
Cost
Allocated to
New
Development
Wilcox Avenue Complete Streets and
Safe Routes to School (SRTS) Project $ 1,344,000 50% $ 672,000 Cecilia St., Ardine St., Patata St., and
Atlantic Ave., Street Improvement
Project 915,000 0% -
Clara Bridge Improvement Project –
Phase I 363,500 50% 181,750
Salt Lake Avenue Pedestrian Safety
Enhancement Project 396,500 50% 198,250
Cudahy Citywide Complete Streets
Improvement Project (Atlantic Ave
Improvements) 3,237,598 50% 1,618,799
West Santa Ana Branch (Eco-Rapid)
Light Rail project 22,000,000 50% 11,000,000
Total $ 28,256,598 $ 13,670,799
Sources: City of Cudahy Capital Improvement Projects Upcoming Projects for FY 2019/20 to FY 2021/22; City of Cudahy; Willdan Financial Services.

Table 3.3: Transportation Project Costs and Allocation to New Development
Cost Per Trip
Every impact fee consists of a dollar amount, or the cost of projects that can be funded by a fee, divided by a measure of development. In this case, all fees are first calculated as a cost per trip demand unit. Then these amounts are translated into housing unit (cost per dwelling unit) and nonresidential building space (cost per 1,000 building square feet) by multiplying the cost per trip by the trip generation rate for each land use category. These amounts become the fee schedule.

Table 3.5 calculates the cost the cost per trip demand unit by dividing the costs allocated to new development from Table 3.3 by the growth in trip demand from Table 3.2.

Costs Allocated to New Development $ 13,670,799
Growth in Trips 7,601
Cost per Trip $ 1,799
Sources: Tables 3.2 and 3.3.

Table 3.4: Cost per Trip

City of Cudahy Development Impact Fee Study
16 Fee Schedule
Table 3.5 shows the maximum justified traffic facilities fee schedule. The maximum justified fees are based on the cost per trip shown in Table 3.4. The cost per trip is multiplied by the trip demand factors in Table 3.1 to determine a fee per unit of new development. The total fee includes a two-percent (2%) administrative charge to fund costs that include: a standard overhead charge applied to all City programs for legal, accounting, and other departmental and administrative support, and fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.

In Willdan’s experience with impact fee programs, two percent of the base fee adequately covers the cost of fee program administration. The administrative charge should be reviewed and adjusted during comprehensive impact fee updates to ensure that revenue generated from the charge sufficiently covers, but does not exceed, the administrative costs associated with the fee program.

Table 3.5: Traffic Facilities Impact Fee Schedule
A B C = A x B D = C x 0.02 E = C + D E / 1,000
PM Peak Fee
Land Use
Cost Per
Trip
Hour Trip
Rate Base Fee1
Admin
Charge1, 2 Total Fee1
per Sq.

Ft.

Residential - per Dwelling Unit
Single Family $ 1,799 1.11 $ 1,997 $ 40 $ 2,037
Multifamily 1,799 0.74 1,338 27 1,365
Nonresidential - per Building Square Feet
Commercial $ 1,799 1.73 $ 3,112 $ 62 $ 3,174 $ 3.17
Office 1,799 1.73 3,112 62 3,174 3.17
Industrial 1,799 1.06 1,907 38 1,945 1.95
1 Fee per dw elling unit, per 1,000 square feet of nonresidential.

Sources: Tables 3.1 and 3.5; Willdan Financial Services. 2 Administrative charge of 2.0 percent for (1) legal, accounting, and other administrative support and (2) impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.

17 4. Parks and Recreation Facilities
The purpose of the parks and recreation facilities impact fee is to fund the park facilities needed to serve new development. The maximum justified impact fee is presented based on the existing plan standard of and park and recreation facilities per capita.

The following chapter documents the nexus analysis, demonstrating the need for new parks, recreation, and community center facilities demanded by new development.

Service Population
Table 4.1 shows the existing and future projected service population for park facilities from 2020 through the planning horizon of buildout. Population growth is projected using the demographic assumptions in Table 2.1.

Residents
Existing (2020) 24,164
Growth (2020 to Buildout) 6,443
Total (Buildout) 30,607
Source: Table 2.1.

Table 4.1: Park and Recreation
Facilities Service Population
Existing Parkland and Park Facilities Inventory
The City of Cudahy maintains several parks and recreation facilities throughout the city. Table

4.2 summarizes the City’s existing parkland inventory in 2020. All facilities are owned by the City, or the City has a joint use agreement for their use. In total, the inventory includes a total of 16.77 acres of parkland.

Table 4.2: Park Land Inventory
Name
Developed
Acres
Cudahy Park 7.74
Clara Street Park 4.08
Clara Street Park Expansion 0.71
Lugo Park 4.24
River Road Pocket Park 0.25
Total - Parkland 16.77
Source: City of Cudahy.

City of Cudahy Development Impact Fee Study
18 Table 4.3 summarizes the City’s inventory of park buildings and special facilities. The total value of these facilities is divided by the total developed park acres to determine the value of existing park buildings per acre.

Table 4.3: Park Building and Special Use Facilities Inventory Inventory Units Unit Cost
Replacement
Cost
Bedwell Hall Sq. Ft. 7,446 1,978,809 266 $
Clara Street Park 25,448 Sq. Ft. 4,397,347 173
Lugo Park Community Center 15,228 Sq. Ft. 1,542,096 101 48,122 $ 7,918,252
Total Park Acres 16.77
Building and Special Use Facilities Cost per Acre $ 472,074 Sources: City of Cudahy; Table 4.2, Willdan Financial Services.

Parkland and Park Facilities Unit Costs
Table 4.4 displays the unit costs necessary to develop parkland in Cudahy. The buildings and special use facilities cost per acre from Table 4.3 is added to the cost of an acre of standard park improvements to determine the total improvement cost per acre. A value of $2.5 million per acre for land is based on data regarding recent sales of land in the City, as reported by CoStar, and several appraisals that the City recently commissioned. The land value per acre is also consistent with other land value assumptions used in this report. In total, this analysis assumes that it costs $3.8 million to acquire and develop an acre of parkland in Cudahy.

City of Cudahy Development Impact Fee Study
19 Table 4.4: Park Facilities Unit Costs
Cost
Per Acre
Share of
Total Costs
Improvements
Standard Park Improvements1
$ 748,000
Building and Special Use Facilities 472,074
Subtotal $ 1,220,074 33%
Land Acquisition $2,533,000 67%
Total Cost per Acre $ 3,753,074 100%
1 Improvement costs are estimated at $748,000 per acre for site improvements (curbs, gutters, w ater, sew er, and electrical access), plus basic park and school field amenities such as basketball or tennis court, parking, tot lot, irrigation, turf, open green space, pedestrian paths, and picnic tables. Excludes special use facilities such as recreation centers, structures and pools.

Sources: San Diego County Parks and Recreation: Prototypical Park Cost Estimate; Table 4.3, Willdan Financial Services.

Parkland and Park Facility Standards
Park facility standards establish a reasonable relationship between new development and the need for expanded parkland and park facilities. Information regarding the City’s existing inventory of existing parks facilities was obtained from City staff.

The most common measure in calculating new development’s demand for parks is the ratio of park acres per resident. In general, facility standards may be based on the Mitigation Fee Act (using a city’s existing inventory of parkland and park facilities), or an adopted policy standard contained in a master facility plan or general plan. Facility standards may also be based on a land dedication standard established by the Quimby Act.
2 In this case, the City will use the Mitigation
Fee Act to impose park impact fees for development not occurring in subdivisions and will use the Quimby Act for development occurring in subdivisions.

Mitigation Fee Act
The Mitigation Fee Act does not dictate use of a particular type or level of facility standard for public facilities fees. To comply with the findings required under the law, facility standards must not burden new development with any cost associated with facility deficiencies attributable to existing development.3 A simple and clearly defensible approach to calculating a facility standard is to use the City’s existing ratio of park acreage per 1,000 residents. Under this approach, new development is required to fund new parkland and park facilities at the same level as existing residents have provided those same types of facilities to date. 2 California Government Code §66477.
3 See the Benefit and Burden findings in Background Report.

City of Cudahy Development Impact Fee Study
20 Quimby Act
The Quimby Act specifies that the dedication requirement must be a minimum of 3.0 acres and a maximum of 5.0 acres per 1,000 residents. A jurisdiction can require residential developers to dedicate above the three-acre minimum if the jurisdiction’s existing park standard at the time it adopted its Quimby Act ordinance justifies the higher level (up to five acres per 1,000 residents).

The standard used must also conform to the jurisdiction’s adopted general or specific plan standards.

The Quimby Act only applies to land subdivisions. The Quimby Act would not apply to residential development on future approved projects on single parcels, such as apartment complexes and other multifamily development.

The Quimby Act allows payment of a fee in lieu of land dedication. The fee is calculated to fund acquisition of the same amount of land that would have been dedicated.

The Quimby Act allows use of in-lieu fee revenue for any park or recreation facility purpose.

Allowable uses of this revenue include land acquisition, park improvements including recreation facilities, and rehabilitation of existing park and recreation facilities.

City of Cudahy Parkland and Park Facilities Standards
Table 4.5 shows the existing standard for improved park acreage per 1,000 residents based on the type of parkland. In total the City has an existing parkland standard of 0.69 acres per 1,000 residents, which allows the City to charge at 3.0 acres per 1,000 residents under the Quimby Act.

For development not subject to the Quimby Act, the fee analysis in this report will be based on maintaining a 0.69 acre per 1,000 service population standard as new development adds demand for parks in Cudahy.

Table 4.5: Parkland Standards
Developed Park Acreage 16.77
Service Population (2020) 24,164
Existing Standard (Acres per 1,000 Residents) 0.69
Quimby Act Standard (Acres per 1,000 Residents) 3.00
Sources: Tables 4.1 and 4.2.

Facilities Needed to Accommodate New Development
Table 4.6 shows the park facilities needed to accommodate new development at the existing standard and the Quimby standard, respectively. To achieve the standard by the planning horizon, depending on the amount of development subject to the Quimby Act, new development must fund the purchase and improvement of between 4.45 and 19.33 parkland acres, at a total cost ranging between $14.6 million and $52.3 million.

The facility standards and resulting fees under the Quimby Act are higher, because development will be charged to provide 3.0 acres of parkland per 1,000 residents, and 0.69 acres of improvements, whereas development not subject to the Quimby Act will be charged to provide only 0.69 acres of parkland per 1,000 service population, and 0.69 acres of improvements.

City of Cudahy Development Impact Fee Study
21 Calculation Parkland Improvements Total Range1
Parkland (Quimby Act), Improvements (Mitigation Fee Act) 2 Facility Standard (acres/1,000 capita) A 3.00 0.69
Service Population Growth (2020 to Buildout) B 6,443 6,443 Facility Needs (acres) C = A x B/1000 19.33 4.45
Average Unit Cost (per acre) D $ 2,533,000 $ 748,000
Total Cost of Facilities E = C x D $ 48,963,000 $ 3,329,000 $ 52,292,000 Parkland and Improvements - Mitigation Fee Act 3
Facility Standard (acres/1,000 capita) A 0.69 0.69
Service Population Growth (2020 to Buildout) B 6,443 6,443 Facility Needs (acres) C = A x B/1000 4.45 4.45
Average Unit Cost (per acre) D $ 2,533,000 $ 748,000
Total Cost of Facilities E = C x D $ 11,272,000 $ 3,329,000 $ 14,601,000 Note: Totals have been rounded to the thousands.

Table 4.6: Park Facilities to Accommodate New Development Sources: Tables 4.1, 4.3, and 4.5.
1 Values in this column show the range of the cost of parkland acquisition and development should all development be either subject to the Quimby Act, or to the Mitigation Fee Act, respectively. 2 Cost of parkland to serve new development show n if all development is subject to the Quimby Act (Subdivisions of 50 units or more).

Parkland charged at 3.0 acres per 1,000 residents; improvements charged at the existing standard. 3 Cost of parkland to serve new development show n if all development is subject to the Mitigation Fee Act. Parkland and improvements are charged at the existing standard.

Parks Cost per Capita
Table 4.7 shows the cost per capita of providing new parkland and park facilities at the existing facility standard, and at the Quimby standard. The cost per capita is shown separately for land and improvements. The cost per capita is shown separately for land and improvements. The costs per capita in this table will serve as the basis of three fees:
• A Quimby Act Fee in-lieu of land dedication. This fee is payable by residential development occurring in subdivisions. A Mitigation Fee Act Fee for land acquisition. This fee is payable by residential development not occurring in subdivisions. • A Mitigation Fee Act Fee for parkland improvements. This fee is payable by all residential development.

A development project pays either the Quimby Act Fee in-lieu of land dedication, or the Mitigation Fee Act Fee for land acquisition, not both. All development projects pay the Mitigation Fee Act Fee for park improvements.

City of Cudahy Development Impact Fee Study
22 Table 4.7: Park Facilities Investment Per Capita
Improvements
Calculation Quimby Fee OR Impact Fee AND Impact Fee
Parkland Investment (per acre) A $ 2,533,000 $2,533,000 $ 1,220,074 Existing Standard (acres per 1,000 capita) B 3.00 0.69 0.69 Total Cost Per 1,000 capita C = A x B $ 7,599,000 $ 1,747,800 $ 841,900 Cost Per Resident D = C / 1,000 $ 7,599 $ 1,748 $ 842
Sources: Tables 4.4 and 4.5.

Land
Use of Fee Revenue
The City plans to use parkland and park facilities fee revenue to purchase parkland or construct improvements to add to the system of park facilities that serves new development. The City may only use impact fee revenue to provide facilities and intensify usage of existing facilities needed to serve new development.

Fee Schedule
In order to calculate fees by land use type, the investment in park facilities is determined on a per resident basis for both land acquisition and improvement. These investment factors (shown in Table 4.7) are investment per capita based on the unit cost estimates and facility standards.

Tables 4.8 and 4.9 show the park facilities fee based on the minimum Quimby standard and the existing standard, respectively. The City would collect the fee based on only one of the two approaches as appropriate. Each fee includes a component for park improvements based on the City’s existing standard. The investment per capita is converted to a fee per dwelling unit.

The total fee includes an administrative charge to fund costs that include: (1) legal, accounting, and other administrative support and (2) impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.

City of Cudahy Development Impact Fee Study
23 Table 4.8: Park Facilities Impact Fee Schedule - Quimby A B C = A x B D = C x 0.02 E = C + D
Cost Per Base Admin
Land Use Capita Density Fee Charge1Total Fee
Single Family
Parkland 7,599$ 4.40 $ 33,436 $ 34,105$ 669
Improvements 4.40 842 3,705 3,779 74
Total 8,441$ $ 37,141 $ 37,884$ 743
Multifamily
Parkland 7,599$ 3.90 $ 29,636 $ 30,229$ 593
Improvements 3.90 842 3,284 3,350 66
Total 8,441$ $ 32,920 $ 33,579$ 659
1 Administrative charge of 2.0 percent for (1) legal, accounting, and other administrative support and (2) impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.

Sources: Tables 2.2 and 4.7; Willdan Financial Services.

Table 4.9: Park Facilities Impact Fee Schedule - Mitigation Fee Act A B C = A x B D = C x 0.02 E = C + D
Cost Per Base Admin
Land Use Capita Density Fee Charge1Total Fee
Single Family
Parkland 1,748$ 4.40 $ 7,691 $ 7,845$ 154
Improvements 4.40 842 3,705 3,779 74
Total 2,590$ $ 11,396 $ 11,624$ 228
Multifamily
Parkland 1,748$ 3.90 $ 6,817 $ 6,953$ 136
Improvements 3.90 842 3,284 3,350 66
Total 2,590$ $ 10,101 $ 10,303$ 202
1 Administrative charge of 2.0 percent for (1) legal, accounting, and other administrative support and (2) impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.

Sources: Tables 2.2 and 4.7; Willdan Financial Services.

24 5. General Government Facilities
The purpose of this fee is to ensure that new development funds its fair share of general government facilities. A fee schedule is presented based on the existing facilities standard of general government facilities in the City of Cudahy to ensure that new development provides adequate funding to meet its needs.

Service Population
General government facilities serve both residents and businesses. Therefore, demand for services and associated facilities are based on the City’s service population including residents and workers.

Table 5.1 shows the existing and future projected service population for general government facilities. While specific data is not available to estimate the actual ratio of demand per resident to demand by businesses (per worker) for this service, it is reasonable to assume that demand for these services is less for one employee compared to one resident, because nonresidential buildings are typically occupied less intensively than dwelling units. The 0.31-weighting factor for workers is based on a 40-hour workweek divided by the total number of non-work hours in a week (128) and reflects the degree to which nonresidential development yields a lesser demand for general government facilities.

A B A x B = C
Persons
Weighting
Factor
Service
Population
Residents
Existing (2020) 24,164 24,164 1.00
New Development 6,443 1.00 6,443
Total (Buildout) 30,607 30,607
Workers
Existing (2020) 2,962 0.31 918
New Development 8,981 0.31 2,784
Total (Buildout) 11,943 3,702
Combined Residents and Weighted Workers
Existing (2020) 25,082
New Development 9,227
Total (Buildout) 34,309
Sources: Table 2.1; Willdan Financial Services.

Table 5.1: General Government Facilities
Service Population
1 Workers are w eighted at 0.31 of residents based on a 40 hour w ork w eek out of a possible 128 non-w ork hours in a w eek (40/128 = 0.31)

City of Cudahy Development Impact Fee Study
25 Existing Facility Inventory
This study uses the existing standard methodology to calculate fees for general government facilities. The general government inventory is comprised of City Hall, the City’s Maintenance Yard and the Emergency Operations Center. The land acquisition cost estimate is based on an analysis of sales of land within Cudahy since May 2018, as reported by CoStar and several appraisals that the City recently commissioned. The assumed value of each building is based on information from the City’s insurance documents.

Inventory Units Unit Cost
Replacement
Cost
City Hall
Land 0.60 acres $2,533,000 $ 1,529,000
Building 10,600 sq. ft. 442 4,682,072
Subtotal $ 6,211,072
Maintenance Yard 5,150 sq. ft. $ 101 $ 521,526
EOC 974 sq. ft. 101 98,634
$ 620,160
Vehicles and Equipment
Computer Network System $ 112,700
Vehicles 854,500
Subtotal $ 967,200
Total Value - Existing Facilities $ 7,798,432
Sources: City of Cudahy; Willdan Financial Services.

Table 5.2: Existing General Government Facilities
Facility Standard
Table 5.3 shows the existing per capita investment in general government facilities. This value is calculated by dividing cost of existing facilities by the existing service population. The value per capita is multiplied by the worker weighting factor of 0.31 to determine the value per worker.

City of Cudahy Development Impact Fee Study
26 Value of Existing Facilities $ 7,798,432
Existing Service Population 25,082
Cost per Capita $ 311
Facility Standard per Resident $ 311
Facility Standard per Worker1
96 1
Based on a w eighing factor of 0.31.

Table 5.3: General Government Facilities
Existing Standard
Sources: Tables 5.1 and 5.2.

Fee Revenue Projection
The City plans to use general government facilities fee revenue to construct improvements to add to the system of general government facilities to serve new development. Table 5.4 details a projection of fee revenue, based on the service population growth increment identified in Table

5.1. Table 5.4: Revenue Projection - Existing Standard
Cost per Capita $ 311
Growth in Service Population (2020 to Buildout) 9,227
Projected Fee Revenue $ 2,869,597
Sources: Tables 5.1 and 5.3.

Fee Schedule
Table 5.5 shows the maximum justified general government fee schedule. The City can adopt any fee up to this amount. The cost per capita is converted to a fee per unit of new development based on dwelling unit and employment densities (persons per dwelling unit or employees per 1,000 square feet of nonresidential building space). The total fee includes a two-percent (2.0%) administrative charge to fund costs that include: a standard overhead charge applied to City programs for legal, accounting, and other departmental and administrative support, and fee program administrative costs including revenue collection, revenue and cost accounting and mandated public reporting.

In Willdan’s experience with impact fee programs, two percent of the base fee adequately covers the cost of fee program administration. The administrative charge should be reviewed and adjusted during comprehensive impact fee updates to ensure that revenue generated from the charge sufficiently covers, but does not exceed, the administrative costs associated with the fee program.

City of Cudahy Development Impact Fee Study
27 Table 5.5: General Government Facilities Fee - Existing Standard A B C = A x B D = C x 0.02 E = C + D F = E / 1,000
Cost Per Admin Fee per
Land Use Capita Density Base Fee1 Charge1, 2 Total Fee1 Sq. Ft.

Residential - per Dwelling Unit
Single Family $ 311 4.40 $ 1,368 $ 27 $ 1,395
Multifamily 311 3.90 1,213 24 1,237
Nonresidential - per 1,000 Sq. Ft.

Commercial $ 96 2.00 $ 192 $ 4 $ 196 $ 0.20
Office 96 2.37 228 5 233 0.23
Industrial 96 1.12 108 2 110 0.11
1 Fee per dw elling unit or per 1,000 square feet of nonresidential.

Sources: Tables 2.2 and 5.3.
2 Administrative charge of 2.0 percent for (1) legal, accounting, and other administrative support and (2) impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.

28 6. Parking Facilities In-Lieu Fee
The purpose of the parking in-lieu fee is to provide developers with an option to pay an established fee rather than provide the parking spaces onsite required by the Cudahy Municipal Code zoning requirements. The cost of planned facilities to accommodate the parking spaces otherwise required on site as part of projects determines the maximum justified Parking In-Lieu Fee. This chapter presents the nexus analysis, showing the need and projected cost of parking facilities to maintain the overall parking availability in Cudahy in accordance with the zoning requirements.

Parking Requirements
Table 6.1 shows the City of Cudahy parking requirements for residential and nonresidential development. Refer to the City’s Municipal Code, section 20.80.110 for the full requirements as specific by the municipal code.

Required Parking
Spaces per Unit1
Dwelling Units
Single Family 2.0
Multifamily 2.5
Total
Building Square Feet (000s)
Commercial 5.0
Office 4.0
Industrial 2.5
Total
Table 6.1: Parking Requirements
1Cudahy Municipal Code requires one space per 200 square feet of Commercial ("Business, General"), per 250 square feet of office, or per 400 square feet of industrial. Refer to Municipal Code section 20.80.110 for full list of requirements.

Source: City of Cudahy Municipal Code Section 20.80.110.

City of Cudahy Development Impact Fee Study
29 Parking Facilities Unit Costs
Table 6.2 details the unit cost per parking space to develop multistory above ground parking structures in Cudahy. The municipal code mandated parking space of nine by twenty feet (9’ x 19’) requires one hundred and seventy one square feet (171 square feet) of floor space and additional ninety square feet (90 square feet) of space for entries, exits, ramps and circulation. A prototypical four-story parking garage requires sixty-five square feet (65 square feet) of land per parking space. Table 6.2 calculates typical construction cost in Los Angeles County for a multistory parking garage and land acquisition cost in the City of Cudahy to determine a facility unit cost per city parking space of $28,598.

Table 6.2: Parking Facility Unit Costs
Parking
Space1
Unit Cost
per Sq. Ft.2
Total Cost
Per Space
Aboveground Parking Facility 3
Construction 261 Sq. ft. $ 95 $ 24,804
Land 65 Sq. ft. 58 3,794
Total $ 28,598
2 Comparable facility cost 2014, building construction inflation adjusted to 2019. 1 Cudahy Municipal Code requires 171 sqft (9' x 19') for standard parking spaces. Circulation and entry/exit assumes 90 square feet per space, total 261 square feet. 3 Prototypical 4 story parking structure, larger or smaller structure w ould change ratio of parking spaces to land use.

Sources: City of Cudahy Municipal Code Section 20.80.030; UCLA: Parking: Issues and Policies Transport and Sustainability, Volume 5, 2014; Willdan Financial Services.

Use of Fee Revenue
The City plans to use parking in lieu fee revenue to purchase land and construct improvements to add to parking space inventory. The City may only use parking in lieu fee revenue to provide facilities and intensify usage of existing facilities needed to serve new development.

Fee Schedule
Table 6.3 shows the maximum justified parking in-lieu fee schedule per required parking space.

The maximum justified fees are based on the cost per parking space shown in Table 6.2. The cost per space can be used to determine the fee for projects that meet a fraction of the on-site parking space requirement. The total fee includes a two percent (2%) administrative charge to fund costs that include: a standard overhead charge applied to all City programs for legal, accounting, and other departmental and administrative support, and fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.

In Willdan’s experience with impact fee programs, two percent of the base fee adequately covers the cost of fee program administration. The administrative charge should be reviewed and adjusted during comprehensive impact fee updates to ensure that revenue generated from the charge sufficiently covers, but does not exceed, the administrative costs associated with the fee program.