Part 13 — Off-Menu Density Bonus Concession Permit

Off-menu density bonus concessions and waivers shall be reviewed by the proper reviewing authority for the project and shall be approved subject to state density bonus law findings per California Government Code 65915 (Ord. 744 § 6 (Exh. A), 2024).

Code reviser’s note: Ord. 744 adds this section as 20.84.750. The section has been editorially renumbered to prevent duplication of numbering.

The city may, at its discretion, require the applicant to demonstrate that the proposed concession of a development standard is needed to make the affordable units economically feasible. (Ord. 744 § 6 (Exh. A), 2024).

The applicant shall receive the following total number of incentives or concessions. Any on-menu concessions requested from CMC 20.52.330(B) shall count toward the total number of concessions:

A. One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least five percent for very low income households, or at least 10 percent for persons and families of moderate income in a development in which the units are for sale.

B. Two incentives or concessions for projects that include at least 17 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a development in which the units are for sale.

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

Page 244 of 293

Title 20 Zoning | Cudahy Municipal Code

C. Three incentives or concessions for projects that include at least 24 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a development in which the units are for sale.

D. Five incentives or concessions for a 100 percent affordable project meeting the criteria of California Government Code Section 65915(b)(1)(G). If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area as determined by the state, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.

E. One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development.

F. Four incentives or concessions for projects that include at least 16 percent of the units for very low income households or at least 45 percent for persons and families of moderate income in a development in which the units are for sale. (Ord. 744 § 6 (Exh. A), 2024).

An applicant for a density bonus may submit a proposal for off-menu development standard concessions. The city shall grant the off-menu concession requested by the applicant unless the city makes a written finding, based upon substantial evidence, of any of the following:

A. The off-menu concession does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5 or for rents for the targeted units to be set.

B. The off-menu concession would have a specific, adverse impact, as defined in California Government Code Section 65589.5(d)(2), upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.

• C. The off-menu concession would be contrary to state or federal law. (Ord. 744 § 6 (Exh. A), 2024).