Part 1 — General Provisions

The purposes of the provisions set forth in this chapter are as follows:

• A. Discretionary Permits and Actions. Establish the overall structure for the review and action of discretionary permits and actions.

B. Responsible Approving Authority. Designate the responsible approving authority for the review of such permits and actions.

• C. Application Process. Outline the application processing procedures for such permits and actions.

• D. Noticing and Hearing Requirements. Establish the noticing and public hearing requirements for such permits and actions.

E. Time Limits and Implementation. Identify the time limits and implementation requirements of such permits and actions.

• F. Permit Modification and Revocation. Outline the permit modification and revocation restrictions.

• G. Appeals. Identify the procedures for filing and processing an appeal. (Ord. 690 § 4 (Exh. A), 2018).

A. Approving Authorities. The approving authority, as designated in Table 20.84-1, shall approve, conditionally approve, or deny applications based upon evidence presented by the applicant, by making the applicable findings required for a particular permit or approval in accordance with the requirements of this chapter and other laws and regulations. The table identifies review, recommending, final, and appeal authorities for each application. A final action of the approving authority may be appealed to the Appeal Authority, pursuant to procedures set forth in CMC 20.84.160.

B. Referral Authority. The director of community development may forward an application for a minor development review permit or other director action to the planning commission in order to set the matter for a hearing before the planning commission.

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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C. Authority for Environmental Review. The designated approving authority shall be the approving 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 shall be heard by the planning commission.

Table 20.84-1. Designated Approving Authority

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Approving Authority
Director of
Planning
Type of Permit or Action Community City Council
Commission
Development
General Plan Amendment Review Recommendation Final
Specific Plan Review Recommendation Final
Zone Change or Text Review Recommendation Final
Amendment
Development Agreement Review Recommendation Final
Minor Deviation Final Appeal Appeal
Conditional Use Permit Review Final Appeal
Minor Conditional Use Permit Final Appeal Appeal
(Alcohol)
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
Lot Line Adjustment (CMC Title Review Final Appeal
19)
Major Development Review Review Final Appeal
Permit
Minor Development Review Final Appeal Appeal
Permit
Zoning Clearance Final Appeal Appeal
Zoning Code Interpretation Final Appeal Appeal
Temporary Use Permit Final Appeal Appeal
Home Occupation Permits Final Appeal Appeal
(Zoning Clearance)
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The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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Table 20.84-1. Designated Approving Authority

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Approving Authority
Director of
Planning
Type of Permit or Action Community City Council
Commission
Development
Reasonable Accommodation Final Appeal Appeal
Accessory Dwelling Unit Design Final Appeal Appeal
Variance
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(Ord. 760 § 6 (Exh. A), 2025; Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018).

The following activities and uses of land or structures are exempt from the land use and development permit requirements of this chapter. However, activities and uses shall comply with all other relevant provisions of this zoning code.

A. Interior Alterations. Interior alterations that do not increase the gross floor area within the structure, or change or expand the permitted use of the structure.

B. Maintenance. Ordinary repairs and maintenance, if the work does not change the approved land use of the site, add to, enlarge, or expand the area occupied by the floor area of the structure or significantly change the exterior structure and design of the original construction.

C. Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (such as water, sewer, stormwater, gas, electric, telecommunication supply or solid waste disposal systems, including wires, mains, drains, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment), but not including new transmission lines and structures nor wireless communications facilities. (Ord. 690 § 4 (Exh. A), 2018).

A land use that complies with the requirements of this chapter shall also comply with the permit requirements of other provisions of this zoning code and any applicable permit requirements of other agencies before construction or use of the property is commenced. All permits must be obtained prior to starting construction or establishment of the new use. These may include building, grading, or other construction permits; a business license; subdivision approval; or any other applicable county, regional, state, or federal regulations. (Ord. 690 § 4 (Exh. A), 2018).

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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The burden of proof to establish the evidence in support of the required finding for any permit is the responsibility of the applicant. (Ord. 690 § 4 (Exh. A), 2018).

Each permit shall be evaluated on a case-specific basis. Therefore, granting of a prior permit does not create a precedent and may not provide justification for granting a new permit. (Ord. 690 § 4 (Exh. A), 2018).

When a proposed project requires more than one permit application with more than one approving authority, all project permits shall be processed concurrently at the applicant’s own risk as interrelated permits for a project and shall not be bifurcated. The highest designated approving authority for all requested permits shall take final action on all permits. (Ord. 690 § 4 (Exh. A), 2018).

• A. Application Forms. The planning division will provide all application forms.

B. Application Submittal. All applications for land use and development permits and actions shall be submitted to the director of community development on a city application form, together with all fees, plans, maps, data, diagrams, photographs, and any other required information to provide the approving authority with adequate information on which to base decisions.

• C. Appeals to City Council. Notwithstanding subsection (B) of this section, appeals to the city council shall be filed with the city clerk.

D. Authorized to Complete Application. The owner of the property, or an authorized agent, or a plaintiff in an action of eminent domain, shall complete the application. Any agent seeking to complete an application shall be formally authorized in writing by the property owner to do so. (Ord. 690 § 4 (Exh. A), 2018).

These procedures are applicable to applications for all land use and development permits and actions. Unique processing procedures are provided with the individual permit regulations in this zoning code.

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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A. Application Reviewed for Completeness. All applications filed with the community development department shall be initially reviewed for application completeness. The director of community development or designee shall determine whether or not the application is complete and shall notify the applicant in writing of the determination that: (1) All the submittal requirements have been satisfied and that the application has been accepted as complete; or (2) specific information is still necessary to complete the application. For administrative permits and actions, the applicant shall be notified within seven days. For all other permits and actions, the applicant shall be notified within 30 calendar days of application filing, per Government Code Section 65943.

B. Applications Where Violations Occur. No application shall be deemed complete if a violation of this zoning code exists on the parcel, unless the acceptance of the application is necessary to abate the existing violation. If a violation of this zoning code is discovered after the application is deemed complete, the application shall be deemed incomplete and no further processing shall occur until the violation is abated, unless the processing of the application is necessary to abate the violation. This provision shall apply whether: (1) the current applicant was the owner of the subject property at the time the violation occurred; or (2) the applicant is the current owner of the subject property with or without actual or constructive knowledge of the violation at the time of acquisition of the subject property.

C. Termination of Incomplete Application. Upon written notification to the applicant, processing of an incomplete application may be terminated if no reasonable effort has been made by the applicant to complete the application for a period of six months from the date of notification of incompleteness. Notice of termination shall be provided to the applicant at least 30 days prior to termination. All unused fees shall be refunded to the applicant. An extension to this six-month period may be granted by the director of community development on written request by the applicant showing good cause. If terminated, a new application shall be filed, including required fees.

D. California Environmental Quality Act (CEQA). After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.).

E. Review and Comment. Application materials shall be circulated to other city departments and agencies for review and comment as determined necessary or appropriate by the director of community development. Community development department staff shall be responsible for requesting and incorporating comments into project modifications or conditions of approval to ensure conformance with all provisions of this code and other adopted policies and plans.

F. Written Report. The reviewing or approving authority, as designated in Table 20.84-1, shall prepare a written report that includes recommendation on the approval, conditional approval, or disapproval of the application, taking into account all supplemental application information, provisions of this chapter, other applicable provisions of this code, the city’s general plan, and applicable state law.

G. Written Notice of Decision. Within 10 days from the final action on an application, the approving authority shall send written notice of decision to the project applicant and other affected parties. The notice of decision shall identify the specific action of the approving authority, including the date of action, applicable conditions, basis for determination, and appeal period if applicable. (Ord. 690 § 4 (Exh. A), 2018).

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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Public hearings shall be required for all quasi-judicial permits and legislative actions. The hearing shall be held before the designated approving authority and shall be noticed in accordance with the following provisions:

• A. Public Notice. The approving authority shall give a public notice not less than 10 days before the scheduled date of a hearing for discretionary actions requiring a public hearing.

• B. Notice Content. The notice shall be distributed both in English and Spanish and state the date, time, and place of the hearing; identify the hearing body; provide a general explanation of the matter to be considered; and provide a general description of the property (text or diagram), if any, which is the subject of the hearing.

• C. Notice Distribution. Notice of the public hearing shall be mailed, postage prepaid, to all of the following:

  1. The owner of the subject real property or the owner’s designated agent; and

  2. Each local agency expected to provide essential facilities or services to the location of the application or proposed project, or whose ability to provide services may be significantly altered by approval of the application or proposed project; and

  3. All persons whose names and addresses are listed on the latest equalized assessment roll of the county as the owners of real property situated within 300 feet of the exterior boundary of the real property that is the subject of the hearing; and

  4. All tenants located on all the real property situated within 300 feet of the exterior boundary of the real property that is the subject of the hearing; and

  5. If the number of owners and/or tenants of property within 300 feet of the subject property exceeds

  • 2,000 individuals, in addition to mailing the notices, notices must also be given pursuant to subsections (D) and (E) of this section.

D. Notice in Newspaper. Notice shall be published in at least one newspaper of general circulation in the city. If there is no newspaper of general circulation in the city, then notice shall be posted in not less than three public places in the city established by city ordinance.

E. Notice on Social Media Forums. Notice shall be published in a text form, nonvideo, on all city social media accounts active within the last 30 days of the date of publication.

F. Other Notices. This notice shall be given in addition to any other notice required by law for other actions that are to be considered concurrently with an application or proposed project. This notice may be consolidated with any other notice required for other actions being considered concurrently with the action on the application or proposed project.

G. Mailing List. Any person who requests inclusion on a mailing list for notice of hearing for development projects shall submit such request in writing to the city clerk. The city may impose a reasonable fee for the purpose of recovering the cost of such notification.

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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H. Failure to Receive Notice. Pursuant to California Government Code Section 65093, failure of any person or entity to receive notice required by law of any hearing shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given.

I. Special Noticing for Temporary Uses. Upon receipt of a complete application for approval of a temporary carnival, circus, fair, or similar event, the director of community development shall mail notice to the recorded owners and all tenants of property located within 300 feet of the development. The notice shall be distributed in both English and Spanish and contain all of the following:

1. A general description of the location of the subject property;

2. The time and manner in which comments on the proposal may be submitted for the director of community development’s consideration;

3. A description of the manner in which requests for notice of the director of community development’s decision on the application may be made;

4. A description of the manner in which decisions of the director of community development may be appealed;

5. If the number of owners and/or tenants of property within 300 feet of the subject property exceeds 2,000 individuals, in addition to mailing the notices, notice must also be given pursuant to subsections (D) and (E) of this section. (Ord. 708 § 2, 2020; Ord. 690 § 4 (Exh. A), 2018).

A. Public Hearings Held. Public hearings shall be held at the date, time, and place that appear on the notice given for the hearing. The designated approving authority shall conduct the public hearing and allow testimony to be given.

• B. Minutes. Summary minutes shall be prepared and made part of the permanent file of the case.

C. Continuation. Any hearing may be continued, and further public notice shall not be required unless the hearing is not continued to a specific date and time, in which case new notice will be required in a manner consistent with CMC 20.84.100 for any additional hearings on the matter.

D. Withdrawal. Any application or petition may be withdrawn prior to a public hearing by filing with the city clerk a written request for withdrawal signed by all persons who signed the original application or petition, or their successors in interest. (Ord. 690 § 4 (Exh. A), 2018).

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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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.

B. Planning Commission Decision. The authorized signature of the planning commission, or the appeal authority, if the application was approved, on a designated form, or per a stamp approval on a set of plans, shall signify approval of a conditional use permit, variance, or major development review permit.

C. City Council Decision. The adoption of a resolution or ordinance approving a general plan amendment, a zoning code text or map amendment, or a development agreement shall constitute final action, approval, and record of the amendment. (Ord. 760 § 6 (Exh. A), 2025; Ord. 690 § 4 (Exh. A), 2018).

A. Quasi-Judicial Action Effective. Generally, any action to approve, conditionally approve, or deny an application or proposed project by the planning commission shall be effective immediately following expiration of the appeal period.

B. Legislative Action Effective. Legislative actions of the city council normally become effective 30 days from the date of final action and may not be appealed. Therefore, administrative and quasi-judicial permits that are processed in conjunction with, or that are contingent upon, a legislative action shall not be acted upon until the effective date of the required legislative action.

C. Other Approvals. The approval of a land use or development project authorizes the applicant to proceed with the proposed project upon the effective date of the approval, subject to all conditions or restrictions imposed by the approving authority. However, all other permits, licenses, certificates, and other grants of approval to which the proposed development project is subject must be secured before the development or use may commence.

D. Permit Expiration. Unless conditions of approval or other provisions of this zoning code establish a different time limit, any project approval not exercised within one year from the date of final approval shall expire and become null and void, and if the applicant still wishes to pursue the project a new application shall be filed with all requisite fees.

E. Transfer of Permits and Approvals. Land use and development permits and approvals shall be transferable upon a change of ownership of the site, business, service, use, or structure; provided, that the use and conditions of the original permit or approval are fully complied with; and further provided, that the project is not modified, enlarged, or expanded, except for the sale of alcoholic beverages.

F. Termination of a Permit. A permit shall cease to be of any force and effect if the use has ceased or has been suspended for a consecutive period of two or more years. (Ord. 690 § 4 (Exh. A), 2018).

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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A. Project Modification or Amendment. Any person holding a project approval granted under this chapter may request a modification or amendment to the project if it is found that such modification is necessary to protect the public peace, health, and safety. The modification of a project may apply to the terms of project approval, project design, or the waiver or alteration of conditions imposed when the project was approved.

B. Project Modification by the Director of Community Development. The director of community development may approve a minor modification upon determining that the proposed modification does not constitute a substantial modification of the project or otherwise exceed the scope of the original approval.

C. Project Modification Public Hearing. If the director of community development cannot find the proposed modification is minor, a public hearing is required for action to modify the project. The original approving authority for the subject project shall hold the hearing. The hearing shall be noticed in the same manner required for the granting of the original approval.

D. Findings. A project modification may be granted only when the approving authority makes all findings required for the original approval in addition to the finding that changed circumstances sufficiently justify modification of the approval.

E. Appeals. An action on a modification may be appealed in accordance with the provisions of CMC 20.84.160. (Ord. 690 § 4 (Exh. A), 2018).

A. Revocation. Approval of an application for a proposed project may be revoked upon a finding of any of the following:

1. The approval was obtained or extended by false, misleading, or incomplete information;

2. The use or development for which such approval was granted has ceased to exist by voluntary abandonment;

3. One or more of the conditions upon which the application or proposed project was approved have been violated or have not been complied with;

4. The use or development has violated another ordinance or law; or

5. The use or development is being conducted in a manner detrimental to public health, safety, or welfare, or such use or development constitutes a nuisance.

B. Revocation Initiation. The revocation of an approval may be initiated by any of the city departments. The responsible department shall specify in writing to the permittee the basis upon which the action to revoke the approval is to be evaluated.

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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C. Revocation Public Hearing. A public hearing is required for any action to revoke approval of an application or proposed project. The original approving authority for the subject approval shall hold the hearing. The hearing shall be noticed in the same manner required for the granting of the original approval. At its discretion, the designated approving authority may revoke the approval, refuse to revoke the approval, or modify or delete conditions of approval or add new conditions of approval in order to address the issues raised by the revocation hearing.

D. Appeals. An action on a revocation may be appealed in accordance with the provisions of CMC 20.84.160 (Ord. 690 § 4 (Exh. A), 2018).

A. Appeal Authority. Any person dissatisfied with an interpretation or action of the approving authority may appeal such action to the appeal authority, as designated in Table 20.84-1. Actions made by the city council are not subject to appeal. For actions not listed in the table, the appeal authority is as follows:

1. The director of community development’s decisions may be appealed to the planning commission.

2. The planning commission’s decisions may be appealed to the city council.

B. Appeal Filing. Appeals shall be filed within 15 days following the date of determination or action for which an appeal is made and shall be accompanied by a filing and processing fee, as determined by resolution of the city council. All appeals shall be in writing, identifying the action being appealed, specifically stating the basis or grounds of the appeal.

C. Effect of Filing. The filing of a notice of appeal pursuant to this chapter stays all proceedings until a decision on the appeal has been made by the decision-making body.

D. Appeal Hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings shall be conducted within 45 days from the date of the appeal application being complete. Notice of hearing for the appeal shall be provided pursuant to noticing requirements outlined in CMC 20.84.100.

E. Public Hearing Attendance. The person or authorized agent filing the appeal must be present at the public hearing. If the appellant is not present, the appeal authority may deny or continue the appeal.

F. Appeal Actions. Each appeal shall be considered de novo (new), and the appeal authority may reverse, modify, or affirm the decision in whole or in part based on evidence presented at the hearing and applicable staff reports. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may modify, delete, or add conditions as it deems necessary. The appeal authority may also refer the matter back to the original approving authority for further action.

G. Effect of Denial without Prejudice. An application that has been denied without prejudice on appeal may be refiled at any time, although the appeal must be accompanied by the standard filing fee.

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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H. Written Notice of Decision. Following the process, the appeal authority shall provide written notice of the decision to the person filing the appeal and other persons requesting the notice. No person shall seek judicial review of the appeal authority’s decision until all available appeals to the appeal authority have been first exhausted in compliance with this chapter. (Ord. 690 § 4 (Exh. A), 2018).