Part 2 — Urban Agriculture Overlay Zone

It is the purpose and intent of the city to regulate commercial cannabis production activity in a manner that is consistent with state statutes and that promotes the health, safety, and general welfare of the residents and businesses within the community, while limiting any negative impacts. It is also the intent of the city to encourage urban agriculture within the community. The Urban Agriculture Overlay Zone is established for this purpose. (Ord. 730 § 29, 2022; Ord. 690 § 4 (Exh. A), 2018).

Commercial cannabis production activities shall be allowed within the Urban Agriculture Overlay Zone pursuant to a development agreement adopted in accordance with the development agreement law (Government Code Section 65864 et seq.) and Chapter 20.84 CMC, Part 9. No such activities shall be permitted without a development agreement within or outside of the boundaries of the Urban Agriculture Overlay Zone. The city may approve or deny a development agreement in its sole discretion. In addition to the requirements in this chapter, all activities shall comply with Chapter 5.20 CMC. Notwithstanding the above, cannabis retailers shall be a permitted use in the

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

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Urban Agriculture Overlay Zone without a development agreement but subject to both the described application criteria and Chapter 5.30 CMC. (Ord. 730 § 29, 2022; Ord. 690 § 4 (Exh. A), 2018).

Adult-use commercial cannabis production activities and medicinal commercial cannabis production activities, as both are described in state law, including but not limited to the Medicinal and Adult Use Cannabis Regulation and Safety Act, are hereby prohibited unless otherwise allowed in this section. (Ord. 730 § 29, 2022; Ord. 690 § 4 (Exh. A), 2018).

No commercial cannabis production activities or cannabis retailer shall be located within the Urban Agriculture Overlay Zone as shown on the zoning map on any property fronting Atlantic Avenue with a storefront frontage facing Atlantic Avenue unless such commercial cannabis production activity or cannabis retailer employs and effectuates a business model with a primary entertainment purpose. (Ord. 730 § 29, 2022; Ord. 690 § 4 (Exh. A), 2018).

Urban agriculture, excluding cannabis horticulture, shall be subject to described application criteria within the Urban Agriculture Overlay Zone. Any outdoor urban agriculture (other than commercial cannabis) shall be subject to the operating standards in Chapter 20.52 CMC, Part 17, Urban Agriculture and Keeping of Animals. (Ord. 730 § 29, 2022; Ord. 690 § 4 (Exh. A), 2018).

A. Within the Urban Agriculture Overlay Zone. The establishment of any new public or private schools or tutoring centers providing instruction in kindergarten or any grades one through 12 unless otherwise mandated under state or federal law, day care center, youth center, or place of religious assembly is prohibited within the Urban Agriculture Overlay Zone, or within 600 feet of the boundaries of the Urban Agriculture Overlay Zone, unless otherwise mandated under state or federal law. An existing public or private school or tutoring center providing instruction in kindergarten or any grades one through 12, day care center, youth center, or place of religious assembly located within the Urban Agriculture Overlay Zone, or within 600 feet of the boundaries of the Urban Agriculture Overlay Zone shall be considered legal nonconforming, in accordance with Chapter 20.80 CMC,

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

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Nonconforming Buildings, Structures, and Uses, but shall still be considered a sensitive use pursuant to CMC 5.30.050 for the establishment of any cannabis retailer in the Urban Agriculture Overlay Zone.

B. In Adjacent Zones. The following restrictions apply to the following uses in all zones pursuant to Tables 20.16-1, 20.20-1, and 20.28-1:

1. Schools, Public and Private, or Tutoring Centers, in Residential Zones. Schools, public and private, or tutoring centers providing instruction in kindergarten or any grades one through 12 unless otherwise mandated under state or federal law, are prohibited if located within 600 feet of a residential zone located within the Urban Agriculture Overlay Zone as shown on the zoning map, unless otherwise mandated under state or federal law.

2. Day Care Centers. Day care centers and family day care homes occupying any portion of the Civic MixedUse Zone or any residential zone are prohibited if located within 600 feet of the Urban Agriculture Overlay Zone as shown on the zoning map, unless otherwise mandated under state or federal law.

3. Schools, Business and Professional, in Mixed-Use Zones. Schools which provide instruction in kindergarten or any grades one through 12 that occupy any portion of the Civic Mixed-Use Zone are prohibited if located within 600 feet of the Urban Agriculture Overlay Zone as shown on the zoning map, unless otherwise mandated under state or federal law. (Ord. 730 § 29, 2022; Ord. 690 § 4 (Exh. A), 2018).

The city reserves the right to issue temporary permits to cannabis retailers licensed permitted pursuant to Chapter 5.30 CMC, Cannabis Retailers, for on-site cannabis sales to, and consumption by, persons 21 years of age or older at a county fair, district agricultural association event, or other similar event authorized under state law, which is located within the Urban Agriculture Overlay Zone, pursuant to the provisions of Business and Professions Code Section 26200(e). (Ord. 730 § 29, 2022; Ord. 690 § 4 (Exh. A), 2018).

A. Purpose. These provisions are established to ensure all commercial cannabis facilities meet the city’s design and landscape standards; policies, goals and programs of the general plan; and the city’s economic development activities, including community beautification, parking reduction and street improvement efforts. All commercial cannabis development shall comply with the following development standards.

B. Landscaping Standards.

1. All new commercial cannabis development must include landscaping using drought-tolerant, Californianative trees, shrubs and succulents or other approved plants, and in compliance with Chapter 20.68 CMC (Low Impact Development Measures).

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

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2. Landscaping may include surface planters, aboveground planters, building side planters, rooftop gardens, and other innovative planting solutions approved by the city as part of the review of the commercial cannabis permit and development agreement.

3. A five-foot-wide landscape planter may be required at the front of new and existing buildings. Exceptions may be made for existing buildings with no existing front yard setback.

4. New development and new parking lots shall, at a minimum, comply with parking lot landscaping standards in CMC 20.64.070 and any additional requirements for the Entertainment Zone pursuant to CMC 20.20.030.

5. A landscaping plan, designed by a licensed landscape architect or arborist, or other city-approved landscape professional, shall be submitted in conjunction with the application for a commercial cannabis permit and development agreement.

• C. Parking Standards. See Table 20.64-1 for vehicle parking and CMC 20.64.090 for bicycle parking.

D. Façade Improvements. All new commercial cannabis permit applications must include a façade improvement plan for city approval. The plan must include fencing, security walls or other screening plan; new paint, siding or other building improvement materials, in a color scheme approved by the city; new paving (as needed), parking striping, or other site improvements, as determined by the city as part of the commercial cannabis permit/ development agreement review and in compliance with CMC 20.56.070 (General Architectural Standards).

• E. Fencing.

1. Security Screening. Security screening (fencing, walls, or other screening features) must be provided along the front perimeter of all commercial cannabis facilities. Fencing may be constructed between eight feet and 10 feet in height along the front property line setback and up to 15 feet in height in the rear or side yard, at the discretion of the city.

2. Fence and Wall Materials. Allowed materials for fences and walls include, but are not limited to, decorative and reinforced metals, wrought iron, concrete and block. Alternative materials may be allowed with city approval. Chain-link and razor wire are strictly prohibited.

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

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Figure 20.32-1 8-foot security wall with vehicular access

Figure 20.32-2

Typical 8-foot security wall with 5-foot setback

(Ord. 730 § 29, 2022; Ord. 690 § 4 (Exh. A), 2018).