Part 5 — Minor Deviation – Minor Conditional Use Permits (Alcohol), Conditional Use…

(Ord. 760 § 6 (Exh. A), 2025; Ord. 744 § 6 (Exh. A), 2024).

A. Intent and Purpose of Minor Deviation. The purpose of a minor deviation is to provide an administrative mechanism whereby the community development director can grant minor deviations from development standards due to unique physical characteristics of the property. A minor deviation shall only be granted if the strict application of the development standards is causing unnecessary hardship and there are no alternatives that could provide an equivalent level of benefit to the property owner. The granting of a minor variance shall not adversely affect the health, safety and welfare of the city and neighboring properties. Minor deviations shall not constitute the mere granting of a privilege and shall demonstrate that the deviation is in keeping with good land use planning principles.

B. Intent and Purpose of Minor Conditional Use Permits. The purpose of a minor conditional use permit is to provide an administrative mechanism whereby the community development director can grant approval to certain alcohol uses that, due to the nature of the use, require special review to determine if the use proposed is compatible with surrounding uses, but that are less likely to pose a threat to public health and safety. The granting of a minor conditional use permit shall not adversely affect the health, safety and welfare of the city and neighboring properties, must demonstrate compatibility with zoning regulations and with surrounding properties, and shall be subject to conditions of approval.

C. Intent and Purpose of Conditional Use Permits. The city recognizes that certain uses, due to the nature of the use, intensity or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses; or if through the imposition of conditions on the development and use, it can be made compatible with surrounding uses. The conditional use permit is provided for this purpose and to ensure compatibility with zoning regulations and with surrounding properties.

D. Intent and Purpose of Variances. California Government Code Section 65906 establishes the authority of the city to grant exceptions to development standards and provisions of this zoning code in cases where, because of special circumstances applicable to a particular property or unique characteristics of the property, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning districts. (Ord. 760 § 6 (Exh. A), 2025; 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. Minor Deviation. The community development director or his or her designee may grant a minor deviation, up to a maximum of 10 percent of the standards being modified, for only the following: landscape area, building setbacks, building height, wall/fence height, lot coverage, sign area, distance between structures and parcel dimensions and area. No more than one minor deviation shall be granted per parcel.

B. Minor Conditional Use Permits. Applications for minor conditional use permits may be submitted only for those uses specified as allowable minor conditional uses in Chapter 20.52 CMC, Part 2. A minor conditional use permit shall not substitute for an amendment to the zoning code text or map.

C. Conditional Use Permits. Applications for conditional use permits may be submitted only for those uses specified as allowable conditional uses in the applicable zone district. A conditional use permit may not substitute for an amendment to the zoning code text or map.

D. Variances. A variance application shall be filed whenever any deviation from the provisions of this zoning code is proposed. Variances may not be approved for uses or activities not otherwise expressly authorized by this zoning code. A variance may not substitute for an amendment to the zoning code text or map, or for a conditional use permit. (Ord. 760 § 6 (Exh. A), 2025; Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018).

The processing requirements found in Part 1 of this chapter relating to application submittal, review, noticing, and public hearings shall apply to conditional use permits and variances with exceptions as noted in this chapter. (Ord. 690 § 4 (Exh. A), 2018).

The community development director shall consider applications for a minor deviation and may, with or without conditions, approve any application that is in general accord with the following principles and standards based on findings and conclusions drawn from information and evidence presented. Minor deviations shall be granted only when the community development director determines that the proposed minor deviation complies with the following findings:

A. Special Circumstance. There are special circumstances applicable to the property, including, without limitation, size, shape, topography, location, surroundings, or unclear property lines, where the strict application of this title deprives such property a right possessed by other property in the same vicinity or other properties that have the same zone district classification; and

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

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B. Similar Privileges. That granting a minor deviation is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity or other properties that have the same zone district classification; and

C. Safety and Welfare. That granting the minor deviation will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located; and

D. Consistent Privileges. That granting the minor deviation does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is located. (Ord. 744 § 6 (Exh. A), 2024).

The appropriate approving authority designated in Table 20.84-1 of this chapter shall consider applications for a conditional use permit and minor conditional use permit and may, with or without conditions, approve any application that is in general accord with the following principles and standards based on findings and conclusions drawn from information and evidence presented. Conditional use permits shall be granted only when the planning commission determines that the proposed development or activity complies with all findings pursuant to subsections (A) through (G) of this section. Minor conditional use permits shall be granted only when the community development director determines that the proposed activity complies with all findings pursuant to subsections (A) through (F) of this section.

A. Consistency. The use shall be consistent with the general plan and consistent with the integrity and character of the zone in which it is to be located.

B. Site Suitability. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls and fences, parking and loading, landscaping, and other development standards prescribed in this zoning code, or required by the planning commission, city council, or other authorized agent in order to integrate the conditional use with the land and uses in the neighborhood.

C. Neighborhood Compatibility. The designated approving authority shall consider the nature, condition, and development of adjacent uses, buildings, and structures and the effect the proposed use may have on such adjacent uses, buildings, and structures.

D. Access and Circulation. The site for a proposed conditional use should relate to streets and highways adequate in width and pavement to carry the kind and quantity of traffic such use would generate. Adequate provisions for public access are available to serve the use.

E. Utilities and Services. Adequate provisions for water, sewer, and public utilities and services are available to ensure that the use will not be detrimental to public health and safety.

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

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F. Safety and Welfare. The use will not be detrimental to the public interest, health, safety, convenience, or welfare.

G. Conditions of Approval. The planning commission may apply such conditions to a proposed conditional use as it deems necessary to protect the public health, safety, and general welfare, including but not limited to:

1. Special yards, open spaces, and buffer areas.

2. Fences and walls.

3. Surfacing of parking areas and driveways to specified standards.

4. Street dedications and improvements.

5. Vehicular ingress and egress.

6. Landscaping and maintenance of grounds.

7. Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances, and radiation.

8. Regulation of operating hours for activities affecting normal neighborhood schedules and functions.

9. Regulation of signs and outdoor advertising.

10. Establish a validation period limiting the time in which development may begin.

11. Require a bond or other surety that the proposed conditional use will be removed on or before a specified date, or to guarantee faithful performance of conditions.

12. Require a site plan indicating all details and data as prescribed in this chapter.

13. Require such other conditions as will make possible the development of the proposed conditional use in an orderly and efficient manner and in general accord with all elements of the general plan and the intent and purpose of this zoning code.

14. The planning commission may approve a condition specifying a term for which the conditional use permit is valid. (Ord. 760 § 6 (Exh. A), 2025; Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018. Formerly 20.84.330).

The planning commission shall consider applications for a variance and may, with or without conditions, approve any case which is in general accord with the following principles and standards based on findings and conclusions drawn from information and evidence presented at a public hearing. Variances shall be granted only when the

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

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planning commission determines that the proposed development or activity complies with all of the following findings:

A. Special Circumstances. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, that do not generally apply to other properties in the same district.

B. Similar Privileges. The strict application of this zoning code deprives such property of privileges enjoyed by other properties in the vicinity and other identical zoning classification.

C. Consistent Privileges. The granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. The granting of the variance counteracts a unique burdensome characteristic of the property that otherwise makes it substantially more difficult or impossible to reasonably develop or use the property in compliance with a particular zoning standard as compared to other properties in the vicinity and zone.

D. Public Health, Safety, or General Welfare. The development permitted will not be materially detrimental to the public health, safety, or general welfare, or injurious to property or improvements in the zone or neighborhood in which the property is located.

E. Conditions of Approval. The planning commission may, in granting a variance, impose such conditions as are necessary to protect the public health, safety, and general welfare, and assure compliance with the provisions and standards included in this zoning code. (Ord. 744 § 6 (Exh. A), 2024. Formerly 20.84.340).

• A. Special Processing Requirements.

1. Application. An applicant for a conditional use permit for the manufacture or storage of explosives shall submit an application containing such information as is required elsewhere in this zoning code and such additional information and affidavits as are requested by the planning commission, city council, or other authorized agent. In addition to such information, the application shall also contain an affidavit in writing indicating that the applicant will fully and faithfully abide by and comply with the requirements set forth in this section.

2. Processing of Application – Fire Chief. The director of community development shall immediately notify the fire chief of any application or petition for a variance or conditional use permit to manufacture or to keep or store explosives. The fire chief shall furnish to the planning commission, city council, or other authorized agent a written report thereon, stating whether or not, in the fire chief’s judgment, explosives in the amounts and kinds mentioned in the application could be manufactured or stored at the place proposed without danger of serious injury to persons other than those employed in or about the plant or magazine, or to property other than that of the applicant.

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

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B. Findings.

1. Conditional Use Permit Required. No quantity of explosives in excess of 100 pounds shall be manufactured, stored or kept in any place, residence, or building without a conditional use permit therefor issued by the planning commission or city council, and then only if said explosives are manufactured or stored in a building or magazine situated, constructed, operated, and maintained in the manner prescribed in the city health and safety code.

2. Prohibitions. No building used in whole or in part for the habitation of human beings, or no place of religious assembly, schoolhouse, or building used as a place of public assembly shall be used for the manufacture or storage of explosives.

3. Distance. No structure used for the manufacture or storage of explosives shall be located within a distance of one-half mile of any highway used for travel by the public, except as otherwise provided herein.

4. Limitations. The storage of not more than 100,000 pounds of explosives in a magazine situated, constructed, operated, and maintained as prescribed in the city health and safety code may be located at a place not less than one-quarter mile distant from any building used in whole or in part for the habitation of human beings, or from any place of religious assembly, schoolhouse, or other public building, or buildings used as a place of public assembly, or from any highway used for travel by the public, if the explosives, within two miles of such buildings or highways, are stored in a magazine surrounded by natural or artificial barriers formed by hills or earth embankments of sufficient height and thickness to prevent serious injury to any building or to any person in or about the buildings or traveling upon any such highway, and provided the hills or earth embankments could deflect the force of all or part of the total amount of explosives stored in the magazine. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018. Formerly 20.84.350).

The expiration of a minor deviation, minor conditional use permit, conditional use permit or variance shall occur in accordance with Part 1 of this chapter with the following exceptions:

A. Government Uses. Where the planning commission has approved a proposal to acquire land for a governmental enterprise and has approved a variance or conditional use permit therefor, no time limit shall apply to utilization of the permit; provided, that:

1. Within one year of the date of such approval, the governmental agency either acquires the property involved or commences legal proceedings for its acquisition;

2. Immediately after the acquisition of the land or the commencement of legal proceedings for its acquisition, the governmental agency shall place signs, each with a surface area of not less than 20 square feet but not more than 40 square feet, on the property so that there shall be one sign facing each street bordering the property, with the sign located within 50 feet of the street. Where the property in question is

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

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not bounded by any street, the applicant shall erect one sign facing the street nearest the property. Each such sign shall indicate the ownership of the property and the purpose to which it is to be developed; and

3. The governmental agency shall maintain these signs on the property in good condition until such time as the variance or conditional use permit privileges are utilized.

• B. Extension. Upon an application received prior to the expiration of a minor deviation, minor conditional use permit, conditional use permit, or variance, the following shall apply:

  1. Conditional Use Permit and Variance. The planning commission may extend the expiration date of such permit for a period not to exceed one additional year. Any decision on such an application may be appealed to the city council pursuant to CMC 20.84.160.

2. Minor Deviation and Minor Conditional Use Permit. The director of community development may extend the expiration date of such approval for a period not to exceed one additional year. If the minor deviation or minor conditional use permit has been approved in conjunction with additional land use entitlements, the expiration date of those entitlements shall supersede. (Ord. 760 § 6 (Exh. A), 2025; Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018. Formerly 20.84.360).

For special noticing requirements and findings for condominium conversions, see Chapter 20.52 CMC, Part 6. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018. Formerly 20.84.370).