Part 10 — Housing Incentives

This part implements the state of California density bonus law (California Government Code Section 65915 et seq.), as may be amended, and is intended to provide incentives for the production of affordable housing, senior housing, and child care facilities. State law shall prevail over any conflicting provision of this part. (Ord. 690 § 4 (Exh. A), 2018).

The director of community development may promulgate rules and procedures that are consistent with the provisions and intent of this part. (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.

The definitions found in the state density bonus law shall apply to the terms contained herein.

“Concession” shall have the same meaning as “concession or incentive.”

“Set-aside unit” or “affordable unit” means a dwelling unit restricted pursuant to this part to qualify the project for a density bonus.

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).

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

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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:

  1. Side Yard Setback. Zoning Code Table 20.16-2 (Development Standards for Residential Zones) and CMC 20.56.050(B)(1)(b). Deviate from side yard setback to require a five-foot setback for one story with two additional feet for a second story and above, for a maximum side yard setback of seven feet.

  2. Distance Between Buildings. CMC 20.56.050(E) requires 10 feet between buildings. Deviate from this standard subject to building, fire, and life safety requirements.

3. Open Space. CMC 20.16.060(A)(1) allows private open space in the form of balconies, courtyards, at-grade patios, rooftop decks, or terraces but does not allow private open space in the required front yard. Allow private open space in the front yard.

4. Minimum Unit Size. CMC 20.16.030 sets minimum floor areas per type of residential unit. Allow these minimum floor areas to be decreased by 100 square feet.

5. Minimum Nonresidential Area. CMC 20.28.020(D)(1) requires that one-third of the total floor area in a mixed-use development be nonresidential in nature. Waive this requirement; provided, that CMC 20.28.020(D)(2), 20.28.020(D)(3), and 20.28.020(D)(4) are met.

6. Building Height. CMC 20.16.030 and CMC 20.28.030 set a maximum building height. Deviate from building height subject to meeting the minimum front setback requirement of the underlying zone and subject to building, fire and life safety requirements. Allow up to 10 feet or one story.

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 conditional use permit approved by both the planning commission and city council shall be required for any density bonus greater than that granted by the state density bonus law. The city has the authority but not the obligation to grant a density bonus in excess of that granted by the state density bonus law. For requests under this part, the city may consider benefits of the project and other factors, including, without limitation: (1) additional

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

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affordable units; (2) on-site amenities; (3) services for residents; and (4) the distance to neighborhood services and public transit. In addition to the findings required in Chapter 20.84 CMC, Part 5, the following findings must be met:

• 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).

The following information shall be included with the first application required for the housing development project:

• 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).

Repealed by Ord. 744.

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

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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:

  1. The number of set-aside units, their floor area, number of bedrooms, location, and production schedule.

  2. Ensure continued affordability of set-aside units for the requisite period.

  3. Standard or index to establish maximum rent or sales price of affordable units.

  4. Restrict rentals or sales of affordable units to persons and families of qualifying income levels and set forth the procedure to certify incomes.

  5. Prohibit occupants from renting or subletting an affordable unit.

  6. Control the resale of condominium set-aside units to provide for the recapture of any initial subsidy and any required equity-sharing payment to the city from the sale proceeds.

  7. Specify requirements applicable to a child care facility, including floor area, percentage of patrons from qualifying income level families, and financial or other guarantee of continued operation for the mandated period.

  8. Specify residency restrictions applicable to a senior citizen housing development or mobile home park.

  9. Require compliance with state law, this part, and all other applicable regulations.

  10. Set forth monitoring and reporting procedures, penalties, and enforcement mechanisms, such as a deed of trust to secure performance of obligations. (Ord. 690 § 4 (Exh. A), 2018).