Cudahy City Zoning Code
20.08 Administration
and Enforcement
20.08.010 Purpose and authority.
The purpose of this chapter is to outline the authorities and responsibilities of each Cudahy reviewing and approval authority as they relate to the administration and enforcement of the zoning code.
A. Approving Authority. Table 20.84-1 in Chapter 20.84 CMC sets forth all permits and approvals that may be necessary as required by this zoning code, as well as approving authority and appeal body.
B. Environmental Review. The designated approving authority shall be the approving/certifying authority for environmental assessments, with the exception that any director-level permit or action that requires a negative declaration/mitigated negative declaration or environmental impact report pursuant to the requirements of CEQA shall be heard by the planning commission. (Ord. 690 § 4 (Exh. A), 2018).
20.08.020 Responsibilities of the city council.
The city council shall have the following responsibilities with respect to the implementation of this chapter:
A. Appoint Planning Commission. Appoint members of the planning commission.
B. Planning Commission Appeals. Act as the appeal body on decisions made by the planning commission.
C. Applications. Hear and act upon applications for specific plans, zoning code text and map amendments, general plan amendments, development agreements, and other matters outlined in Table 20.84-1, including accompanying CEQA documents.
D. Amendments. Direct planning-related policy amendments and special studies as necessary or desired.
E. Other Powers and Duties. Exercise other powers and duties as are prescribed by state law or local ordinance. (Ord. 690 § 4 (Exh. A), 2018).
20.08.030 Responsibilities of the planning commission.
A. Authority. The planning commission shall have all planning authority as set forth in the state planning, zoning, and development laws. The planning commission is vested with the duty of administering this zoning code. Whenever an administrative power is granted to, or an administrative duty imposed upon, the planning commission, the commission may instruct the director of community development to exercise such administrative duty.
B. Applications. The planning commission shall have the authority to decide on such matters as outlined in Table 20.84-1, including major development review, conditional use permits, variances, lot line adjustments, and tentative maps, including accompanying CEQA documents.
C. Appeals. The planning commission has the authority to act upon an appeal of any order, requirement, permit, decision, or determination concerning land use under this zoning code made by an administrative or appointed official or body, such as the director of community development.
D. Recommendations to the City Council. The planning commission has the authority to consider and make recommendations to the city council regarding general plan amendments, zone changes, zone ordinances, specific plans, development agreements, and any other items listed on Table 20.84-1.
E. Zoning Code Amendment Studies and Recommendations. Initiate studies of amendments to the zoning code and make recommendations to the city council for amendments to the zoning code.
F. Conduct of Meetings. The planning commission shall adopt rules as necessary to conduct its affairs and in keeping with the provisions of this chapter. Planning commission meetings shall be held on a regular basis and shall be open to the public. The planning commission shall keep minutes of its proceedings, indicating the vote of each member upon each question via a roll call vote, or if a commissioner is absent or abstains from voting, and shall keep records of its own examinations and other official actions, which shall be filed in the office of the city clerk. (Ord. 690 § 4 (Exh. A), 2018).
20.08.040 Responsibilities of the director of community development.
A. Authority. The director of community development shall have the authority granted under the planning, zoning, and development laws of the state of California. Whenever an administrative power is granted to, or an administrative duty imposed upon, the planning commission, the commission may instruct the director of community development to exercise such administrative duty.
B. Recommendations to the Planning Commission and City Council. Review and make recommendations to the planning commission and the city council on all planning applications, land use and planning issues, zoning interpretations, and other activities as may be directed by the city council, the planning commission, or the city manager.
C. Record and Maintain. Maintain the zoning code, zoning map, and records of zoning actions and interpretations.
D. Administrative Functions. Conduct administrative functions authorized by the zoning code, including distribution and receipt of permit applications and corresponding fees, application review and public noticing, determination and issuance of administrative permits, and approvals as listed on Table 20.84-1 and preparation of staff reports.
E. Public Participation. Provide information to the public and facilitate public participation on planning matters.
F. Enforcement. The director of community development shall be responsible for the enforcement of the zoning code. The director of community development may serve notice requiring the removal of any structure or use in violation of the zoning code on the owner or authorized agent, on a tenant, or on an architect, builder, contractor, or other person who commits or participates in any violation. The director of community development may call upon the city attorney or city prosecutor to institute necessary legal proceedings to enforce the provisions of the zoning code, and the city attorney or city prosecutor is authorized to institute appropriate actions to that end. The director of community development may call upon the building official, the Los Angeles County Sheriff’s Department, or the Los Angeles County Fire Department and their authorized agents to assist in the enforcement of the zoning code.
G. Other Powers and Duties. Exercise other powers and duties as are prescribed by state law or local ordinance, or as directed by the city council. (Ord. 690 § 4 (Exh. A), 2018).
20.08.050 Interpretation of zoning code provisions.
A. Procedures for Interpretation.
1. The director of community development, where reasonably necessary, shall interpret the provisions of this zoning code to assure adherence to the provisions contained in the code. Any person who is aggrieved by any such interpretation may submit in writing, within 10 days after the date of the director’s decision, a request that such interpretation be reviewed by the planning commission.
2. Upon receipt of such a request, the planning commission shall in a timely manner review the interpretation as made, and shall approve, modify, or disapprove the director of community development’s interpretation.
3. Any person aggrieved by the decision of the planning commission may, in writing, within 10 days after the date of the planning commission’s decision, request that the decision be reviewed by the city council.
4. Upon receipt of such request, the city council, at its next regularly scheduled meeting, shall review the decision and approve, modify, or disapprove the planning commission’s determination. The interpretation by the city council shall be final and conclusive.
B. Rules of Interpretation.
1. Terminology. When used in this chapter, the following rules apply to all provisions of this zoning code:
a. Language. When used in this zoning code, the words “shall,” “must,” “will,” “is to,” and “are to” are mandatory. “Should” is not mandatory but is strongly recommended, and “may” is permissive.
b. Tense. The present tense includes the past and future tense, and the future tense includes the present.
c. Number. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.
d. Calculations.
i. Residential Density. When the calculation of residential density results in a fraction, the number of allowed units is rounded up to the whole number. For projects eligible for a density bonus pursuant to Government Code Section 65915 or any successor statute and Chapter 20.52 CMC, Part 10 (Housing Incentives), any fractional number of permitted density bonus units shall be rounded up to the next whole number.
ii. Other Calculations. For calculations other than residential density, the fractional/decimal results of calculations of one-half (0.5) or greater shall be rounded up to the nearest whole number and fractions of less than one-half (0.5) shall be rounded down to the nearest whole number, except as otherwise provided.
e. Conjunctions. “And” indicates that all connected items or provisions shall apply. “Or” indicates that the connected items or provisions may apply singly or in any combination. “Either…or” indicates that the connected items and provisions shall apply singly but not in combination. “Includes” and “including” shall mean “including but not limited to.”
f. Local Reference. “City” as used in this zoning code means the city of Cudahy, and all public officials, bodies, and agencies referenced are those of the city unless otherwise stated.
g. Definitions. As defined in Chapter 20.88 CMC and/or as determined/interpreted by the director.
2. Number of Days. Whenever the number of days is specified in this zoning code, or in any permit, condition of approval, or notice issued or given as provided in this zoning code, the number of days shall be construed as calendar days, unless otherwise specified. When the last of the specified number of days falls on a weekend or city holiday, time limits shall extend to the end of the next working day.
3. Minimum Requirements. When interpreting and applying the regulations of this zoning code, all provisions shall be minimum requirements, unless specifically stated otherwise.
C. Uses Not Classified.
1. Use Not Listed Is Not Allowed. If a use of land is not specifically listed in the zoning code, the use shall not be allowed, except as provided below.
2. Director’s Determination. Based on the authority granted in subsection (A) of this section, the director may determine that a land use that is not listed in this zoning code may be allowed. In making this determination, the director shall first make all of the following findings:
a. The characteristics of, and activities associated with, the use are equivalent to those of one or more of the uses listed in the zone as allowable, and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, emissions, or similar impacts than the uses listed in the zone;
b. The use will meet the purpose/intent of the zone that is applied to the location of the use; and
c. The use will be consistent with the goals, objectives, and policies of the general plan.
3. Applicable Standards and Permit Requirements. When the director determines that an unlisted land use is equivalent to a listed use, the unlisted use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of this zoning code apply. (Ord. 690 § 4 (Exh. A), 2018).
20.08.060 Enforcement of permits, certificates and licenses.
All officials, departments, and employees of the city of Cudahy vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of the zoning code and shall issue no permit, certificate, or license which conflicts with the provisions of this zoning code. Any permit, certificate, or license issued in conflict with the provisions of this zoning code shall be null and void. (Ord. 690 § 4 (Exh. A), 2018).
20.08.070 Voidable conveyances.
Any deed or conveyance, sale, or contract to sell that is made contrary to the provisions of this zoning code shall be voidable at the sole option of the grantee, buyer, or person contracting or purchasing, or their heirs, personal representative, or trustee in insolvency, or bankruptcy, within one year after the date of the execution of the deed of conveyance, sale, or contract to sell. Otherwise, the deed of conveyance, sale, or contract to sell shall be binding upon any assignee or transferee of the grantee, buyer, or person contracting to purchase and upon the grantor, vendor, or person contracting to sell or his assignee, heir, or devisee. (Ord. 690 § 4 (Exh. A), 2018).
20.08.080 Violations.
Any person violating any provision of the zoning code shall be punishable as set forth in Chapter 1.36 CMC. Any violation of the provisions of this zoning code shall be deemed to be a continuing violation until such violation has been abated. (Ord. 690 § 4 (Exh. A), 2018).
20.08.090 Validity of this zoning code.
If any provision of this zoning code is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared that the effect of such decisions shall be limited to that provision or those provisions that are expressly stated in the decision to be invalid, and such decision shall not affect, impair, or nullify this zoning code as a whole, or any part thereof, and the remainder of this zoning code shall continue in full force and effect.
If the application of any provision of this zoning code to any area, property, or site is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared that the effect of such decision shall be limited to that area, property, or site immediately involved in the controversy, action, or proceeding in which the judgment or decree of invalidity was rendered. Any such decision shall not affect, impair, or nullify this zoning code as a whole or in the application of any provision to any other areas, property, or site. (Ord. 690 § 4 (Exh. A), 2018).