Emeryville City Council
December 19, 2023

ORDINANCE NO. 23-005
Ordinance Of The City Council Of The City Of Emeryville Amending The Planning Regulations In Title 9 Of The Emeryville Municipal Code To Streamline The Development Review Process For Multifamily And Mixed-Use Residential Projects Requiring Ministerial Approval To Comply With State Law WHEREAS, State laws limit the City’s ability to require certain multifamily and mixed-use residential development proposals to comply with subjective standards, regulations, and criteria; and
WHEREAS, State law instead allows those projects to undergo streamlined review and/or limit the City’s ability to deny them or reduce density as long as they comply with “objective development standards;” and
WHEREAS, State law generally defines such standards as those that involve no personal or subjective judgment by a public official and that are uniformly verifiable by a benchmark or criterion known prior to application submittal; and
WHEREAS, on December 20, 2019, the City was awarded an SB 2 Planning Grant from the State Department of Housing and Community Development for preparation of such objective development standards (the “Project”); and
WHEREAS, the Planning Commission has held three study sessions, the City Council has held two study sessions, and the Project has been reviewed and commented on by the Bicycle/Pedestrian Advisory Committee, the Transportation Committee, and the Housing Committee; and
WHEREAS, notices for the Planning Commission’s and City Council’s consideration of the Project was provided pursuant to Government Code Section 65090; and WHEREAS, the Project not a “project” pursuant CEQA Guidelines section 15378(b)(5) because the Regulations and Guidelines are organizational or administrative activities that will not result in direct or indirect physical changes in the environment; the amendments will simply install or amend design standards for future construction. Even if the amendments were considered to be a project, they would exempt from environmental review pursuant to the “common sense exemption” at CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that their adoption alone would have a significant effect on the environment and any future project that relied on the Planning Regulations and Design Guidelines would require its own CEQA review; and
WHEREAS, the Planning Commission held a duly and properly noticed public hearing on October 26, 2023 in which the Commission recommended approval to the City Council subject to two minor changes to Chapter 4 of Title 9; and DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Ordinance No. 23-005
Objective Standards - Amendments To Title 9
City Council Meeting | December 19, 2023

WHEREAS, the City Council held a duly and properly noticed public hearing on November 21, 2023 in which the City Council reviewed the recommended changes to the Planning Regulations in Title 9 of the Emeryville Municipal Code; and WHEREAS, the City Council has reviewed and considered the staff report and attachments thereto, all public comments, and the project as set forth in this Resolution and the applicable provisions of the Emeryville Planning Regulations (the “Record”);

NOW, THEREFORE, THE CITY OF EMERYVILLE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION ONE. PURPOSE AND INTENT
The purposed and intent of this Ordinance is to adopt amendments to the Planning Regulations in Title 9 of the Emeryville Municipal Code to streamline the development review process for multifamily and mixed-use residential projects requiring ministerial approval to comply with state law.

SECTION TWO. REQUIRED FINDINGS FOR ADOPTING ORDINANCE
The City Council of the City of Emeryville makes the following findings as required by Emeryville Municipal Code Sections 9-7.1305:
a) That the proposed amendment is consistent with the General Plan; The proposed amendment to the Planning Regulations is consistent with the following goals and policies of the General Plan:

Land Use Goal LU-G-9, “Appropriately scaled buildings – heights and massing that do not appear monolithic.”
Park and Open Space System Goal PP-G-2, “New public spaces – A public realm and new public parks and plazas that serve as focal points of the community.”
Park and Open Space System Policy PP-P-4, “Locate ‘other park opportunities’… to maximize accessibility for residents…” Park and Open Space System Policy PP-P-11, “All large new residential developments shall include a combination of private and common open space.”
Urban Design Goal UD-G-18, “A city identity – An identity that distinguishes Emeryville for the community and its visitors.” DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Ordinance No. 23-005
Objective Standards - Amendments To Title 9
City Council Meeting | December 19, 2023

Urban Design Policy UD-P-1, “The City shall strive to accentuate activity and presence at the street level, particularly along pedestrian-oriented corridors and in residential areas.” Urban Design Policy UD-P-44, “Curb cuts shall be minimized to emphasize continuous, unbroken curb lengths.”
Urban Design Policy UD-P-46, “Ground floor uses should be emphasized to facilitate pedestrian use, with standards for building frontage, fenestration, and entries.”
b) That the proposed amendment is necessary for public health, safety, and general welfare or will be of benefit to the public;
The proposed amendments will benefit the public by helping streamline the approval of affordable residential projects and by providing clarity on development requirements for all those involved in the approval process including staff, decision makers (elected and appointed persons), community members, and applicants.
c) That the proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act; The Project has been reviewed in compliance with the requirements of CEQA. The amendments to the Planning Regulations are not a “project” pursuant CEQA Guidelines section 15378(b)(5) because the Regulations and Standards are organizational or administrative activities that will not result in direct or indirect physical changes in the environment; the amendments will simply install or amend design standards for future construction. Even if the amendments were considered to be a project, they would be exempt from environmental review pursuant to the “common sense exemption” at CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that their adoption alone would have a significant effect on the environment. Any future project that relied on the Planning Regulations would require its own CEQA review.
d) For a change to the Zoning Maps, that the subject property is suitable for the uses permitted in the proposed zone in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations, and that the proposed change of zoning district is not detrimental to the use of adjacent properties.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Ordinance No. 23-005
Objective Standards - Amendments To Title 9
City Council Meeting | December 19, 2023

There are no proposed changes to Zoning Maps.

SECTION THREE. AMENDING CHAPTERS 3, 4, 5, 7 AND 8 OF THE PLANNING REGULATIONS IN TITLE 9 OF THE EMERYVILLE MUNICIPAL CODE.

Chapters 3, 4, 5, 7 and 8 of the Planning Regulations in Title 9 of the Emeryville Municipal Code are hereby amended as set forth in Exhibit A of this Ordinance, which is hereby incorporated into this Ordinance by reference, with deletions shown in strikeout type and additions shown in double underline.

SECTION FOUR. CEQA DETERMINATION
The amendments to the Planning Regulations are not a “project” pursuant CEQA Guidelines section 15378(b)(5) because the Regulations and Standards are organizational or administrative activities that will not result in direct or indirect physical changes in the environment; the amendments will simply install or amend design standards for future construction. Even if the amendments were considered to be a project, they would be exempt from environmental review pursuant to the “common sense exemption” at CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that their adoption alone would have a significant effect on the environment. Any future project that relied on the Planning Regulations would require its own CEQA review.

SECTION FIVE. SEVERABILITY
The City Council hereby declares that every section, paragraph, clause and phrase of this Ordinance is severable. If, for any reason, any section, paragraph, clause and phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, clauses or phrases.

SECTION SIX. CODIFICATION
Section Three of this Ordinance shall be codified in the Emeryville Municipal Code as depicted in Exhibit A to this Ordinance. Sections One, Two, Four, Five, Six and Seven shall not be codified.

SECTION SEVEN. EFFECTIVE DATE AND POSTING
This Ordinance shall take effect 30 days following its final passage. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by Government Code Section 33693.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Ordinance No. 23-005
Objective Standards - Amendments To Title 9
City Council Meeting | December 19, 2023

This Ordinance was INTRODUCED AND FIRST READ by the City Council of the City of Emeryville at a regular meeting on Tuesday, November 21, 2023, and PASSED AND ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, December 19, 2023, by the following vote:

AYES: 5
Mayor Welch, Vice Mayor Mourra and Council Members Bauters, Kaur and Priforce
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY

ATTACHMENT
 Exhibit A – Amendments to Chapter 3, 4, 5, 7 and 8 of Title 9 DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
TITLE 9 PLANNING REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

TITLE 9

PLANNING REGULATIONS
Chapter 3 Zoning Districts
Chapter 4 Site Development Regulations
Chapter 5 Citywide Use and Development Regulations
Chapter 7 Administration and Permits
Chapter 8 Definitions
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 3. ZONING DISTRICTS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

CHAPTER 3.

ZONING DISTRICTS
Article 4. Overlay Zone Regulations
9-3.401 Purpose
9-3.402 NH North Hollis Overlay Zone
9-3.403 PA Park Avenue District Overlay Zone
9-3.404 NR Neighborhood Retail Overlay Zone
9-3.405 RR Regional Retail Overlay Zone
9-3.406 TH Transit Hub Overlay Zone
9-3.407 PP Pedestrian Priority Overlay Zone
Article 4. Overlay Zone Regulations
9-3.401 Purpose.

The purpose of this article is to establish use and development regulations and conditional use permit findings unique to each overlay zone. Use and development regulations in overlay zones supplement or, if so indicated, supersede the use and development regulations of the base zones with which they are combined.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) 9-3.402 NH North Hollis Overlay Zone.
(a) Zone Regulations.
(1) North Hollis Area Urban Design Program. The North Hollis Area Urban Design Program, including the Design Guidelines, adopted by Resolution No. 02-52 on April 16, 2002, shall apply to all properties and public rights-of-way in the NH North Hollis overlay zone. (2) Design Guidelines. All development proposals in the NH North Hollis overlay zone shall be subject to the Design Guidelines in the North Hollis Area Urban Design Program, as required by Section 9-7.406, in addition to the applicable provisions of the Emeryville Design Guidelines, as required by Article 4 of Chapter 7.
(b) Findings. There are no special findings in the NH overlay zone. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014) 9-3.403 PA Park Avenue District Overlay Zone.
(a) Zone Regulations.
(1) Park Avenue District Plan. The Park Avenue District Plan, including the goals, policies, street standards, and development and design guidelines, adopted by Resolution No. 06-157 on August 15, 2006, shall apply to all properties and public rights-of-way in the PA Park Avenue District overlay zone.
(2) Design Guidelines. All development proposals in the PA Park Avenue District overlay zone shall be subject to the Design Guidelines in the Park Avenue District Plan, as required by Section 9-

7.406, in addition to the applicable provisions of the Emeryville Design Guidelines, as required by Article 4 of Chapter 7.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 3. ZONING DISTRICTS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (b) Findings. There are no special findings in the PA overlay zone. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 4, Ord. 15-011, eff. Jan. 14, 2016)

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 3. ZONING DISTRICTS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Article 4. Overlay Zone Regulations
9-3.404 NR Neighborhood Retail Overlay Zone.
(a) Zone Regulations.
(1) Applicability. The following regulations apply to the ground-floor, within 50 feet of the front property line on the following street segments, which are depicted on Figure 9-3.103(a):
a. San Pablo Avenue
b. Adeline Street
c. Park Avenue
d. Hollis Street
e. Powell Street
f. 40th Street
g. MacArthur Boulevard
h. Emery Street
(12) Permitted Uses. Uses indicated as permitted in the NR Neighborhood Retail overlay zone in Section 9-3.202 are only permitted if they have all of the following characteristics:
a. Are local-serving.
b. Are located on the ground floor.
c. Have a gross floor area of five thousand (5,000) square feet or less. d. Have a pedestrian orientation with a main entrance facing the public sidewalk that will remain open to the general public during normal business hours. e. Do not include alcoholic beverage sales, except Restaurants. f. Do not include check cashing services.
g. Have hours of operation no earlier than 7:00 a.m. and no later than 11:00 p.m. h. Provide at least one (1) bicycle parking rack accommodating a total of at least two (2) bicycles on the sidewalk near the main entrance.
(23) Conditionally Permitted Uses. In addition to uses indicated as conditionally permitted in Section 9-3.202, any uses indicated as permitted but not having all of the characteristics listed in subsection (a)(1) of this section shall require a conditional use permit. (34) Offices, General are not allowed on the ground floor. (45) Off-Street Parking and Loading. Local-serving uses having a gross floor area of five thousand (5,000) square feet or less are exempt from the off-street parking and loading requirements stipulated in Article 4 of Chapter 4.
(56) Design Guidelines. All development proposals in the NR Neighborhood Retail overlay zone shall be subject to the applicable provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to the Neighborhood Retail overlay and neighborhood centers, as required by Article 4 of Chapter 7.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 3. ZONING DISTRICTS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (b) Findings. To grant a conditional use permit for a use that is conditionally permitted pursuant to Section 9-3.202 or subsection (a)(2) of this section, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:
(1) That the use will enhance the area’s role as a neighborhood center. (2) That the use will provide a pedestrian orientation, including consideration of a main entrance facing the public sidewalk that will remain open to the general public during normal business hours. (3) That the proposal will conform in all significant respects with any applicable area plan which has been adopted by the City Council.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) 9-3.405 RR Regional Retail Overlay Zone.
(a) Zone Regulations.
(1) Retail, Large Stores may occupy one hundred percent (100%) of the building area; provided, that they are regional-serving.
(2) Motor Vehicle Sales and Services, Service Station uses are only allowed where the RR zone is combined with the MUN zone.
(3) Design Guidelines. All development proposals in the RR Regional Retail overlay zone shall be subject to the applicable provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to the Regional Retail overlay, as required by Article 4 of Chapter 7. (b) Findings. To grant a conditional use permit for a use that is conditionally permitted pursuant to Section 9-3.202, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:
(1) That the use will enhance Emeryville’s role as a regional retail destination. (2) That the use will provide adequate access for all travel modes, including automobiles, pedestrians, bicycles, and public transit.
(3) That the proposal will conform in all significant respects with any applicable area plan which has been adopted by the City Council.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) 9-3.406 TH Transit Hub Overlay Zone.
(a) Zone Regulations.
(1) Parking Reduction. Maximum parking allowances shall be reduced to fifty percent (50%) of the allowances set forth in Article 4 of Chapter 4 of this title. (2) Design Guidelines. All development proposals in the TH Transit Hub overlay zone shall be subject to the applicable provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to Transit Hubs, as required by Article 4 of Chapter 7 of this title. (b) Findings. There are no special findings in the TH overlay zone.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 3. ZONING DISTRICTS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (Exh. A) (part), Ord. 20-005, eff. May 21, 2020)
9-3.407 PP Pedestrian Priority Overlay Zone.
(a) Zone Regulations.
(1) Design Guidelines. All development proposals in the PP Pedestrian Priority overlay zone shall be subject to the applicable provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to Pedestrian Priority zones, as required by Article 4 of Chapter 7. (b) Findings. There are no special findings in the PP overlay zone. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

CHAPTER 4.

SITE DEVELOPMENT REGULATIONS
Article 2. Building Intensity, Height and Residential Density 9-4.201 Building Intensity (Floor Area Ratio)
9-4.202 Height and Bulk
9-4.203 Residential Density
9-4.204 Development Bonuses
Article 3. Setbacks, Courts and Open Space
9-4.301 Setbacks
9-4.302 Courts
9-4.303 Open Space
Article 4. Parking and Loading
9-4.401 Purpose
9-4.402 Applicability
9-4.403 General Regulations and Standards
9-4.404 Calculation of Estimated Parking Demand
9-4.405 Shared Parking
9-4.406 Design Standards for Parking Lots and Structures 9-4.407 Alternative Compliance with Parking Provisions
9-4.408 Bicycle Parking
9-4.409 Loading
Article 5. Landscaping and Screening
9-4.501 Purpose
9-4.502 Applicability
9-4.503 General Provisions
9-4.504 Landscaping Requirements by Zoning District
9-4.505 Fences and Walls
9-4.506 Screening of Outdoor Storage (Principal Use) and Open Storage (Accessory Use) 9-4.507 Screening of Mechanical and Electrical Equipment 9-4.508 Utility Undergrounding.

Article 6. Water Use
9-4.601 Purpose and Applicability
9-4.602 Water Efficient and Bay Friendly Landscaping
9-4.603 Recycled Water
9-4.604 Water Reclaimed On Site
9-4.605 Definitions

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Article 7. Other Site Development Regulations
9-4.701 Minimum Lot Area and Width
9-4.702 Minimum Dwelling Unit Area
9-4.703 Pedestrian Access
9-4.704 Recycling and TrashDiscards Areas
9-4.705 Outdoor Lighting and Illumination
9-4.706 Residential Windows
9-4.707 Sustainability
9-4.708 Public Improvements
Article 8. Bird-safe Buildings
9-4.801 Purpose
9-4.802 Applicability
9-4.803 Bird-Safe Glazing Requirement
9-4.804 Alternative Compliance
9-4.805 Interior Lighting
9-4.806 Site Design

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Article 2. Building Intensity, Height and Residential Density 9-4.201 Building Intensity (Floor Area Ratio).
(a) Maximum Building Intensity (Floor Area Ratio). The maximum intensity of buildings, expressed as a maximum floor area ratio (FAR), shall be as prescribed on the General Plan Floor Area Ratio Map (General Plan Figure 2-3, entitled “Maximum Floor Area Ratios”), which is made a part of these regulations by this reference and is shown in Figure 9-4.201(a). The floor area ratio districts are delineated by numbers on this map and the corresponding limits for the maximum permitted FAR and bonus FAR that may be granted under Section 9-4.204 are as shown in Table 9-4.201(a):

Table 9-4.201(a):

Maximum Floor Area Ratio
Maximum Permitted Building
Intensity (FAR)
Map Designation Base Bonus

0.5/1.0 Up to 0.5 Up to 1.0

1.0 Up to 1.0 None

1.0/1.6 Up to 1.0 Up to 1.6

1.5/3.0 Up to 1.5 Up to 3.0

2.0/4.0 Up to 2.0 Up to 4.0

3.0/6.0 Up to 3.0 Up to 6.0
(b) Determining Floor Area Ratio. The floor area ratio (FAR) is the ratio of the floor area of all principal buildings on a lot to the lot area, rounded to the nearest tenth in accordance with Section 9-

1.203(b). Examples of floor area ratio are shown in Figure 9-4.201(b). Note that floor area, as defined in Chapter 8, does not include parking or loading areas.
(c) Interpretation of Floor Area Ratio Map. If a lot is in two (2) or more floor area ratio districts on the General Plan Floor Area Ratio Map, the floor area ratio indicated on the map shall apply to each portion of the lot, except that the floor area ratio for the entire lot may be increased up to the maximum floor area ratio applicable to any portion of the lot upon the granting of a conditional use permit pursuant to Article 5 of Chapter 7. Such a conditional use permit may be granted only if both of the following conditions are met:
(1) At least fifty percent (50%) of the lot area is already covered by the district with the maximum floor area ratio; and
(2) The entire lot could be included in said district by shifting the floor area ratio district boundary by not more than fifty feet (50') as measured perpendicularly to said boundary at any point.

If subsections (c)(1) and (2) of this section do not apply, the maximum permissible floor area for the lot shall be calculated based on the floor area ratios that apply to each portion of the lot. However, the resulting floor area may be located anywhere on the lot, subject to applicable height limits, setbacks, and any other dimensional requirements for each portion of the lot.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Figure 9-4.201(a): Maximum Floor Area Ratios.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Figure 9-4.201(b): Examples of Floor Area Ratio.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 4 (part), Ord. 15-009, eff. Dec. 3, 2015; Sec. 4 (part), Ord. 18-005, eff. Dec. 13, 2018)
9-4.202 Height and Bulk.
(a) (a) Maximum Height.
(1) The maximum height of buildings and structures shall be as prescribed on the General Plan Height Map (General Plan Figure 2-4, entitled “Maximum Building Heights”), which is made a part of these regulations by this reference and is shown in Figure 9-4.202(a). The height districts are delineated on this map and the corresponding limits for the maximum permitted height and bonus height that may be granted under Section 9-4.204 are as shown in Table 9-4.202(a):

Table 9-4.202(a): Maximum Height
Maximum Permitted
Height (Feet)
Map Designation Base Bonus
30 Up to 30 None
30/55 Up to 30 Up to 55
40/75 Up to 40 Up to 75
50/100 Up to 50 Up to 100
75/100+ Up to 75 75 to over
100
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Figure 9-4.202(a): Maximum Building Heights.
(2) Office/R&D Ground Floor Height. For Office and Research and Development uses, the floor-toceiling height of the first floor shall be a minimum 14 feet, to enable flexibility for non-office use.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (b) Measuring Height.
(1) Buildings. Building height is measured from the average level of the highest and lowest points of finished grade surrounding the building to the highest point of the roof, not including parapets.

The height of a stepped or terraced building is the maximum height of any segment of the building. (2) Other Structures. The height of other structures is the vertical distance from the average ground level immediately under the structure to the top of the structure, with the following special provisions for fences and decks, as illustrated in Figure 9-4.202(b):
a. Fences on Retaining Walls. The height of a fence that is on top of a retaining wall is measured from the ground level on the highest side of the fence and wall. See also Section 9-

4.505(c).
b. Decks and Balconies. Deck and balcony height is determined by measuring from the ground adjacent to the building to which the deck or balcony is attached to the top of the floor of the deck or balcony.

Figure 9-4.202(b): Measuring Height of Decks, Balconies, and Fences. (c) Allowed Projections above Top of Building.
(1) Allowed Projections. The height limits for the various height districts do not apply to spires, belfries, cupolas, domes, or other architectural projections not used for human habitation, nor to chimneys, ventilators, skylights, parapet walls, cornices, solar energy systems, mechanical equipment, or other appurtenances usually located on the roof level; provided, that such features are limited to the height necessary for their proper functioning. (2) Height of Projections. Except for parapet walls, such features may project up to fifteen feet (15') above the roof of the building in the thirty-foot (30') height district, and up to twenty-five feet (25') above the roof of the building in all other height districts. Parapet walls may extend up to three feet DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (3') above the roof of the building in the thirty-foot (30') height district, and up to five feet (5') above the roof of the building in all other height districts. (3) Coverage of Projections. Except as provided in subsection (c)(4) of this section, all of the above mentioned features which project more than five feet (5') above the roof of the building shall be limited to a maximum aggregate coverage of ten percent (10%) of the building’s horizontal roof area.

For projections of five feet (5') or less, including parapet walls, there is no limitation on coverage.

Rooftop equipment shall be set back from the edge of the roof to the maximum extent feasible, and at least five (5) feet), to minimize visibility from below and shall be screened as required by Section 9-

4.507. Architectural features that are intended to be visible, such as towers, spires, or similar projections, need not be set back from the edge of the roof or screened. (4) Mechanical Penthouses. Allowed projections that are completely enclosed in a mechanical penthouse shall be limited to a maximum aggregate coverage of twenty percent (20%) of the building’s horizontal roof area. Such penthouses shall utilize the same colors, materials, and proportions as be compatible with the architectural design of the building; shall be completely roofed except for cooling towers and any other equipment that cannot properly function if roofed; and are eligible for development bonuses pursuant to item (17) in Table 9-4.204(c). (5) Exceeding Height and Coverage Limits. The limits listed in this section, related to both projection height and horizontal area coverage, may be exceeded upon the granting of a minor conditional use permit pursuant to Article 5 of Chapter 7. (6) Solar Panels. The limitations set forth in this section do not apply to solar panels. (d) Interpretation of Height Map. If a lot is in two (2) or more height districts on the General Plan Height Map, the height limit indicated on the map shall apply to each portion of the lot, except that the height limit for the entire lot may be increased up to the maximum height limit applicable to any portion of the lot upon the granting of a conditional use permit pursuant to Article 5 of Chapter 7. Such a conditional use permit may be granted only if both of the following conditions are met:
(1) At least fifty percent (50%) of the lot area is already covered by the district with the maximum height limit; and
(2) The entire lot could be included in said district by shifting the height district boundary by not more than fifty feet (50') as measured perpendicularly to said boundary at any point.

If subsections (d)(1) and (2) of this section do not apply, the maximum height for each portion of the lot shall be as indicated on the General Plan Height Map; provided, that the height limit shall step down from higher height limits to lower height limits as required by subsection (e) of this section. (e) Height Limits Adjacent to Lower Height Districts. Where a height district abuts a lower height district, the maximum permitted height shall step down at a forty-five (45) degree angle, as measured perpendicular to the boundary between the height districts, to the bonus height of the adjacent height district at the height district boundary, or, if the adjacent height district has no bonus height, to the base height of the adjacent height district at the height district boundary, as illustrated in Figure 9-4.202(e).

This regulation does not apply where different height districts are on opposite sides of a public street or railroad right-of-way, nor in the one hundred plus (100+) height district, which has no absolute bonus height.

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CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Figure 9-4.202(e): Examples of Height Limits Adjacent to Lower Height Districts. (f) Building Bulk. All development proposals are subject to design review pursuant to the design review procedures in Article 4 of Chapter 7, including the provisions of the Emeryville Design Guidelines pertaining to building massing. New construction of multi-unit residential developments are also required to meet the following standards, as applicable:
(1) Vertical Articulation: For buildings 5 stories or more, incorporate a base, middle, and top. The base is the first one to three floors and is differentiated by entries and building orientation toward the street. The top is the uppermost one to three floors of the building. The middle includes the floors above the base and below the top. The base, middle, and top shall each incorporate at least one of the following techniques, as shown in Figure 9-4.202(f)(1):
i. Change in materials
ii. Change in color
iii. Cornice
iv. Change in fenestration pattern
v. Change in façade modulation (minimum 1-foot change in building plane, recess or projection, that changes the shape of the exterior massing of the building; façade modulation may include balconies and bays)
vi. A horizontal design feature, such as a band, relief, awning, or projection, between the base and middle
vii. Setting back the top floor or floors of the building at least 5 feet from the base and/or middle building plane
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CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Figure 9-4.202(f)(1): Vertical Articulation Examples.
(2) Horizontal Articulation: Building elevations over 50 feet wide, shall include a change of vertical plane of at least 2 feet in depth and 4 feet in width at least every 50 horizontal feet. For buildings 5 stories or more horizontal articulation is only required to the middle portion of the building as defined in Subsection 9-4.202(f)(1), but may include the base and/or top. For buildings less than 5 stories horizontal articulation must span the elevation above the first floor.

This massing break can be achieved through a recess (which may contain a recessed balcony), projection, or other change in building plane, as shown in Figure 9-4.202(f)(2)(ii).

Figure 9-4.202(f)(2)(ii): Massing Breaks on Building Elevations Over 150 Feet Wide. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 4 (part), Ord. 15-009, eff. Dec. 3, 2015; Sec. 4 (part), Ord. 18-005, eff. Dec. 13, 2018; Sec. 3 (part), Ord. 19-009, eff. Aug. 22, 2019) DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. 9-4.203 Residential Density.
(a) Maximum Residential Density. The maximum density of residential uses, expressed as units per acre, shall be as prescribed on the General Plan Residential Density Map (General Plan Figure 2-6, entitled “Maximum Residential Densities”), which is made a part of these regulations by this reference and is shown in Figure 9-4.203(a). The residential density districts are delineated by numbers on this map and the corresponding limits for the maximum permitted residential density and bonus residential density that may be granted under Section 9-4.204 are as shown in Table 9-4.203(a):

Table 9-4.203(a): Maximum Residential Density
Maximum Permitted Residential
Density (Units per Acre)
Map Designation Base Bonus
20/35 Up to 20 Up to 35
35/60 Up to 35 Up to 60
50/100 Up to 50 Up to 100
70/135 Up to 70 Up to 135
85/170 Up to 85 Up to 170
(b) Determining Residential Density. The residential density is the ratio of the number of dwelling units on a lot to the lot area in acres, rounded to the nearest whole number in accordance with Section 9-

1.203(a). (One (1) acre equals forty-three thousand five hundred sixty (43,560) square feet.) (c) Interpretation of Residential Density Map. If a lot is in two (2) or more residential density districts on the General Plan Residential Density Map, the residential density indicated on the map shall apply to each portion of the lot, except that the residential density for the entire lot may be increased up to the maximum residential density applicable to any portion of the lot upon the granting of a conditional use permit pursuant to Article 5 of Chapter 7. Such a conditional use permit may be granted only if both of the following conditions are met:
(1) At least fifty percent (50%) of the lot area is already covered by the district with the maximum residential density; and
(2) The entire lot could be included in said district by shifting the residential density district boundary by not more than fifty feet (50') as measured perpendicularly to said boundary at any point.

If subsections (c)(1) and (2) of this section do not apply, the maximum permissible residential density for the lot shall be calculated based on the residential densities that apply to each portion of the lot. However, the resulting dwelling units may be located anywhere on the lot, subject to applicable height limits, setbacks, and any other dimensional requirements for each portion of the lot.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Figure 9-4.203(a): Maximum Residential Densities.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 4 (part), Ord. 15-009, eff. Dec. 3, 2015; Sec. 4 (part), Ord. 18-005, eff. Dec. 13, 2018)
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. 9-4.204 Development Bonuses.
(a) State Density Bonus Not Available. If a developer chooses to request development bonuses pursuant to the provisions of this section, density bonuses pursuant to the State density bonus requirements in Article 5 of Chapter 5 are not available.
(b) Procedure. Bonus floor area ratio, height, and/or residential density, as specified in this article, may be permitted upon the granting of a conditional use permit pursuant to Article 5 of Chapter 7 and the additional findings required by subsection (f) of this section. Projects seeking bonus points for the flexible community benefit pursuant to item (7) in Table 9-4.204(e) shall require approval of a conditional use permit by the City Council upon a recommendation of the Planning Commission. For planned unit developments, development bonuses shall comply with the requirements of this section, but shall not require a conditional use permit and shall be considered as part of the PUD approval process pursuant to Article 10 of Chapter 7.
(1) RM Medium Density Residential Zone.
a. Multi-unit residential projects of ten (10) units or more must provide affordable units and community benefits as specified in this section. The findings in subsections (f)(1) and (2) of this section must be made.
b. For all other projects, community benefits are not required. The findings in subsection (f)(1) of this section must be made.
(2) In all other zones affordable housing and other community benefits as specified in this section must be provided sufficient to earn the number of points required for the bonus amount requested, pursuant to subsections (c), (d) and (e) of this section. The findings in subsection (f)(2) of this section must be made.
(3) For bonus height over one hundred feet (100'), affordable housing and other community benefits as specified in this section must be provided sufficient to earn at least one hundred (100) points pursuant to subsections (d) and (e) of this section. The findings in subsections (f)(2) and (3) of this section must be made.

To qualify for a bonus, a community benefit must be significant and clearly beyond what would otherwise be required for the project under applicable code provisions, conditions of approval, and/or environmental review mitigation measures.
(c) Determination of Bonuses. Bonus floor area ratio, height, and/or residential density shall be calculated in accordance with the following procedures. (1) Points Required. The number of bonus points required, up to a maximum of one hundred (100), is calculated according to the following formula:

Bonus Requested X 100 = Points Required
Bonus Increment
Variables used in bonus point calculation:
a. Bonus Requested. The amount of FAR, height, or residential density requested for the project above the base level as specified in Tables 9-4.201(a), 9-4.202(a) and 9-4.203(a), respectively.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. b. Bonus Increment. The difference between the maximum bonus amount and the maximum base amount for FAR, height, and residential density as specified in Tables 9-4.201(a), 9-

4.202(a), and 9-4.203(a), respectively.
(2) Points Count Toward All Bonuses. The points awarded for the provision of affordable housing and other community benefits pursuant to subsections (d) and (e) of this section may be counted towards FAR, height, and residential density. It is not necessary to earn separate points for each of these bonuses.
(3) Height over One Hundred Feet (100'). To qualify for bonus height over one hundred feet (100') in the seventy-five/one hundred plus (75/100+) height district, affordable housing and other community benefits worth at least one hundred (100) points must be provided pursuant to subsections (d) and (e) of this section.
(4) Modifications.
a. Prior to Issuance of Building Permit. No community benefit for which a bonus has been granted may be eliminated or reduced in size without the approval of the Planning Commission or City Council, whichever approved the project. To grant such approval, the Commission or Council must find that there is a corresponding reduction in intensity, height, and/or density, a substitution of an equivalent community benefit, or a combination of the two. b. Prior to Issuance of Certificate of Occupancy. Before a certificate of occupancy is issued for a project, the applicant shall certify to the Director that the bonus points upon which the project’s floor area ratio, height, and/or residential density were based have, in fact, been achieved. If the number of bonus points achieved by the completed project is less than required, the applicant shall contribute one-tenth of one percent (0.1%) of construction valuation per point of shortfall to the Citywide Parks Fund. Such contribution shall be made before a certificate of occupancy is issued.
(d) Affordable Housing. No fewer than half of the bonus points required for the project, as calculated pursuant to subsection (c)(1) of this section, up to fifty (50) points, shall be earned through the provision of affordable housing as specified below. If half of the bonus points required for the project is not a multiple of five (5), it shall be rounded up to the next multiple of five (5) for the purposes of the provision of affordable housing.
(1) Residential Projects. Multi-unit residential developments of ten (10) units or more shall provide affordable units in the development in accordance with the applicable requirements of Article 4 of Chapter 5. The number of bonus points awarded shall be determined for providing affordable units at various income levels in accordance with Table 9-4.204(d)(1) below.

Table 9-4.204(d)(1): Bonus Points for Affordable Units in Project Bonus Points
Awarded
Rental Projects Ownership
Projects
TOTAL Very Low Income Low Income Moderate Income Moderate Income 5 12.5% 2.8% 4.3% 5.3% 20.5%
10 13.0% 2.9% 4.5% 5.5% 21.0%
15 13.5% 3.1% 4.7% 5.8% 21.5%
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Bonus Points
Awarded
Rental Projects Ownership
Projects
TOTAL Very Low Income Low Income Moderate Income Moderate Income 20 14.0% 3.2% 4.9% 6.0% 22.0%
25 14.5% 3.3% 5.0% 6.2% 22.5%
30 15.0% 3.4% 5.2% 6.4% 23.0%
35 15.5% 3.5% 5.4% 6.6% 23.5%
40 16.0% 3.6% 5.6% 6.8% 24.0%
45 16.5% 3.7% 5.7% 7.0% 24.5%
50 17.0% 3.9% 5.9% 7.2% 25.0%
(2) Nonresidential Projects. Nonresidential developments shall pay an additional affordable housing impact fee in accordance with Table 9-4.204(d)(2) below. The increase shall be based on the applicable fee in effect when the fee is due. For use types that are normally exempt from the affordable housing impact fee, the increased fee shall be based on the fee for nonexempt uses.

Table 9-4.204(d)(2): Bonus Points for Nonresidential Uses Bonus Points Awarded Additional Fee
5 10%
10 20%
15 30%
20 40%
25 50%
30 60%
35 70%
40 80%
45 90%
50 100%
For example, if the current fee for nonexempt uses were four dollars ($4.00) per square foot, to earn thirty (30) points, an additional fee of two dollars and forty cents ($2.40) per square foot would be required (sixty percent (60%) of four dollars ($4.00)) for a total of six dollars and forty cents ($6.40) per square foot. A use type that is normally exempt from the affordable housing impact fee would not pay the base fee of four dollars ($4.00) per square foot, but would pay the fee increase of two dollars and forty cents ($2.40) per square foot.
(e) Community Benefits. No more than half of the bonus points required for the project, as calculated pursuant to subsection (c)(1) of this section, may be earned through the provision of community benefits.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

The maximum number of points that may be awarded for each community benefit, the calculation method, and other requirements are as shown in Table 9-4.204(e):

Table 9-4.204(e): Community Benefits and Bonus Points
Community Benefit Maximum
Points Point Calculation Requirements
(1) Public Open
Space
50 15% of site area or 2,000 square feet,
whichever is greater: 50 points
Must be in addition to what is required
by Article 3 of this chapter. Design
must comply with applicable provisions
of the Emeryville Design Guidelines
and be approved as part of design
review for the project. Open space must
be accessible to the general public at all
times. Provision must be made for
ongoing operation and maintenance in
perpetuity.
10% of site area or 1,500 square feet,
whichever is greater: 35 points
5% of site area or 1,000 square feet,
whichever is greater: 20 points
Contribution to Citywide Parks Fund:
10 points for every 1% of project
construction valuation up to 50 points
Contribution must be made prior to
issuance of building permit.
(2) Zero Net
Energy
50 100% of energy load (zero net energy):
50 points
Percent of total building energy load
measured as kilowatt per square foot
provided by solar panels, wind turbines,
or other renewable sources.
(3) Public
Improvements
50 10 points for every 1% of project
construction valuation up to 50 points
Does not include improvements along
project frontage that are normally
required. Examples include curb, gutter,
and sidewalk; pedestrian and bicycle
paths; sanitary and storm sewers; and
street trees, beyond what would
normally be required.
(4) Utility
Undergrounding
50 Contribution to Citywide Underground
Utility Fund: 10 points for every 1% of
project construction valuation up to 50
points
Does not include utility undergrounding
that is normally required.
(5) Additional
FamilyFriendly Units
50 5 points for each additional 5% of total
units that have 2 or more bedrooms, of
which at least 1.5% of total units must
have 3 or more bedrooms
2- and 3-bedroom units are in addition
to those required by Section 9-5.2003,
and must comply with the applicable
provisions of the Emeryville Design
Guidelines pertaining to Family
Friendly family-friendly residential unit
design.
(6) Small
Businesses
50 Contribution to Citywide Fund to
Support Small Local-Serving
Businesses: 10 points for every 1% of
project construction valuation up to 50
points
Contribution must be made prior to
issuance of building permit.
(7) Mass Timber
Construction
50 Decking: 4 points per 10% of total deck
area constructed with mass timber,
including roof but not including slab on
grade
Framing: 1 point per 10% of total
internal floor area constructed with
mass timber
Mass timber construction of buildings
85 feet in height or taller, defined as
“structural elements made primarily
from built-up, panelized or engineered
wood products. Products covered by
this definition include, but are not
limited to, glue-laminated timber, crosslaminated timber, nail-laminated timber, dowel-laminated timber, and
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Community Benefit Maximum
Points Point Calculation Requirements
Concrete topping: 10 points deducted
per 0.5 inches of Portland cement-based
concrete topping on mass timber deck
mass plywood. Heavy timber is
allowable only if salvaged.”
Calculations based on total internal
floor area, excluding parking and
loading areas. Concrete and other
cement-based products used as topping
over the mass timber deck are only
subject to the point deduction if they
contain more than 260 pcy of cement.

The deduction for products with more
than 260 pcy of cement may only be
adjusted if a product-specific
environmental product declaration that
shows a global warming potential of
less than 313 kg CO2e/m3.
(8) Design
Convertible
Parking Garage
for Adaptive
Reuse
50 5 points for every 1% of project
construction valuation up to 50 points
Submit plan for proposed garage and
renderings of potential future
configurations for housing, office, or
other habitable uses. The plan for
potential adaptive reuse can include full
or partial conversion of the garage.

To obtain bonus points the design shall
include (1) to (3) or (4):
(1) Level stories and vehicle only
ramps, without ramped parking.
(2) A minimum of 9-foot floor to finish
ceiling height.
(3) Larger Live and Deadload loading
requirements for non-vehicle uses as
well as floor flattening systems.
(4) Seismically separated sections
which make it feasible to demolish
portions of the existing building to
allow for construction of another type
of facility.

Ground floor only conversions do not
qualify for bonus points.
(89) Flexible
Community
Benefit
50 The City Council shall determine the
number of points to grant for the
proposed community benefit based on
10 points for every 1% of project
construction valuation
Currently undefined community benefit
proposed by the applicant that is
significant and substantially beyond
normal requirements. An example
would be universal design features
beyond those required by applicable
building codes.
(f) Findings. To grant a conditional use permit for bonus floor area ratio, height, or residential density, as prescribed in this article, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:
(1) In the RM Medium Density Residential zone:
a. That the proposed project is compatible with the surrounding neighborhood with regard to building scale, form, and materials, and street orientation.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. b. That the proposed project has been designed to minimize the appearance from the street of driveways, parking spaces, maneuvering aisles, and garage doors as much as possible given the size and shape of the lot, and that at least seventy percent (70%) of the street frontage is devoted to active nonparking related uses, except that a driveway of up to ten feet (10') in width shall be allowed.
(2) In all other zones:
a. That the proposed project will provide community benefits sufficient to earn the number of points required for the bonus amount requested, pursuant to subsections (c), (d) and (e) of this section.
b. That the proposed community benefits for the project are significant and clearly beyond what would otherwise be required for the project under applicable code provisions, conditions of approval, and/or environmental review mitigation measures. c. That the proposed community benefits for the project are acceptable and appropriate in this case, and will provide tangible benefits to the community. (3) Bonus height over one hundred feet (100'):
a. That the proposed project will provide community benefits sufficient to earn at least one hundred (100) points pursuant to subsections (d) (and (e) of this section. b. That the proposed project will minimize impacts on public views, wind, and shadows at the street level.
c. That the proposed project will be adequately separated from other buildings over one hundred feet (100') tall, with consideration given to solar access. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 4 (part), Ord. 15-009, eff. Dec. 3, 2015; Sec. 3 (part), Ord. 19-009, eff. Aug. 22, 2019; Sec. 3, Ord. 22- 005, eff. Aug. 18, 2022)

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Article 3. Setbacks, Courts and Open Space
9-4.301 Setbacks.
(a) Minimum Setbacks. The minimum setbacks of buildings from lot lines shall be as prescribed in Table 9-4-301(a).

Table 9-4.301(a): Minimum Setbacks
Minimum Setback:

Residential Zones: All Other Zones:

RH High Density
Residential and
RMH MediumHigh Density
Residential
RM Medium
Density
Residential
Abutting a Lot in a Residential
Zone
Not Abutting a
Lot in a
Residential
Zone
Front
If the 2
adjacent
lots are
developed:1
Average of front setbacks on the
adjacent lots.

Where street frontage abuts a lot in a
residential zone, setback from street
line shall be the same as required on
the adjacent residential lot.21
None.

If only 1 of
the
adjacent
lots is
developed:1
Same as front
setback on
developed lot but
not less than 5 feet.

Same as front
setback on
developed lot
but not less
than 10 feet.

If neither
of the
adjacent
lots is
developed:
5 feet 10 feet
Corner lot,
whether or
not
adjacent
lots are
developed:
5 feet 10 feet
Street Side 3 feet
Interior Side 3 feet
3 feet, plus for any portion of the
building over 30 feet in height, an
additional 12 fooeet for each 21
feeoot by which the height of the
building on the nonresidential lot
exceeds 30 feet. See Figure 9-

4.301(a)
None.

Rear 15 feet
10 feet, plus for any portion of the
building over 30 feet in height, an
additional 12 feet for each 31 foot by
which the height of the building on
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Minimum Setback:

Residential Zones: All Other Zones:

RH High Density
Residential and
RMH MediumHigh Density
Residential
RM Medium
Density
Residential
Abutting a Lot in a Residential
Zone
Not Abutting a
Lot in a
Residential
Zone
the nonresidential lot exceeds 30
feet. See Figure 9-4.301(a)
Notes:

1. Detached garages and accessory buildings shall not be considered in determining existing front setbacks.

21. Where a lot has frontage on two (2) streets, and both such frontages are adjacent to property in a residential zone, the setback from the street line on each frontage shall be the same as required on the adjacent residential lot.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Figure 9-4.301(a): Interior Side and Rear Setbacks Abutting a Lot in a Residential Zone DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (b) Determination of Minimum Setbacks and Required Yards. Minimum setbacks and required yards shall be determined in accordance with the following definitions:
(1) Setbacks and yards are as defined below and illustrated in Figure 9-4.301(b)(1):
a. Lot Line. Any boundary of a lot, as further defined in Chapter 8. b. Minimum Setback. The minimum setback distance prescribed in Table 9-4.301(a). c. Setback Line. A line in the interior of a lot parallel to the lot line at a distance from the lot line equal to the minimum setback.
d. Required Yard. The area between the lot line and the setback line.

Figure 9-4.301(b)(1): Setbacks and Yards.
(2) Front, rear, and side lot lines are as defined below and illustrated in Figure 9-4.301(b)(2):
a. Front. The lot line abutting a public street, with the following caveats:
i. Through Lot. A through lot that extends across a block has two (2) front lot lines, one (1) on each abutting street, and no rear lot line.
ii. Corner Lot. The front lot line shall be the shortest of the lot lines fronting a public street.

Other lot lines fronting public streets shall be street side lot lines. Applicants of new development projects may request an alternate interpretation by the Director. The front lot line of a corner lot shall be determined based on the development patterns of the lot and adjacent lots, and on the characteristics of the abutting streets. Where no Planning Commission or City Council approval is required, the Director shall determine the front lot line; Tthe Director’s determination interpretation may be appealed to the Planning Commission in accordance with the appeal procedures in Article 14 of Chapter 7. Where Planning Commission or City Council approval is required, the Commission or Council, as the case may be, shall determine the front lot line based on a recommendation from the Director.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. b. Rear. The lot line most distant from and most closely parallel to the front lot line. c. Side. A lot line that is neither front nor rear, as follows:
i. Interior Side. A side lot line that does not abut a street. ii. Street Side. A side lot line that abuts a street.

A corner lot has an interior side lot line and a street side lot line. A noncornernon-corner lot has two (2) interior side lot lines.

Figure 9-4.301(b)(2): Front, Side, and Rear Lot Lines.
(3) Required Yards. Required front, rear, and side yards are as defined below and illustrated in Figure 9-4.301(b)(3):
a. Front Yard, Required. The area bounded by the front lot line, side lot lines, and front setback line.
b. Rear Yard, Required. The area bounded by the rear lot line, side lot lines, and rear setback line.
c. Side Yard, Required. The area bounded by the side lot line, side setback line, and front and rear setback lines. Note that a required side yard does not extend to the front or rear lot lines, and does not overlap the required front or rear yards. A required side yard may be either street side or interior side.
(c) Openness of Required Yards. All required yards shall have pervious surfaces and shall be open and unobstructed from the ground to the sky, except as provided in subsections (d) and (e) of this section.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Figure 9-4.301(b)(3): Required Yards.
(d) Features Allowed in Required Yards without Restriction. The following features are allowed anywhere in any required yard without restriction:
(1) Plant material including trees, shrubs, vines, hedges, and ground cover. (2) Uncovered landscape features such as paths, benches, patios, flagpoles, sculptures and similar decorative features.
(3) Trellises and arbors to support vines and planting. (4) Retaining walls, berms, earthen mounds, embankments, and other fill. (5) Irrigation, drainage, and lighting systems.
(6) Utility poles, wires, and pipes.
(7) Stormwater treatment features required by Chapter 13 of Title 6. (8) Disabled access features, including, but not limited to, ramps and mechanical lifts, if such features are in compliance with applicable requirements of the California Building Code and/or Americans with Disabilities Act.
(9) Entry features such as gates, arbors, and similar entry features not exceeding eight feet (8') in height, ten feet (10') in width, and six feet (6') in depth. (10) Play structures, clotheslines, and compost bins.
(11) Short-term bicycle parking
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (e) Features Allowed in Required Yards with Restrictions. Certain features are allowed in required yards with restrictions as indicated in Table 9-4.301(e). The restrictions imposed by this subsection may be modified, and additional features my be allowed in required yards, upon the granting of a minor conditional usean exception to standards permit pursuant to Article 85 of Chapter 7.

Table 9-4.301(e): Features Allowed in Required Yards With Restrictions Feature
Distances That Features May Extend over Setback Line into Required Yard
Front Setback Street Side
Setback
Interior Side
Setback Rear Setback
(1) Eaves; awnings,
louvers, and
similar shading
devices; sills,
cornices, and
chimneys; and
similar
architectural
projections from
a building.
3 feet 2 feet 2 feet 4 feet
(2) Patio roofs and
similar
structures if
such structures
do not exceed
12 feet in height
and if each has
open, unwalled
sides along not
less than 50% of
its perimeter.
4 feet 2 feet 2 feet No restriction.
(3) Breezeways and
similar roofed
passageways if
they do not
exceed 12 feet
in height and 8
feet in width
and are not
enclosed on the
sides.
4 feet 2 feet 2 feet No restriction.
(4) Bay windows, if
the aggregate
width of bay
windows on any
3 feet, but not to within 5 feet of
the front lot line for a Single Unit
or Two (2) Unit Dwelling.

Not allowed. 5 feet
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Feature
Distances That Features May Extend over Setback Line into Required Yard
Front Setback Street Side
Setback
Interior Side
Setback Rear Setback
1 story does not
exceed 50% of
the length of the
wall containing
them, no
individual bay
window exceeds
15 feet in width,
and all such
windows are
cantilevered
only.
(5) Uncovered
balconies or
decks, including
access stairs or
ramps to
balconies,
decks, or doors.
6 feet, but not to
within 5 feet of
the front lot line
for a Single
Unit or Two (2)
Unit dwelling.
2 feet 2 feet 6 feet. No
restriction for
decks no higher
than 30 inches
from the
ground.
(6) Exterior access
facilities leading
to the second or
higher story of a
building,
including open
or enclosed fire
escapes and
open, unroofed
outside
stairways, and
landings.
4 feet 2 feet Not allowed. 6 feet
(7) Covered
porches,
including access
stairs and
ramps.
8 feet, but not to
within 3 feet of
the front lot line
for a Single
Unit or Two (2)
Unit dwelling.
2 feet 2 feet Allowed
anywhere, but
not to within 5
feet of the rear
lot line.
(8) Air
conditioners,
compressors,
hot tub motors,
and similar
devices if
Not allowed. Any distance,
but not to within
5 feet of the rear
lot line.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Feature
Distances That Features May Extend over Setback Line into Required Yard
Front Setback Street Side
Setback
Interior Side
Setback Rear Setback
emitting noise
readily
noticeable by
the average
person at or
beyond the lot
line, whether or
not the devices
are attached to a
building.
(9) Play structures,
clotheslines,
compost bins.

Not allowed. No restriction.
(109) Detached or
attached
garages,
carports, sheds,
trash and
recycling
enclosures, and
other accessory
structures no
more than 10
feet in height
and with no
habitable space.

Not allowed. Allowed
anywhere;
provided, that
the horizontal
dimension
parallel to the
lot line is no
more than 20
feet.

Allowed
anywhere;
provided, that
the horizontal
dimension
parallel to the
lot line is no
more than 20
feet, but not to
within 3 feet of
a street side lot
line.
(1110) Covered,
underground or
partially
excavated
structures
including, but
not limited to,
garages, wine
cellars, and
basements.

Allowed anywhere; provided, that the surfaces of such structures are landscaped or developed as patios or terraces and do not extend more than 30 inches above finished grade.
(1211) Fences and
walls.

Allowed anywhere, subject to the requirements of Section 9-4.505. (13) Short-term
bicycle parking.

Allowed anywhere, subject to the requirements of Section 9-

4.408(e)(2).
(1412) Signs. Allowed anywhere, subject to the requirements of Article 16 of Chapter 5.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Feature
Distances That Features May Extend over Setback Line into Required Yard
Front Setback Street Side
Setback
Interior Side
Setback Rear Setback
(1513) Radio or
television
antennas,
including
dishes.

Not allowed. Allowed anywhere but not to within 1 foot of the lot line, and subject to the requirements of Article
17 of Chapter 5.
(16) Accessory
dwelling units.

Not allowed. Up to 5 feet
from the rear lot
line, and 3 feet
from the side lot
lines, subject to
the dimensional
requirements of
Section 9-

5.1408.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017)
9-4.302 Courts.

Where provided, cCourts shall be provided between facing exterior walls of multi-unit residential buildings with ten (10) units or more on the same lot shall be designed in accordance with the requirements of this section. See Figure 9-4.302 for a general illustration. (a) Opposite Living Room Windows. The minimum width of a court opposite a living room window shall equal the height of the opposite wall, but need not exceed fifty feet (50'), and shall not be less than twenty feet (20') if there is a required window of a habitable room, as defined in the Building Code, in the opposite wall.
(b) Opposite Other Habitable RoomsCourt Width. The minimum width of a court opposite a window of a habitable room other than a living room shall equal the height of the opposite wall, but need not exceed fifty feet (50'), and shall not be less than fourteen feet (14').) if there is a required window of a habitable room other than a living room in the opposite wall.
(c) Dimensions of Courts. Required courts shall extend horizontally ten feet (10') in direction from the centerline of a required window, and shall extend upward from the lowest floor level of the exterior wall containing the window.
(d) Design. Courts shall be designed to provide adequate light and air to the adjacent residential units.

To the maximum extent feasible, courts shall be landscaped and designed to provide amenities for residents such as patios, play areas, barbeques, and swimming pools, and may be counted towards the private and common open space requirements of Section 9-4.303.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Figure 9-4.302: Courts.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017)

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. 9-4.303 Open Space.

There are four types of open space:
 private open space,
 common open space,
 privately owned public open space (POPOS), and
 public parks.

See Section 9-8.215: Definitions for open space descriptions. (a) Open Space Requirements for all types of open space. (1) Purpose. These requirements are intended to provide high quality open spaces for active and passive recreation. They establish minimum standards for the amount and type of open spaces required, the size of such spaces, and provisions for security and privacy. (2) Multi-Unit Residential and Live/Work Uses.
a. Applicability and General Standards. A minimum of sixty (60) square feet of required open space shall be provided per dwelling or Live/Work Unit, consisting of forty (40) square feet of private open space and twenty (20) square feet of common open space, except as stipulated below.
i. To the maximum extent feasible, each unit shall be provided with a private open space. ii. Where infeasible to provide private open space, common open space may be substituted for private open space at the ratio of two to one (2:1) (i.e., eighty (80) square feet of common open space may substitute for forty (40) square feet of required private open space). b. Driveways, Loading, and Service Areas. Required open spaces may not be located in driveways, loading, and service areas, except in projects of ten (10) units or less, and as permitted by a minor conditional use permit with the following provisions:
i. Driveways may constitute up to fifty percent (50%) of the total common required open space for a given project.
ii. A minor conditional use permit shall only be granted with the finding that the driveway was designed in such a way that is usable and pleasant, and minimizes conflict with parked vehicles.
iii. Suggested surface treatments include unit pavers, supported turf, and painted play courts.
iv. Vehicular access shall not infringe upon residents’ use of the open space. The driveway must be clearly designed as common open space and include adequate traffic calming measures.
v. No surface parking may be placed within fifteen feet (15') of the edge of a play court. c. Projects Subject to Parkland Dedication in Subdivision Ordinance. Park land dedicated and improved consistent with Subdivision Chapter 9-6.605(d) Parkland Dedications shall count towards POPOS and Public Park requirements, as described in the subsection below.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. d. Exclusions: Area devoted to POPOS and Public Park, described in the subsection below, shall not:
i. Qualify for development bonus points pursuant to Section 9-4.204, nor i.ii. Qualify for other minimum open space requirements for the subject site, such as private, common or POPOS requirements, pursuant to subsection (a) or (b). (3) All Other Uses.
a. Applicability and General Standards. These provisions apply to new buildings or additions of ten thousand (10,000) square feet of gross floor area or greater. i. Residential Uses Other Than Multi-Unit Uses. Except as provided in subsection (a)(5)(a) of this section, new buildings or additions that exceed ten thousand (10,000) square feet shall provide a minimum area of common open space and/or privately owned public open space (POPOS) that totals at least five percent (5%) of the gross floor area. ii. Commercial and Institutional Uses.

1. New buildings or additions that exceed ten thousand (10,000) square feet but are less than one hundred thousand (100,000) square feet shall provide a minimum area of common open space and/or privately owned public open space (POPOS) that totals at least five percent (5%) of the gross floor area.

2. New buildings or additions that exceed one hundred thousand (100,000) square feet shall provide a minimum area of common open space and/or privately owned public open space (POPOS) that totals at least five percent (5%) of the gross floor area.

Included in this requirement, the developer shall provide a minimum area of POPOS that totals at least one percent (1%) of the gross floor area. iii. Industrial, Agricultural, and Communication, Transportation and Utilities Uses. New buildings or additions that exceed ten thousand (10,000) square feet shall provide a minimum area of common open space that totals at least two percent (2%) of the gross floor area. b. Open Space In-Lieu Fees for Nonresidential Projects. Instead of providing required open space pursuant to this section, applicants for nonresidential projects may provide a payment of an open space in-lieu fee to allow the City to acquire sites for open space to meet the open space needs that cannot be supplied on site. An open space in-lieu fee shall be provided for nonresidential uses only as follows:
i. Open Space In-Lieu Fee Amount. The amount of the open space in-lieu fee shall be as set forth in the Master Fee Schedule.
ii. Deposit of Funds. Open space in-lieu fees shall be deposited with the City of Emeryville prior to issuance of a building permit in the Citywide Parks Fund and shall be used for open space facilities, including property acquisition and development of open space facilities in Emeryville.
iii. Refund of Fee. An open space in-lieu fee may be refunded, without interest, to the person who made such payment, or his assignee or designee, if the project provides the required open space. To obtain a refund, the required open space must be in place prior to issuance of a certificate of occupancy and before funds are spent or committed by the City.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (4) Mixed Uses. Open space requirements for mixed use projects shall be the sum of the requirements of individual uses as provided in this section. (5) Exemptions. The requirements of this section do not apply to the following situations:
a. Uses Exempted. The following uses shall be exempt from the requirements of this section:

Residential Use Types
Single Unit
Two (2) Unit
Commercial and Institutional Use Types
Arts and Entertainment
Outdoor Entertainment
Community Assembly
Small
Large
Eating and Drinking Establishments
Mobile Food Vendors
Lodging
Bed and Breakfast
Marina
Major Public Services
Parking
Recreation
Outdoor
Retail
Outdoor Sales
Industrial Use Types
Storage and Distribution
Outdoor
Agriculture Use Types
Community Gardens
Outdoor Agriculture
Animal Husbandry
Communication, Transportation and
Utilities Use Types
Communications Facilities
Transmission Towers
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Equipment within Buildings
Transportation and Delivery Services
Human-Powered
b. The reconstruction of an existing building of which fifty percent (50%) or less of the floor area was destroyed or ruined by flooding, fire, wind storm, or some other natural disaster; provided, that reconstruction will not result in an increase in building size. c. Any use, building, or structure for which only a change of use is requested and which requires no structural modifications that increase its floor area by more than ten thousand (10,000) square feet.
(b) Open Space Standards.
(1) All Open Spaces.
a. Required open space must comply with the Emeryville Design Guidelines and any other applicable design guidelines.
b. Required open space must comply with relevant provisions in this Code including but not limited to: landscaping and screening (Article 5 of this chapter), water use (Article 6 of this chapter), lighting and illumination (Article 7 of this chapter) and stormwater treatment design, management, and discharge control program (Chapter 13 of Title 6). c. Dimensions. All required open spaces except for private open spaces shall meet or exceed the following dimensional standards:
i. At least one (1) open space within the project shall accommodate a square laid flat with minimum dimensions as specified in Table 9-4.303(b):

Table 9-4.303(b): Minimum Open Space Dimensions
Total Required Square
Feet of Open Space
Dimensions of Square
(in feet)
40—199 6 x 6
200—299 10 x 10
300—599 15 x 15
600—899 20 x 20
900 and up 25 x 25
ii. A six-foot (6') by six-foot (6') square, laid flat, must fit within every part of the open space, as illustrated in Figure 9-4.303(b).

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Figure 9-4.303(b): Illustration of Minimum Open Space Dimensions. d. Sun Exposure. Open space shall be located and designed to maximize exposure to the sun.

Required open space must be seventy-five percent (75%) open to the sky, balconies and patios excepted. This does not preclude the use of removable shade features such as table umbrellas or retractable awnings.
e. Surface Materials. Surface materials shall contribute to usability, be dust free, and be as pervious as possible. Examples include ground cover, flagstone, wood planking, unit pavers or other serviceable surfacing.
(2) Private Residential Open Space.
a. Definition. “Private open space” is an individual yard, patio, porch, or balcony directly accessible from the dwelling unit for which the open space provides an opportunity for private outdoor recreation and relaxation.
b. Dimensions, Access, and Placement.
i. In order for private open space to count toward the minimum required open space, a fivefoot (5') by six-foot (6') rectangle, laid flat, must fit within every part. This requirement includes balconies.
ii. A private open space may not be more than thirty-six inches (36") above or below the threshold of the doorway serving as its primary access. c. Screening of Private Open Space.
i. Acceptable screening materials include wood, painted or anodized metal, vegetation, masonry, ceramic and other materials deemed acceptable by the Director.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. ii. If a private open space, other than an entry porch or stoop, is located adjacent to a common open space or public right-of-way, it shall be screened with a barrier, such as a decorative wall, hedge, or landscaping, which is at least three feet (3') tall and at least fifty percent (50%) solid.
iii. Balconies, Patios, and Porches. No more than fifty percent (50%) of the perimeter of balconies, patios, and porches not abutting the building may be enclosed by anything more than four feet (4') tall. Anything more than four feet (4') tall shall be transparent. d. Each private open space greater than forty (40) square feet shall only count as forty (40) square feet toward private open space requirements.
e. Required private open space may not be located in required front yards. (3) Common Open Space.
a. Definition. “Common open spaces” are courtyards, sport courts, play areas, and gardens for communal use within a development.
b. Access and Placement, Residential Development.
i. When feasible, the primary route to an interior unit shall be through common open space. ii. When feasible, a common open space should be directly visible and accessible from all of the units it is intended to serve.
c. Screening. Ground level common open space shall be enclosed by buildings, or have partially transparent screening or landscaping, such as a fence, decorative wall, hedge, or tall grasses.
d. Required open spaces may be located on rooftops.
e. A planted area shall be provided within the common open space that consists of at least twenty-five percent (25%) of the required common open space. Stormwater management measures, such as flow-through planters and swales, may count toward the landscaping requirements of Section 9-4.504, but not towards these common open space requirements. f. All required common open spaces shall include one (1) seat or thirty inches (30") of bench or seat wall for every one hundred (100) square feet of required open space. g. All required common open spaces shall provide one (1) tree per one thousand (1,000) square feet of required open space.
(4) Privately Owned Public Open Space (POPOS).
a. Definition. “Privately owned public open spaces” are courtyards, plazas, parks, walkways and gardens for use by the public on privately owned land. b. Dimensions, Access, and Placement.
i. A minimum of twenty-five percent (25%) of the perimeter of all POPOS must abut a sidewalk or a publicly accessible pathway.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. ii. POPOS shall not be more than three feet (3') above or below an adjacent sidewalk or, if not, shall be served by a publicly accessible pathway.
iii. Privately owned public open spaces shall include signage that is located in a publicly conspicuous place stating that the open space is available for public use and the hours of use.

If the POPOS is within three feet (3') above or below the sidewalk level, a sign must be located at the sidewalk level. If the POPOS is more than three feet (3') above or below sidewalk level, a sign must be located at both the public access level and at the sidewalk level. There shall be a sign at each public access point with a minimum of one (1) sign per street frontage. Each sign shall be at least two (2) square feet. iv. Required open space shall be directly and conveniently accessible to the general public at least during all hours that City of Emeryville parks are open pursuant to Chapter 24 of Title

5. c. POPOS may be located on rooftops; provided, that they meet all of the other requirements of this section.
d. A planted area shall be provided within the POPOS that consists of at least twenty-five percent (25%) of the required open space.
e. All POPOS shall include one (1) seat or thirty inches (30") of bench or seat wall for every one hundred (100) square feet of required open space.
f. All POPOS shall provide one (1) tree per one thousand (1,000) square feet of required open space.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014) (5) Public Park Requirements. Properties identified as “Other Park Opportunities” in the General Plan and Parks and Recreation Strategic Plan, and as specified in Table 9-4.303(c) and Figure 9-

4.303(c) shall be provided on-site and in accordance with the following standards. a. Definition. “Public Park” or “Public Open Space” means open space that is available to the general public. This includes plazas, lawn areas, play equipment, picnic areas, and recreation facilities among other uses.
b. Applicability. This subsection applies in the following conditions:
i. For project sites listed in Table 9-4.303(c), the minimum project site area subject to these requirements is at least three times the minimum park acreage indicated in Table 9-4.303(c), except the Public Park Opportunity Site labeled “K” which has a minimum project site size of at least two times the minimum park acreage.
ii. Public Park requirements apply to development projects in which at least 50 percent of the total floor area is new construction. iii. Requirements of this section apply to the first new construction project within each Public Park Opportunity Site as indicated in Figure 9-4.303(c) and not to any subsequent new construction projects within the same Public Park Opportunity Site, except for Site “K” for which these requirements apply to the first two new construction projects.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. c. FAR and Density Calculations. The area of the site developed as a public park in conformance with this section shall be included in the overall site area for purposes of calculating project floor area ratio and residential density. d. Park Size. The minimum park size required shall be as indicated in Table 9-4.303(c).

For any projects seeking FAR bonuses pursuant to Section 9-4.204, park acreage above the minimum is required. The park size required is indicated by the following formula but shall not be required to exceed one third of the project site:

P = M x (1 + F/100)
Where:

P = Required park size in acres
M = Minimum park size in acres per Table 9-4.303(c)
F = Number of bonus points required by project for FAR bonus pursuant to Section 9-4.204.
e. Park Regulations. The Public Park shall be subject to the applicable provisions of Chapter 24 (Parks) of Title 5 (Public Welfare) of the Emeryville Municipal Code. f. Ownership and Maintenance. The ownership and maintenance of the park shall be negotiated between the Applicant and the City.
g. Conformance with City Regulations for Public Parks. Public Parks shall be designed in conformance with the:
i. Parks regulations pursuant to Title 5 of Chapter 24. ii. Parks and Recreation Strategic Plan including the recommended park program, potential program elements, and site recommendations. As specified in the Strategic Plan, site furnishings and amenities may include but are not limited to: tables and chairs or other seating; active recreation spaces, such as tot lot or playground, sport court, or similar; shading structures; and/or public art.
h. Park Design. Public Parks shall:
i. Be located on the ground level;
ii. Be open to the sky;
iii. Be located adjacent to, and directly accessible from, residential and/or commercial use in the development project.
iv. Include landscaping as specified in Section 9-4.503(b). v. Comply with Emeryville Design Guidelines for Privately-Owned Public Open Space (Section G) and Title 5 of Chapter 24 for Public Parks, as appropriate to the ownership type.
vi. Provide pedestrian-scaled lighting. Applicants shall submit a lighting plan and photometric diagram as part of an applicable project development application.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. i. Development Impact Fee Credit. Applicants whose projects provide public parks in conformance with this section are eligible for a Development Impact Fee Credit pursuant to Section 9-5.1911.

Figure 9-4.303(c): Public Park Opportunity Sites
Table 9-4.303(c): Public Park Opportunity Sites
Parks and Recreation Strategic
Plan Reference # and Location
Address APN Minimum
Park Acreage
Parcel Size
(Acres)
B Bay Street & 65th Street
6603 Bay St./Shellmound St. 49-1490-1

0.5 1.3
6601 Bay St./Shellmound St. 49-1490-3 0.9
1690 65th St. 49-1490-4 5.0
6501 Bay St./Shellmound St. 49-1490-5 1.7
C 66th/67th St./Hollis
1266 66th St. 49-1508-2

0.5 0.7
1315 67th St. 49-1508-6 1.9
1321 67th St. 49-1508-7 0.9
1289 67th St. 49-1508-10-2 1.6
1255 67th St. 49-1508-11 0.2
1255 67th St. 49-1508-12 0.6
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Parks and Recreation Strategic
Plan Reference # and Location
Address APN Minimum
Park Acreage
Parcel Size
(Acres)
1285 66th St. 49-1540-1 0.4
1287 66th St. 49-1540-2 0.4
1301 66th St. 49-1540-3 0.2
1307 66th St. 49-1540-4 0.4
1309 66th St. 49-1540-5 0.2
6598 Hollis St. 49-1540-6 0.3
1320 65th St. 49-1540-7 0.2
1310 65th St. 49-1540-8 0.3
1306 65th St. 49-1540-9 0.2
1302 65th St. 49-1540-10 0.2
1298 65th St. 49-1540-11 0.2
1280 65th St. 49-1540-12 0.7
D Powell & Christie
5851 Christie Ave. 49-1494-3-2

0.5 1.6
1776 Powell St. 49-1494-4-7 0.6
5801 Christie Ave. 49-1494-4-8 2.1
1700 Powell St. 49-1494-4-10 0.4
G Powell Street Plaza
5713 Christie Ave. 49-1515-12-5

1.0 6.2
5701 Christie Ave. 49-1515-11-7 0.4
5791 Christie Ave. 49-1515-11-14 2.9
1661 Powell St. 49-1515-1-6 1.0
5795 Christie Ave. 49-1515-7-7 0.7
H Temescal Creek (west end) 2 Shellmound St. 49-1516-13 0.08 0.6 J Park Ave.
1400 Park Ave. 49-1033-2

0.5 2.2
1451 Sherwin St. 49-1034-1-4 0.6
4220 Hubbard St. 49-1034-1-3 1.7
K East Bay Bridge Shopping
Area
3838 Hollis St. 49-619-2

3.0 7.6
3838 Hollis St. 49-619-3 2.1
3839 Emery St. 49-619-5 7.9
3889 San Pablo Ave. 49-619-6 4.5
L Triangle 1070 41st St. 49-1026-17-2 0.5 1.9

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Article 4. Parking and Loading
9-4.401 Purpose.

The purposes of the off-street parking and loading regulations are to:
(a) Ensure that adequate, but not excessive, off-street parking and loading facilities are provided for new uses and major alterations to existing uses;
(b) Avoid the negative impacts associated with spillover parking into adjacent neighborhoods, and minimize the negative environmental and urban design impacts that can result from parking lots, driveways, and drive aisles within parking lots;
(c) Address the circulation and access needs of bicyclists and pedestrians by requiring bicycle parking facilities and promoting parking lot designs that offer safe and attractive pedestrian routes; (d) Establish standards and regulations for safe and well-designed parking, loading, and vehicle circulation areas that minimize conflicts between pedestrian and vehicles within parking lots and, where appropriate, create buffers from surrounding land uses; (e) Offer flexible means of minimizing the amount of land area devoted to parking of automobiles by allowing reductions in the number of parking spaces in transit-served locations, for shared parking facilities, and for other situations expected to have lower vehicle parking demand; and (f) Reduce urban stormwater runoff and heat island effect. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (Exh. A) (part), Ord. 20-005, eff. May 21, 2020)
9-4.402 Applicability.
(a) New Development. Unless otherwise specified, the parking and loading provisions of this article apply to all new buildings and to all new conditionally permitted uses in existing buildings. (b) Enlargements and Expansions. Unless otherwise specified, the parking and loading provisions of this article apply whenever an existing building or use is enlarged or expanded to include additional dwelling units, floor area, seating capacity, employees or other units of measurement used for establishing off-street parking and loading provisions for that use. Additional off-street parking and loading spaces are intended only to serve the enlarged or expanded area.
(c) Damage or Destruction. When a use that has been involuntarily damaged or destroyed is reestablished, off-street parking and loading facilities may also be reestablished or continued in operation in an amount equal to the number maintained at the time of such damage or destruction. It is not necessary, however, to restore or maintain parking or loading facilities in excess of those allowed by this article. Also see the nonconforming use regulations at Article 10 of Chapter 5 of this title. (d) Principal and Accessory Uses. The parking and loading provisions of this article apply only to principal uses and not to accessory uses.
(e) Exceptions.
(1) Neighborhood Retail Overlay Zone. Pursuant to Section 9-3.404(a)(4), in the NR Neighborhood Retail overlay zone local-serving uses having a gross floor area of five thousand (5,000) square feet or less are exempt from the off-street parking and loading provisions of this article.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (2) Transit Hub Overlay Zone. Pursuant to Section 9-3.406(a)(1), in the TH Transit Hub overlay zone maximum parking allowances shall be reduced to fifty percent (50%) of the allowances set forth in this article.
(3) Alternative Parking Plans. If an alternative parking plan is approved pursuant to Section 9-

4.407, the off-street parking shall be subject to the provisions of said plan. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (Exh. A) (part), Ord. 20-005, eff. May 21, 2020)
9-4.403 General Regulations and Standards.
(a) Reduction in Off-Street Parking and Loading Spaces. (1) Parking.
a. Off-street parking spaces established as of the effective date of this article may be reduced in number or eliminated entirely. If such spaces are required as a condition of approval of a planning permit, they may be reduced in number or eliminated entirely upon the granting of a minor conditional use permit.
b. Surplus off-street parking spaces may be rented out to nonoccupants of the property with the provision that such spaces must be vacated on thirty (30) days’ notice if they become needed by occupants of the property.
(2) Loading. Off-street loading spaces established as of the effective date of the ordinance codified in this article shall not be reduced in number during the life of such building or land use below that which would be required for a new building or use of a similar type under the requirements of this article. All such off-street loading spaces shall remain permanently available and accessible for the loading of vehicles by occupants of the property, as intended by the requirements of this article. (b) Separate Parking and Loading Spaces. No area may be utilized and counted both as a parking space and a required loading space. However, maneuvering aisles and driveways may serve both parking spaces and loading spaces if they meet the requirements specified in this article for both parking and loading facilities.
(c) Accessible Parking. Parking spaces accessible to persons with disabilities shall be provided as required by the building regulations in Title 8 as follows:
(1) New Construction with an Estimated Parking Demand of Twenty-Six (26) Spaces or More. a. Parking Equal to or Less Than the Estimate Demand. If the actual number of parking spaces provided is equal to or less than the estimated parking demand as calculated in accordance with Section 9-4.404, with reductions for the TH Transit Hub overlay zone as specified in Section 9-

3.406(a)(1), if applicable, the number of accessible spaces to be provided shall be based on the estimated parking demand regardless of the total number of spaces actually provided. This provision applies even if no other spaces are provided, other than accessible spaces. b. Parking Greater Than the Estimated Demand. If the actual number of parking spaces provided is greater than the estimated parking demand as calculated in accordance with Section 9-4.404, with reductions for the TH Transit Hub overlay zone as specified in Section 9-

3.406(a)(1), if applicable, the number of accessible spaces to be provided shall be based on the total number of spaces actually provided.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (2) All Other Uses, Including Additions and Alterations to Existing Construction. The number of accessible spaces to be provided shall be based on the total number of parking spaces actually provided. If no parking is provided, then no accessible parking is required. Existing accessible parking shall not be reduced.
(d) Nonconforming Parking Facilities. Existing buildings whose off-street loading facilities do not conform to the requirements of this article may be enlarged or expanded; provided, that additional loading facilities shall be added so that the enlarged or expanded portion of the building conforms to the requirements of this article, subject to the applicable provisions for nonconforming uses and structures in Article 10 of Chapter 5 of this title. Existing buildings whose off-street parking facilities do not conform to the design standards of this article may be enlarged or expanded; provided, that if the parking is to be reconfigured, the parking facilities shall be redesigned to conform to the design standards of this article unless the Director determines that this is physically infeasible. In redesigning existing parking facilities to conform to the design standards of this article, the number of parking spaces may be reduced, or the parking may be eliminated entirely.
(e) Unbundled Parking. The following rules shall apply to the sale or rental of parking spaces in new multi-unit residential uses of ten (10) units or more:
(1) All off-street parking spaces shall be leased or sold separately from the rental or purchase fees for dwelling units for the life of the dwelling units, such that potential renters or buyers have the option of renting or buying a residential unit at a price lower than would be the case if there were a single price for both the residential unit and the parking space(s). (2) In cases where there are fewer parking spaces than dwelling units, the parking spaces shall be offered first to the potential buyers or renters of three (3) bedroom or more units, second to potential buyers or renters of two (2) bedroom units, and then to potential buyers and renters of other units. (3) Potential buyers and renters of affordable units shall have an equal opportunity to buy or rent a parking space on the same terms and conditions as offered to potential buyers and renters of marketrate units, at a price proportional to the sale or rental price of their units as compared to comparable market-rate units. This stipulation shall be included in any agreement recorded between the City and developer pertaining to the affordable housing units pursuant to Article 4 of Chapter 5 of this title. (4) Parking spaces shall be offered only to residents of the dwelling units served by the off-street parking, except that any surplus spaces may be rented out to nonresidents with the provision that such spaces must be vacated on thirty (30) days’ notice if they become needed by residents. Visitor spaces shall not be rented out.

The Director may grant an exception from the requirements of this subsection for affordable units which include financing for affordable housing that requires that costs for parking and housing be bundled together.
(f) Surface Parking Lots. Surface parking lots shall be subject to the following restrictions and standards. The area of a surface parking lot shall include all features within the lot’s outer edges, including all parking spaces, maneuvering aisles, access driveways, and perimeter and interior landscaping, walkways, and other features.
(1) Large Parking Lots. New or expanded surface parking lots of more than two (2) acres are prohibited. Such parking facilities shall be provided within buildings or parking structures, or shall be otherwise covered by a structure that serves a nonparking function such as solar panels, recreational facilities, roof deck, or green roof.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (2) Medium Parking Lots. New or expanded surface parking lots of greater than one-half (1/2) acre but not more than two (2) acres may be allowed with a conditional use permit. To grant such a conditional use permit, the following findings must be made in addition to the findings required by Article 5 of Chapter 7 of this title:
a. That the applicant has convincingly demonstrated that it is infeasible to provide the parking within a building or parking structure, or to otherwise cover it. b. That the applicant has convincingly demonstrated that every reasonable effort has been made to minimize the size of the parking lot.
c. That the parking spaces comply with the requirements of this article including the design standards of Section 9-4.406.
d. That the applicable provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to parking and access, have been met. (3) Small Parking Lots. New or expanded surface parking lots of no more than one-half (1/2) acre are permitted subject to the requirements of this article including the design standards of Section 9-

4.406.
(4) Pedestrian Circulation. Parking lots containing fifty (50) or more spaces shall have walkways separated from motor vehicle maneuvering aisles and driveways connecting the principal building or buildings served by the lot to the farthest point of the lot from the main pedestrian entrance of such building or buildings.
a. Materials and Width. Walkways shall provide at least four feet (4') of unobstructed width and be hard surfaced.
b. Identification. Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, different paving material, or similar method.
c. Separation. Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it must be raised and separated from the auto travel lane by a raised curb at least six inches (6") high, bollards, or other physical barrier.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (Exh. A) (part), Ord. 20-005, eff. May 21, 2020)
9-4.404 Calculation of Estimated Parking Demand.

The maximum number of parking spaces allowed shall be based on the estimated parking demand by use type as listed in Table 9-4.404. The following rules apply when calculating the estimated parking demand:
(a) Multiple Uses. When two (2) or more principal uses are located on the same lot, the estimated parking demand shall be the sum of the estimated demand of the various individual uses computed separately, in accordance with this section, unless shared parking is approved pursuant to Section 9-4.405. (b) Area-Based Estimates. All area-based estimated parking demands shall be computed on the basis of gross square footage, as defined in Chapter 8, which does not include parking or loading areas. (c) Exclusion of First One Thousand Five Hundred (1,500) Square Feet. For all nonresidential uses with area-based estimated parking demands, the first one thousand five hundred (1,500) square feet shall be DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. subtracted from the gross square footage of the use when calculating the estimated parking demand.

When there are multiple principal uses on the same lot with separate estimated parking demands, pursuant to subsection (a) of this section, the first one thousand five hundred (1,500) square feet shall be subtracted from each such use. Any use that occupies one thousand five hundred (1,500) square feet or less is not required to provide off-street parking.
(d) Motorcycle Parking. When calculating the estimated parking demand, every four (4) motorcycle parking spaces shall be counted as one (1) automobile parking space, not to exceed five percent (5%) of the total number of automobile parking spaces. Motorcycle parking spaces shall be no less than four feet (4') wide by eight feet (8') long with an aisle width of no less than ten feet (10') and shall be clearly marked.
(e) If Estimated Parking Demand Is “To Be Determined.”
(1) If Table 9-4.404 indicates that the estimated parking demand is to be determined (“TBD”), the estimated parking demand shall be determined based on the characteristics of the specific use in question and other similar uses. Where no Planning Commission or City Council approval is required, the Director shall determine the estimated parking demand; the Director’s determination may be appealed to the Planning Commission in accordance with the appeal procedures in Article 14 of Chapter 7. Where Planning Commission or City Council approval is required, the Commission or Council, as the case may be, shall determine the estimated parking demand based on a recommendation from the Director.
(2) If the Director has classified a use not listed pursuant to Section 9-2.102(d), the estimated parking demand may be determined pursuant to subsection (e)(1) of this section. (f) Minimum and Maximum Parking Requirements. There is no minimum number of parking spaces required for any use, except for accessible parking pursuant to Section 9-4.403(c). The maximum number of parking spaces allowed shall be ten percent (10%) more than the estimated parking demand as indicated in Table 9-4.404.
(g) Parking Spaces Below the Estimated Demand. Projects that require discretionary planning permits and that provide fewer off-street parking spaces than the estimated parking demand, as calculated in accordance with this section, may be conditional, as appropriate, to require that adequate measures be put in place to reduce parking demand such as promoting use of public transit, bicycling and walking, and allowing modified working hours and telecommuting.
(h) Parking Spaces Above the Maximum. Parking spaces more than the maximum allowed by subsection (f) of this section may be provided upon the granting of a conditional use permit. To grant such a conditional use permit, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:
(1) That the applicant has convincingly demonstrated that the additional parking is required to meet the anticipated parking demand of the proposed uses.
(2) That the provision of the additional parking will not result in an overdependence on automobiles and will not adversely affect transit, bicycle, or pedestrian access to the site or other adjacent uses.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Table 9-4.404: Estimated Parking Demand
Use Type Number of Spaces Per
Residential Use Types
Single Unit 1 dwelling unit
Two (2) Unit and Multi-Unit
All except senior2 and low-income housing3
Resident parking 1 dwelling unit
Guest parking for developments with five or more
dwelling units

0.2 dwelling unit
Senior2 and low-income housing3
Resident parking 0.5 dwelling unit
Guest parking for developments with five or more
dwelling units

0.2 dwelling unit
Domestic Violence Shelter 0.25 bed
Group Residential
Small none
Large 0.25 bed
Mobile Home Park 1 mobile home
Residential Care Facility
Limited none
General 0.25 bed
Supportive Housing 0.25 bed
Transitional Housing 0.25 bed
Commercial and Institutional Use Types
Adult Oriented Businesses
Retail 3 1,000 gross square feet
Performance 5 1,000 gross square feet
Animal Care and Sales
Grooming TBD1
Kennel/Animal Care TBD1
Pet Stores 3 1,000 gross square feet
Veterinary Services 3 1,000 gross square feet
Arts and Entertainment
Gallery 1 1,000 gross square feet
Indoor and Outdoor Entertainment
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Use Type Number of Spaces Per
With fixed seats 0.2 seat4
Without fixed seats 10 1,000 gross square feet of indoor assembly area
Banks and Financial Institutions 3 1,000 gross square feet Business Services 3 1,000 gross square feet
Colleges and Trade Schools 0.5 maximum school population on site at any one time, including students,
teachers, and staff
Community Assembly
Small none
Large
With fixed seats 0.2 seat4
Without fixed seats 10 1,000 gross square feet of indoor assembly area
Day Care Centers 3 1,000 gross square feet
Eating and Drinking Establishments
Bars/Nightclubs/Lounges 8 1,000 gross square feet
Restaurants 8 1,000 gross square feet
Mobile Food Vendors TBD1
Emergency Shelters TBD1
Funeral Homes, Mortuaries and Mausoleums
With fixed seats 0.2 seat4
Without fixed seats 10 1,000 gross square feet of indoor assembly area
Health Care
Clinics and Medical Offices 3 1,000 gross square feet
Hospitals 3 1,000 gross square feet
Medical Laboratories (nonresearch) 4 1,000 gross square feet Instructional Services
Individual/Small Group Instruction none
Group Instruction 0.2 student
Libraries and Museums
Libraries 2.3 1,000 gross square feet
Museums 1 1,000 gross square feet
Live/Work Unit – All
The greater of 1.5 live/work unit
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Use Type Number of Spaces Per
or 1.5 1,000 gross square feet
Lodging
Hotels and Motels 0.5 room
Bed and Breakfast TBD1
Major Public Services TBD1
Marina TBD1
Motor Vehicle Sales and Services
Cleaning 0.5 maximum number of employees on site
at any one time
Rentals 1 maximum number of rental vehicles on
site at any one time
plus 0.5 maximum number of employees on site
at any one time
Sales and Leasing 1 1,000 gross square feet
Repair and Service 1 service bay5
Service Station 1.2 fueling station6
Towing and Impounding TBD1
Offices – All 2.4 1,000 gross square feet
Parking none
Personal Services
Small none
Large 2.4 1,000 gross square feet
Public Safety Facilities TBD1
Recreation
Gaming 5 1,000 gross square feet
Indoor TBD1
Outdoor TBD1
Repair Services 3 1,000 gross square feet
Retail
Firearms and Ammunition 3 1,000 gross square feet
Liquor Sales 3 1,000 gross square feet
Tobacco Shops 3 1,000 gross square feet
Small Stores 3 1,000 gross square feet
Medium Stores 3 1,000 gross square feet
Large Stores 4 1,000 gross square feet
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Use Type Number of Spaces Per
Outdoor Sales TBD1
Food and Beverage Sales 3 1,000 gross square feet
Cannabis Sales 3 1,000 gross square feet
Schools 0.08 student
Social Service Facilities 3 1,000 gross square feet
Industrial Use Types
Arts-Industrial – All 1 1,000 gross square feet
Commercial Kitchens 1 1,000 gross square feet
Construction and Maintenance 1 1,000 gross square feet
Crematories 1 1,000 gross square feet
Food Production and Assembly – All 1 1,000 gross square feet Hazardous Waste Facilities – All TBD1
Laundry and Dry Cleaning Services 1 1,000 gross square feet Manufacturing
Pharmaceutical 1 1,000 gross square feet
Custom 0.75 1,000 gross square feet
Light 0.75 1,000 gross square feet
General 1 1,000 gross square feet
Heavy 1 1,000 gross square feet
Cannabis Manufacturing 1 1,000 gross square feet
Recycling Facilities – All TBD1
Research and Development 1.5 1,000 gross square feet
Salvage and Wrecking TBD1
Storage and Distribution
Indoor 0.5 1,000 gross square feet
Outdoor TBD1
Personal 0.15 1,000 gross square feet
Agricultural Use Types
Community Gardens TBD1
Indoor Agriculture TBD1
Outdoor Agriculture TBD1
Animal Husbandry TBD1
Communication, Transportation, and Utilities Use Types
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Use Type Number of Spaces Per
Communications Facilities
Transmission Towers none
Equipment within Buildings 0.5 maximum number of employees on site at any one time
Transportation and Delivery Services
Bus/Rail Passenger Stations 60 1,000 daily boardings
Truck/Rail Freight Terminals 0.5 maximum number of employees on site at any one time
Human-Powered none
Light Fleet 1 maximum number of fleet vehicles on
site at any one time
plus 0.5 maximum number of employees on site
at any one time
Utility Services TBD1
Notes:

1. TBD = To be determined. See Section 9-4.404(e).

2. Senior housing means housing that is restricted to older adults, in which at least one (1) resident of each unit must be a “senior citizen” as defined in California Civil Code Section 51.3.

3. Low-income housing means housing that is restricted to low, very low, or extremely low income households, as defined for Alameda County by the California Department of Housing and Community Development.

4. Each thirty inches (30") of a fixed bench or pew shall be considered one (1) seat.

5. Service bays may not be counted towards this requirement.

6. Fueling stations may be counted towards this requirement. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 5, Ord. 15-009, eff. Dec. 3, 2015; Sec. 5, Ord. 15-011, eff. Jan. 14, 2016; Sec. 5, Ord. 17-002, eff. May 4, 2017; Sec. 3 (Exh. A) (part), Ord. 20-005, eff. May 21, 2020) 9-4.405 Shared Parking.
(a) Description. Shared parking represents an arrangement in which two (2) or more uses on the same lot with different peak parking demand periods use the same off-street parking spaces. (b) Calculation of Parking Demand for Shared Parking. The estimated parking demand for each use shall be calculated for each hour of a twenty-four (24) hour period, based on the percent of peak demand for each hour. The hourly demand for all uses shall be totaled for each hour, and the greatest resulting hourly demand shall be the necessary number of parking spaces. This required number may be modified pursuant to Sections 9-4.404, Calculation of Estimated Parking Demand, and 9-3.406, TH Transit Hub Overlay Zone. The hourly demand for each use shall be based on the most recent edition of Parking Generation published by the Institute of Transportation Engineers or other equivalent information. See Table 9-4.405 for an example.

Table 9-4.405: Example of Shared Parking Calculation
Use Office Retail Hotel TOTAL without
shared parking
Size 100,000 gross square
feet 20,000 gross square feet 150 rooms
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Use Office Retail Hotel TOTAL without
shared parking
Estimated Parking
Demand
240 spaces 60 spaces 75 spaces 375
Hour Beginning
Percent of
Peak
Period
Parking
Demand
Percent of
Peak
Period
Parking
Demand
Percent of
Peak
Period
Parking
Demand
TOTAL with shared
parking
12:00 – 4:00 a.m. -- -- -- -- -- -- --
5:00 a.m. -- -- -- -- -- -- --
6:00 a.m. -- -- -- -- 100% 75 75
7:00 a.m. 19% 46 5% 3 96% 72 121
8:00 a.m. 64% 154 18% 11 90% 68 233
9:00 a.m. 91% 218 38% 23 87% 65 306
10:00 a.m. 99% 238 68% 41 82% 62 341
11:00 a.m. 99% 238 91% 55 77% 58 351
12:00 p.m. 98% 235 100% 60 77% 58 353
1:00 p.m. 96% 230 97% 58 75% 56 344
2:00 p.m. 100% 240 95% 57 73% 55 352
3:00 p.m. 96% 230 88% 53 70% 53 336
4:00 p.m. 90% 216 78% 47 71% 53 316
5:00 p.m. 58% 139 62% 37 70% 53 229
6:00 p.m. -- -- 64% 38 74% 56 94
7:00 p.m. -- -- 77% 46 75% 56 102
8:00 p.m. -- -- 70% 42 79% 59 101
9:00 p.m. -- -- 42% 25 85% 64 89
10:00 p.m. -- -- -- -- 87% 65 65
11:00 p.m. -- -- -- -- 97% 73 73
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (Exh. A) (part), Ord. 20-005, eff. May 21, 2020) 9-4.406 Design Standards for Parking Lots and Structures.

The parking area design standards of this section apply to all off-street parking areas. All parking spaces and associated maneuvering aisles, driveways, and other related features shall be designed and arranged so as to provide motor vehicles with adequate ingress to and egress from all parking spaces, and to provide pedestrians with adequate access to parked vehicles. All parking areas shall be subject to the applicable provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to parking and access.
(a) Parking Layout and Dimensions. The layout and dimensions of off-street parking facilities shall be as set forth in Figure 9-4.406 and Table 9-4.406, as further provided below.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (1) Regulatory and Calculated Dimensions. Stall width, stall length, and aisle width, as shown in Table 9-4.606, are regulatory. Other dimensions shown in Table 9-4.606 are calculated from these required dimensions, and are provided for convenience.
(2) Stall Width and Length. As indicated in Table 9-4.606, the required minimum stall width and length for various parking angles are as set forth below. Compact spaces or other size spaces with less width or length are not permitted.
a. Width. For parking angles of more than thirty (30) degrees the required minimum stall width is eight feet six inches (8'-6"). For parking angles of thirty (30) degrees or less, the required minimum stall width is eight feet (8').
b. Length. For all parking angles other than parallel parking, the required minimum stall length is eighteen feet (18'). For parallel parking, the required minimum stall length is twenty-two feet (22').
(3) Aisle Width for Parking Angles Not Shown. For parking angles not shown in Table 9-4.406, the required aisle width shall be inter-polated from the values in the table. For example, for a parking angle of seventy (70) degrees, which is two-thirds (2/3) of the increment between sixty (60) degrees and seventy-five (75) degrees, the required one (1) way aisle width is eighteen feet eight inches (18'- 8"), which is two-thirds (2/3) of the increment between the required aisle widths for sixty (60) degree parking and seventy-five (75) degree parking, sixteen feet (16') and twenty feet (20'), respectively. (4) Alternate Maneuvering Aisle and Parking Space Widths. For parking angles equal to or greater than forty-five (45) degrees and less than ninety (90) degrees, one (1) way aisle width may be decreased by three inches (3") for each one-inch (1") increase in stall width, up to a maximum stall width of nine feet two inches (9'-2"). For ninety (90) degree parking, one (1) way and two (2) way aisle width may be decreased by three inches (3") for each one-inch (1") increase in stall width, up to a maximum stall width of nine feet two inches (9'-2") and a minimum aisle width of twenty-two feet (22').
(5) Two (2) Way Modules. Table 9-4.606 provides the dimensions for parking modules with one (1) way traffic. For parking modules with two (2) way traffic, add the difference in width between a two (2) way aisle and a one (1) way aisle. For example, for a two (2) way module with a parking angle of forty-five (45) degrees, add eight feet (8'), which is the difference between a two (2) way aisle (twenty feet (20')) and a one (1) way aisle (twelve feet (12')). (6) Overhang. Parking stall lengths, except for parallel spaces, may be reduced by two feet (2') where the parking stall is designed to abut a landscaped area a minimum of five feet (5') wide, such that the front of the vehicle can overhang the landscaped area. (7) Spaces Abutting Walls or Posts. For each side of a parking space abutting a wall or post, an additional foot of width shall be required.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Figure 9-4.406: Parking Layout.

Table 9-4.406: Parking Dimensions
Regulatory Calculated for Reference
Parkin
g
Angle
Stall
Widt
h
Stall
Lengt
h
Aisle
Width Stall
Width
Paralle
l to
Aisle
Stall Depth Module (one-way)
One
-
Wa
y
Two
-
Way
Interlockin
g
At
Wal
l
NonInterlockin
g
Interlockin
g
Half
Interlockin
g1
Parallel 8'-0" 22'-0" 12'-
0"
20'-
0"
- - - - - - 28'-0" - - - -
30° 8'-0" 18'-0" 12'-
0"
20'-
0"
16'-0" 12'-6" 15'-
11"
43'-10" 36'-11" 40'-5"
45° 8'-6" 18'-0" 12'-
0"
20'-
0"
12'-0" 15'-9" 18'-
9"
49'-6" 43'-6" 46'-6"
60° 8'-6" 18'-0" 16'-
0"
20'-
0"
9'-10" 17'-9" 19'-
10"
55'-8" 51'-5" 53'-7"
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Regulatory Calculated for Reference
Parkin
g
Angle
Stall
Widt
h
Stall
Lengt
h
Aisle
Width Stall
Width
Paralle
l to
Aisle
Stall Depth Module (one-way)
One
-
Wa
y
Two
-
Way
Interlockin
g
At
Wal
l
NonInterlockin
g
Interlockin
g
Half
Interlockin
g1
75° 8'-6" 18'-0" 20'-
0"
20'-
0"
8'-10" 18'-6" 19'-
7"
59'-2" 57'-0" 58'-1"
90° 8'-6" 18'-0" 24'-
0"
24'-
0"
8'-6" 18'-0" 18'-
0"
60'-0" - - - -
Notes:

1. One (1) side is interlocking and the other side is noninterlocking, similar to the parking layout illustrated in Figure 9-4.406.
(b) Location of Parking Areas. Except as otherwise allowed by Section 9-4.407, parking spaces must be located on the same lot as the use to be served by the parking. Additionally, parking areas shall be located in accordance with the following standards:
(1) No vehicle shall be required to cross a loading space or another parking space in order to gain access to a required parking space, except that tandem parking may be permitted pursuant to subsection (h) of this section.
(2) Except as provided in subsection (b)(3) and (b)(4) of this section and in Section 9-5.1407(a), off-street parking shall not be located in required front yards or in required street side yards. (3) Zoning district other than RM zone. No off-street parking spaces shall be located between the front lot line and the front wall of a building or its projection across the lot, except upon the granting of a conditional use permit. To grant such a conditional use permit, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:
a. That the proposed number of parking spaces does not exceed the maximum number allowed pursuant to Section 9-4.404(f) unless a conditional use permit to exceed the maximum is granted pursuant to Section 9-4.404(h).
b. That the proposed parking spaces would result in an effective design solution improving livability, operational efficiency, or appearance.
c. That all applicable provisions of the design standards in this section have been met. d. That the applicable landscaping and screening requirements of Article 5 of this chapter have been met.
e. That the applicable provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to parking and access, have been met. (4) RM Zone. One off-street parking space is permitted between the front lot line and the front wall of a building or its projection across the lot.
(c) Driveways and Access.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (1) Driveway Width.
a. Parking facilities containing fewer than fifteen (15) parking spaces shall have only a single driveway of no less than nine feet (9') and no more than ten feet (10') in width. b. Parking facilities containing fifteen (15) or more parking spaces may have one (1) lane driveways of no less than nine feet (9') and no more than ten feet (10') in width, and two (2) lane driveways of no less than eighteen (18) feet and no more than twenty (20) feet in width. The number and width of driveways shall be the minimum necessary to efficiently serve the lot as determined by the Director.
(2) Vehicle Flow.
a. Except for those serving four (4) or fewer residential units, all parking areas shall be designed so that a motor vehicle leaving the parking area will enter the public right-of-way traveling in a forward direction. Dead-end maneuvering aisles shall be designed with sufficient room at the end for a motor vehicle to turn around.
b. Parking areas shall be designed so that a vehicle will not have to enter a public right-of-way to move from one (1) location to another within the parking area. (3) No Curb Cuts on San Pablo Avenue, Shellmound Street and 40th Street. a. To facilitate dedicated transit lanes and loading, new curb cuts are not permitted on San Pablo Avenue, Shellmound Street, and 40th Street. Existing curb cuts may be relocated.

Properties with public frontage only available on San Pablo Avenue, Shellmound Street or 40th Street are exempt from this requirement.
(d) Surface. All outdoor parking spaces, driveways, and maneuvering areas shall be designed, built and permanently maintained to avoid dust, mud and standing water and to maximize permeability. These surfaces may include pervious pavements, sand-set pavers, supported turf systems and vegetation. A combination of surfaces may be used; for example, two (2) track driveways of concrete strips with pervious areas between the strips and on the edges.
(e) Striping and Marking. In all parking facilities containing four (4) or more spaces, each parking space shall be clearly striped with paint or other similar distinguishable material, except that the Director may approve suitable alternate means of marking the spaces. (f) Vertical Clearance. All covered parking shall have a minimum vertical clearance of seven feet six inches (7'-6"), except for spaces in parking lifts, and except that the minimum vertical clearance for disabled parking shall be as required by the building regulations in Title 8. (g) Slope. The maximum slope of parking facilities shall be as set forth below unless the Director approves a greater slope based upon the advice of a civil engineer or other qualified professional. (1) Parking Spaces. All parking spaces and abutting access aisles shall have a maximum slope of five percent (5%) measured in any direction.
(2) Driveways and Ramps. The maximum slope of any driveway or ramp shall be twenty percent (20%). If the slope of such driveway or ramp exceeds ten percent (10%), transitions shall be provided at each end not less than eight feet (8') in length and having a slope equal to one-half (1/2) the driveway or ramp slope.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (h) Tandem Parking. Parking may be arranged as tandem spaces; provided, that pairs of spaces in tandem are assigned to the same residential unit or to employees of the same nonresidential establishment, or that a full-time parking attendant supervises the parking arrangements at all times when the uses served are in active operation. The provisions of Figure 9-4.406 and Table 9-4.406 pertaining to required stall width, stall length, and aisle width shall apply to tandem spaces, except that the stall length shall be doubled for each pair of tandem spaces.
(i) Parking Lifts. Parking may be provided in parking lifts; provided, that if it is necessary to remove one (1) vehicle from the lift to access another vehicle, the parking shall be subject to the provisions of subsection (h) of this section applicable to tandem parking. Parking lifts allowing each vehicle to be independently accessed have no such restrictions. The provisions of Figure 9-4.406 and Table 9-4.406 applicable to ninety (90) degree parking shall apply to parking lifts, including the requirement for an aisle of twenty-four feet (24'). Exterior parking lifts shall be adequately screened from public view as required by Section 9-4.503(g).
(j) Landscaping and Screening.
(1) Surface Parking. All open parking areas shall be landscaped and/or screened as required by Section 9-4.503(g).
(2) Structured Parking. Above-grade structured parking shall comply with the following:
a. Above-grade parking shall include space for ground-level uses with active street frontages where such uses are feasible. Where active ground-level uses are not feasible, as determined by the Director, the ground level of structured parking shall be designed with architecturally attractive frontages. Such frontages may include unique designs or materials, such as glass, articulated masonry, art displays, murals, or landscaped setbacks. b. Automobiles and direct light from interior fixtures shall not be visible from any public rightof-way. (k) Lighting. Except for those serving four (4) or fewer residential units, all open parking areas shall be provided with exterior lighting meeting the following minimums:
(1) The lighting system shall provide not less than one (1.0) footcandle and not more than five (5.0) footcandles overall average illumination with a minimum of one-fourth (0.25) footcandles on the parking surface.
(2) All lighting shall be on a time clock or photo-sensor system so as to be turned off during daylight hours and during any hours when the parking area is not in use. This requirement does not apply to any lighting that is required for security.
(3) All parking area lighting shall meet any applicable energy efficiency requirements of the building regulations in Title 8.
(4) All lighting shall be designed to confine direct rays to the premises. No light fixture shall emit any direct light above a horizontal plane through the fixture. No spillover beyond the property line shall be permitted, except onto public thoroughfares; provided, however, that no such light shall cause a hazard to motorists.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. 9-4.407 Alternative Compliance with Parking Provisions. (a) Alternative Parking Plan. An alternative parking plan, as provided by this section, may be permitted upon the granting of a conditional use permit. To grant such a conditional use permit, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:
(1) That the applicant has convincingly demonstrated that it is physically impossible to provide the parking spaces in conformance with the design standards of Section 9-4.406 on the same lot as the principal use to be served by the parking.
(2) That a parking arrangement approved pursuant to this section will be in place at all times during operation of the principal uses to be served by the parking. (3) That the proposed number of parking spaces does not exceed the maximum number allowed pursuant to Section 9-4.404(f) unless a conditional use permit to exceed the maximum is granted pursuant to Section 9-4.404(h).
(b) Off-Site Parking. The alternative parking plan may allow off-street parking spaces to be located on a remote and separate lot from the lot on which the principal use is located, subject to the following standards:
(1) Distance. Unless a shuttle service is provided, the off-site parking shall be located within a reasonable walking distance of the principal use served, with consideration given to all relevant factors including, but not limited to, the characteristics of the use served by the parking and the quality of the walk.
(2) Other Jurisdiction. The off-site parking may be located in Oakland or Berkeley, subject to applicable regulations of that jurisdiction.
(c) Valet Parking. The alternative parking plan may allow valet parking as a means of satisfying all or a portion of the off-street parking proposal. Valet parking may be used to accommodate more parking spaces on the site of the principal use served by the parking than could be accommodated in conformance with the design standards of Section 9-4.406. It may also be used to provide off-site parking, subject to the requirements of subsections (b)(1) and (3) of this section. Any valet parking shall not cause interference with the public use of rights-of-way or imperil public safety. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (Exh. A) (part), Ord. 20-005, eff. May 21, 2020)
9-4.408 Bicycle Parking.
(a) Title and Purpose. This section establishes bicycle parking requirements. The purpose of these requirements is to ensure that adequate bicycle parking is provided and is conveniently located and sufficiently secure from theft and damage. These requirements are minimums only. It is the responsibility of the developer, owner, or operator of any specific use to provide adequate bicycle parking facilities. (b) General Requirements. Short-term publicly accessible bicycle parking for visitors, and long-term secured bicycle parking for building occupants, shall be required when:
(1) A building is constructed;
(2) An existing building, including a legal nonconforming structure, is enlarged for any purpose; or DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (3) The use of any building or portion thereof is changed to one requiring the issuance of a conditional use permit or design review and then only to that portion of the building subject to the change of use or design review.
(c) Exemptions. No bicycle parking is required for single unit or two (2) unit residential uses. (dc) Standards for All Bicycle Parking.
(1) Design and Installation.
a. A bicycle parking space shall be in a paved, level, drained, lighted area with access to a right-of-way without the use of stairs, and shall consist of either:
i. Horizontal parking. All ground or floor mounted parking shall provide a staple rack for bicycles to be locked to that is no less than 28 and no more than 32 inches wide; no less than 32 inches and no more than 36 inches tall; and shall be made of steel pipe square tubing. An interior cross bar, parallel to the top bar of the staple rack, may be added to accommodate a wider variety of bicycles. All required short-term bicycle parking shall be horizontalOne (1) side of a securely fixed rack element that supports the bicycle upright by its frame, prevents the bicycle from tipping over, and allows the frame and at least one (1) wheel to be locked to the rack element with one (1) lock; or
ii. Bicycle lockers. A bicycle locker constructed of theft-resistant material with a lockable door which opens to the full width and height of the locker. Bicycle lockers shall be weatherproof if exposed to the elements; or iii. Vertical parking, high-density racks, and stacked parking. Other types of bike parking , not described in (i) or (ii) above may be used for long-term bicycle parking only, provided that they are:
a. Installed per instructions of the manufacturer; and
b. Have aisles between the rack elements and other obstructions, bicycle parking areas or walls that are a minimum of 72 inches wide; and
c. Not used for more than 50 percent of total long-term bicycle parking spaces provided.

For long-term bicycle parking only, wall-mounted racks or wall- or ceiling-mounted hooks so that bicycles may be hung vertically.
b. Standard bicycle parking space dimensions. StandardEach bicycle parking spaces shall be no less than fifteen inches (15") wide, by six feet (6') deep, with an overhead clearance of no less than seven feet (7'), except parking for Large Bicycles shall be ten (10’) feet deep. This can be satisfied by placing racks, each of which supports two (2) bicycles, thirty inches (30") apart. See Figure 9-4.408(d)(1)(b). Wedge-shaped spaces may be narrower than fifteen inches (15") at one (1) end.
c. Large bicycle parking space dimensions. Large bicycle parking spaces shall be no less than thirty six inches (36”) wide, by ten feet (10’) deep, with an overhead clearance of no less than seven feet. This can be satisfied by placing racks, each of which supports two (2) bicycles, seventy-two inches (72") apart.
cd. Aisle access. Each row of bicycle parking spaces shall be served by an aisle no less than four feet (4') wide for horizontal parking spaces, and six feet (6’) wide for all other types of DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. bicycle parking. Rack elements must be placed two feet (2') from walls, fences or curbs. See Figure 9-4.408(d)(1)(c). (Note: Each rack supports two (2) bicycles, although, for clarity, only one (1) bicycle per rack is shown in this illustration.) Figure 9-4.408(d)(1)(b): Bicycle Racks For Standard Bicycles.

Source: Association of Pedestrian and Bicycle Professionals DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Figure 9-4.408(d)(1)(c): Standard Bicycle Parking Layout.

Source: Association of Pedestrian and Bicycle Professionals de. Bicycle Access. Required bicycle parking may not be tandem; parking or removing a bicycle shall not require moving another parked bicycle. ef. Rack security. Bicycle rack elements shall be fixed, securely anchored to the ground or to a structure by means that resist tampering or removal. Bicycle locker edges shall be secured with no exposed fittings or connectors. The Director may specify preferred installation methods, such as, but not limited to, embedded mounting in poured-in-place concrete, recessed bolt heads or grouted-in anchoring.
g. Large bicycle parking spaces. At least 10 percent of required bicycle parking spaces shall accommodate large bicycles, as described in Section 9-4.408(c)(1)(c), and be provided in ratio to the requirement for short and long-term spaces. In projects that require more than four, but fewer than 10 bicycle parking spaces, a minimum of one large bicycle parking space must be provided. h. Electric Charging. At least 10 percent of long-term standard spaces and 50 percent of longterm large spaces shall have access within 4 feet of the bicycle parking space footprint to electrical sockets to facilitate charging of electric bicycles. (2) Location.
a. Direct access from the bicycle parking to the public right-of-way shall be provided by means of access ramps, if necessary, and pedestrian access from the bicycle parking area to the building entrance shall also be provided.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. b. Where bicycle parking is not directly visible and obvious from the right-of-way, signs shall be provided, except that directions to long-term bicycle parking may be posted or distributed by the building management, as appropriate.
c. Bicycle parking must be separated from automobile parking by a curb, grade-separation, or bollards to prevent damage from moving automobiles or their loading and unloading. The Director may require a barrier or curb between bicycle and automobile parking areas on constrained sites.
d. Bicycle parking shall be located on the ground floor unless a ramp that is at least six feet (6’) wide is provided, or an elevator is provided that is large enough to accommodate a large bicycle. If all the required large bicycle parking spaces are provided on the ground floor, and other standard bicycle parking is provided on the upper floors, then an elevator shall be provided to accommodate standard bicycles.Bicycle parking may be provided inside a building provided it is easily accessible from a building entrance and a bicyclist does not have to use stairs to reach it. e. The placement of bicycle parking, bicycle rack elements and bicycle lockers shall not interfere with pedestrian circulation.
f. Required spaces may not be located within offices, commercial or industrial work areas, dwelling units or balconies.
(3) Modifications. In approving a project, the Director, Planning Commission, or City Council, as the case may be, may modify the standards for bicycle parking because of the nature of the use or the design of the project.
(ed) Short-Term Bicycle Parking.
(1) Short-term bicycle parking shall be provided within a convenient distance 50 feet of, and clearly visible from, the main entrance to the building, as determined by the Director, and it shall not be farther than the closest automobile parking space, excluding disabled parking. (2) At the discretion of the Director, some or all required short-term bicycle parking may be provided in a required yard.
(32) Minimum Short-Term Bicycle Parking Requirements.
a. All uses except Multi-Unit residential uses shall provide the greater of:
i. Two (2) short-term bicycle parking spaces; or
ii. One (1) short-term bicycle parking space for every ten (10) automobile parking spaces indicated as the estimated parking demand in Table 9-4.404. b. Multi-unit rResidential uses projects, including ADUs, of more than 10 units shall provide a minimum of one (1) short-term bicycle parking space, plus at least one (1) short-term bicycle parking space for every twenty (20) dwelling units.
(43) Property owners shall remove abandoned bicycles from short-term bicycle parking associated with their property on a monthly basis, after posting a notice of removal on such bicycles for two (2) weeks.
(54) No fee shall be charged for short-term residential bicycle parking.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (fe) Long-Term Bicycle Parking.
(1) To ensure security, lLong-term bicycle parking must be accessible only to the intended users in a dedicated room or, if in a covered parking lot, shall be in an enclosed, covered, locked area, surrounded by a fence or wall at least seven feet (7') tall, restricted to bicycle parking users, which includes fixed rack elements; or in bicycle lockers that are either weather-proof or covered. Longterm bicycle parking may also be vertical, using either wall-mounted racks or wall- or ceilingmounted hooks, installed per the manufacturer’s specifications. (2) Minimum Long-Term Bicycle Parking Requirements.
a. All uses except multi-unit residential uses shall provide the greater of:
i. Two (2) long-term bicycle parking spaces; or
ii. One (1) long-term bicycle parking space for every ten (10) automobile parking spaces indicated as the estimated parking demand in Table 9-4.404. b. Multi-unit rResidential uses, shall provideincluding single family, duplex, multi-unit and ADUs shall provide at least one (1) covered long-term bicycle parking space for every studio and one-bedroom unit, and at least two (2) covered long-term bicycle parking spaces for each unit with two or more bedrooms. one (1) covered long-term bicycle parking space for every one (1) dwelling unit.
c. For nonresidential uses of less than three thousand (3,000) square feet where long-term bicycle parking is not feasible due to physical limitations, short-term bicycle parking spaces may be substituted on a one (1) for one (1) basis.
(3) Property owners shall remove abandoned bicycles from long-term parking associated with their property on a quarterly basis after posting a notice of removal warning on such bicycles for one (1) month. This requirement shall not preclude provision of seasonal bicycle storage. (4) No fee shall be charged for long-term residential bicycle parking.Nonresidential uses are encouraged to provide showers and clothes lockers where bicycle parking is required. (gf) Definitions. As used in this section:
(1) “Abandoned bicycle” means a bicycle that has been parked continuously in one (1) place for at least two (2) weeks in short-term parking or at least one (1) month in long-term parking, excluding seasonal bicycle storage as agreed upon between the property owner and the bicycle owner. (2) “Bicycle” means a device propelled by human power upon which a person may ride, having two (2) wheels one (1) behind the other, at least one (1) wheel being at least thirteen inches (13") in diameter.
(3) “Bicycle locker” means an enclosure that can be locked for the safe keeping of a bicycle, made of theft-resistant material, with a lockable door that opens the full width and height of the locker, with no exposed fittings or connectors.
(4) “Bicycle parking space footprint” means the footprint of the dimensions of a bicycle parking space.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (5) “Standard Bbicycle parking space” means a parking space for a standard bicycle. See dimensional requirements in Section 9-4.408(c)(1)(b).paved, level, drained, lighted area for the parking of one (1) bicycle, having a minimum width of fifteen inches (15"), a minimum length of six feet (6'), and a minimum overhead clearance of seven feet (7'), with access to a right-of-way without use of stairs, which includes either a bicycle locker or one (1) side of a fixed rack element. A wedgeshaped bicycle parking space may have one (1) end narrower than fifteen inches (15"). (56) “Fixed” means mounted so the rack element cannot be stolen; anchored in the pavement or a structure with vandal-resistant fasteners such as, but not limited to, embedded mounting in poured-inplace concrete, recessed bolt heads or grouted-in anchoring. (7) “Large bicycles” means longer bicycles, such as cargo, adaptive, longtail, recumbent, tandem, and bicycles with trailers, commonly used to carry children or cargo. See dimensional requirements in Section 9-4.408(c)(1)(c).
(68) “Long-term bicycle parking” means bicycle parking intended for the primary use of residents, employees and others who park bicycles for a duration of four (4) hours or more. (79) “Publicly accessible” means in an area that is visible from a right-of-way and open to the general public.
(810) “Rack element” means a fixed object that supports one (1) or two (2) bicycles upright by their frames in a stable position and enables the frame and at least one (1) wheel of each bicycle to be locked.
(911) “Right-of-way” means a strip of land under the ownership or jurisdiction of the City of Emeryville and dedicated for use as a public way such as a path, street or park. (1012) “Secured bicycle parking” means an enclosed, covered, locked area, surrounded by a sevenfoot (7') tall fence or wall, restricted to bicycle parking users, which includes fixed rack elements; or covered or weather-proof bicycle lockers.
(1113) “Short-term bicycle parking” means bicycle parking intended for the primary use of customers, messengers, guests and others who park bicycles for less than four (4) hours. (1214) “Tandem” means arranged so a bicycle must be removed to access another bicycle parking space.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (Exh. A) (part), Ord. 20-005, eff. May 21, 2020)
9-4.409 Loading.

The requirements for off-street loading spaces for all uses shall be as specified in this section. (a) Number of Spaces Required.
(1) None Required. No off-street loading spaces are required for uses for which the estimated parking demand, as indicated in Table 9-4.404, is “none.” In addition, no off-street loading spaces are required for the following residential use types:

Single Unit
Two (2) Unit
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Mobile Home Park
(2) Requirement “To Be Determined.” The off-street loading requirement for uses for which the estimated parking demand, as indicated in Table 9-4.404, is “To be determined” (“TBD”) shall be determined pursuant to Section 9-4.404(f) in the same manner in which the estimated parking demand is determined. In addition, the off-street loading requirement shall be determined pursuant to Section 9-4.404(f) in the same manner in which estimated parking demand is determined for the following uses:

Residential Use Types:

Domestic Violence Shelter
Group Residential
Residential Care Facility
Supportive Housing
Transitional Housing
Communication, Transportation, and Utilities Use Types:

All
(3) All Other Uses. The off-street loading requirement for all other uses shall be as set forth in Table 9-4.409.

Table 9-4.409: Loading Requirements
Use Type Number of Spaces Size
Residential Use Types
Multi-Unit
Less than 50 units none
50 to 149 units 1 small
150 to 300 units 2 small
Each additional 300 units or fraction of one-half or more thereof
1 medium
Commercial and Institutional Use Types
Animal Care and Sales
Pet Stores
Veterinary Services
Health Care
Clinics and Medical Offices
Offices – All
Less than 25,000 gross square feet none
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Use Type Number of Spaces Size
25,000 to less than 100,000 gross square feet 1 medium
100,000 to less than 200,000 gross square feet 2 medium Each additional 100,000 gross square feet or fraction of one-half or more thereof
1 large
All Other
Less than 10,000 gross square feet none
10,000 to less than 20,000 gross square feet 1 medium
20,000 to less than 40,000 gross square feet 2 medium
40,000 to less than 80,000 gross square feet 2 large
Each additional 40,000 gross square feet or fraction of one-half or more thereof
1 large
Industrial Use Types
Research and Development
Less than 25,000 gross square feet none
25,000 to less than 100,000 gross square feet 1 medium
100,000 to less than 200,000 gross square feet 2 medium Each additional 100,000 gross square feet or fraction of one-half or more thereof
1 large
All Other
Less than 10,000 gross square feet none
10,000 to less than 25,000 gross square feet 1 medium
25,000 to less than 50,000 gross square feet 1 large
50,000 to less than 100,000 gross square feet 2 large
100,000 to less than 200,000 gross square feet 3 large
Each additional 100,000 gross square feet or fraction of one-half or more thereof
1 large
(b) Size of Spaces. Size of loading spaces, as indicated in Table 9-4.409, shall be as follows:
(1) Small. Small loading spaces shall have a width of no less than ten feet (10'), a length of no less than twenty-five feet (25') and a vertical clearance of no less than eight feet (8'). (2) Medium. Medium loading spaces shall have a width of no less than twelve feet (12'), a length of no less than thirty-five feet (35') and a vertical clearance of no less than fourteen feet (14'). (3) Large. Large loading spaces shall have a width of no less than twelve feet (12'), a length of no less than fifty feet (50') and a vertical clearance of no less than fourteen feet (14'). (c) Modifications. In approving a project, the Director, Planning Commission, or City Council, as the case may be, may modify the number and size of loading spaces required pursuant to subsection (a) of this section because of the nature of the use or the design of the project.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (d) Maneuvering Areas. All off-street loading spaces for uses located on transit streets and connector streets, as defined in the General Plan, shall be designed and located so that there is sufficient off-street maneuvering area to accommodate vehicles using the loading spaces. Maneuvering areas shall be designed to accommodate the largest vehicle intended to use the loading spaces and shall not be encumbered by parking stalls or physical obstructions. No vehicle shall back up or maneuver within the public right-of-way of a transit street or connector street to reach an off-street loading space. (e) Surface and Maintenance. Loading spaces and the maneuvering areas and driveways serving them shall be paved and maintained with concrete, asphalt, or similar material of sufficient thickness and consistency to support anticipated traffic volumes and weights; properly graded for drainage; and maintained in good condition free of weeds, dust, trash, and debris. (f) Location. Loading spaces shall be located on the same lot on which the use for which they are required is located, except that, upon the granting of a conditional use permit, loading spaces may be provided in a common loading area serving multiple adjacent uses and located on an adjacent lot within three hundred feet (300') of the lot on which the use requiring the loading spaces is located. To grant such a conditional use permit, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:
(1) That the common loading area results in a more efficient design than individual loading areas serving each use separately.
(2) That the total number of loading spaces provided in the common loading area is no less than the number of loading spaces that would be required if the uses served were located in a single facility. (3) That the common loading area will be in place at all times during operation of the principal uses to be served by the loading spaces.
(g) Access to Tenant Spaces Served by Loading Spaces. Buildings served by loading spaces shall be designed such that there is a direct interior path of travel between the loading spaces and each tenant space served by the loading spaces of sufficient width and height to accommodate all material to be loaded and unloaded.
(h) Availability and Utilization of Loading Spaces. All loading spaces provided pursuant to the requirements of this article shall be made readily available to pick-up and delivery vehicles during all hours when pick-ups and deliveries are allowed. Owners of property containing such loading spaces shall be responsible for advising drivers of pick-up and delivery vehicles of the location and hours of such loading spaces, shall require drivers to use such loading spaces, and shall not allow pick-up and delivery vehicles to be parked or loaded in the public right-of-way. (i) Landscaping and Screening. All loading spaces and the maneuvering areas and driveways serving them shall be landscaped and/or screened as required by Section 9-4.503(g). (j) Lighting. All exterior loading spaces and the maneuvering areas and driveways serving them shall be provided with lighting meeting the following minimums:
(1) The lighting system shall provide not less than one (1.0) footcandle and not more than five (5.0) footcandles overall average illumination with a minimum of one-fourth (0.25) footcandles on the surface.
(2) All lighting shall be on a time clock or photo-sensor system so as to be turned off during daylight hours and during any hours when the loading area is not in use and the lighting is not required for security.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (3) All loading area lighting shall meet any applicable energy efficiency requirements of the building regulations in Title 8.
(4) All lighting shall be designed to confine direct rays to the premises. No light fixture shall emit any direct light above a horizontal plane through the fixture. No spillover beyond the property line shall be permitted, except onto public thoroughfares; provided, however, that no such light shall cause a hazard to motorists.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (Exh. A) (part), Ord. 20-005, eff. May 21, 2020)

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Article 5. Landscaping and Screening
9-4.501 Purpose.

This article establishes the landscaping and screening regulations. The purpose of these regulations is to enhance a pleasant visual character in the City that recognizes aesthetics and safety issues and to promote the planting of vegetation that supports human health and urban wildlife. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) 9-4.502 Applicability.

This section applies to any of the following:
(a) The construction or erection of any new building or structure for which a building permit is required. (b) Any enlargement exceeding one thousand (1,000) square feet or ten percent (10%) in area, whichever is less, of the exterior dimensions of an existing building for which a building permit is required.
(c) Any construction of a new parking lot or expansion of an existing parking lot by more than one thousand (1,000) square feet or ten percent (10%) in area, whichever is less. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) 9-4.503 General Provisions.
(a) Water Use and Irrigation. All new or rehabilitated landscaping shall comply with the applicable provisions of Article 6 of this chapter, Water Use. All required landscaping shall be provided with an irrigation system, including drip irrigation if appropriate, unless provisions are made for hand watering or the Director determines that an irrigation system is not required. (b) Composition of Required Landscaping. All required landscaping shall include the installation and maintenance of some combination of trees, ground cover, shrubs, vines, flowers, lawns, and water features except swimming pools and spas.
(c) Existing Trees. For projects on private property that require discretionary City approval, the Director, Planning Commission, or City Council, as the case may be, may require that existing healthy on-site trees be preserved and incorporated into the project unless this is shown to be infeasible. An arborist report, prepared at the expense of the applicant, may be required. At the applicant’s option, this may be prepared either by the City’s arborist, or by an arborist selected by the applicant and peerreviewed by the City’s arborist. (d) Required Screening Materials. Screening materials may include solid fences, walls, or hedges. When hedges of a specific height are required, the plant material shall be of a type which will provide a yearround solid visual barrier at the prescribed height. (e) Maintenance of Landscaping.
(1) All planted areas shall be well maintained and kept free of weeds and debris. (2) All plants shall be kept in a healthy and growing condition and, whenever necessary, replaced with new plants of the same species unless the Director approves a different species. Good horticultural practices shall be followed in all instances. (3) Irrigation systems shall be kept in good working condition. Adjustments, replacements, repairs, and cleaning shall be a part of regular maintenance.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (4) Stakes and ties on trees shall be checked regularly for correct functions. Ties shall be adjusted to avoid creating abrasions or girdling on trunks or branches. (5) All required fences and walls shall be permanently maintained in good condition and, whenever necessary, repaired or replaced.
(f) Separation from Parking and Maneuvering Areas. All landscaped areas shall be separated from parking and maneuvering areas.
(1) If the landscaped area is not used for stormwater drainage, a four-inch (4") high curb shall be used to separate the landscaped area from parking and maneuvering areas. (2) If the landscaped area is used for stormwater drainage, the landscaped area shall be separated from parking and maneuvering areas with either a concrete strip that is flush with the paved surface or with a curb or wall with cuts to allow water into the landscaped area. When using flush curbs, wheel stops fabricated from recycled material shall be used. (g) Screening of Open Parking and Loading Areas. All open parking areas containing three (3) or more spaces and all loading areas shall be screened by a fence, wall or hedge as follows:
(1) When parking is located within or adjacent to a required rear yard or a side yard not abutting a street, such screening shall be not less than five feet (5') high nor more than six feet (6') high, and shall be located along the entire length of the parking area. (2) When such parking is adjacent to a street right-of-way, screening shall be located on the building setback line, or adjacent to the outside edge of any required boundary landscaping, and shall be not less than three feet (3'), nor more than six feet (6') in height. (3) All loading areas adjacent to streets shall be screened from public view to the maximum extent possible.
(h) Landscaping of Open Parking Areas. For each open parking area containing thirty-five (35) or more spaces, one (1) large-canopy tree per four (4) parking spaces, one (1) medium-canopy tree per three (3) parking spaces, or one (1) small-canopy tree per two (2) parking spaces shall be provided. Boundary planting may not be counted towards this requirement.
(1) Small-, medium-, and large-canopy trees shall be defined as follows:
a. Small-canopy trees have a canopy width of at least fifteen feet (15') and less than twentyfive feet (25') and are at least twenty feet (20') tall. b. Medium-canopy trees have a canopy width of at least twenty-five feet (25') and less than thirty-five feet (35').
c. Large-canopy trees have a canopy width of at least thirty-five feet (35'). (2) Measurement. Tree canopy width is the average diameter of the tree’s canopy at maturity. (i) Unpaved or Undeveloped Area. Unpaved or undeveloped sites shall be kept in a neat and weed-free condition and may be hydro-seeded with native plants or wildflowers. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. 9-4.504 Landscaping Requirements by Zoning District.
(a) Industrial Zones. Development projects in the industrial zones shall include landscaped areas consisting of at least five percent (5%) of the project site. (b) All Other Zones. Development projects in any other zone shall include landscaped areas consisting of at least ten percent (10%) of the project site. Stormwater management measures, such as flow-through planters and swales, may count toward these landscaping requirements, but not towards common open space requirements of Section 9-4.303(b)(3).
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) 9-4.505 Fences and Walls.
(a) Maximum Height.
(1) Residential Zones.
a. Front Yards and Street Side Yards.
i. Solid. The maximum height of solid fences and walls in a required front yard or street side yard shall be three feet (3').
ii. Open. The maximum height of fences that are not less than fifty percent (50%) open in a required front yard or street side yard shall be four and one-half feet (4-1/2'). b. Rear Yards and Interior Side Yards. The maximum height of fences and walls in a required rear yard, including a rear yard abutting a street, or in an interior side yard shall be six feet (6'). c. Other Situations. A maximum six-foot (6') fence or wall may be located anywhere on a lot that is not within a required yard.
(2) All Other Zones. Fences or walls shall not exceed eight feet (8') in height unless the Director determines that a taller fence or wall is appropriate for the use of the site. In no case shall a fence or wall be taller than the base height limit for the site as set forth in Section 9-4.202. Any fence or wall that is more than six feet (6') in height requires a building permit pursuant to Title 8 and design review pursuant to Article 4 of Chapter 7.
(b) Materials. Durable materials shall be used for fences, such as wood or wrought iron. Chain-link fencing visible from the public right-of-way is not permitted unless screened by solid landscaping or the Director determines that it is appropriate for the use of the site. Barbed wire and razor wire are prohibited if visible from the public right-of-way.
(c) Measuring Height of Fences and Walls. The heights of fences and walls shall be measured from the adjacent grade. If grade levels are different on either side of the fence or wall, the height shall be measured from the higher grade. See also Section 9-4.202(b)(2) and Figure 9-4.202(b). (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) 9-4.506 Screening of Outdoor Storage (Principal Use) and Open Storage (Accessory Use).

All outdoor storage areas shall be screened such that they are not visible from the ground level of an adjacent property or public right-of-way. The requirement for screening to enclose storage areas between adjoining side and/or rear property lines may be removed by mutual agreement of the property owners involved.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. 9-4.507 Screening of Mechanical and Electrical Equipment.

All mechanical equipment, including electrical and gas meters; heating, ventilation, and air conditioning units; radio/TV antennas; satellite dishes; and all roof mounted mechanical equipment shall be visually and acoustically screened in such a manner so that it is not visible from an adjacent property at or below the level of the mechanical equipment, or from a public right-of-waysidewalk on either side of any street adjacent to the site, and so that it complies with the performance standards for noise at Section 9-5.1109.

Electrical transformers and other utility boxes shall be either placed underground or appropriately screened.
9-4.508 Utility Undergrounding.
(a) All new construction shall place the following utilities along public frontages underground:
(1) Any existing overhead utility wires for projects over 30 feet high; and (2) All service connections, including gas (if required), electric, telephone and cable facilities. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Article 6. Water Use
9-4.601 Purpose and Applicability.

The purpose of this article is to set forth site development regulations related to the conservation and use of water. These regulations are applicable to all new and existing uses unless otherwise specified. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) 9-4.602 Water Efficient and Bay Friendly Landscaping.
(a) Purpose. This section establishes water efficient landscaping requirements for new and rehabilitated landscapes. The purpose of the requirements is to foster efficient water use and prevent water waste while ensuring high quality landscapes.
(b) Applicability. This section shall apply to landscapes for public agency projects and private development projects with a landscape area equal to or greater than five hundred (500) square feet, as specified below.
(c) Prescriptive Requirements for Smaller Landscapes. New landscaping equal to or greater than five hundred (500) square feet and less than two thousand five hundred (2,500) square feet of landscaped area requiring design review shall comply with landscape requirements for smaller landscapes for planting, soil, mulch, grading, and irrigation, as specified by the Director in the document titled Emeryville Water Efficient Landscape Prescriptive Requirements for Smaller Landscapes. Any project with a landscape area less than two thousand five hundred (2,500) square feet that meets the landscape water requirement entirely with graywater, rainwater captured on site, or both, is subject only to the sections of the smaller landscapes requirement on “amendments and mulch” and “irrigation.” (d) Performance Requirements for Larger Landscapes. New and rehabilitated landscapes with a landscape area equal to or greater than two thousand five hundred (2,500) square feet shall comply with landscape requirements for larger landscapes for planting, mulch, soil, grading, and irrigation, as specified by the Director in the document titled City of Emeryville Water Efficient Landscape Requirements Performance Requirements for Larger Landscapes
.
(e) Water Waste, Stormwater Treatment and Recycled Water. All projects subject to this section shall comply with all other requirements of the Emeryville Municipal Code, including Chapter 36 of Title 5 prohibiting irrigation water waste, Chapter 13 of Title 6 regarding stormwater treatment, and Section 9-

4.603 regarding recycled water.
(f) Exceptions. This section shall not apply to the following:
(1) Registered historical sites.
(2) Ecological restoration projects that do not require a permanent irrigation system. (3) Projects with a landscape area less than five hundred (500) square feet. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 16-005, eff. Oct. 20, 2016) 9-4.603 Recycled Water.
(a) Purpose. The use of potable water for certain uses when nonpotable water is available and feasible is a waste of water. The purpose of this section is to implement State policies requiring the use of recycled water for nonpotable water uses within the designated recycled water use area when the City determines DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. that there is not an alternative higher or better use for the recycled water, its use is economically justified and its use is financially and technically feasible for a project. (b) Use and Distribution of Recycled Water. The use and distribution of recycled water shall be in accordance with applicable Federal, State and local laws and regulations. (c) Requirement for Subdivisions in Recycled Water Area. Projects involving subdivision of land for which a tentative map or parcel map is required pursuant to California Government Code Section 66426 and Chapter 6 of this title and which are within the recycled water project area shall be conditioned to provide a plumbing system to serve nonpotable uses in the common areas of the subdivision, including but not limited to golf courses, parks, greenbelts, landscaped streets and landscaped medians, if recycled water is available to the project site at a reasonable cost, is of adequate quality, will not be detrimental to public health, and will not adversely affect downstream water rights, degrade water quality or injure plants, fish and wildlife. The Director shall review all subdivision projects that are within the recycled water project area, confer with the recycled water provider, and determine requirements for recycled water plumbing. These requirements shall become conditions of approval. (d) Requirement for Nonsubdivision Projects and Projects Outside Recycled Water Area. All projects within the recycled water project area that require Planning Commission or City Council approval, and all projects outside the recycled water project area that include one hundred thousand (100,000) square feet of nonresidential space and require Planning Commission or City Council approval, shall be conditioned to require submittal of a letter from the recycled water provider stating requirements for recycled water plumbing, prior to issuance of building permit. In addition, if the project applicant is not complying with the requirements of the recycled water provider, the applicant shall provide a written explanation of its actions.
(e) Agreement between Recycled Water Producer and Water Supplier. As set forth in California Water Code Section 65605(b)(5), recycled water service shall not commence in any service area of a private utility or public agency retail water supplier that is not a local agency, except in accordance with a written agreement between the recycled water producer and the private utility or public agency retail water supplier.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) 9-4.604 Water Reclaimed On Site.
(a) Purpose. The purpose of this section is to set forth standards for systems that reuse water on site. Such systems help to conserve valuable water resources and are encouraged; provided, that adequate safeguards are included to protect health.
(b) Rainwater Capture Systems. Systems that capture and store precipitation from roof areas and other aboveground impervious surfaces for landscape irrigation and/or indoor water use must comply with all applicable codes and regulations. Systems using rain barrels of up to one hundred (100) gallons and no pumps do not require a permit. Systems using cisterns of over one hundred (100) gallons and/or pumps require plumbing and/or electrical permits pursuant to the Emeryville Plumbing Code at Chapter 6 of Title 8 and/or the Emeryville Electrical Code at Chapter 7 of Title 8. Because the Emeryville Plumbing Code has no approved standards for rainwater capture systems, an alternative methods and materials request must accompany the permit application. Landscape projects that are less than two thousand five hundred (2,500) square feet in area, and meet the estimated total water use entirely with graywater, rainwater capture, or both, are subject only to the prescriptive irrigation portion and the amendments and mulch portion of the requirements referenced in Section 9-4.602, Water Efficient and Bay Friendly Landscaping.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (c) Graywater Systems. Systems that reuse domestic wastewater from plumbing fixtures such as showers, dishwashers, and clothes washers for toilet flushing and irrigation must comply with the requirements for graywater systems of the Emeryville Plumbing Code in Chapter 6 of Title 8. Landscape projects that are less than two thousand five hundred (2,500) square feet in area, and meet the estimated total water use entirely with graywater, rainwater capture, or both, are subject only to the prescriptive irrigation portion and the amendments and mulch portion of the requirements referenced in Section 9-

4.602, Water Efficient and Bay Friendly Landscaping.
(d) Blackwater. Wastewater containing food, animal, or human waste, including but not limited to that from toilets and garbage disposals, shall not be reused on site but shall be discharged directly into the sanitary sewer system.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 16-005, eff. Oct. 20, 2016; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017)
9-4.605 Definitions.

As used in this article, certain words and phrases are defined as follows:
(a) “Blackwater” means water polluted with food, animal, or human waste. (b) “Cistern” means a precipitation storage device that holds over one hundred (100) gallons of rainwater, is installed above or below ground depending on site conditions, and which may utilize electrical pumps to move the rainwater.
(c) “Graywater” means untreated wastewater which has not come into contact with toilet, food, or chemical waste. Graywater includes used water from bathtubs, showers, bathroom sinks, clothes washing machines and laundry tubs. It does not include wastewater from kitchen sinks, photo lab sinks, dishwashers or laundry water from soiled diapers.
(d) “Nonpotable water uses” means parks, highway landscaped areas, landscaped streets and medians, industrial and irrigation uses, landscaping, greenbelts, golf courses, floor trap priming, cooling towers, air conditioning devices, nonresidential toilet and urinal flushing, and subdivision common areas. (e) “Potable water” means water which conforms to Federal, State and local agency standards for human consumption.
(f) “Rain barrel” means a precipitation storage device that holds one hundred (100) gallons or less of rainwater and that captures flow directly from a downspout. (g) “Rainwater capture” means collected precipitation from rooftops and other above-ground impervious surfaces that is stored in rain barrels or cisterns for later use. (h) “Recycled water project area” means the portion in Emeryville of an area shown on the most recent recycled water project map from the recycled water provider, that can or may in the future use recycled water.
(i) “Recycled water” means water which, as a result of treatment, is suitable for beneficial use that would not otherwise occur.
(j) “Rehabilitated landscape” means any relandscaping project in which the modified area was previously planted and the modified landscape area is equal to or greater than two thousand five hundred (2,500) square feet.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 16-005, eff. Oct. 20, 2016) DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Article 7. Other Site Development Regulations
9-4.701 Minimum Lot Area and Width.
(a) Minimum Lot Area. No minimum lot area is prescribed except in the RM Medium Density Residential zone, in which the minimum lot area shall be two thousand five hundred (2,500) square feet. (b) Lot Width.
(1) No minimum lot width is prescribed except in the RM Medium Density Residential zone, in which the minimum lot width shall be twenty-five feet (25'). (2) “Lot width” shall mean the narrowest distance between the side lot lines, measured at right angles to the lot depth.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) 9-4.702 Minimum Dwelling Unit Area.
(a) RM Zone. In the RM Medium Density Residential zone, each dwelling unit, except an accessory dwelling unit or a junior accessory dwelling unit, shall have a minimum floor area of not less than five hundred (500) square feet.
(b) Other Zones. In all other zones, no minimum dwelling unit area is prescribed. All dwelling units shall comply with applicable building code requirements in Title 8. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021)
9-4.703 Pedestrian Access.
(a) Nonresidential uses. Unless the Director determines that this is infeasible due to site constraints or other compelling factors, the main pedestrian entrance to a nonresidential building shall be located on the public sidewalk; any entrances from parking areas shall be incidental or for emergency use only. The main pedestrian entrance shall be kept open to the public during all hours when the building is open for public access.
(b) Residential uses (Ground-Floor Entrances). To the extent feasible, tThe front doors of exterior ground floor residential dwelling units and Live/Work Units which are adjacent to the publicright of way shall be oriented to the public sidewalk. Where units can only be accessed from the interior of a site, a pedestrian walkway shall connect to a public sidewalk. Entrances facing a public right-of-way shall be emphasized with a projection, such as a porch or stoop, or recessed, with a minimum depth of five feet and a minimum width of six feet. Such a porch or stoop that complies with the requirements of Section 9-4.303 may apply towards private open space requirements.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) 9-4.704 Recycling and TrashDiscards Areas.
(a) Applicability. All projects must include a discards collection plan for trash, recycling, and compost, as described in the GUIDE to Requirements for a Discards Collection Plan for New and Remodeled Projects. All projects must include a discards plan showing trash, recycling, and . Residential projects of ten (10) units or more and nonresidential projects of ten thousand (10,000) square feet or more shall be subject to the requirements of section.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
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The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (b) Standards. Adequate dedicated storage and collection space shall be provided for trash, recyclables and compostables, subject to the following standards:
(1) The amount of space provided shall reflect the estimated volumes of trash and recyclable and compostable materials to be generated. Within this space, separate and dedicated containers shall be provided for trash and recyclable and compostable materials. (2) Any chutes shall be separate, dedicated, and properly labeled, and shall be provided for each collected stream of materials (i.e., trash, recyclables and compostables). (3) The amount of space provided for the collection and storage of recyclable materials shall be at least as large as the amount of space provided for the collection and storage of trash materials and the recycling area shall be at least as accessible and convenient for tenants and collection vehicles as the trash collection and storage area.
(4) An appropriately sized and designed area for wastes banned from regular trash containers such as electronics, fluorescent lamps and batteries shall be designated. (5) Residential properties shall provide an area for bulky item collection such as mattresses, furniture, tires and major appliances.
(6) Trash, recycling and composting storage areas shall include adequate space for the maintenance and servicing of containers for all materials that are provided by local hauling companies. (7) Trash, recycling and composting storage areas shall be easily accessible for collection vehicle personnel and may be located either indoors or outdoors. a. To the extent feasible, an indoor recycling and trash room or area shall be located on an exterior wall of the building with an adequately sized door or gate access to the street so as to minimize distance for the collection vehicle personnel and eliminate temporary outdoor storage of containers on collection days.
b. An outdoor recycling and trash area shall be completely screened and covered from off-site view by a solid fence or masonry wall at least six feet (6') high in harmony with the architecture of the building(s). A sewer drain, fire sprinklers, and roofing shall be provided per City standards.
c. If the day-to-day-use recycling and trash area cannot be located adjacent to the street, a service-day location easily accessible by the collection vehicle staff shall be provided in an area adjacent to the street, and shall be covered from off-site view by a solid fence or masonry wall at least six feet (6') high in harmony with the architecture of the building(s) and covered by a roof. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) 9-4.705 Outdoor Lighting and Illumination.
(a) Applicability. The provisions of this section shall apply to all new and replacement outdoor lighting devices, not including signs.
(b) Exemptions. The following types of light fixtures shall be exempt from the provisions of this section:
(1) Temporary emergency lighting needed by police, fire, and other emergency services. (2) Temporary lights used for holiday decorations.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (c) General Regulations.
(1) All exterior lighting shall be designed to confine direct rays to the premises. No light fixture shall emit any direct light above a horizontal plane through the fixture. No spillover beyond the property line shall be permitted, except onto public thoroughfares; provided, however, that no such light shall cause a hazard to motorists.
(2) Exterior light fixtures attached to a building shall be designed as an integral part of the building and may highlight building forms and architectural details. (3) Lighting that highlights architectural features or art shall be limited to one (1) one hundred (100) watt bulb or twenty (20) watt equivalent LED, and emit less than one thousand six hundred (1,600) lumens, per fixture.
(4) All exterior lighting on a nonresidential property shall be on a time clock or photo-sensor system so as to be turned off during daylight hours and during any hours when the facility is not in use and the lighting is not required for security.
(5) Security wall lighting shall be limited to eight feet (8') above ground level. (6) All lighting shall meet any applicable energy efficiency requirements of the building regulations in Title 8.
(d) Parking Lot Illumination. Except for those serving four (4) or fewer residential units, all open parking areas shall be provided with exterior lighting as required by Section 9-4.406(k). (e) Prohibitions. Outdoor lighting fixtures shall not include flickering or flashing lights, spotlights, searchlights, lasers, beams, floodlights, or mercury vapor lights. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 4, Ord. 20-15, eff. Aug. 6, 2020) 9-4.706 Residential Windows
(a) Applicability. Residential projects shall be subject to the requirements of this section. (b) Window Recess and Trim. All residential windows visible from the public right-of-way must be:
(1) Recessed a minimum of 3 inches from the outer wall surface; or (2) Surrounded by trim, not made of stucco, of at least 3 inches in depth from the outer wall; or (3) A combination of 1 and 2, sufficient to create a minimum recess of 3 inches from the face of the window to the face of the trim.
(c) Divided Lites. Simulated divided-lite grilles are acceptable only if they are located on the outside of the window glass and have a depth of at least 1/4 inch. (d) Noise Reduction. All windows shall be double-pane to mitigate noise impacts. 9-4.707 Sustainability
Projects shall comply with applicable requirements of the California Green Building Standards Code (CALGreen) as adopted by the City of Emeryville (Emeryville Municipal Code Title 8, Chapter 8).

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. 9-4.708 Public Improvements
(a) Sidewalk Dimensions. Sidewalks, curbs, and gutters shall be provided pursuant to Emeryville Municipal Code Sections 7-3.05 and 7-3.07. Sidewalks shall be designed with the following zones and dimensions.
(1) Sidewalk Zones. Sidewalks shall be designed with three zones, as illustrated in Figure 9-

4.709:
a. Frontage Zone: The area furthest from the curb represents the interface between the street and the building, providing accessibility and visibility between buildings and the street. Building entrances may be signified with architectural detailing, articulation, canopies, or signage. Within the Neighborhood Retail Overlay, Neighborhood Centers, and Pedestrian Priority Zones, this area may include space for outdoor dining, displays (e.g., produce stands), landscaping, and/or plazas. It is measured to face of building.
b. Pedestrian Pathway: This middle area is the unobstructed path of travel for pedestrians.
c. Curbside Zone: The area closest to the curb provides space for street trees, landscaping, street lights, bus stops, street signs, benches, trash/recycle bins, bicycle parking, and other street furniture. This area also represents the barrier between parking or driving/biking lanes and the pedestrian pathway. It is measured to face of curb.

Figure 9-4.709(a): Sidewalk Zones
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (2) Sidewalk Dimensions: Sidewalk dimensions shall be constructed with the minimum dimensions identified in Table 9-4.709(a), based on the street type. Overall sidewalk dimension is measured from the face of curb to building face. a. Public Access Easement: Where said dimensions require a portion of the sidewalk to be on private property, the property owner shall grant a Public Access Easement to the City guaranteeing public access to the sidewalk at all times. A minimum clearance of 12 feet above the finished floor is required, but floor area may be built above that height. The frontage zone can include building stairs or ledges that lead to the sidewalk, and pedestrian amenities, such as benches, sidewalk cafe seating pursuant to Section 9-5.1500, public art, and landscaping. Architectural detailing such as canopies, awnings, lighting fixtures or under soffit lighting shall be designed to support places for activity, weather protection, and safety. Applicants subject to a Public Access Easement for sidewalk area shall still be afforded the maximum floor area ratio allowed for the property.
b. Exceptions: Projects that reuse and/or renovate existing buildings that do not meet dimension requirements are exempted from these regulations.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Table 9-4.709(a): Minimum Sidewalk Dimensions
Street Types Overall Sidewalk
Dimension
Frontage
Zone
Pedestrian
Pathway Curbside
General Street 15 3 8 4
Other Streets
General Street (including Eastern
Residential Neighborhoods) (1) 12 3 6 3
Doyle Street (62nd to Ocean) (2) 16-19 5-8 5 6
Hollis Street (2) 15 9 6
Shellmound Street (Christie Avenue to
64th Street) (3) 8 8
Park Avenue District (4)
Park Avenue (West of Hollis Street) 20 4 9 7
Other Streets in the Park Avenue District 12 6
Notes:
(1) See General Plan Section 5.2: Areas and Districts for boundaries of the Eastern Residential Neighborhoods, including Doyle Street Neighborhood north of 53rd Street, between Doyle Street and Vallejo Street and Triangle Neighborhood east of San Pablo Avenue, between 40th Street and 53rd Street.
(2) For properties and street segments within North Hollis Area Urban Design Program, see details in Program pages 23-24 for where various minimums apply.
(3) See the Shellmound Streetscape Design Guidelines.
(4) For properties and street segments within the Park Avenue District Plan, see details and exceptions on District Plan pages 55-61.
(b) Street Lights. Street lights shall be provided per the City of Emeryville Standard Street Furniture Catalog.
(c) Street Trees and Tree Wells. Street trees shall be provided consistent with the City of Emeryville Tree Planting Opportunity Inventory and Planting Guide and the Urban Forestry Ordinance (Chapter 10 of Title 7 of the Emeryville Municipal Code).
(d) Street Furniture. Any street furniture provided shall be consistent with the Standard Street Furniture Catalog.
(e) Bus Stops. Where existing or proposed bus stops are located along the project frontage, the applicant shall provide a bus shelter, bench, lighting, and trash receptacle per the City of Emeryville Standard Street Furniture Catalog.
(f) Transportation Improvements. Residential projects larger than 10 units or non-residential developments larger than 10,000 square feet shall be required to prepare a non-CEQA transportation study which shall include motor vehicle access, parking, and loading; bicycle circulation, access, parking, DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. and loading; pedestrian circulation and access; and shall implement all recommendations of the study.

Such recommendations may include, but are not limited to, new transit stops, bicycle corrals, signage, crosswalks, intersection improvements, pedestrian and bicycle signals, and benches.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 4. SITE DEVELOPMENT REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Article 8. Bird-Safe Buildings
9-4.801 Purpose.

The purpose of this article is to reduce the risk of bird-to-building collisions. (Sec. 3 (part), Ord. 20-015, eff. Aug. 6, 2020)
9-4.802 Applicability.

The bird-safe building standards apply to the following types of projects when such projects require a building permit:
(a) New Construction. New buildings, additions, and renovations involving new glass or other rigid transparent material.
(b) Window Replacement. Any replacement window, glass door, or other rigid transparent material. (c) Glass Structures. Any new or replacement structure that has transparent glass or rigid transparent walls, including but not limited to freestanding glass walls, wind barriers, skywalks, balconies, greenhouses, gazebos, pavilions, passageways, and rooftop appurtenances.

The bird-safe glazing requirement must be met on any window or contiguous glazed segment (area within mullions and/or frames) with an area of twelve (12) square feet or more. (Sec. 3 (part), Ord. 20-015, eff. Aug. 6, 2020)
9-4.803 Bird-Safe Glazing Requirement.

At least ninety percent (90%) of the glazing on any building facade or glass structure, and all glass near within 20 feet of plants or water features, shall include features that enable birds to perceive the glass as a solid object. The requirement can be satisfied by using one or more of the following treatments:
(a) External screens installed permanently over glass such that the glass does not appear reflective. (b) Translucent or opaque glass, or transparent or opaque film applied to glass. (c) Glass covered with patterns such as dots, stripes, images, art, or abstract patterns. Such patterns may be etched, fritted, stenciled, silk-screened, or applied to the glass as films or decals, or another method of permanently incorporating the patterns into or onto the glass. Elements of the patterns must be either at least one-eighth inch (1/8") tall and separated by no more than two inches (2") vertically, or at least onequarter inch (1/4") wide and separated by no more than four inches (4") horizontally, or both (the two (2) by four (4) rule).
(d) Weatherproof grates, netting or cords mounted outside of the glass, near but not touching the glass, meeting the two (2) by four (4) rule.
(e) Grooved glass block.
(f) Other glazing treatments providing an equivalent level of bird safety and approved by the Planning Director.
(Sec. 3 (part), Ord. 20-15, eff. Aug. 6, 2020)
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
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The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. 9-4.804 Alternative Compliance.

As an alternative to meeting Section 9-4.803, Bird-Safe Glazing Requirement, an applicant may propose building and fenestration designs that will minimize bird collisions and achieve an equivalent level of bird safety. The applicant shall submit a bird collision reduction plan along with the project application. The bird collision reduction plan shall be prepared by a qualified biologist. Design solutions may include but need not be limited to the following techniques, singularly or in combination:
(a) Layering and recessing of glazed surfaces.
(b) Angled or faceted glazing that minimizes reflectivity and transparency. (c) Louvres or grates not meeting the two (2) by four (4) rule. (d) Overhangs or awnings.
(e) Clear (nongrooved) glass block.
(f) Grilles that allow birds to perceive the grilles, together with the glass behind them, as solid. (g) Glass embedded with photovoltaic cells.
(h) Placement of landscaping in such a way as to minimize bird collisions, including but not limited to placing outdoor plants directly against windows.
(Sec. 3 (part), Ord. 20-015, eff. Aug. 6, 2020)
9-4.805 Interior Lighting.
(a) Nonresidential spaces shall have automatic light shutoff systems using timers, photo sensors, motion sensors, or a combination of sensors.
(b) Shades, blinds, curtains, or other window coverings for all windows shall be included as part of the construction project for which the building permit is issued. (Sec. 3 (part), Ord. 20-015, eff. Aug. 6, 2020)
9-4.806 Site Design.
(a) No mirrors shall be placed in or near planted areas or water features, or in locations where they would reflect trees, plants, or water.
(b) Vent grates shall meet the two (2) by four (4) rule as described in Section 9-4.803(c). (Sec. 3 (part), Ord. 20-015, eff. Aug. 6, 2020)
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 5. CITYWIDE USE AND DEVELOPMENT

REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

CHAPTER 5.

CITYWIDE USE AND DEVELOPMENT REGULATIONS
Article 12. Preservation of Structures
9-5.1201 Purpose
9-5.1202 Applicability
9-5.1203 Conditional Use Permit Required
9-5.1204 Application
9-5.1205 Approval Procedure for Demolition
9-5.1206 Findings
9-5.1207 Conditions of Approval
9-5.1208 Appeals
9-5.1209 Effect on Building Permits
9-5.1210 Designation of Significant Structures
9-5.1211 Criteria for Adding or Deleting Significant Structures 9-5.1212 Definitions
Article 14. Accessory Dwelling Units
9-5.1401 Purpose
9-5.1402 Applicability
9-5.1403 Approval Procedure
9-5.1404 Minimum Allowable Accessory Dwelling Unit
9-5.1405 Where Allowed
9-5.1406 Building Intensity and Residential Density
9-5.1407 Number of Accessory Dwelling Units and Junior Accessory Dwelling Units 9-5.1408 Size of Accessory Dwelling Unit
9-5.1409 Parking
9-5.1410 Dimensional Requirements
9-5.1411 Design
9-5.1412 Other Requirements
Article 20. Multi-Unit Residential Developments
9-5.2001 Purpose
9-5.2002 Applicability
9-5.2003 Unit Mix
9-5.2004 Residential and Family Friendly Design
9-5.2005 Exceptions
9-5.2006 Affordable Housing
9-5.2007 Ownership Housing
9-5.2008 Transportation Demand Management
9-5.2009 Multi-Unit Residential Design and Amenities.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 5. CITYWIDE USE AND DEVELOPMENT

REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Article 12. Preservation of Structures
9-5.1201 Purpose.

This article establishes regulations for the preservation of significant structures and residential structuresunits. The purpose of these regulations is to encourage the preservation and reuse of such structures. Significant structures reflect the City’s heritage, contribute positively to the City’s aesthetic character, and provide opportunities for reinvestment. The City’s existing housing stock is an important community resource on which the supply and affordability of shelter and maintenance of the community’s character dependwhich the City desires to preserve.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (Exh. A) (part), Ord. 15-011, eff. Jan. 14, 2016)
9-5.1202 Applicability.

This article applies to any project that involves the demolition of a significant structure or residential unit that is a “protected unit”, as defined in California Government Code Section 66300(d)(2)(F)(vi),, or the substantial alteration of the exterior appearance of a significant structure. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (Exh. A) (part), Ord. 15-011, eff. Jan. 14, 2016)
9-5.1203 Conditional UsePreservation Permit Required.
(a) Preservation and Reuse. Preservation and reuse of a significant or residential structure shall require approval of a minor conditional use permit pursuant to Article 5 of Chapter 7 and the additional findings specified in Section 9-5.1206(a). This shall be in addition to whatever planning permits are otherwise required for the proposed project (e.g., conditional use permit, design review), which shall be processed concurrently with the conditional use permit for preservation and reuse. (b) Demolition. Demolition of a significant or residential structure shall require approval of a conditional use permit by the City Council, upon a recommendation of the Planning Commission, pursuant to Article 5 of Chapter 7 and the additional findings specified in Section 9-5.1206. This shall be in addition to whatever planning permits are otherwise required for the proposed project (e.g., conditional use permit, design review, planned unit development), which shall also require City Council approval and shall be processed concurrently with the conditional use permit for demolition.

A preservation permit is required pursuant to this Article 12 for the preservation and demolition of significant structures and the demolition of residential units. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (Exh. A) (part), Ord. 15-011, eff. Jan. 14, 2016; Sec. 3 (Exh. A) (part), Ord. 20-005, eff. May 21, 2020) 9-5.1204 Application.

In addition to the documents required for a conditional use permit application pursuant to Article 5 of Chapter 7, an application for a conditional use permit for the preservation and reuse or the demolition of a significant or residential structurepreservation permit shall be accompanied by the following documents:
(a) Existing Structure. A location map, the address and Assessor’s parcel number of the property, a plan showing the footprint of the structure, and photographs of all sides of the structure. (b) Justification. A letter stating why the preservation and reuse or the demolition is needed and how the findings set forth in Section 9-5.1206 could be made.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 5. CITYWIDE USE AND DEVELOPMENT

REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (c) Proposed Structure. Except when a preservation permit is sought for demolition to protect public safety (Sections 9-5.1206(a)(3) and 9-5.1206(b)(1)d.), a description of the proposed preservation and reuse of the existing structure or of any proposed replacement structure, a description of proposed uses, plans, elevations and color and materials board.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (Exh. A) (part), Ord. 15-011, eff. Jan. 14, 2016)
9-5.1205 Approval Procedure for DemolitionPreservation Permit. (a) Planning Commission Recommendation. After holding a public hearing, noticed as required by Chapter 7, the Planning Commission shall recommend a course of action on the application for a conditional use permit to demolish a significant or residential structure and on any application for a replacement project, including any required approvals such as design review, use permit, variance, rezoning and/or planned unit development. At the conclusion of the public hearing, the Planning Commission, after making the required findings, shall recommend approval, conditional approval, or denial of the conditional use permit for demolition and any replacement project. The Planning Commission shall forward to the City Council the application, the appropriate environmental documents and the Commission’s written report recommending approval, conditional approval, or denial of the conditional use permit for demolition and any replacement project. (b) City Council Action. The City Council shall take final action on the application for a conditional use permit to demolish a significant or residential structure and on any application for a replacement project, including any required approvals such as design review, use permit, variance, rezoning and/or planned unit development. Within thirty (30) days following receipt by the City Clerk of the reports forwarded by the Planning Commission, a public hearing, noticed as required by Chapter 7, shall be held by the City Council for action on the conditional use permit for demolition and required approvals for any replacement project. At the conclusion of the public hearing, the City Council, after making the required findings, shall approve, conditionally approve, or deny the conditional use permit for demolition and any replacement project.

Except for preservation permits for the preservation of significant structures (Section 9-5.1206(a)(1)) and for demolition to protect public safety (Sections 9-5.1206(a)(3) and 9-5.1206(b)(1)d.), the Planning Commission shall hold a public hearing noticed as required by Chapter 7 for conditional use permits and provide a recommendation to the City Council on the application. The City Council shall hold a public hearing noticed as required by Chapter 7 for conditional use permits and make a final determination on the application.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (Exh. A) (part), Ord. 15-011, eff. Jan. 14, 2016)
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 5. CITYWIDE USE AND DEVELOPMENT

REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. 9-5.1206 Findings.
(a) Significant Structures.
(1) Preservation and Reuse of Significant Structures. To approve a proposalpreservation permit for the preservation or reuse of a significant structure, the following finding must be made by the Community Development Director:
a. That the proposed project will retain and enhance all or most of the features of the Significant Structure that make it significant, as described and indicated in Table 9-

5.1210.
(2) Demolition. The City Council may authorize To approve a preservation permit for the demolition and replacement of a significant structure only if the following occurs:

Replacement of Significant Structure. the City Council approves a replacementmust either find that the significant structure based on all ofis being replaced with publicly accessible open space or must make the following findings:
i. The elimination of the significant structure would not be materially detrimental to the public interest of the affected neighborhood of the City; and ii. The replacement structure would feature design quality that is as high as or higher than the structure to be demolished and that it is compatible with the character of the neighborhood; and
iii. The replacement structure will promote a pedestrian orientation of the neighborhood in which it is located; and
iv. The proposed use would be unable to occupy the existing structure, or would be cost prohibitive as an adaptive reuse of the existing structure due to required seismic retrofit or other factors.
(3) Demolition for the Purpose of Public Safety. The City Council makes one (1) or more of the following findings whenCommunity Development Director may approve demolition is necessaryof the significant structure to preserve public safety (i. – iv.)if the applicant agrees to submit an application for a replacement structure consistent with Section 9-

5.1206(a)(2) within nine (9) months from the date of approval and (v.):the Community Development Director determines that one (1) or more of the following conditions are present:
i. The unitsignificant structure is irrecoverably damaged due to natural disaster; or
ii. The unitsignificant structure or lot is irrecoverably contaminated with one (1) or more toxins, such that the appropriate regulatory agency requires demolition or partial demolition of the structure before soil remediation or renovation and reuse of the structure can occur; or
iii. The unit will be replaced by publicly accessible landscaped open space; or iv. demolition of the significant structure is in the best interest of the public health, welfare, or safety, and
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 5. CITYWIDE USE AND DEVELOPMENT

REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. v.iii. The applicant shall replace the significant structure per Section 9-5.1206(2)(a) within a specified time period as directed by the City Council. (b) Residential Units
(1) Demolition. Preservation and Reuse. To approve a proposal for the preservation or reuseThe City Council shall authorize demolition of a residential units,unit only in the following finding must be madesituations:
a. That the applicant will retain and incorporate the existing residential units or will provide at least the same number of residential units as the existing structure, either on site or elsewhere within the City of Emeryville.
(2) Demolition. Replacement of Residential Units. The City Council may authorize demolition of a residential unit only if one (1) or more of the following occurs:
a. if itReplacement of Residential Units. The City Council approves a replacement units based on all of the following findings:
i. The applicant will provide at least the same number of residential units as the demolished structure, either on site or elsewhere within the City of Emeryville; and
ii. The elimination of the residential structure would not be materially detrimental to the housing needs or the public interest of the affected neighborhood or the City; and
iii.ii. The applicant has stated the reason for the proposed demolition, and provided evidence that it is more expensive to rehabilitate the existing building/s than to rebuild. This evidence has been must be evaluated and verified by a third party, that has been approved by the Chief Building Official, at the applicant’s expense.
b. Replacement of Protected Residential Units. Additionally, If a unit is defined as a Protected Residential Unit, per California Government Code Section 66300, the City Council shall approve the replacement based on the requirements of California Government Code Section 66300, and the findings required by subsection a. above. iv. Replacement of Units with Rent Levels Less Than Fair Market (Up to 10 Unit Projects). Additionally, For all projects with no more than 10 units, and that are not covered by Protected Units per California Government Code Section 9-5.1206(b)(2)(a)(iv),66300 but have rent levels that are less than fair market, the City Council approvesshall approve demolition of a residential unit only if a replacement structure or structures are approved based on the following findings:
c. The applicant will provide at least required by subsection a. above and the same number of project replace any residential units as the demolished structure, either on site or elsewhere within the City of Emeryville; and
d.c. The applicant will replace any housing units with rent levels set at less than fair market rent (FMR) (for the applicable unit bedroom count) within the last five years, as published by the Department of Housing & Urban Development for OaklandFremont CA HUD Metro FMR Area for the current year. Replacement units must be equivalent size, meaning the same or more bedrooms, and shall have a rent level DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
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The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. affordable to persons and families below 80% of Area Median Income for at least 55 years. The applicant shall must also enter into a regulatory agreement with the City of Emeryville to provide the affordable units.
e.d. Demolition for the Purpose of Public Safety. The City Council makes one (1) or more of the following findings when demolition is necessary to preserve public safety (i. – iv.) and (v.):The Community Development Director may approve demolition of residential units to preserve public safety if the applicant agrees to submit an application for a replacement structure consistent with Section 9-5.1206(a)(2)a. within nine (9) months from the date of approval and the Community Development Director determines that one (1) or more of the following conditions are present::
i. The residential unit is irrecoverably damaged due to natural disaster; or ii. The residential unit or lot is irrecoverably contaminated with one (1) or more toxins, such that the appropriate regulatory agency requires demolition or partial demolition of the structure before soil remediation or renovation and reuse of the structure can occur; or
iii. The unit will be replaced by publicly accessible landscaped open space; or iv.iii.Demolition of the residential unit is in the best interest of the public health, welfare, or safety, and.

The applicant shall replace all demolished residential units per Sections 9-5.1206(b)(2)(a) within a specified time period as directed by the City Council.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (Exh. A) (part), Ord. 15-011, eff. Jan. 14, 2016)

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 5. CITYWIDE USE AND DEVELOPMENT

REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Article 14. Accessory Dwelling Units and Junior Accessory Dwelling Units 9-5.1401 Purpose.

This article establishes regulations for accessory dwelling units and junior accessory dwelling units.

These dwelling units provide a valuable housing resource and help to achieve the goals, objectives, and policies of the Housing Element of the General Plan to promote a range of affordability levels. The purpose of these regulations is to encourage the establishment of accessory dwelling units and junior accessory dwelling units as accessory uses in conjunction with principal residential uses, and to provide for their ministerial approval in conformance with State law. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021)
9-5.1402 Applicability.

The provisions of this article apply to any proposal to establish one (1) or more accessory dwelling unit(s) or junior accessory dwelling unit(s), as defined in Section 9-2.702(b), as an accessory use in conjunction with a principal residential use. Should any provisions of these regulations be determined inconsistent with State law requirements for accessory dwelling units, State law shall prevail. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021)
9-5.1403 Approval Procedure.

A proposal for one (1) or more accessory dwelling unit(s), junior accessory dwelling unit(s) or both shall be reviewed by the Director, in consultation with the Chief Building Official and Fire Marshal, for conformance with the provisions of this article pursuant to the zoning compliance review procedures in Article 3 of Chapter 7 of this title. If the Director determines that the proposal conforms to the requirements of this article, a zoning compliance approval shall be issued within sixty (60) days after receipt of a complete application, unless it is concurrent with an application for a new principal residential use, in which case a zoning compliance approval shall be issued within sixty (60) days after approval of the new principal residential use. If the Director determines that the proposal does not conform to the requirements of this article, a zoning compliance approval shall not be issued, and the applicant shall be advised as to how the proposal could be brought into compliance. The Director’s determination of compliance or noncompliance is final, and may not be appealed to the Planning Commission pursuant to Article 14 of Chapter 7 of this title.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021)
9-5.1404 Minimum Allowable Accessory Dwelling Unit.

Nothing in this article shall be construed to prohibit an accessory dwelling unit with an area of up to eight hundred (800) square feet, height of up to sixteen feet (16'), side setbacks of no less than three feet (3'), and rear setbacks of no less than four feet (4').
(Sec. 3, Ord. 20-027, eff. Jan. 14, 2021)
9-5.1405 Where Allowed.
(a) Districts. Accessory dwelling units and junior accessory dwelling units are permitted only in the Residential zones, and in the MUR Mixed Use with Residential and MURS Mixed Use with Residential South zones.
(b) Other Uses. Accessory dwelling units and junior accessory dwelling units are permitted only on lots containing an existing or proposed residential use. Accessory dwelling units and junior accessory DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 5. CITYWIDE USE AND DEVELOPMENT

REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. dwelling units are permitted on such lots even if the existing lots and/or structures do not comply with the site development regulations in Chapter 4 of this title, and even if the lots are smaller than the minimum lot size for the zone. An accessory dwelling unit, a junior accessory dwelling unit, or both may be established in conjunction with the establishment of a new residential use. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021. Formerly 9-5.1404)
9-5.1406 Building Intensity and Residential Density.

Accessory dwelling units and junior accessory dwelling units are exempt from the building intensity (floor area ratio or FAR) and residential density regulations in Article 2 of Chapter 4 of this title. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021. Formerly 9-5.1405)
9-5.1407 Number of Accessory Dwelling Units and Junior Accessory Dwelling Units. (a) On a lot with one (1) existing or proposed single unit, up to one (1) accessory dwelling unit and one (1) junior accessory dwelling unit are allowed, as follows:
(1) Within the existing or proposed single unit structure, one (1) accessory dwelling unit or one (1) junior accessory dwelling unit is allowed if the accessory dwelling unit or junior accessory dwelling unit has exterior access separate from the principal single unit and side and rear setbacks adequate for fire safety;
(2) Detached from, or attached to but not within, the existing or proposed single unit, one (1) accessory dwelling unit is allowed, and may be combined with a junior accessory dwelling unit. (b) On a lot with more than one (1) existing dwelling unit:
(1) Within portions of existing two (2) unit or multi-unit structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements and garages, one (1) accessory dwelling unit or twenty-five percent (25%) as many units as exist on the site, whichever is more, is/are allowed; and
(2) Detached from, or attached to but not within, existing structures, two (2) accessory dwelling units are allowed.
(Sec. 3, Ord. 20-027, eff. Jan. 14, 2021)
9-5.1408 Size of Accessory Dwelling Unit.

An accessory dwelling unit may not have a floor area less than one hundred fifty (150) square feet nor greater than the largest principal unit with which it is associated or one thousand two hundred (1,200) square feet, whichever is greater. If an accessory dwelling unit is created inside an existing accessory structure, the structure may be expanded by up to one hundred fifty (150) square feet for ingress and egress.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021. Formerly 9-5.1406)
9-5.1409 Parking.
(a) Parking for Existing Residential Unit(s). Parking is not required for the existing residential unit(s) associated with an accessory dwelling unit. If a garage or carport is converted to or replaced by an accessory dwelling unit, no replacement parking is required.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 5. CITYWIDE USE AND DEVELOPMENT

REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (b) Parking for Accessory Dwelling Unit. Parking is not required for the accessory dwelling unit. If provided, parking for the accessory dwelling unit shall comply with the design standards for parking lots and structures in Section 9-4.406, except that parking spaces for the existing residential unit(s) and accessory dwelling unit(s) may be in tandem and may be provided in required setbacks. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 3 (Exh. A) (part), Ord. 20-005, eff. May 21, 2020; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021. Formerly 9-

5.1409)
9-5.1410 Dimensional Requirements.
(a) Lot. The lot on which an accessory dwelling unit or a junior accessory dwelling unit is to be located is not required to comply with the minimum lot size and width requirements of Section 9-4.701. (b) Setback. Except as provided in Section 9-5.1404, an accessory dwelling unit shall be subject to the same setback requirements as the existing residential structure(s), as set forth in Section 9-4.301, except that the minimum rear setback shall be four feet (4'), and no setback is required if a garage, carport, or other existing structure is converted to or replaced by an accessory dwelling unit. (c) Height. The maximum height limit of an accessory dwelling unit shall be thirty feet (30'), except that it shall step down at an angle from a maximum height of thirty feet (30') at fifteen feet (15') from the rear lot line to a maximum height of sixteen feet (16') at four feet (4') from the rear lot line. (d) Separation. An accessory dwelling unit may be either attached to or detached from the principal unit with which it is associated. If detached, the accessory dwelling unit shall be separated from the principal unit by no less than six feet (6').
(e) Usable Open Space. For lots with an accessory dwelling unit attached to or detached from the principal unit (adding to the building footprint on the lot), a common open space accessible to both the principal unit and the accessory dwelling unit must be provided. It shall be at least two hundred (200) square feet in area, with a minimum dimension of ten feet (10'). It shall be seventy-five percent (75%) open to the sky (not covered by building elements such as eaves, porches, or balconies), and at least twenty-five percent (25%) planted. It may also include such surfaces as patio paving, sport courts, and decking.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021. Formerly 9-5.1408)
9-5.1411 Design.

Any proposal for an accessory dwelling unit shall be subject to the applicable objective provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to the area of the City in which the proposed accessory dwelling unit is to be located, and to any other applicable design guidelines. No formal design review approval shall be required, but the design shall be evaluated as part of the zoning compliance review for conformance to the requirements of this section. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021. Formerly 9-5.1409)
9-5.1412 Other Requirements.
(a) Units May Not Be Sold Separately. An accessory dwelling unit and its associated residential structure may not be sold separately by conversion to condominiums, division of the lot on which they are located, or by other means.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 5. CITYWIDE USE AND DEVELOPMENT

REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (b) Short-Term Rental Prohibited. Short-term rentals are prohibited in accessory dwelling units and junior accessory dwelling units, even if they are single detached units. (c) Sewer Lateral. A proposal to establish an accessory dwelling unit shall comply with the provisions of Chapter 8 of Title 7 concerning sewer laterals, including the inspection, replacement or upgrading of the sewer lateral if required.
(d) Other Code Requirements. An accessory dwelling unit shall comply with all other applicable provisions of the Emeryville Municipal Code and State and Federal law, including, but not limited to, building and fire code requirements. Fire sprinklers are only required for the accessory dwelling unit if they are required for the principal unit or largest unit on the site. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021. Formerly 9-5.1410)

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 5. CITYWIDE USE AND DEVELOPMENT

REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Article 20. Multi-Unit Residential Developments
9-5.2001 Purpose.

This article establishes regulations for multi-unit residential developments. The purpose of these regulations is to help achieve the goals, objectives, and policies of the Housing Element of the General Plan to promote family- friendly, affordable housing by establishing minimum standards for unit mix and design, and providing incentives for affordable and ownership housing. (Sec. 8 (part), Ord. 15-009, eff. Dec. 3, 2015)
9-5.2002 Applicability.

Except as otherwise stipulated, the provisions of this article apply to any proposal to develop a multi-unit residential use, as defined in Section 9-2.207.
(Sec. 8 (part), Ord. 15-009, eff. Dec. 3, 2015)
9-5.2003 Unit Mix.

Multi-unit residential developments of ten (10) units or more shall comply with the following requirements:
(a) No fewer than fifty percent (50%) of all units in the development shall have two (2) or more bedrooms, including units with three (3) or more bedrooms as required by subsection (b) of this section. (b) No fewer than fifteen percent (15%) of all units in the development shall have three (3) or more bedrooms.
(c) No more than ten percent (10%) of all units in the development shall be studio units. (Sec. 8 (part), Ord. 15-009, eff. Dec. 3, 2015)
9-5.2004 Residential and Family Friendly Design.
(a) All multi-unit residential developments shall be subject to the applicable provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to residential use types, as required by Article 4 of Chapter 7.
(b) In addition to the requirements of subsection (a) of this section, all multi-unit residential developments of ten (10) units or more shall comply with the applicable provisions of the Emeryville Design Guidelines pertaining to Family Friendly family-friendly residential site and building design., and (c) Family Friendly Design. Aall Family Friendly family-friendly units required by Section 9-5.2003 shall comply with the applicable provisions of the Emeryville Design Guidelines pertaining to Family Friendly family-friendly residential unit design and shall comply with the following Family Friendly objective design standards.
1) Distinct common areas in units. However, each applicable unit shall include separate spaces for:
a. Dining area;
b. Living room;
c. Kitchen;
d. Bathroom(s); and
e. Storage/closet(s).
2) Common areas. Each applicable unit shall have:
a. Minimum living room dimensions of 10 feet, as shown in Figure 9-5.2004(a).

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 5. CITYWIDE USE AND DEVELOPMENT

REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. b. Minimum dining room dimensions of 9 feet, as shown in Figure 9-5.2004(a). c. Minimum areas for each shall be provided as identified in Table 9-5.2004.

Figure 9-5.2004(a): Minimum Living and Dining Room Dimensions (Family Friendly Units) Table 9-5.2004: Minimum Living and Dining Room Areas (Family Friendly Units) Bedrooms Minimum Living
Room Area (sq. ft.)
Minimum
Dimension
Minimum Dining
Room Area (sq. ft.)
Minimum
Dimension
2 168 10’-0” 108 9’-0”
3 192 10’-0” 117 9’-0”
4+ 216 10’-0” 135 9’-0”
3) Kitchens. Each applicable unit shall be designed with the following minimum requirements:
a. Required appliances:
i. Refrigerator with freezer;
ii. Stove/cooktop;
iii. Oven;
iv. Dishwasher;
v. Washer and dryer (in kitchen or other common room);
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 5. CITYWIDE USE AND DEVELOPMENT

REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. vi. Garbage disposal; and
vii. Microwave.
b. Appliance doors shall not be placed directly across from each other to avoid them opening into the same space unless there is more than 48 inches between them. c. Minimum counter and aisle dimensions, as shown in the example in Figure 9-5.2004(b):
i. Minimum of 12” of counter space on both sides of the stove/cooktop. ii. Minimum of 36” of counter space adjacent to one side of the sink and 24” of counter space on the other side of the sink. These areas may overlap with 12” of counter space adjacent to stove/cook top
iii. A total cumulative minimum linear counter distance of 9 feet. iv. Minimum of 48” aisle (distance between kitchen appliances and counters when placed across from each other, or the wall)
Figure 9-5.2004(b): Examples of Minimum Kitchen Dimensions (Family Friendly Units) 4) Closets and Storage Area. Each applicable unit shall include the following:
a. Entry area shall include:
i. A minimum of 3’ x 6’ entry hallway,.

A minimum of 3’x 6’ unenclosed storage space adjacent to the entrance hallway, clear of main entry door swings, closets, and appliances, for storage of household gear (i.e., strollers, bicycles, wheelchairs, outdoor toys, shoes, coat racks). The longer 6’ dimension shall be parallel to the path of travel.
ii. Entry closet with a minimum dimension of 3’ wide x 2’ deep shall be located in, or directly adjacent to, the entry area.
b. Cleaning and/or linen closet with a minimum dimension of 3' wide x 2' deep shall not be located in a bedroom.
c. Pantry in kitchen with a minimum dimensions of 3' wide x 2' deep. d. One closet in each bedroom. Bedroom closets shall have a minimum dimensions of 3' wide x 2' deep.
e. All closets/pantries listed above shall have doors and a minimum internal height of 8 feet. 5) Bathrooms. Each applicable unit shall include the following:
a. For units with two or more bedrooms, one bathroom shall be accessible from common areas such as hallways or sitting rooms (not part of a bedroom suite).

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 5. CITYWIDE USE AND DEVELOPMENT

REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. b. Units with three or more bedrooms shall have a minimum of two full bathrooms. c. In units with more than one bathroom, at least one bathroom shall have a bathtub. d. In multi-level units, at least one bedroom shall be located on the ground floor/entry level.

Provide at least one full bath on each floor that has a bedroom, and at least one half-bath on the floor with common spaces (living and dining room). e. For the purposes of this subsection, a “full bathroom” includes a room with a toilet, sink, and bath and/or shower. The equivalent of a full bathroom may be provided by having a bath and/or shower in one room and toilet and/or sink accessed separately in another room. A “half-bath” includes a toilet and sink only.
6) Bedrooms. Provide ceiling fans in all bedrooms.
7) Stairs. Provide covered risers in any stairways in each applicable unit. 9-5.2005 Exceptions.

Exceptions to the unit mix and design requirements of Sections 9-5.2003 and 9-5.2004, respectively, may be approved upon the granting of a conditional use permit by the City Council upon a recommendation of the Planning Commission. Examples include, but are not limited to, senior housing, special needs housing, and multi-generational housing. To grant such a conditional use permit, the following finding must be made in addition to the findings required by Article 5 of Chapter 7:
(a) There is a demonstrated need for a housing type or types that deviate from the unit mix and/or design requirements of this article. The importance of meeting this need outweighs the importance of compliance with these requirements.
(Sec. 8 (part), Ord. 15-009, eff. Dec. 3, 2015)
9-5.2006 Affordable Housing.
(a) Projects Not Seeking Development Bonuses. Multi-unit residential projects not seeking development bonuses, either pursuant to Section 9-4.204 or Article 5 of Chapter 5, shall pay the affordable housing impact fee pursuant to the requirements of Section 9-5.406, or may propose to provide affordable units in the project pursuant to the requirements of Section 9-5.407. (b) Projects Seeking Development Bonuses. Multi-unit residential projects seeking development bonuses, either pursuant to Section 9-4.204 or Article 5 of Chapter 5, shall be exempt from the affordable housing impact fee requirements of Section 9-5.406, but shall provide affordable units in the project pursuant to the applicable provisions of Section 9-4.204 or Article 5 of Chapter 5. (Sec. 8 (part), Ord. 15-009, eff. Dec. 3, 2015)
9-5.2007 Ownership Housing.

Multi-unit residential projects seeking development bonuses pursuant to Section 9-4.204 shall be subject to the following requirements for ownership housing:
(a) Condominium Map Required. A subdivision map for the purposes of creating condominium units shall be submitted and considered for approval concurrently with applications of other planning permits required for the project. The final subdivision map creating the condominium units shall be recorded prior to issuance of a certificate of occupancy for the project. (b) Project May Be Operated as Rental. Notwithstanding the requirements of subsection (a) of this section, the developer may retain ownership of all units and operate the project as a rental project. In this case, the requirements of Section 9-4.204 and Article 4 of Chapter 5 for rental residential projects shall apply.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 5. CITYWIDE USE AND DEVELOPMENT

REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (c) Requirements for Ownership Projects. If the developer elects to sell the individual units and operate the project as an ownership project, the following requirements shall apply:
(1) The requirements of Section 9-4.204 and Article 4 of Chapter 5 for ownership residential projects shall apply.
(2) Covenants, conditions and restrictions shall be recorded that include the current basic eligibility requirements of the Federal Housing Administration (FHA) for condominium project approval, including, but not limited to, requirements for owner occupancy and limitations on investor ownership and commercial space.
(d) Conversion to Ownership Project. Pursuant to the applicability provisions of Section 9-6.702, if a project that had been operated as a rental project pursuant to subsection (b) of this section is later converted to an ownership project through the sale of units, the residential condominium conversion requirements in Article 7 of Chapter 6 shall apply.
(Sec. 8 (part), Ord. 15-009, eff. Dec. 3, 2015)
9-5.2008 Transportation Demand Management.

Multi-unit residential developments of ten (10) units or more shall comply with the following transportation demand management (TDM) requirements(a) TDM Plan. As part of the development application, the developer shall submit a TDM plan for approval by the Planning Commission or City Council, as the case may be, in conjunction with approval of the development. Compliance with the approved TDM plan shall be a condition of approval of the development. The TDM plan shall be implemented for a minimum of forty (40) years following issuance of a certificate of occupancy. The primary goal of the TDM plan shall be to ensure that the average vehicle miles traveled (VMT) by residents of the development is less than the average citywide VMT. At a minimum, such plan shall include provide either: (a) one free monthly pass for unlimited local bus transit service for each per dwelling unit, or (b) an equivalent transportation benefit in an amount at least equal to the price of a nondiscounted unlimited monthly local bus pass.

Additionally, sSuch plan may includeprojects of 50 units or more shall provide transportation information displays and at least one of the following, but is not limited to, : (a) additional free transit passes for residents beyond one pass per unit, (b) free car sharing memberships for residents, or (c) free bike sharing memberships for residents, transportation information displays, and transportation information packets for residents.

The plan shall include an annual survey of residents of the development to measure the plan’s success at achieving its primary goal; such annual surveys shall be made available to the Community Development Director upon request. The Community Development Director may require modifications to the plan if it does not appear to be meeting its primary goal based on the annual survey. (b) GreenTRIP Certification. Residential developments that obtain GreenTRIP certification from TransForm, or other equivalent certification, prior to issuance of a certificate of occupancy shall be deemed to have met the requirement for a TDM plan in subsection (a) of this section. (Sec. 8 (part), Ord. 15-009, eff. Dec. 3, 2015)
9-5.2009 Multi-Unit Residential Design and Amenities.

Multi-unit residential developments shall comply with the following standards:

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 5. CITYWIDE USE AND DEVELOPMENT

REGULATIONS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (a) Mailboxes and Mail Rooms. All multi-unit projects shall have lockable mailboxes. All residential developments of ten (10) units or more shall also include secure mail rooms with package delivery areas accessible only to residents and delivery personnel (e.g., fob or key access required). (b) Daylight Corridors. On at least one end of every common building corridor more than 200 feet long there shall be a window of at least 20 square feet to allow daylight. (c) Furniture Plan. Applicants shall show furniture in unit plans submitted for planning approvals. d) Security. Exterior doors and entry gates shall be equipped with security cameras, or pre-wired for future installation of security cameras.
e) Amenities. New construction of multi-unit residential developments of ten (10) units or more shall include at least three of the following amenities:
1) On-site Day Care Center (9-2.317) as an accessory use. 2) Study room/business center (400 sq. ft. minimum size) with internet access for all residents and at least one on-site computer and printer available for all residents per 50 dwelling units provided.

This must be a completely independent facility from a conference or multi-purpose room. 3) Conference or multi-purpose room (400 sq. ft. minimum size). This must be a completely independent facility from a study room or library. Features may include but not be limited to kitchen facilities, restroom, and internet access.
4) Fitness center (400 sq. ft. minimum size) with amenities for all residents such as weights, fitness machines, stretching area, courts, etc.
5) Social activity areas such as a common seating area, joint eating and cooking area, play area, located within the common open space required by section 9-4.303 and meeting the design standards of section 9-4.303(b)(3).
6) Storage spaces for at least 25 percent of dwelling units; minimum 250 cubic feet in size, lockable, and separate from the unit
7) Pet amenities (e.g., relief area, washing facility); minimum 400 square feet exterior, 100 square feet interior)
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 7. ADMINISTRATION AND PERMITS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

CHAPTER 7.

ADMINISTRATION AND PERMITS
Article 3. Zoning Compliance Review
9-7.301 Purpose
9-7.302 Applicability
9-7.303 Procedures
9-7.304 Objective Design Review
9-7.3054 Appeals
Article 4. Design Review
9-7.401 Purpose
9-7.402 Applicability
9-7.403 Exemptions
9-7.404 Minor and Major Types of Design Review
9-7.405 Procedures
9-7.406 Design Review Criteria
9-7.407 Findings
9-7.408 Appeals
Article 16. Ministerial and Discretionary Approvals
9-7.1601 Purpose.
9-7.1602 Ministerial Approvals
9-7.1603 Discretionary Approvals
9-7.1604 Objective Standards
9-7.1605 Definitions
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 7. ADMINISTRATION AND PERMITS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Article 3. Zoning Compliance Review
9-7.301 Purpose.

This article establishes procedures for conducting zoning compliance review to ensure that each new or expanded use or structure complies with the applicable requirements of these planning regulations. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) 9-7.302 Applicability.

Zoning compliance review is required for all construction or new uses to determine whether they comply with the applicable provisions of these planning regulations. Before the City may issue any business license, design review permit, or building permit, the Director shall review the application to determine whether the use or construction complies with all provisions of these planning regulations and any planning permit issued pursuant to the requirements of these planning regulations or any previous regulations, and whether all conditions of such permits have been satisfied. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) 9-7.303 Procedures.

An application for zoning compliance review shall be filed and processed in accordance with the provisions of Article 2 of this chapter, Common Procedures. The Director shall review the application to determine whether the proposed use or construction is allowed by right, requires any type of planning permit, is allowed pursuant to any previously approved planning permit, or is prohibited. If the Director determines that the proposal conforms to the requirements of these planning regulations, a zoning compliance approval shall be issued. If the Director determines that the proposal does not conform to the requirements of these planning regulations, a zoning compliance approval shall not be issued, and the applicant shall be advised as to how the proposal could be brought into compliance. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) 9-7.304 Objective Design Review.

As part of zoning compliance review, any multi-unit residential development application that requires exterior modifications or new construction shall be subject to objective design review per Section 9-

7.404(a). If the project meets the contribution requirements of Section 3-2.403 then public art requirements shall apply.
9-7.3045 Appeals.

The Director’s determination of compliance or noncompliance may be appealed to the Planning Commission pursuant to Article 14 of this chapter.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
CHAPTER 7. ADMINISTRATION AND PERMITS

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Article 4. Design Review
9-7.401 Purpose.

This article establishes objectives, standards, and procedures for conducting design review. The purpose of these provisions is to ensure that development is of a high design quality and complies with the applicable provisions of the General Plan, including but not limited to its urban design goals and policies, the Emeryville Design Guidelines, and any other applicable design guidelines or criteria. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) 9-7.402 Applicability.

Except as specified in Section 9-7.403, design review is required for any exterior changes that alter the appearance of a property and are visible from the public right-of-way or from public open space, whether or not a building permit is required, including all projects that involve construction, reconstruction, rehabilitation, alteration, or improvements to the exterior of a structure; the erection, replacement, or alteration of signs; and changes in landscaping including all retaining walls and fences over six feet (6') tall. Design review shall be required for exterior alterations to a project approved under a previous design review permit, conditional use permit, variance, or planned unit development if such alterations are not authorized by the previous permit. Demolition and grading permits that are not associated with a construction project approved pursuant to a design review permit, conditional use permit, variance, or planned unit development shall also be subject to design review. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) 9-7.403 Exemptions.

The following exterior changes to a property shall be exempt from design review:
(a) Replacement in kind.
(b) Any work deemed by the Director to have a negligible visual effect. (c) Structures not visible from the public right-of-way or from public open space. (d) Landscaping less than one thousand (1,000)five hundred (500) square feet. (e) Projects consistent with a previous design review, conditional use permit, variance, or planned unit development approval.
(f) Accessory dwelling units, the design of which shall be reviewed as part of the zoning compliance review, pursuant to Section 9-5.1409.
(g) Solar panels.
(h) Exempt signs pursuant to Section 9-5.1605.
(i) Exterior alterations required by State or Federal law or other public agencies. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017) 9-7.404 Minor and Major Types of Design Review.

As provided in Article 1 of this chapter, Planning Decision Authority, the Director, Planning Commission, and City Council have authority to conduct design review. Objective, Mminor and major design review are established as follows:

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The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (a) Objective Design Review. The Director conducts objective design review in conjunction with zoning compliance review for multi-unit residential development applications and makes a decision to approve or deny the design. The Director shall review the application to determine whether the proposed project conforms to the applicable design standards as listed in the objective standards Section 9-7.1604 and related findings in Section 9-7.407. If the Director determines that the proposal conforms to the applicable objective design standards then objective design review shall be approved. If the Director determines that the proposal does not conform to the applicable objective design standards, the objective design review shall not be approved and the applicant shall be advised as to how the proposal could be brought into compliance.
(b) Minor Design Review. The Director conducts minor design review and makes a decision to approve, approve with conditions, or deny the design. The Director, at his or her discretion, may refer any such application for design review to the Planning Commission for a decision, in which case the application shall be reviewed under the major design review procedures. Projects subject to minor design review include the following:
(1) New construction or alteration of a Single Unit or Two (2) Unit residential use. (2) New construction or alteration of Multi-Unit residential uses with fewer than 10 units. (23) Alterations and additions to existing buildings that do not alter the exterior building envelope, or that do alter the exterior building envelope but do not result in more than five thousand (5,000) square feet of new floor area.
(34) New construction and alteration of accessory structures and facilities, whether or not a building permit is required.
(45) Signs that are eligible for minor design review pursuant to Article 16 of Chapter 5. (56) Landscaping of equal or more than five hundred (500) one thousand (1,000) square feet, including all retaining walls, and fences and gates over six feet (6') tall. (67) Collection bins as defined in Section 9-2.702(o).
(78) Demolition and grading permits that are not associated with a construction project approved pursuant to a design review permit, conditional use permit, variance, or planned unit development and that do not involve demolition of a significant or residential structure. (89) Any other design review application that the Director deems unlikely to have a visual or functional impact of substantial consequence because of its location, scale, or type. (cb) Major Design Review. A project that does not quality for minor design review pursuant to subsection (a) of this section and is not exempt from design review pursuant to Section 9-7.403 shall be subject to major design review. The Planning Commission conducts major design review and makes a decision to approve, approve with conditions, or deny the design. Design review that is combined with another permit application that requires Planning Commission approval shall be conducted by the Planning Commission under the major design review process. Design review that is associated with the demolition of a significant or residential structure, pursuant to Article 12 of Chapter 5, shall be conducted by the City Council under the major design review process. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
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The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. 9-7.405 Procedures.

An application for design review shall be filed and processed in accordance with the provisions of Article 2 of this chapter, Common Procedures, including conditions of approval, expiration, extensions, and modifications.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) 9-7.406 Design Review Criteria.

Applications for design review shall be reviewed for conformance with the applicable provisions of the General Plan, including but not limited to its urban design goals and policies, the Emeryville Design Guidelines, and any other applicable design guidelines or criteria. Such design guidelines and criteria include, but are not limited to, the North Hollis Area Urban Design Program, San Pablo Avenue Urban Design Plan, South Bayfront Design Guidelines, Park Avenue District Plan, and Shellmound Design Guidelines. Design review shall be based on an evaluation of the design of the proposed project, including, but not limited to:
(a) Sidewalks and landscaping.
(b) Parking and access.
(c) Site planning.
(d) Building massing.
(e) Building form and articulation.
(f) Architecture and building materials.
(g) Open space.
(h) Signs.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) 9-7.407 Findings.

To approve a design review application, all of the following findings must be made:
(a) The design of the project is consistent with the General Plan, including but not limited to its urban design goals and policies.
(b) The design of the project conforms to the Emeryville Design Guidelines and any other applicable design guidelines or criteria. For Major and Minor Design Review projects, iIf strict compliance with the provisions of such design guidelines or criteria is not achieved, the applicant must convincingly demonstrate that the intent of the guidelines or criteria is met. (c) Major and Minor Design Review only: The project is of a high design quality that is compatible with, and will not adversely affect, the surrounding area. (d) The project is consistent with objective standards, including but not limited to standards listed in Section 9-7.1604.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
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The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. 9-7.408 Appeals.

The Director’s decision on a minor design review application may be appealed to the Planning Commission, and the Planning Commission’s decision on a major design review application may be appealed to the City Council, pursuant to Article 14 of this chapter. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
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The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

ARTICLE 16: MINISTERIAL AND DISCRETIONARY APPROVALS
9-7.1601 Purpose.

The purpose of this Article is to differentiate between ministerial and discretionary planning approvals, and to stipulate the regulations that apply to each.
9-7.1602 Ministerial Approvals
(a) Applicability. Ministerial approvals are those that require no discretion on the part of the City. A project that does not require a planning permit under these Planning Regulations, as defined in Section 9-8.216(y), shall be deemed to be ministerial for purposes of these Planning Regulations. (b) Procedure. Ministerial approvals shall be processed pursuant to the Zoning Compliance Review procedures in Article 3 of this Chapter.
(c) Standards. Ministerial approvals shall be subject only to the applicable objective development standards, which include but may not be limited to those standards listed in Section 9-7.1604(a). (d) Conversion to Discretionary Approval. During the course of project review, an applicant may request that a ministerial application be converted into a discretionary approval if all of the standards specified in subsection (c) above for a ministerial approval cannot be met. The project shall then be processed pursuant to Section 9-7.1603 below. 9-7.1603 Discretionary Approvals
(a) Applicability. Discretionary approvals are those that require discretion on the part of the City. A project that requires a planning permit under these Planning Regulations, as defined in Section 9-

8.216(y), shall be deemed to be discretionary for purposes of these Planning Regulations. (b) Procedure. Discretionary approvals shall be processed pursuant to the applicable procedures in this Chapter.
(c) Standards. Discretionary approvals shall be subject to the applicable objective development standards listed in Section 9-7.1604(a) and to all other applicable standards, regulations and guidelines of these Planning Regulations and the Emeryville Design Guidelines, and any other applicable criteria.
(d) Deviations. Discretionary approvals may deviate from the standards and regulations of these Planning Regulations by following the applicable procedures, including, but not limited to, conditional use permits, design review permits, exceptions to standards, and variances. 9-7.1604 Objective Standards
The following represents a cross-referenced list of objective standards that apply to all projects, as relevant. This list is provided for convenience, is not intended to be regulatory, and may not be comprehensive, complete, or up-to-date.
(a) General
● Rules for Construction of Language - 9-1.202
● Rules for Rounding Numbers - 9-1.203
● Definitions - 9-8
● Residential Amenities - 9-5.2009
● Contribution for Art in Public Places Program - 3-2.400 DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Emeryville Municipal Code
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The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (b) Uses
● Use Classifications - 9-2
● Zoning Districts (Base and Overlays) - 9-3
● Multi-Unit Residential Developments - 9-5.2000
● Accessory Dwelling Units - 9-5.1400
● Miscellaneous Use Regulations (including residential)- 9-5.200 ● Nonconforming Uses and Structures - 9-5.1000
● Affordable Housing Program - 9-5.400
(c) Sidewalks and Public Realm
● Public Improvements – 9-4.708
● Sidewalk Dimensions – 9-4.708
● Urban Forestry Ordinance – 7.10
● Tree Planting Guide
● Standard Street Furniture Catalog
(d) Site Design
● Minimum Lot Area and Width - 9-4.701
● Performance Standards - 9.5.1100
● Setbacks and Encroachments - 9-4.301
● Courts 9-4.302
● Fences and Walls - 9.4.505
(e) Bicycle & Pedestrian Access
● Pedestrian Access - 9-4.703
● Bicycle Parking - 9-4.408
● Bicycle Parking General Guidelines - Emeryville BPMP Appendices B-34 ● Private Property Access from City Parks, Greenways, and Other City Property - 9-5.1300 (f) Vehicular Parking and Access
● Design Guidelines 2B: Parking and Access
● Parking and Loading - 9-4.400
● Design Standards for Parking Lots and Structures - 9-4.406 ● Loading - 9-4.409
(g) Utilities/Back of House
● Screening of Equipment - 9.4-507
● Discards Areas - 9-4.704
● Utility Undergrounding - 9-4.508
(h) Open Space
● Open Space (Private, Common, POPOS, Public Park) - 9-4.303 (i) Lighting, Landscaping and Stormwater
● Landscaping and Screening - 9-4.500
● Water Efficient and Bay Friendly Landscaping - 9-4.602 ● Outdoor Lighting and Illumination - 9-4.705
● Light and Glare Performance Standards - 9-5.1107
● Stormwater Requirements for New Development - Article 3 of Chapter 13 of Title 6 (j) Building Design
(1) Building Massing
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The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. ● Building Intensity - 9-4.201
● Residential Density - 9-4.203
(2) Building Form
● Height and Bulk - 9-4.202
● Courts/Courtyards - 9-4.302
(k) Facade Articulation
● Residential Windows – 9-4.707
● Signs - 9-5.1600
● Sidewalk Cafes - 9-5.1500
● Bird Safe Buildings - 9-4.800
(l) Unit Design
● Unit Mix 9-5.2003
● Residential and Family Friendly Design - 9-5.2004
● Minimum Dwelling Unit Area - 9-4.702
(m) Sustainability
● Climate-Appropriate and Sustainability Strategies - 9-4.708 ● Transportation Demand Management - 9-5.2008
● Energy Reach Codes - 8-10.03
9-7.1605 Definitions
(a) “Objective development standard” means a development standard of these Planning Regulations that involves no personal or subjective judgment by the City and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the applicant and the City prior to submittal. (Gov. Code Section 66300(a)(7)) (b) “Objective design standard” means a design standard of these Planning Regulations that involves no personal or subjective judgment by the City and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the applicant and the City prior to submittal. (Gov. Code Section 66300(a)(7)) DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

CHAPTER 8.

DEFINITIONS
Sections:
9-8.206 “F” Terms
9-8.213 “M” Terms.
9-8.215 “O” Terms.
9-8.216 “P” Terms
9-8.206 “F” Terms.
(a) “Facade” means the portion of any exterior elevation of a building exposed to public view and extending vertically from the grade to the top of a parapet wall or eave, and horizontally across the entire width of the building elevation.
(b) “Facility” means a building, structure, or any improvement to land such as a parking lot or sign. (c) “Factory-built housing” means a residential building, dwelling unit, or an individual dwelling room or combination of rooms, or building component, assembly, or system manufactured in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage, or destruction of the part, including units designed for use as part of an institution for resident or patient care, which is either wholly manufactured or is in substantial part manufactured at an off-site location to be wholly or partially assembled on site in accordance with the California Building Code and other regulations adopted by the State Building Standards Commission pursuant to California Health and Safety Code Section 19990. Factory-built housing does not include a mobile home, as defined in California Health and Safety Code Section 18211, mobile accessory building or structure, as defined in Section 18213, a recreational vehicle, as defined in Section 18215.5, or a commercial coach, as defined in Section 18218.
(d) “Family” means two (2) or more persons occupying a dwelling unit and living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities. Members of a family need not be related by blood but are distinguished from a group occupying a hotel, club, fraternity or sorority house.
(e) “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, technological, and other relevant factors. (f) “Fence” means an artificially constructed barrier of any material or combination of materials erected to enclose or screen an area of land.
(g) “Final development plan” means a discretionary planning permit that describes in detail a development phase of a planned unit development, and that substantially conforms to the preliminary development plan for the planned unit development.
(h) “Final map” means the map of a major subdivision in final form for recordation with the County Recorder, prepared in compliance with the Subdivision Map Act and the subdivision regulations of this title.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (i) “Findings” means statements in support of the approval or denial of a permit application indicating the method by which the facts were analyzed and City policies were applied in reaching the conclusion to approve or deny the application.
(j) Finished grade. See “Grade, finished.”
(k) Firearm (as pertains to firearms and ammunition sales). See Section 9-5.607(c). (l) Fixed (as pertains to bicycle parking). See Section 9-4.408(g)(5). (m) “Floor area, gross” means the total horizontal enclosed area of all floors of a building within the surrounding exterior finish wall surfaces including mezzanines and interior balconies, but excluding the area of spaces having a height of less than seven feet (7'), non-habitable basements, non-habitable equipment rooms (e.g., elevator equipment, generator rooms, mechanical rooms); trash, recycling and composting storage rooms; areas used exclusively for vertical circulation (i.e. elevator shafts, stairs and stair wells); and the area used exclusively for bicycle or vehicle parking and loading. “Gross floor area” includes residential uses except for projects approved prior to the adoption of these planning regulations. (n) “Floor area ratio (FAR)” means a measure of building intensity equal to the ratio of the total gross floor area of all buildings on a lot or building site to the area of the lot or building site. (o) “Footcandle” means a quantitative unit of measure of light output equal to the amount of light generated by one (1) candle at a distance of one (1) foot. (p) “Footprint” means the horizontal area, as seen in plan view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves. (q) Freedom of speech sign (as pertains to sign types). See Section 9-5.1615(b)(10). (r) “Freeway” means a highway to which the owners of abutting lands have no right or easement of access or only limited or restricted right or easement of access to or from their abutting lands. (s) Freeway-oriented sign (as pertains to sign types). See Section 9-5.1615(b)(11). (t) Frontage, public. See “Public frontage.”
(u) Frontage, street. See “Street frontage.”
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. 9-8.213 “M” Terms.
(a) “Maintenance and repair” means the repair or replacement of an exterior facility or of nonbearing walls, fixtures, wiring, roof or plumbing that restores the character, scope, size or design of a structure to its previously existing, authorized, and undamaged condition. (b) “Major conditional use permit” means a conditional use permit subject to approval by the Planning Commission or City Council pursuant to Section 9-7.503(b). (c) “Major design review” means design review subject to approval by the Planning Commission or City Council pursuant to Section 9-7.404(bc).
(d) “Major subdivision” means a subdivision subject to approval by the Planning Commission pursuant to Article 2 of Chapter 6.
(e) “Mansard” means a wall that has a slope equal to or greater than two vertical feet (2') for each horizontal foot and has been designed to look like a roof. (f) “Manufactured home” means a structure that was constructed on or after June 15, 1976, transportable in one (1) or more sections, which, in the traveling mode, is eight body feet (8') or more in width, or forty body feet (40') or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that “manufactured home” shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974. See also “Mobile home.”
(g) Map Act. See “Subdivision Map Act.”
(h) Market-rate unit (as pertains to Affordable Housing Set-Aside Program). See Section 9-5.415(i). (i) “Marquee” means a permanent roofed structure attached to and supported wholly by a building and projecting from the wall of the building, upon which changeable sign copy may be placed, and which often provides shelter at the attached building’s entrance. (j) Marquee sign (as pertains to sign types). See Section 9-5.1615(b)(14). (k) Medium-canopy trees (as pertains to landscaping of open parking lots). See Section 9-

4.503(h)(1)(b).
(l) “Mezzanine” means an intermediate floor within a building interior that is not completely enclosed by walls or partitions, that is not separated from the floor or level below by a wall, and that has a floor area no greater than one-third (1/3) of the total floor area of the floor below. (See also “Story.”) (m) “Minor conditional use permit” means a conditional use permit subject to approval by the Director of Planning and Building pursuant to Section 9-7.503(a). (n) “Minor design review” means design review subject to approval by the Director of Planning and Building pursuant to Section 9-7.404(ab).
(o) “Minor subdivision” means a subdivision subject to approval by the Director of Planning and Building pursuant to Article 3 of Chapter 6.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (p) “Mitigated negative declaration” means a report that analyzes the environmental effects of a proposed project pursuant to the California Environmental Quality Act, that identifies potentially significant environmental effects of the project, and that also identifies mitigation measures sufficient to reduce all identified environmental effects to a level of insignificance. (q) “Mitigation measure” means an action that may be taken to reduce a potentially significant environmental effect of a project, as identified in a mitigated negative declaration or an environmental impact report. Mitigation measures are usually implemented through project conditions of approval. (r) Mix of use groups requirement. See Section 9-3.303(b)(2)(d). (s) Mixed use groups. See “Use, mixed use groups.”
(t) “Mobile home” means a structure constructed prior to June 15, 1976, as defined in California Health and Safety Code Section 18008. See also “Manufactured home.” (u) Moderate, low and very low income households (as pertains to Affordable Housing Set-Aside Program). See Section 9-5.415(j).
(v) Monument sign (as pertains to sign types). See Section 9-5.1615(b)(15). (w) Moving sign (as pertains to sign types). See Section 9-5.1615(b)(16). (x) Multiple dwelling. See “Dwelling, multiple.”
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. 9-8.215 “O” Terms.
(a) “Objective design review” means design review in conjunction with zoning compliance review for multi-unit residential projects, subject to approval by the Director of Planning and Building pursuant to Section 9-7.404(a).
(ab) “Occupied” means used, possessed, employed, or inhabited. (bc) Off-site hazardous waste facilities (as pertains to Hazardous Waste Facilities). See Section 9-

5.702(a).
(cd) Off-street parking. See “Parking, off-street.”
(de) “On site” means located on the lot that is the subject of discussion. (ef) “Open space” means an area that is open to the air and intended to provide high quality space for active and passive recreation. See Section 9-4.303 for open space types and regulations. (fg) Open space, common. See Section 9-4.303(b)(3)(a).
(gh) Open space, private residential. See Section 9-4.303(b)(2)(a). (hi) Open space, privately owned public (POPOS). See Section 9-4.303(b)(4)(a). (j) Open space, public. See Section 9-4.303(b)(5)(a).
(ki) “Open storage” means any storage in any area which is unroofed or not contained on all sides by walls that are pierced only by windows, vents, or customary entrances and exits, and that is accessory to another use, as opposed to the principal use of “outdoor storage” defined at Section 9-2.425(b). (lj) Operating agent of the City (as pertains to Affordable Housing Set-Aside Program). See Section 9-

5.415(k).
(mk) Organization sign (as pertains to sign types). See Section 9-5.1615(b)(18). (nl) Overlay zone. See “Zone, overlay.”
(om) “Owner” means an individual, firm, association, organization, partnership, trust, company, corporation, or any other legal entity that owns or holds title to real property. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. 9-8.216 “P” Terms.
(a) “Parapet wall” means an extension of the main walls of a building above the roof level. (b) “Parcel” generally means the same as “lot,” except that “parcel” can sometimes refer to an Assessor’s parcel, which is not always the same as “lot” for development purposes. When evaluating an existing or proposed development, the term “lot” should be used, which applies to the entire site of the development, and not to any individual Assessor’s parcels that may comprise that site. (c) “Parcel map” means the map of a minor subdivision in final form for recordation with the County Recorder, prepared in compliance with the Subdivision Map Act and the subdivision regulations of this title.
(d) “Parcel merger” means the combining of two (2) or more contiguous parcels of land into a single parcel pursuant to the requirements of the Subdivision Map Act and the subdivision regulations of this title.
(e) “Parking” means the temporary storage of operable motor vehicles. (f) “Parking aisle” means an area within a parking facility intended to provide ingress and egress to parking spaces.
(g) “Parking area” means any public or private land area or structure designed and used for parking motor vehicles, together with driveways, aisles, turning and maneuvering areas, and similar features, and landscaping.
(h) “Parking lift” means a mechanical device that allows automobiles to be stacked vertically within the same horizontal space.
(i) “Parking lot” means an off-street ground level area improved for the temporary storage of motor vehicles.
(j) “Parking, off-street” means a parking area located on private or public property, and not on a street, including parking lots, carports, covered garages, and parking structures. (k) “Parking space” means an area reserved for the parking of a motor vehicle. (l) “Parking structure” means a structure or portion thereof composed of one (1) or more levels or floors used exclusively for the parking of motor vehicles. A parking structure may be totally below grade or either partially or totally above grade with those levels being either open or enclosed. (m) Parking, surface lot. See “Parking lot.”
(n) Parklet (as pertains to sidewalk cafes). See Section 9-5.1515(a). (o) “Patio” means a level, surfaced area directly adjacent to a principal building without a permanent roof intended for outdoor lounging, dining, and the like. (p) Permanent on-site hazardous waste facilities (as pertains to Hazardous Waste Facilities). See Section 9-5.702(b)(2).
(q) Permanent sign (as pertains to sign types). See Section 9-5.1615(b)(19). (r) “Permitted use” means a use that is permitted by right in the zoning district in which it is located but that is subject to any restrictions applicable to that zoning district.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (s) “Person” means any individual, firm, association, organization, partnership, business trust, company, or corporation.
(t) Person (as pertains to Adult Oriented Businesses). See Section 9-5.309(d)(2). (u) Person (as pertains to sidewalk cafes). See Section 9-5.1515(b). (v) “Persons with disabilities” means persons who have medical, physical, or mental conditions, disorders or disabilities as defined in the Federal Fair Housing Amendments Act or the California Fair Employment and Housing Act, that limit one (1) or more major life activities. (w) “Pervious surface” means an area maintained in its natural condition, or covered by a material that permits infiltration or percolation of water into the ground. (x) “Planned unit development” means a group of residential, commercial, industrial or institutional buildings, or a mixture thereof, and associated site improvements, designed to encourage the creative development of large sites so as to permit flexibility in physical design, achieve attractive designs which encourage large-scale site planning, and ensure that the applicable provisions of the General Plan are established early in the formation of such development proposals. (y) “Planning permit” means any discretionary permit for development and/or use of property granted pursuant to the requirements of these planning regulations, including design review, conditional use permits, temporary use permits, variances, exceptions to standards, and planned unit developments. (z) “Planted area” means an area covered by landscaping. See also “Landscaping.” (aa) Political sign (as pertains to sign types). See Section 9-5.1615(b)(20). (bb) POPOS (privately owned public open space). See Section 9-4.303(b)(4)(a). (cc) Potable water (as pertains to water use). See Section 9-4.605(e). (dd) “Preliminary development plan” means a discretionary planning permit that describes in general terms the overall design concept of a planned unit development. (ee) Preschool. See Day Care Center use type at Section 9-2.317. (ff) Preserve and reuse (as pertains to preservation of structures). See Section 9-5.1211(c). (gg) Primary use. See “Principal use.”
(hh) Principal building. See under “Building.”
(ii) Primary building. See “Principal building.”
(jj) Principal use. See under “Use.”
(kk) Private nuisance. See under “Nuisance.”
(ll) Private residential open space. See Section 9-4.303(b)(2)(a). (mm) “Private or public property” means any parcel of land that is not within a public street right-ofway. Private property is land that is not owned by a public agency; public property is land that is owned by a public agency.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (nn) “Private street” means a private thoroughfare that affords the principal means of access to abutting property and that is constructed and maintained by private parties. (oo) Privately owned public open space (POPOS). See Section 9-4.303(b)(4)(a). (pp) “Prohibited use” means a use that is not permitted in the zoning district in which it is located either by right or subject to the approval of a conditional use. (qq) “Project” means any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure that is subject to the provisions of these planning regulations. This term also refers to any action that qualifies as a “project” as defined by the California Environmental Quality Act. (rr) Project (as pertains to Affordable Housing Set-Aside Program). See Section 9-5.415(l). (ss) Projecting sign (as pertains to sign types). See Section 9-5.1615(b)(21). (tt) “Public benefit” means a feature of a development project that is of benefit to the overall community, and for which bonus points may be awarded for floor area ratio, height, and/or residential density pursuant to Section 9-4.204.
(uu) “Public frontage” means the facade of an establishment on which the main entrance is located and that either fronts on a public street or that is accessible to the public. (vv) “Public improvements” means public facilities constructed in conjunction with a development project or subdivision, including but not limited to streets, curbs, gutters, sidewalks, alleys, street trees, street lights, driveway approaches and transitions, right-of-way surfaces, pedestrian ways, bikeways, trails and greenways, parks, storm drainage, sanitary sewers, water supply, utilities, and fire hydrants. (ww) Public nuisance. See under “Nuisance.”
(xx) “Public open space” or “Public park” means open space that is available to the general public on publicly owned land. See Section 9-4.303(b)(5).
(yy) Public park (as pertains to Adult Oriented Businesses). See Section 9-5.309(d)(3). (zz) Public park (as pertains to firearms and ammunition sales). See Section 9-5.607(d). (aaa) “Public parking” means off-street parking that is available to the general public with or without a fee.
(bbb) Public right-of-way (as pertains to sidewalk cafes). See Section 9-5.1515(c). (ccc) “Public street” means a public thoroughfare that has been or is intended to be dedicated for public use by motor vehicles, pedestrians, bicyclists, and public transit, and that affords the principal means of access to abutting property.
(ddd) “Public utility” means a public utility as defined in California Public Utility Code Section 216. (eee) Publicly accessible (as pertains to bicycle parking). See Section 9-4.408(g)(7). (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014)

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

TITLE 3 FINANCE
CHAPTER 2. FUNDS
Article 4. Contribution for Art in Public Places Program 3-2.401 Purpose.

The City Council hereby declares that the City has a policy of promoting the visual arts in Emeryville by requiring the inclusion of a public artwork component in new development projects in Emeryville.

Therefore, as of the effective date of the ordinance codified in this article, the City shall require that certain City-sponsored developments and certain private developments use a portion of building development funds for the acquisition of publicly accessible works of art for placement on the development site or elsewhere in the City as a condition of project approval. (Sec. 2 (part), Ord. 90-20, eff. Jan. 17, 1991, as amended by Sec. 6 (part), Ord. 92-06, eff. Mar. 5, 1992) 3-2.402 Definitions.

For purposes of this article, the following definitions shall apply:
(a) “Building development costs” shall mean those construction costs as declared on all building permit applications, and as accepted by the Building Official. Building permit applications shall include, but not be limited to, all building, plumbing, mechanical and electrical permit applications for the project. (b) “Art in Public Places Program in-lieu contribution” shall equal the percentage of building development costs required herein.
(Sec. 2 (part), Ord. 90-20, eff. Jan. 17, 1991, as amended by Sec. 6 (part), Ord. 92-06, eff. Mar. 5, 1992:

Sec. 2 (part), Ord. 09-002, eff. Mar. 5, 2009)
3-2.403 Contribution Requirements.
(a) Private Developments. Private nonresidential and non-live-work building developments with building development costs in excess of three hundred thousand dollars ($300,000.00) and subject to design review approval pursuant to Article 4 of Chapter 7 of Title 9 (Design Review) Section 9-4.84.2 shall devote an amount not less than one percent (1%) of such costs for acquisition and installation of publicly accessible art on the development site. Private residential and live-work building developments of twenty (20) or more units and subject to design review approval pursuant to Article 4 of Chapter 7 of Title 9 (Design Review) Section 9-4.84.2 shall devote an amount not less than one-half of one percent (0.5%) of such costs for acquisition and installation of publicly accessible art on the development site. (1) At the discretion of the owner or developer, and in lieu of developing an on-site public artwork, an Art in Public Places in-lieu contribution may be placed into the Emeryville Public Art Fund for acquisition and placement of public art throughout the City. (2) Contributions of funds or other involvement with the Redevelopment Agency shall not necessarily change the characterization of the project as a private development. (b) Public Developments. For public building developments by the City of Emeryville or Redevelopment Agency, with building development costs in excess of three hundred thousand dollars ($300,000.00) and subject to design review approval pursuant to Article 4 of Chapter 7 of Title 9 (Design Review)Section 9-4.84.2, the City or Redevelopment Agency shall expend an amount not less than one and one-half percent (1.5%) of such costs for publicly accessible art on the development site.

DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. (Sec. 2 (part), Ord. 90-20, eff. Jan. 17, 1991, as amended by Sec. 6 (part), Ord. 92-06, eff. Mar. 5, 1992; Sec. 2, Ord. 05-002, eff. Apr. 14, 2005: Sec. 2 (part), Ord. 09-002, eff. Mar. 5, 2009) 3-2.404 Emeryville Public Art Fund.

There is hereby created an Emeryville Public Art Fund, which funds shall be restricted to the implementation of the Art in Public Places Program, as set forth in the Emeryville Capital Improvement Program. Such funds may be used to acquire, place, and maintain public art on public property throughout the City, and to administer the Art in Public Places Program. (Sec. 2 (part), Ord. 90-20, eff. Jan. 17, 1991, as amended by Sec. 6 (part), Ord. 92-06, eff. Mar. 5, 1992) 3-2.405 Guidelines for Implementation of this Article.

Guidelines for implementation of the Art in Public Places Program shall be promulgated by the Public Art Committee to be approved by the Emeryville City Council. (Sec. 2 (part), Ord. 90-20, eff. Jan. 17, 1991, as amended by Sec. 6 (part), Ord. 92-06, eff. Mar. 5, 1992) 3-2.406 Compliance.

Compliance with the provisions of this article shall be demonstrated by the owner or developer at the time of filing the Building Permit application as follows: (a) payment of the full amount of the in-lieu contribution, or (b) written proof to the Building Department of a contractual agreement to commission or purchase and to install the requested art work on the development site. The owner or developer shall provide the City with proof of installation of the requested artwork on the development site or proof of full payment of the in-lieu contribution before issuance of the certificate of occupancy, unless the City has approved some other method of assuring compliance with the provisions of this article. (Sec. 2 (part), Ord. 90-20, eff. Jan. 17, 1991, as amended by Sec. 6 (part), Ord. 92-06, eff. Mar. 5, 1992) 3-2.407 Waiver of Conditions.

Any or all of the provisions of this article may be waived pursuant to waiver provisions established in the approved Guidelines for Implementation.
(Sec. 2 (part), Ord. 90-20, eff. Jan. 17, 1991, as amended by Sec. 6 (part), Ord. 92-06, eff. Mar. 5, 1992) 3-2.408 Violations of this Article.

In addition to other fines or penalties provided by State or municipal law, the City may revoke or suspend any discretionary permit granted to any owner or developer who violates the provisions of this article. (Sec. 2 (part), Ord. 90-20, eff. Jan. 17, 1991, as amended by Sec. 6 (part), Ord. 92-06, eff. Mar. 5, 1992) DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C