A. Sexually Oriented Business Operator Permit.

B. Approval or Denial of Permit. The director of community development shall, within 20 city business days of the filing of a complete application, approve and issue the sexually oriented business operator permit if the requirements of this section have been met; otherwise the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service within three city business days of the date of such decision. If the application is denied, the director shall attach to the notice a statement of the reasons for the denial. The times set forth in this section shall not be extended except upon the written consent of the applicant. Any interested person may appeal the decision of the director to the hearing officer in accordance with CMC 20.84.160.

C. Nontransferable.

D. Gross Receipts Records. The owner of a sexually oriented business shall maintain complete records that can be segregated with regard to all transactions involving products, merchandise, services, or entertainment that are characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas. Such records shall be sufficient to establish the percentage of gross receipts of the business that is derived from such transactions. Such records shall be maintained for at least three years after the end of the calendar year for which the records were created.

E. Register and Permit Number of Entertainers.

F. Employment of Persons without Permits. No permittee, owner, operator, or other person in charge of a sexually oriented business shall allow any person to perform at the business unless such person is in possession of a valid sexually oriented business entertainer permit.

G. Display of Permit. Every sexually oriented business shall display at all times during business hours the permit issued pursuant to the provisions of this section for such business. The permit shall be displayed in a conspicuous place so that it may be readily seen by all persons entering the sexually oriented business.

H. Inspections. The owner, operator, or other person in charge of a sexually oriented business shall allow city officers and their authorized representatives to conduct unscheduled inspections of the premises of the sexually oriented business for the purpose of ensuring compliance with the law at any time the sexually oriented business is open for business or is occupied.

I. Conditions. The requirements of this section shall be deemed conditions of sexually oriented business operator permit approvals. Failure to comply with every such requirement shall be grounds for suspension or revocation of a sexually oriented business operator permit.

J. Sexually Oriented Business Entertainer Permit.

K. Grounds for Denial.

L. Approval or Denial of Permit. The director of community development shall, within four city business days of the filing of a complete application, approve and issue the sexually oriented business entertainer permit if there are no grounds for denial; otherwise, the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service within three city business days of the date of such decision. If the application is denied, the director shall attach to the notice a statement of the reasons for the denial. The times set forth in this section shall not be extended except upon the written consent of the applicant. Any interested person may appeal the decision of the director to the hearing officer in accordance with CMC 20.84.160.

M. Nontransferable.

N. Display of Permit. Every entertainer shall have his or her sexually oriented business entertainer permit available for inspection at all times during which such entertainer is on the premises of the sexually oriented business at which the entertainer performs.

O. Grounds for Suspension or Revocation.

P. Procedure for Suspension or Revocation.

Q. Appeals.

A. Location. A sexually oriented business may be located in the Light Industrial Zone and Entertainment Zone, provided such business complies with all of the following requirements:

B. Distances. The distances set forth above shall be measured as a straight line, without regard to intervening structures, from the primary entrance of the sexually oriented business to the property line of the property so used at the time of submission of the permit application.

C. Prohibition. No sexually oriented business may be located within the city except as provided in this section. (Ord. 690 § 4 (Exh. A), 2018).

A. Temporary Structures. No sexually oriented business shall be located in any temporary or portable structure.

B. Trash Dumpsters. Trash dumpsters shall be enclosed by a screening enclosure so as not to be accessible to the public.

C. Landscaping. No landscaping shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground.

D. Parking. All off-street parking areas and premises entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system that provides an average maintained horizontal illumination of one foot-candle of light on parking surfaces and walkways. The lighting shall be shown on the site plan required by CMC 20.52.020(A)(3).

E. Sound Attenuation. The premises within which the sexually oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property, public rights-of-way or within any separate unit within the same building.

F. Indoor Areas. All indoor areas of the sexually oriented business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

G. Lighting. All interior areas of the sexually oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:

H. Restroom Facilities. The sexually oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from sexually oriented material and sexually oriented merchandise. Restrooms shall not contain television monitors or other motion picture or video projection, recording, or reproduction equipment. The foregoing provisions of this section shall not apply to a sexually oriented business that: (1) is not required to and does not provide restroom facilities to patrons or the general public; and (2) deals exclusively with sale or rental of sexually oriented material or sexually oriented merchandise that is not used or consumed on the premises.

I. Arcades. Sexually oriented arcades shall comply with the following additional requirements:

J. Cabarets and Theaters. Sexually oriented cabarets and sexually oriented theaters, except for businesses regulated by the Alcoholic Beverage Control Commission, shall comply with the following additional requirements:

A. Observation from Public Rights-of-Way. No sexually oriented business shall be operated in a manner that permits the observation, from public rights-of-way or locations outside the establishment, of either: (1) sexually oriented material; (2) sexually oriented merchandise; (3) specified sexual activities; (4) specified anatomical areas; or (5) any semi-nude person. This provision shall apply to any display, decoration, sign, show window, or other opening.

B. Exterior Doors and Windows. Exterior doors and windows of the sexually oriented business shall not be propped or kept open at any time while the business is open.

C. Access. Patrons shall not be permitted access to any area of the sexually oriented business that has been designated as an area in which patrons will not be permitted.

D. Age Prohibition. No person under the age of 18 years shall be permitted within the sexually oriented business at any time.

E. Security. The sexually oriented business shall maintain a security system that visually monitors and records all parking surfaces serving the business.

F. Security Guards. Security guards shall be employed in order to maintain the public peace and safety, based upon the following standards:

G. Hours of Operation. No sexually oriented business shall operate between the hours of 12:00 midnight and 8:00 a.m. on any day, except that this provision does not apply to businesses also regulated by the California Department of Alcoholic Beverage Control.

H. Live Showing. No owner or other person with managerial control over a sexually oriented business shall permit any person on the premises of the sexually oriented business to engage in a live showing of specified anatomical areas.

I. Arcades. Sexually oriented arcades shall comply with the following additional requirements:

J. Cabarets and Theaters. Sexually oriented cabarets and sexually oriented theaters, except for businesses regulated by the Department of Alcoholic Beverage Control, shall comply with the following additional requirements:

K. Number of Businesses. No building, structure, or other facility shall contain more than one type of sexually oriented business as such types of sexually oriented businesses are defined in this section.

L. Regulations Nonexclusive. The provisions of this section regulating sexually oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other applicable provisions of the Cudahy Municipal Code or other law.

M. Conflicts. If the provisions of this section conflict with or contravene any other provisions of the Cudahy Municipal Code, the provisions of this section shall prevail as to all matters and questions arising out of the subject matter of this section. (Ord. 690 § 4 (Exh. A), 2018).

“Alcoholic Beverage Control (ABC)” means the California State Department of Alcoholic Beverage Control.

“Alcoholic beverage sales” means 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.

“Alcoholic beverages” means 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.

“Amusement arcade” means 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.

“Bars and cocktail lounges” means 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.

“Beer and wine convenience store” means 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 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 25 percent of the establishment’s total yearly gross sales.

“Brewery/winery/distillery” means 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, Firearms and Explosives (ATF).

“Casino” means a business or enterprise licensed pursuant to the provisions of Chapter 5.08 CMC, Article XVIII, for the playing of any gambling game.

“Gambling game” means any game conducted, dealt or carried on with cards, dice, dominoes or devices, for money, checks, chips, credit or any representative of value if chance is any determining factor in the result of the game.

“Grocery stores selling alcohol” means 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 25 percent of the establishment’s total yearly gross sales.

“Indoor commercial entertainment” means 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.

“Indoor commercial recreation” means 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.

“Letter of public convenience or necessity” means a letter written, pursuant to California 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.

“Liquor store” 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 is not limited to beer and wine.

“Off-site accessory alcohol sale and consumption” means 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 25 percent of the total service area of the establishment. This classification excludes uses otherwise defined in this section.

“Off-site alcohol sales and consumption” means 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.

“On-site accessory alcohol sale and consumption” means 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 25 percent of the total service area of the establishment. This classification excludes uses otherwise defined in this section.

“On-site alcohol sale and consumption” means 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.

“Outdoor commercial recreation” means 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.

“Primary entrance” means the principal entrance through which most members of the public enter a building during operating hours, as defined by the 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.

“Public playground” means 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.

“Religious institution” means 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.

“Restaurant” means 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 25 percent of the total service area of the establishment, shall not be deemed a “restaurant.”

“School” means 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 part-time instruction at places of religious assembly.

“Specialty store” means a business establishment 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 25 percent of the establishment’s total yearly gross sales.

“Vehicle service station” means a business establishment primarily engaged in the retail sale of vehicle fuel and lubricants. (Ord. 760 § 6 (Exh. A), 2025).

A. Expansion. Any expansion of the use; a change in Department of Alcoholic Beverage Control 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 Department of Alcoholic Beverage Control 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. (Ord. 760 § 6 (Exh. A), 2025).

A. Measurement of Distance Requirements. For the purpose of Chapter 20.52 CMC (Standards for Specific Land Uses and Activities), Part 2, 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.

B. 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.

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.

D. Distance Requirements for Beer and Wine Convenience Stores. All beer and wine convenience stores must meet the following additional distance requirements:

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 Alcoholic 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 25 percent 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.

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. (Ord. 760 § 6 (Exh. A), 2025).

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.

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. (Ord. 760 § 6 (Exh. A), 2025).

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 contain all conditions required under CMC 20.52.090 and 20.52.100 and the following additional conditions:

B. Special Requirements. Approval of a conditional use permit application 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. (Ord. 760 § 6 (Exh. A), 2025; Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018. Formerly 20.52.090).

A. Applicability. Pursuant to California Business and Professions Code Section 23958.4(b)(2), whenever an applicant for 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. 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 CMC, 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 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 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:

A. Rights of Appeal and Review. Any interested party may appeal decisions of the director of community development to the planning commission. Any interested party to the city council may appeal decisions of the planning commission.

B. Procedures. Procedures for appeals and calls for review shall be as prescribed by Chapter 20.84 CMC (Permit Procedures). (Ord. 690 § 4 (Exh. A), 2018).

A. Expiration. Any use permit for alcohol sale or service granted in accordance with the terms of Chapter 20.84 CMC, Part 5 shall expire within 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. An application for a time extension shall be made in writing to the community development department no less than 30 days or more than 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 upon making one or more of the following findings:

D. Discontinuance. A use permit for alcohol sale or service shall lapse if the use is discontinued for 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. (Ord. 760 § 6 (Exh. A), 2025; Ord. 690 § 4 (Exh. A), 2018).

A. Hours of Operation. No person shall operate an amusement arcade or cyber cafe/computer lab except during the hours of 9:00 a.m. to 10:00 p.m., Sunday through Thursday, and 9:00 a.m. to midnight, Friday through Saturday.

B. Persons under 18 Years of Age. No owner or operator of an amusement arcade or cyber cafe/computer lab shall permit persons under 18 years of age to use or operate any amusement game in an amusement arcade between the hours of 9:00 a.m. and 3:00 p.m., Monday through Friday, when the public schools serving the city are in session.

C. Distance between Games. All amusement games or computers in an amusement arcade or cyber cafe/computer lab shall be at least three feet apart.

D. Enclosed. All amusement arcades or cyber cafes/computer labs shall be enclosed within a building.

E. Supervision. No owner or operator of an amusement arcade or cyber cafe/computer lab shall permit said arcade to be open to the public unless there are at least two adults (over 18 years of age) supervising the operation of the amusement arcade.

F. Parking. See Table 20.64-1.

G. Minimum Square Footage. No amusement arcade or cyber cafe/computer lab shall be located in a building that has less than 1,000 square feet of floor area.

H. Location. No amusement arcade or cyber cafe/computer lab shall be located within 1,000 feet of any place of religious assembly, school, park, playground, bar, cocktail lounge, residential zone or use, mixed-use with residential component, or any other amusement arcade.

I. Soundproofing. Each amusement arcade or cyber cafe/computer lab shall be provided with adequate soundproofing to comply with CMC 9.04.020 (noise regulations).

J. Restrooms. Each amusement arcade or cyber cafe/computer lab shall have restrooms provided on the premises.

K. Prohibition on Alcoholic Beverages. No minors are permitted if alcoholic beverages are sold, served, or consumed on the premises. (Ord. 690 § 4 (Exh. A), 2018).

A. California Use Restrictions. All child day care facilities shall comply with all applicable state of California use restrictions at all times.

B. Hours of Operation. The hours of operation for any child day care facility shall be based upon the uses and characteristics of the area in which the facility is located and shall be set forth in any required conditional use permit. (Ord. 690 § 4 (Exh. A), 2018).

A. Child Day Care Development Standards. The following development standards shall apply to all child day care facilities:

B. Large Family Day Care Homes Development Standards. Notwithstanding the requirements contained in Chapter 20.84 CMC, Part 5, the director of community development shall approve an application for a large family day care home if the proposed large family day care home complies with the following requirements:

A. Development Standards. The regulations set forth in Chapter 20.16 CMC (High Density Residential) and Chapter 20.28 CMC (Mixed-Use Zones) shall apply to the construction of a multifamily dwelling project intended for condominium ownership, to include open space, setbacks, parking, height, density, and lot coverage requirements.

B. CC&Rs. Every condominium project shall provide conditions, covenants, and restrictions (CC&Rs) to assure the proper appearance and maintenance of the condominium. Such CC&Rs shall be submitted for review and approval by the city attorney. A fee must be paid for city attorney review as established by the city council.

C. Public Report. A copy of the State Real Estate Commissioner’s public report shall be furnished to all potential purchasers of condominium dwelling units. A copy of the receipt for such report, signed by the purchaser, shall be submitted, along with a copy of the public report, to the director of community development.

D. Homeowners’ Association. The developer or builder must be responsible for establishing a homeowners’ association and must pay for a condominium association management consultant to meet with the association a minimum of one meeting every three months for one year, to explain the purpose and responsibility of the homeowners’ association. A representative of the city must be present during the first three meetings.

E. Startup Fund. Developers must have a startup fund for the association, which shall be $200.00 per condominium unit or not less than $2,000, whichever is greater. The startup fund cannot be used for complying with subsection (D) of this section.

F. Utility Equipment. Utility equipment must be placed underground, to include and not be limited to electricity, cable, and telephone equipment.

G. Separate Sewer and Water. Each condominium dwelling unit shall have its own separate sewer and water lines and connections.

H. Fire Lane. When three or more units are constructed on a lot having a length of 150 feet or more, a fire lane, 26 feet wide, and a fire truck turnaround lane must be provided to ensure fire safety. (Ord. 690 § 4 (Exh. A), 2018).

A. Conversion Standards. The provisions of this section shall be applicable only where existing residential structures are converted to condominium ownership, as said term is defined by applicable state law.

B. CC&Rs. Every condominium project shall provide conditions, covenants, and restrictions (CC&Rs) to assure the proper appearance and maintenance of the condominium. Such CC&Rs shall be submitted for review and approval by the city attorney. A fee must be paid for city attorney review as established by the city council.

C. Public Report. A copy of the State Real Estate Commissioner’s public report shall be furnished to all potential purchasers of condominium dwelling units. A copy of the receipt for such report, signed by the purchaser, shall be submitted, along with a copy of the public report, to the director of community development.

D. Homeowners’ Association. The project applicant must be responsible for establishing a homeowners’ association committee and must hire a condominium property management consultant to meet with the committee a minimum of one meeting every three months within a year to explain the purpose and responsibility of the homeowners’ association. A representative of the city must be present during the first three meetings.

E. Startup Fund. The applicant must establish a startup fund for the association, which shall be $200.00 per condominium unit or not less than $2,000, whichever is greater. The startup fund cannot be used for complying with subsection (D) of this section.

F. Utilities. Utility equipment to include and not be limited to electricity, cable, and telephone equipment must be placed underground.

G. Sewer and Water. Each condominium dwelling unit shall have its separate sewer and water lines.

H. Building Code and Fire Code Compliance. Each condominium dwelling unit shall be upgraded to resolve any building code and fire code deficiencies as determined by the building official and/or fire department. (Ord. 690 § 4 (Exh. A), 2018).

A. At least 60 days before submittal of the tentative map application to the city for processing, the owner or subdivider shall send a notice to each and every tenant in the structure(s) to be converted. The notice shall comply with Government Code Section 66452.18 and contain the following information:

B. A least 60 days before submittal of the tentative map application, the owner or subdivider shall give written notice, in compliance with Government Code Section 66452.17, of the intent to convert to each person applying for rental of a unit in the subject property immediately before acceptance of any rent or deposit from the prospective tenant.

C. The city shall provide each tenant with written notification of planned public hearings for the application for conversion pursuant to Chapter 20.84 CMC.

D. Within 10 days of submittal of an application for a subdivision public report to the State Department of Real Estate, the owner or subdivider shall give written notice of application for the public report to each tenant, and each tenant shall be advised that upon issuance of the public report, it will be made available to any tenant upon request, free of charge.

E. At least 180 days before termination of tenancy due to the conversion or proposed conversion, the owner or subdivider shall provide each tenant with 180 days’ written notice of the intention to convert, in compliance with Government Code Section 66452.19.

F. Each tenant shall be given an exclusive right to contract for the purchase of their respective unit upon the same terms and conditions that the unit will be initially offered to the general public or on terms more favorable to the tenant, and the exclusive right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report by the State Department of Real Estate. The owner or subdivider shall provide written notice of the exclusive right to contract within five days after receipt of the subdivision public report in compliance with Government Code Section 66452.20.

G. No units may be sold in the structure proposed for conversion unless the conversion is approved by the city and until after the final map is recorded and a subdivision public report has been issued by the State Department of Real Estate.

H. Unless tenants of the structure proposed to be converted were given written notice of the intention to convert by the owner or subdivider, or by their respective agent(s), at the time the tenants signed rental or lease agreements, the owner or subdivider shall compensate the tenants for their reasonable relocation expenses.

I. The owner or subdivider shall provide the department of community development with sufficient evidence, satisfactory to the director, that all tenant noticing requirements specified in this section have been properly accomplished. (Ord. 690 § 4 (Exh. A), 2018).

A. All provisions of this part and all applicable provisions of this zoning code are met and all other applicable laws, rules, and regulations.

B. The proposed conversion is consistent with the general plan.

C. The proposed conversion will conform to all municipal code provisions in effect at the time of tentative map approval, except as otherwise provided in this part.

D. The overall design and physical condition of the condominium conversion will achieve a high degree of appearance, quality, and safety and is appropriately conditioned to ensure this achievement.

E. The amount and impact of displacement of tenants is not detrimental to the health, safety, or general welfare of the community. (Ord. 690 § 4 (Exh. A), 2018).

A. Hours of Operation. When located on a site adjacent to or separated by an alley from any residentially zoned property, a drive-through establishment shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

B. Litter. Employees shall collect on-site and off-site litter generated by customers at least once per business day. (Ord. 690 § 4 (Exh. A), 2018).

A. Minimum Lot Size. A minimum lot size of 20,000 square feet shall be required for the establishment of any drive-through facility.

B. Two-Way Driveways. Drive-through establishments shall have two-way driveways for ingress and egress to the public street.

C. Minimum Queuing Distances. Minimum queuing distances shall be provided as illustrated in Figure 20.52-1. Queuing aisles shall not be placed on any more than two sides of a building.

D. Circulation Plan. A parking and vehicular circulation plan encompassing adjoining streets and alleys shall be submitted for review and approval prior to the approval of a conditional use permit. Such plan shall provide for safe pedestrian access from parking lots to the main door and shall comply with applicable requirements for access by disabled persons.

E. Trash Receptacle Provision. A minimum of one outdoor trash receptacle shall be provided on-site. At least one additional on-site outdoor trash receptacle shall be provided for every 10 required parking spaces.

F. Noise Generating Equipment. No noise-generating compressors or other such equipment shall be placed on or within 10 feet from any property line adjoining any residential zoned property.

G. Speaker System Noise. Drive-through speaker systems shall emit no more than 50 decibels four feet from the vehicle and the speaker, and shall not be audible above the daytime ambient noise levels beyond the property boundaries. The system shall be designed to compensate for ambient noise levels in the immediate area and shall not be located within 30 feet of any residentially zoned property.

H. Screen Wall. On any lot where a drive aisle or driveway is located such that vehicle headlights will shine onto an adjacent residentially zoned property, a screen wall shall be provided. (Ord. 690 § 4 (Exh. A), 2018).

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

B. Hours of Operation. Emergency shelters and low-barrier navigation centers for homeless persons providing fewer than 15 beds are not required to be open 24 hours a day, but may be open 24 hours. Clients of emergency shelters or low-barrier navigation centers shall be given a specified check-out time as detailed in the management and operation plan, but may remain on the premises to utilize on-site services offered.

C. Length of Stay. The length of stay of an individual client shall not exceed six months within a 12-month period; days of stay need not be consecutive.

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

E. Applicable Laws. The facility shall comply with all other laws, rules, and regulations that apply, including building and fire codes, and shall be subject to city inspections prior to operational plan approval. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018).

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

B. Waiting and Intake Area. A client waiting and intake area shall be provided and contain a minimum of 10 square feet per bed provided at the facility. The client waiting and intake area shall be screened from the public right-of-way by a solid wall of at least six feet in height, and shall be sufficient in size to accommodate all persons waiting to enter the facility.

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

D. Restrooms. The number of toilets and showers shall comply with applicable building codes and plumbing codes.

E. Trash Enclosure and Loading Zone. Each facility shall have a trash enclosure and loading zone as provided in Chapters 20.20 and 20.28 CMC. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018).

A. Minimum Area. The minimum area requirement for hotel and motel uses shall be 40,000 square feet.

B. Occupancy. The owner and/or proprietor of such a hotel or motel shall not permit any person to occupy a room in such a hotel or motel for a period in excess of 30 consecutive calendar days, except for one permitted manager’s unit.

C. Meters. The owner and/or operator of any such hotel or motel shall have and maintain only one meter for each utility service to the entire use.

D. Laundry and Kitchen Facilities. Laundry and kitchenette facilities shall be minor and incidental to the primary use as a hotel or motel so as not to render the rooms as a dwelling unit.

E. Room Cleaning. The owner and/or operator of any such hotel or motel shall provide daily room cleaning service for each occupied room in such hotel or motel.

F. Law Enforcement Regulations. All provisions of the Cudahy Municipal Code regarding law enforcement regulations of public lodgings shall be applicable.

G. Market Feasibility. No application for a hotel or motel shall be accepted unless a market feasibility study is filed with the city identifying the factors which indicate a demand for such hotel or motel. (Ord. 690 § 4 (Exh. A), 2018).

A. Eligibility. A housing development project that satisfies the requirements of both state law and this part shall be eligible to receive a density bonus, concessions, and vehicular on-site parking standards in accordance with the state density bonus law.

B. Definitions.

C. Fractional Units. In determining the maximum residential density allowed under the zoning code for the purpose of this chapter, any fraction of a unit shall be rounded up to the next whole number. In calculating density bonuses and set-aside units, fractions shall be rounded up to the next whole number.

D. Zones With No Density Maximum. In order to determine the appropriate density bonus applicable to the entertainment zone, or any other zone which does not explicitly regulate housing density, the applicant shall submit a base density study to establish the density upon which bonuses are to be calculated. The base density study shall be a code-compliant set of schematic architectural plans utilizing the same unit bedroom counts and sizes as the proposed project with density bonus. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018).

A. Density Bonus Concessions. The state density bonus law grants projects which qualify under this part the right to request a number of concessions depending upon the number and income of affordable units provided in the development. These concessions may be taken from either the menu concessions (subsection (B) of this section) or the off-menu concessions (subsection (C) of this section).

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

C. Off-Menu Concessions. The city or applicant may propose concessions that result in identifiable, financially sufficient, and actual cost reductions, which proposal shall be considered and approved or denied through a density bonus off-menu concession permit as described in Chapter 20.84 CMC, Part 13. The city may, at its discretion, require the applicant to demonstrate that the proposed concession or other waiver of a development standard is needed to make the affordable units economically feasible. (Ord. 744 § 6 (Exh. A), 2024).

A. General Plan Compliance. The project is consistent with the affordable housing provisions of the general plan.

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

C. Mitigation of Impacts. The applicant has adequately demonstrated that the project will not generate unmitigated significant noise, traffic, parking, or other impacts detrimental to surrounding properties or the general welfare. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018).

A. Description. A description of the proposed project, including the number of dwelling units, set-aside units and density bonus units, and the calculations that explain the results.

B. Qualification. The basis on which the project qualifies for a density bonus.

C. Site Plan. A site plan showing building footprints, locations of set-aside units, driveway and parking layout, and the location and floor area of any proposed child care facility.

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

E. Land Donation. If the density bonus request is based on a land donation, the application shall identify the land to be transferred, and demonstrate that the applicable conditions of the state density bonus law are met.

F. Other. Other relevant information required by the director of community development. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018).

A. Form of Agreement. The execution of a density bonus housing agreement with the city in a form approved by the city attorney shall be a condition of the discretionary project approval or ministerial building permit. The agreement shall be a covenant that runs with the land and binds the owner and successors and assigns. The agreement shall be recorded prior to building permit issuance or, in the case of a subdivision, prior to final map approval.

B. Contents of Agreement. Provisions of the density bonus housing agreement may include, without limitation, the following:

A. Vehicle repair and service.

B. Maintenance and repair services.

C. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use.

D. Manufacturing or industrial activities, including but not limited to welding, machining, or any open flame work.

E. Any other activity or use, as determined by the director of community development to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents due to the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes. (Ord. 690 § 4 (Exh. A), 2018).

A. Floor Area Requirement. A live/work unit shall have a minimum floor area of at least 750 square feet. The nonresidential portion of the live/work unit shall be at least 25 percent but no more than 50 percent of the area of each unit in order to ensure that the residential portion remains accessory to the primary commercial use and complies with California Building Code requirements. All floor area other than that reserved for living space shall be reserved and regularly used for working space.

B. Separation of and Access to Individual Units. Each live/work unit shall be separated from other units and other uses in the building. Access to each unit shall be provided from shop fronts, directly from the sidewalk parallel to the primary or secondary street, or from common access areas, corridors, or halls. The access to each unit shall be clearly separate from other live/work units or other uses within the building. Living space shall be located in the rear ground level or second floor and above to maintain activity and commercial access along the frontage.

C. Facilities to Accommodate Commercial Activities. A live/work unit shall be designed to accommodate nonresidential uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively nonresidential facilities used for the same work activity.

D. Integration of Living and Working Space. Areas within a live/work unit that are designated as living space shall be an integral part of the live/work unit and not separated (or occupied and/or rented separately) from the work space, except that mezzanines and lofts may be used as living space subject to compliance with the other provisions of this part, and living and working space may be separated by interior courtyards or similar private space. (Ord. 690 § 4 (Exh. A), 2018).

A. Occupancy. A live/work unit shall be occupied and used only by the operator of the business within the unit, or a household of which at least one member shall be the business operator.

B. Business License Required. At least one of the residents of a live/work unit shall be required to have a business license with the city of Cudahy, issued pursuant to CMC Title 5 (Business Licenses and Regulations).

C. Sale or Rental of Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial space for any person not living in the premises or as a residential space for any person not working in the same unit.

D. Nonresident Employees. One person who does not reside in the live/work unit may work in the unit unless this employment is prohibited or limited by the conditional use permit, if a conditional use permit is required in the respective zone. The employment of two or more persons who do not reside in the live/work unit may be permitted, subject to a conditional use permit approval, based on additional findings that the employment will not adversely affect traffic and parking conditions in the site vicinity. The employment of any persons who do not reside in the live/work unit shall comply with all applicable building code, Occupational Safety and Health Administration (OSHA), and other state and federal regulations.

E. Client and Customer Visits. Client and customer visits to live/work units are permitted. (Ord. 690 § 4 (Exh. A), 2018).

A. Massage Establishments. All accessory massage services and massage establishments shall comply with all applicable provisions of Chapter 5.08 CMC, Article XIX.

B. Accessory Massage Services. Accessory massage services shall only be provided in conjunction with a bona fide athletic club, gym, health club, hotel, day spa, medical office, chiropractic office, holistic health practitioner establishment, beauty parlor, beauty salon, or hair salon. (Ord. 690 § 4 (Exh. A), 2018).

A. Conditional Use Permit Required. A conditional use permit shall be required for massage establishments (primary use) as found in Chapters 20.20 and 20.28 CMC.

B. Proximity to Other Massage Establishments. No more than one massage establishment shall be permitted within a radius of 1,000 feet of another massage establishment.

C. Proximity to Schools, Parks, and Playgrounds. A massage establishment shall not be located within 500 feet of any public or private school, park, child care center, or playground.

D. Proximity to Residential Zoning Districts. A massage establishment shall not be located within 500 feet of a residential zoning district. (Ord. 690 § 4 (Exh. A), 2018).

A. Compliance with State Regulations. The park and the mobile homes shall be designed and maintained in accordance with the requirements of the Mobile Home Parks Act, Part 2.1 of Division 13 of the California Health and Safety Code, and the administrative regulations adopted pursuant to that Act, as well as all other applicable laws, ordinances, and regulations.

B. Off-Street Parking. See Table 20.64-1.

C. Restrictions on Use of Mobile Homes. Other than for use as a park office, no mobile home may be used for commercial purposes.

D. Walls and Fences. The following requirements apply to fences and walls around mobile home parks:

E. Signs. The following signage requirements apply to mobile home parks:

F. Storage. All storage areas must be maintained in a manner that prevents the creation of any nuisance or otherwise detracts from the value of adjacent properties. The storage of inoperable vehicles within a mobile home park is prohibited.

G. Additional Requirements. Any mobile home park existing on the effective date of Ordinance No. 437 that thereafter obtains a conditional use permit pursuant to Chapter 20.84 CMC shall be subject to those provisions of subsection (A) of this section as the planning commission or city council determines can be enforced without requiring the removal of existing mobile homes or otherwise imposing undue hardship on the park occupants or the park owner. (Ord. 690 § 4 (Exh. A), 2018).

A. Minimum Lot Area. The minimum lot area upon which a service station is located shall comply with these requirements:

B. Minimum Lot Width. The minimum lot width of a service station shall be 100 feet.

C. Minimum Yard Dimensions. The following minimum yard dimensions shall be required for all service station developments:

D. Yard Area. No buildings or structures shall be permitted in any required yard area, except for the following permitted accessory uses:

E. Vehicle Circulation. Vehicle circulation for the pump islands shall not block or obstruct on-site parking facilities and/or off-site traffic circulation. (Ord. 690 § 4 (Exh. A), 2018).

A. Driveway Approach Approval. To minimize traffic hazards, the location and size of driveway approaches from any street shall be subject to approval of the director of public works.

B. Driveway Abutting a Building Wall Facing Side or Rear Yard. Wherever a permitted driveway abuts a wall of a building facing a side or rear yard area, that portion of the wall shall be located at least 20 feet from the lot line. (Ord. 690 § 4 (Exh. A), 2018).

A. Landscape Planter. A minimum five-foot-wide planter shall be installed along all street side property lines, with the exception of driveway openings.

B. Corner Lot Planting Area. A minimum of 150 square feet of planting area shall be maintained at the main corner intersection of a corner lot.

C. Building Façade Planting Area. A minimum of 40 square feet of planting area along the building façade that faces a street shall be maintained.

D. Enclosed Landscaped Areas. All landscaped areas shall be enclosed within a masonry planter box or a six-inch-high concrete curbing. (Ord. 690 § 4 (Exh. A), 2018).

A. Employee Breakroom Entrance. The entrance to all employee breakrooms shall be screened from view of abutting or adjacent properties and streets by a decorative screen.

B. Tire Display. Movable pallets or racks for the display of new tires shall be permitted; provided, that they are located within 10 feet of the service station building. In addition, one permanent enclosable tire cabinet shall be permitted; provided, that it is located within 10 feet of the service building and not within the required yard areas.

C. Equipment within Enclosed Building. Hydraulic hoists or pits and all lubrication, greasing, automobile washing, steam cleaning, and repair equipment shall be used and wholly stored within an enclosed building.

D. Merchandise within Closeable Cabinets/racks. With the exception of tires, batteries, accessories, and lubricating items, all other merchandise shall be stored and displayed within closeable cabinets or racks inside of the service station building. (Ord. 690 § 4 (Exh. A), 2018).

A. No smoking lounge or tobacco shop shall be located within 500 feet of any residential zone boundary or any property containing a residential use.

B. A smoking lounge or tobacco shop shall not be located within 1,000 feet of any place of religious assembly, school, child care center, or public playground. (Ord. 690 § 4 (Exh. A), 2018).

A. Automobile Parking Lots. The transitional use shall be limited to automobile parking lots.

B. Boundary. The transitional use shall be limited to an area within 100 feet from the boundary of the zone from which such transitional use is derived.

C. Remaining Portion. Any portion of a lot or parcel of land developed with the transitional use shall not leave any remaining portion containing less than the required area or width. (Ord. 690 § 4 (Exh. A), 2018).

A. Location. The transitional lot or parcel of land shall:

B. Landscaping. The transitional use shall be developed in accordance with the provisions of Chapter 20.64 CMC (Off-Street Parking), except that a transitional lot shall have a landscaped front yard setback equal to that of the zone in which it is located.

C. Access. The area developed with the transitional use shall have direct vehicular access to an improved public street, highway, or alley, or to the less restrictive zone from which such transitional use is derived.

D. Alley. The transitional use shall be permitted when a residential or agricultural zone adjoins or is separated only by an alley from any commercial or manufacturing zone. (Ord. 690 § 4 (Exh. A), 2018).

A. Private greenhouses and horticultural collections (grown in the ground).

B. Fruit and vegetable gardens, fruit trees, and nut trees.

C. The off-site sale of the products produced on the premises. (Ord. 690 § 4 (Exh. A), 2018).

A. Maintenance. Urban agriculture uses shall be maintained in an orderly manner, including litter removal, irrigation, weeding, pruning, pest control, and removal of dead or diseased plant materials.

B. Equipment. Use of mechanized farm equipment is prohibited in residential districts. Landscaping equipment designed for household use is permitted.

C. Structures. Structures to support urban agriculture, such as storage sheds, hoop-houses, and greenhouses, are permitted subject to the regulations of the underlying zone.

D. Pollutants. Urban agriculture activities shall include best practices to prevent pollutants from entering the stormwater conveyance system and shall comply with all applicable federal, state, and local laws, ordinances, or regulations.

E. Compost Piles. Compost piles and containers must be set back at least 20 feet from residential buildings when an urban agriculture use abuts a residential land use. (Ord. 690 § 4 (Exh. A), 2018).

A. The purpose of the regulatory provisions set forth in this part is to establish development standards for the installation and maintenance of antennas and wireless telecommunications facilities within specified land use zones in the community. These standards are intended to ensure that the design and location of those antennas and facilities are consistent with previously adopted policies of the city to promote the public health, safety, comfort, convenience, and general welfare of the residents, and to enhance the aesthetic quality and appearance of the community by maintaining architectural character and structural integrity, and by protecting views and vistas from obtrusive and unsightly accessory uses and facilities.

B. In adopting and implementing the regulatory provisions of this part, it is the intent of the city council to further the objectives specified in subsection (A) of this section without unnecessarily burdening the federal interest in ensuring access to satellite services, in promoting fair and effective competition among competing communications service providers, and in eliminating local restrictions and regulations that, with regard to antennas, preclude reception of an acceptable signal quality or unreasonably delay and prevent or increase the cost of installation, maintenance, or use of those antennas. (Ord. 690 § 4 (Exh. A), 2018).

A. Permitted Accessory Uses. Satellite earth station antennas described in this section may be installed as permitted accessory uses without site plan review and without obtaining a building permit; provided, that they comply with all applicable development standards set forth in subsection (B) of this section, as well as all applicable building codes, electrical codes, and fire codes:

B. Development Standards.

C. Development Review Required.

A. City-Owned Land, Buildings, and Rights-of-Way. The regulatory provisions of this section do not apply to the siting of wireless telecommunications antenna facilities on city-owned land, buildings, and rights-of-way. The proposed siting of these facilities on all city-owned property is subject to development criteria and design guidelines adopted by the city council and will require a license agreement or lease agreement with the city council or another type of approval by the city council.

B. Applicability of Regulations. Subject to the exception set forth in subsection (A) of this section, the regulatory provisions of this section are applicable to the siting of wireless telecommunications antenna facilities on all land and buildings located within all land use zones. The siting and construction of wireless telecommunications antenna facilities in all land use zones is subject to approval of a conditional use permit by the planning commission.

C. Special Provisions for Minor Modifications. An application for a minor modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station, pursuant to Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. 1455(a), shall be approved as a zoning clearance pursuant to Chapter 20.84 CMC, Part 3.

D. Application for Conditional Use Permit. In addition to the requirements set forth in Chapter 20.84 CMC the application for a conditional use permit must include the following:

E. Factors Considered in Issuing Conditional Use Permits. The planning commission must consider the following factors in determining whether to issue a conditional use permit for a wireless telecommunications antenna facility:

F. Development Standards.

G. Maintenance and Cessation of Use. The following requirements apply to wireless telecommunications antenna facilities located on existing buildings or support structures and on new support structures:

A. Variances Generally. In accordance with the provisions of Chapter 20.84 CMC, Part 5, application may be made for a variance from the restrictions and limitations imposed by this part upon the siting of satellite earth station antennas and wireless telecommunications antenna facilities.

B. Variance Requirements. A variance may be issued if, in addition to the general variance standards, the following requirements are met:

A. Development Review Required. The proposed installation of an amateur radio station antenna in any land use zone must be preceded by an application for development review in accordance with Chapter 20.84 CMC, Part 2, and if the application is approved a building permit must be obtained.

B. Application for Development Review. In addition to the requirements set forth in Chapter 20.84 CMC, Part 2, the application for development review must include the following:

C. Factors Considered in the Development Review Process.

A. Inspection. All satellite earth station antennas, amateur radio station antennas, and wireless telecommunications antenna facilities are subject to periodic inspection by the city to determine whether they are in compliance with all applicable provisions of this part.

B. Written Notice. If any condition is discovered that may result in a danger to life or property, the city will give written notice to the permittee or to the property owner, or both, at their last known address, describing the dangerous condition and demanding that the same be corrected within 10 days after that notice. (Ord. 690 § 4 (Exh. A), 2018).

A. State density bonus law requires the replacement of certain units that either now exist or that existed on the site in the last five years preceding submission of the development application. These units are those that are, or have been at any time during the last five years preceding submission of the development application:

B. The applicant shall provide replacement housing in compliance with California Government Code Section 65915(c)(3). (Ord. 744 § 6 (Exh. A), 2024).

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

B. Single-Family Properties.

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

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

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

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

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

F. Kitchens. Include an efficiency kitchen, as defined in CMC 20.88.060. (Ord. 744 § 6 (Exh. A), 2024).

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

B. Architectural Design, Form, and Materials. The accessory dwelling unit shall be designed to integrate harmoniously with the development on which it is located.

C. Standards.

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

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

F. Demolition Permit and Accessory Dwelling Unit Application. A demolition permit required for a detached garage that is to be replaced with an accessory dwelling unit is to be reviewed and issued at the same time with the application for the accessory dwelling unit. No written notice or placard is required for the demolition of a detached garage that is to be replaced with an accessory dwelling unit. (Ord. 760 § 6 (Exh. A), 2025; Ord. 744 § 6 (Exh. A), 2024).

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

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

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

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

E. Entry Space. Up to 150 square feet of additional space may be added to the accessory dwelling unit created by converting space within an existing or proposed dwelling unit or accessory structure, only for the purposes of adding an entry space to the accessory dwelling unit. (Ord. 744 § 6 (Exh. A), 2024).

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

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

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