Agenda packet — Emeryville City Council, November 18, 2025 (part 2 of 4)

STAFF COMMUNICATION WITH THE PUBLIC
No staff communication with the public
PREPARED BY: Rebecca Sermeno, Community Services Director

APPROVED AND FORWARDED TO THE
CITY COUNCIL OF THE CITY OF EMERYVILLE:

LaTanya Bellow, City Manager

ATTACHMENTS
▪ Attachment A – ECDC CFA 2026-2027
▪ Draft Resolution
Docusign Envelope ID: 781B064D-D842-4C6D-BC58-22679A64F43B California Department of Education EED-3704
Early Education Division CFA FY 2026-27
Fiscal Year 2026—27 Continued Funding Application
DUE DATE: 5:00p.m. November 14, 2025
Contractors holding a current California State Preschool Program (CSPP) contract, and if applicable a Prekindergarten and Family Literacy Support (CPKS) contract, who wish to be considered for continued funding, for fiscal year (FY) 2026-27 must complete this application for continued funding. The FY 2026-27 CFA Overview and Instructions may be accessed on the CFA web page. Contractors are strongly encouraged to review the CFA Overview and Instructions before and after completion of the CFA and associated documents to confirm that the application and forms submitted for their agency have been completed in accordance with all applicable instructions.

Contractors who apply for and are approved for continued funding do not need to sign a contract with the California Department of Education (CDE) to provide CSPP and CPKS services for FY 2026-27. Contracts will be automatically renewed in accordance with all applicable federal and state laws and contract terms and conditions (CT&C). By signing this CFA, the contractor is indicating that it wishes to automatically renew its contract(s) for FY 2026-27 and accepts all of the terms and conditions of the 2026-27 CSPP contract, and if applicable the 2026-27 CPKS contract, which will be provided to the contractor no later than June 1, 2026.

Upon completion of this CFA, the CDE will review the application and may contact your agency seeking additional information. If the CFA is returned to the CDE in a timely manner but is not fully and accurately completed, funding for FY 2026-27, if approved, may be delayed.

Please also note that contractors have no vested right to a subsequent contract. Completion of this CFA does not guarantee a renewal of funding. If the CDE determines your agency will not be renewed for a subsequent contract year, you will be notified in writing no later than April 7, 2026, pursuant to the California Code of Regulations, Title 5 (6 CCR) Section 17828.

Contractors that wish to reject the terms of the FY 2026-27 CSPP and/or CPKS contract must provide the CDE with written notice that the terms of the contract(s) are rejected by emailing [email protected] on or before June 30, 2026. The email should come from the Executive Director/Superintendent of the contracting entity or their authorized representative and state that the terms of the FY 2026-27 CSPP and, as applicable, the CPKS contract are rejected. Contractors providing such notice to the CDE of the rejection of the terms of the contract will not have contract(s) in effect for FY 2026-27.

Contractors cannot reject their CSPP contract and still receive funding under a CPKS contract since CPKS funding is tied to having a CSPP contract. If no notice of rejection is sent to the CDE and the CFA is approved, the contract will be automatically renewed, and no further action will be required from the contractor. lf a contractor wishes to terminate the contract for any reason during the FY 2026-27 contract term, the contractor shall notify the CDE of its intent to terminate the contract at least 90 calendar days in advance of contract termination and shall follow 5 CCR 17795.

If you have any questions regarding the CFA, please contact [email protected].

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Docusign Envelope ID: 781B064D-D842-4C6D-BC58-22679A64F43B California Department of Education EED-3704
Early Education Division CFA FY 2026-27
Section | — Contractor Information
Contractor Legal Name: City of Emeryville
Contractor “Doing Business As” (DBA) Name: Emeryville Child Development Center Vendor Number: 2178
Headquartered County: Alameda
Legal Business Address: 1333 Park Avenue, Emeryville, 94608 Mailing Address (if different from above): 1220 53rd Street, Emeryville, CA 94608 Executive Director Name: Pedro Jimenez
Executive Director Telephone: (510)596-3770
Executive Director Email Address: [email protected] To update Contractor Information above, log in to the Child Development Management Information System (CDMIS) and follow these instructions: Update Agency Information.

Section Il — Contract and Program Type
Contractor agrees to continue to administer the following programs with funds provided by the California Department of Education (CDE) for Fiscal Year 2026-27.

Contract Type(s): CSPP
Program Type(s): Full-Day/Full-Year
Minimum Days of Operation (MDO): 246
Subcontractor(s): No
License Exemption: No
To request a change to Program Type(s), MDO, or other programmatic details, download and complete the Program Narrative Change form and return it with this CFA.

Subcontractors and License Exemption must be renewed annually, if applicable.

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Docusign Envelope ID: 781B064D-D842-4C6D-BC58-22679A64F43B California Department of Education EED-3704
Early Education Division CFA FY 2026-27
Section Ill — Contractor Certification
Under penalty of perjury, | certify the following statements as true and correct to the best of my knowledge:
| have read and understand the staffing requirements for Program Director, Site Supervisor, and Teacher. All staff employed by the contractor for the provision of preschool services are fully qualified for their respective positions. The exception to this certification is a person employed as Program Director or Site Supervisor who possesses a current Staffing Qualifications Waiver approved by the Early Education Division. | am authorized by the contractor's Board of Directors or other governing authority to execute this CFA, signifying their intent to automatically renew the current CSPP contract, and CPKS contract if applicable, for FY 2026-27, under new terms and conditions to be established by the CDE, unless rejected in writing prior to the effective date of the new contract(s) on June 30, 2026.

On behalf of the contractor and its governing authority, | understand that some information requested in this CFA is intended for use by CDE auditors in connection with future audit work and performance reviews and may not be used, reviewed, or considered by the CDE until after the contract has expired, if ever. Therefore, the contractor further understands that the information (and any underlying transactions) disclosed by this CFA shall not be considered properly noticed to the CDE, nor approved, accepted, or authorized by the CDE, even if the contractor's request for continued funding by the CDE is subsequently approved.

The governing board members or persons with governing authority have been trained in understanding conflict of interest requirements associated with their positions on the board and have reported all known conflicts of interest.

As the signer of this CFA, | have supervisory authority over the CSPP and have knowledge of the information provided in this CFA. | am familiar with and will ensure that the contractor complies with all applicable program statutes and regulations in effect for FY 2026-27, including but not limited to:
o Subcontracting requirements, including competitive bidding, CDE approval, and audit requirements in 5 CCR. | certify that any contractual arrangement(s) with subcontractors are made in adherence to the required subcontract provisions contained in the California Education Code (EC), 5 CCR, and the CT&C. As the contractor, it is my responsibility to monitor the performance of the subcontractor to ensure services are provided appropriately through the entire contract term and that the contractor is ultimately responsible for the actions of any subcontractor. o Prohibitions on conflicts of interests, including (i) the assurances required to establish that transactions with officers, directors and other related party transactions are conducted at arm’s length, and (ii) employment limitations stated in EC. o Costreimbursement requirements, including reimbursable and non-reimbursable costs, documentation requirements, the provisions for determining the reimbursable amount

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Docusign Envelope ID: 781B064D-D842-4C6D-BC58-22679A64F43B California Department of Education EED-3704
Early Education Division CFA FY 2026-27
and other provisions in 5 CCR, and accounting and reporting requirements in 5 CCR. o Operational and programmatic requirements.
o Personnel requirements as stipulated in EC 5 CCR, and the CT&C. e As the authorized representative of the CSPP contractor named in this application, | certify that:
o | have reviewed all information for my agency and, to the best of my knowledge, the information on the CDMIS website reflects accurate information for my agency as of the date this certification is signed.
o | understand my obligation as a CSPP contractor to ensure the accuracy of information in CDMIS on an ongoing basis and will update the information in CDMIS as needed throughout the contract period.

By signing this CFA, the contractor is indicating that it wishes to automatically renew the current contract for FY 2026-27 and, if approved, is willing to, and does accept, all terms and conditions of the CSPP contract, which will be provided to the contractor no later than June 1, 2026.

The contractor may reject the FY 2026-27 contract by providing the CDE with a written notice of rejection no later than June 30, 2026. Contractors that wish to reject the terms of the FY 2026-27 contract must provide written notice that the terms of the contract are rejected by emailing [email protected] on or before June 30, 2026.

The email should come from the Executive Director/Superintendent of the contracting entity or their authorized representative and state that the terms of the FY 2026-27 CSPP contract, and CPKS contract if applicable, are rejected. Contractors providing such notice to the CDE of the rejection of the terms of the contract(s) will not have a contract(s) in effect for FY 2026-27. | understand that failure to timely reject the terms of the contract means that the contract may be automatically renewed for FY 2026-27 starting on July 1, 2026.

As the authorized representative of the contractor named in this application, | certify that | have reviewed all the information provided in this application, and in all accompanying forms, and | hereby attest that the information provided is true and correct to the best of my knowledge as of the date this certification is signed.

Printed Name of the Contractor’s Pehe SL
Authorized Representative: MLLAL DEIMLNO
Title of the Contractor's Authorized Communby Serveer Director Representative:

Signature of the Contractor's DocuSigned by:

Authorized Representative: Rebeca SUMUnd
\——ED5C211499244C0... Date of Signature:
10/30/2025

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Docusign Envelope ID: 781B064D-D842-4C6D-BC58-22679A64F43B California Department of Education EED-9730
Early Education Division 09/2025
California State Preschool Program Fiscal Year 2026-27 Program Calendar Contractor Name: oly Einenalle County: Alameda +
Vendor Number: 2178 Contract Type: CSPP [+ Program Type: Full-Day/Full-Year Instructions: Check the box on each date your program will operate. Total days of operation will automatically calculate.

July 2026 Days of Operation 22 January 2027 Days of Operation 19 a re ne = So ae sal SUN | MON | TUE] WED | THU] FRI | SAT —— _ Lal LI — Load N/A N/A N/A N/A N/A 1 2 5 6 [vii 7 [v]l 8 [v]]} 9 [v]} 10 fyv]] 14 12 I) 13 [I 14 [oll 15 [ol] 16 fell 17 [| 18 SE 10 ESO 11 [v]] ERO 12 [vl CORSO 13 [vl] 14 [v]} 15 [v}} 16 19 20 [v]] 21 Iv]} 22 [v]} 23 [v]] 24 [v]} 25 26 Fl 27 [ell 28 [ell 29 Tell 30 [ell 31 lel) NIA VP ee et 20 fea et [ey 2 ae 24 25 Tv]| 26 [v]| 27 [v]} 28 [v]] 29 [v]] 30 August 2026 Days of Operation 19 31 N/A |N/A | N/A [N/A | N/A_ | NAA SU oN a ne na ae aa ial February 2027 Days of Operation 19 = SUN | MON | TUE | WED | THU | FRI SAT
2 tS We ee ee NA |1 |v} 2 [v3 Ww} 4 [wo [Wi 6 9 10lv]} 11 vi] 12 [vi] 13 [uv |] 14 tv} } 15 = = — = = = = = = = = — 7 8 [v9 [v]} 10 [v] 11 [v]] 12 [v]] 13 16 17[v]| 18 [v]| 19 [v]] 20 [v]] 21[v] | 22 Ma an Lael —_ <= — 14 15 16 [v]]| 17 [v]-18 [v]} 19 [v]} 20 23 24 [v]| 25 ]v]| 26 [v]] 27 28 29 LI 30 FI) 3t lel] NIA | NIA TP N/A | NIA” T NIA 21 [oy 22 [vl 23 [vit 24 [vt 2b [vl 26 [vl 27 1 28 N/A N/A N/A N/A N/A N/A September 2026 Days of Operation ion 2 March 2027 Days of Operation 95 SUN | MON | TUE | WED | THU | FRI SAT NIA N/A 1 Wwll2 Wll3 Iel4 [els SUN | MON | TUE | WED | THU | FRI SAT > NA [1 [v2 Wis Wi4 vis Wie LI 6 7 8 Ivj} 9 [v}} 10 Ivf} 17 [vy] 12 = = = = = 7 8 [vl 9 [v]]} 10 [v} 11 [v]} 12 [v]} 13 13 14[v]| 15 Iv]} 16 [v]} 17 lv ]] 18 [vii 19 = = = = = = == = 14 15 Iv|| 16 Iv |] 17 [uv] 18 Iv] 19 [v]} 20 20 21 }v]] 22 Iv]} 23 [vj] 24 [v]} 25 [vj] 26 7 27 F1| 28 fell 29 Tell 30 [el] NIA | N/A | NIA 2 EE a 09 28 29 [v |] 30 [v}] 31 Iv]] N/A N/A N/A | October 2026 Days of Operation April 2027 Days of Operation 22 SUN | MON | TUE | WED | THU | FRI SAT SUN | MON | TUE | WED | THU | FRI SAT N/A N/A N/A N/A 1 [v]}2 [v3 Zi Bolte ely tel @ tet o eIno NA |NA |NA [NA [1 W2 Mis Oo 11 Il 42 [oT] 43 Pell 14 Tell 15 [ell 16 [el a7 (4 Cys eye ei? fs ys (ey 10 = < 41 [-] 12 [vy] 13 [vy] 14 fv] 15 [vy] 16 [vy] 17 18 19 [v]} 20 [v]} 21 [v]} 22 [v]] 23 [v]| 24 25 F || 26 (el | 27 [| 28 [ell 29 fell 30 fell tT 18 [| 19 [vy] 20 [vy] 21 [vy] 22 [vy 23 [vy 24 , 25 26 [v]| 27 [v]| 28 [v] 29 [v]] 30 [v]] N/A November 2026 Days of Operation 19 20 May 2027 Days of Operation SUN | MON | TUE_| WED | THU | FRI_| SAT SUN | MON | TUE | WED | THU | FRI | SAT 1 2 wi) 3 [vil 4 wil 5 |vil6 |v 7 aa ae = = = = a N/A N/A N/A N/A N/A N/A 4 8 LI} 9 [vt] 10 [vy] 11 [vy] 12 vy} 13 [vy 14 [I 7 V3 tst4d isbs ale isl7 tes = 15 16fvl| 17 [vil 18 fl 19 [vil 20 [vy 21 = yet Le ka ta ka = = La = La | el = 9 10 Tvl 11 [v]] 12 [vl] 13 Ty]} 14 fv} 15 22 23 [v]}| 24 [v]| 25 [v]} 26 27 28 = La La Le Ma a = 291} 30 {Tl NIA | NIA | NIA |N/A] NIA 16 |} i? [ef 18 [elt 19 [vy] 20 [vl 21 ty 22 23 [T | 24 [v]] 25 Tv]} 26 [v]] 27 [v]} 28 [v]} 29 December 2026 Days of Operation 19 30 [| 31 [N/A |N/A |N/A |N/A [NA D . - a oe eo x oar June 2027 Days of Operation 21
a A > SUN | MON | TUE | WED | THU | FRI SAT ee NA INIA |1 [le fle ml4 mils o 13 14[v]| 15 [vl 16 [v]| 17 [vl 18 [vl 79 5 7 STO INO ISI 20 21 [v|| 22 [vl 23 Iv] | 24 25 26 13 Iss Ie a7 ee Ta 49 1 | | 20 FT} 21 [rll 22 [vl 23 Ill 24 Iv] 25 [vl] 26
27 28 [v]] 29 [v]} 30 [vy] N/A N/A N/A
Total Days of Operation: 246
Docusign Envelope ID: 781B064D-D842-4C6D-BC58-22679A64F43B California Department of Education
Fiscal & Administrative Services Division
CO-005 (NEW 4/2020)

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION
Pursuant to Public Contract Code section 2010, if a bidder or proposer executes or renews a contract in the amount of $100,000 or more on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts $100,000 or more, executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and EMPLOYER DISCRIMINATORY POLICIES: For contracts $100,000 or more, executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

CERTIFICATION
|, the official named below, certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

1. Proposer/Bidder Firm Name (Printed):

City Of Emeryville DBA Emeryville Child Development Center Federal ID Number:
94-6000-326
eee / [Lr >
SiKled Namé and Title of Person Signing:

Desiree Garland
Date Executed:
10/29/25
Executed in the County and State of:

Alameda California

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Docusign Envelope ID: 781B064D-D842-4C6D-BC58-22679A64F43B Contractor Certification Clauses
CCC 04/2017

CERTIFICATION
|, the official named below, CERTIFY UNDER PENALTY OF PERJURY that | am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

Contractor/Bidder Firm Name (Printed) Federal ID Number Emeryville Child Development Center 2178
By Woe >
Pri anal Person Signing
Desiree Garland Center aan
Date Executed Executed in the County of
10/29/25 Alameda

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)
2, DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, Docusign Envelope ID: 781B064D-D842-4C6D-BC58-22679A64F43B 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities. )
4, CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.
5, EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.

The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor's records, documents, agents or employees, or premises if reasonably Docusign Envelope ID: 781B064D-D842-4C6D-BC58-22679A64F43B required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.

8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.

DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California. 1, CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)) 2, LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Docusign Envelope ID: 781B064D-D842-4C6D-BC58-22679A64F43B Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3, AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5, CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b, "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall _ not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE. DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

Docusign Envelope ID: 781B064D-D842-4C6D-BC58-22679A64F43B

FEDERAL CERTIFICATIONS
CO.8 (REV. 06/20)
California Department of Education
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 45 Code of Federal Regulations (CFR) Part 93, “New restrictions on Lobbying,” and 45 CFR Part 76, “Government-wide Debarment and Suspension (Non procurement) and Governmentwide requirements for Drug-Free Workplace (Grants).” The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Education determines to award the covered transaction, grant, or cooperative agreement.

1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 45 CFR Part 93, for persons entering into a grant or cooperative agreement over $100,000 as defined at 45 CFR Part 93, Sections

93.105 and 93.110, the applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement:
(b) If any funds other than federal appropriated funds have been or will be paid to any person for influencing or attempting to influence an employee of Congress, or any employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with this instruction;
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly.

2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS As required by executive Order 12549, Debarment and Suspension, and other responsibilities implemented at 45 CFR Part 76, for prospective participants in primary or a lower tier covered transactions, as defined at 45 CFR Part 76, Sections 76.105 and 76.110.

A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency:
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction violation of federal or State antitrust statutes or commission of embezzlement, Docusign Envelope ID: 781B064D-D842-4C6D-BC58-22679A64F43B theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period proceeding this application had one or more public transactions (federal, state, or local) terminated for cause or default; and B. Where the applicant is unable to certify any of the statements in this certification, he or she shall attach an explanation to this application.

3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 45 CFR Part 76, Subpart F, for grantees, as defined at 45 CFR Part 76, Sections 76.605 and 76.610- A. The applicant certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition. (b) Establishing an on-going drug-free awareness program to inform employees about- (1) The danger of drug abuse in the workplace;
(2) The grantee’s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in performance of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Director, Grants, and Contracts Service, U.S.

Department of Education, 400 Maryland Avenue, S.W., (Room 3124, GSA Regional Office Building No. 3), Washington, DC 20202-4571. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted:
(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency:
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f).

Docusign Envelope ID: 781B064D-D842-4C6D-BC58-22679A64F43B B. The grantee shall insert in the space provided below the site(s) for the performance of work done in connection with the specific grant:

Place of Performance (Street address, city, county, state, zip code) Emeryville Child Development Center
1220 53rd st
Emeryville CA. 94803
[ | Check if there are workplaces on file that are not identified here.

DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 45 CFR Part 76, Subpart F, for grantees, as defined at 45 CFR Part 76, Sections 76.605 and 76.610- a. Asacondition of the grant, | certify that | will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant, and b. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, | will report the conviction, in writing, within 10 calendar days of the conviction, to: Director, Grants and contracts Service, U.S. department of Education, 400 Maryland Avenue, S.W. (Room 3124, GSA Regional Office Building No. 3) Washington, DC 20202-4571. Notice shall include the identification numbers(s) of each affected grant.

ENVIRONMENTAL TOBACCO SMOKE ACT
As required by the Pro-Children Act of 1994, (also known as Environmental Tobacco Smoke), and implemented at Public Law 103-277, Part C requires that:

The applicant certifies that smoking is not permitted in any portion of any indoor facility owned or leased or contracted and used routinely or regularly for the provision of health care services, day care, and education to children under the age of 18. Failure to comply with the provisions of this law may result in the imposition of a civil monetary penalty of up to $1,000 per day. (The law does not apply to children’s services provided in private residence, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for in- patient drug and alcohol treatment.) As the duly authorized representative of the applicant, | hereby certify that the applicant will comply with the above certifications.

FISCAL YEAR 2026-27

CONTRACTOR NAME VENDOR ID NUMBER
Emeryville Child Development Center 4178

PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
Desiree Garland Center Manager
DATE
10/29/2025
Docusign Envelope ID: 781B064D-D842-4C6D-BC58-22679A64F43B California State Preschool Program
Agency Information Certification
| certify, as the authorized representative of the agency listed below, | have reviewed all the information for City of Emeryville (2178) and updates, additions, or deletions have been submitted as needed for information in all of the areas below:

Executive Director/Superintendent information
Program Director information
Sites and Licenses and/or Office information
Family Childcare Home summary information
To the best of my knowledge, the information on the CDMIS Web site reflects accurate information for City of Emeryville (2178) as of the date this certification was signed.
10/99 /AS- ative Signature /Date Signed
Doogie (Sarl dad
Printed Name of Program Director/Authorized Representative Name of Agency User Generating Certification: Desiree Garland Date Generated: 10/29/2025
Assigned Program Quality Implementation Consultant: Cassandra Lewis Docusign Envelope ID: 781B064D-D842-4C6D-BC58-22679A64F43B EED-3704
CFA FY 2026-27
California Department of Education
Early Education Division
: , ' Check if Required Attachments Public Agency Non-Public Agency Included CSPP Program Calendar(s) (EED 9730) Yes Yes of
California Civil Rights Laws / Certification (CO-005) Yes Yes 4 Contractor Certification
Clauses (CCC) Ves ies 4
Federal Certification (CO.8) Yes Yes a
CDMIS Agency Information ves ‘Ves i
Certification
State of California, Payee
Data Record (STD. 204) mp Yes 0
Required only if
t address Payee Data Record paymen - No differs from mailing DO Supplement (STD. 205) address on STD:
204
Secretary of State iis Veg q
certification or search results
Verification of LEA Name and
Address: Information page
printed from California
School Directory web page or LEAs only No 0
California Community
College Chancellor's web
page, as applicable
Program Narrative Change Required only if Required only if g (EED 3704A) requesting changes | requesting changes
Subcontract Certification Required only if Required only if q (EED 3704B) subcontracting subcontracting
Contractor’s Officers and
Board of Directors No Yes CL
Information WA
Authorizing Board Resolution Yes As applicable wf
Required only from
LEAs applying to
oar renew exemption
tie (oP License from licensure No C
P pursuant to Health &
Safety Code Section
1596.792(0),

Page 5 ends

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE

CALIFORNIA DEPARTMENT OF EDUCATION FOR THE PURPOSE OF PROVIDING

CHILD CARE AND DEVELOPMENT SERVICES AND TO AUTHORIZE THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS FOR FISCAL YEAR 2026–27, THE

CONTINUING FUNDING APPLICATION, AND ALL RELATED CONTRACT

DOCUMENTS AND ANY FUTURE AMENDMENTS AND APPROPRIATE SAID FUNDS WHEN RECEIVED TO ACCOUNTS 230-53600
WHEREAS, the City of Emeryville provides childcare services through the Emeryville Child Development Center (“Center”), located at the 1220 53rd Street, Emeryville, California; and
WHEREAS, the Center is eligible to receive funding from the California State Department of Education (State) on a yearly basis for its childcare services program; and WHEREAS, the State has agreed to provide funding for the Center to subsidize the costs of childcare for low-income families; now, therefore, be it RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to execute a contract with the California Department of Education for the purpose of providing child care and development services and to Authorize the City Manager to sign contract documents for fiscal year 2026-2027, the Continuing Funding Application, and all related contract documents and any future amendments and appropriate said funds when received to accounts 230-53600.

Resolution No. _____
ECDC CSPP Annual Contract
City Council Meeting | November 18, 2025

Page 2 of 2 ends

ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held November 18, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY
City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: November 18, 2025
TO: LaTanya Bellow, City Manager
FROM: Chadrick Smalley, Community Development Director
SUBJECT: ANNUAL DEVELOPMENT IMPACT FEES REPORT - FISCAL YEAR 2024-2025

RECOMMENDATION
Staff recommends that the City Council accept this report as information only. No action is requested of the City Council at this time, as this report is required to be available to the public at least 15 days prior to City Council action. The report will be brought back for City Council consideration of approval at the December 2, 2025 meeting.

BACKGROUND
In 1989, the State Legislature passed the Mitigation Fee Act which added Section 66000 et seq. to the California Government Code (the “Mitigation Fee Act”). Among other things, the Mitigation Fee Act requires each local agency that has adopted fees pursuant to the Mitigation Fee Act to make public a report on collected developer fees within 180 days of the close of each fiscal year1. The Mitigation Fee Act also requires each local agency to review the report at a public meeting not less than 15 days after the information is made available to the public2. The purpose of this item is to comply with this reporting requirement relative to City of Emeryville development impact fees for Fiscal Year 2024- 2025. The City of Emeryville has three such fees: (1) Transportation Facility Impact Fee, (2) Park and Recreation Facility Impact Fee, and (3) Affordable Housing Impact Fee.

Each is discussed below.

Transportation Facility Impact Fee
Originally called the Traffic Facilities Impact Fee, this impact fee was established by Ordinance No. 90-08, adopted by the City Council on August 7, 1990. This ordinance added Article 3 of Chapter 2 of Title 3 to the Emeryville Municipal Code, entitled “Traffic Facilities Impact Fee Fund”, which established the authority for imposing and charging a Traffic Facilities Impact Fee to be deposited into the Traffic Facilities Impact Fee Fund.

The fee itself was established by Resolution No. 90-62, also passed on August 7, 1990, and subsequently amended by Resolution No. 96-75 on May 21, 1996, and Resolution No. 98-167 on October 6, 1998. Resolution 98-167 adopted a “Traffic Mitigation Fee Study”, which established the existence of a reasonable relationship between the need for the public facilities and the impacts of the types of development described in the Fee 1 Government Code Section 66006(b)(1)
2 Government Code Section 66006(b)(2)
Annual Development Impact Fees Report FY2024-25
City Council Meeting | November 18, 2025

Page 2 of 8 ends

Study for which the Impact Fee was charged. The Fee Study also established that there was a reasonable relationship between the Traffic Impact Fee’s use and the type of development for which the Traffic Impact Fee was charged.

On July 15, 2014, the City Council adopted Ordinance No. 14-008 adding Article 19 of Chapter 5 of Title 9 to the Emeryville Municipal Code, entitled “Development Impact Fees”, and repealing Article 3 of Chapter 2 of Title 3. This Article establishes the authority for the City to impose fees on development projects for the purpose of mitigating the impacts that the projects may have upon the City’s ability to provide public facilities. Such facilities are divided into “public facility categories”, and each category is to have a separate fee to be deposited into a separate and distinct “fee fund”. Such categories may include, but are not limited to, transportation facilities and park and recreation facilities.

The ordinance took effect on August 14, 2014, 30 days after its final passage.

Also on July 15, 2014, the City Council adopted Resolution No. 14-105, establishing an updated and renamed Transportation Facility Impact Fee. By this resolution, the City Council approved and adopted a “Transportation Impact Fee Update” study (“Transportation Impact Fee Nexus Study”) prepared by Fehr and Peers. The Transportation Impact Fee Nexus Study included a revised list of transportation improvement projects to be funded by the fee, based on the General Plan, which calls for a multi-modal transportation system, including public transit, pedestrians, bicycles, and automobiles. This nexus study established the existence of a reasonable relationship between the need for the public facilities and the impacts of the types of development described in the study for which the impact fee is charged, and that there is a reasonable relationship between the fee’s use and the type of development for which the fee is charged. This resolution was effective on September 14, 2014, 60 days after its passage.

Projects included in the updated Transportation Facility Impact Fee are indicated in Attachment 1a. Revenues from this fee are deposited into Fund 250, the Transportation Facility Impact Fee Fund.

Park and Recreation Facility Impact Fee
As noted above, on July 15, 2014, the City Council adopted Ordinance No. 14-008 adding Article 19 of Chapter 5 of Title 9 to the Emeryville Municipal Code, entitled “Development Impact Fees”. Park and recreation facilities are among the “public facility categories” authorized by this Article. Also on July 15, 2014, the City Council adopted Resolution No. 14-104, establishing a Park and Recreation Facility Impact Fee. By this resolution, the City Council approved and adopted a “Park and Recreation Facility Development Impact Fee Study” (“Park and Recreation Impact Fee Nexus Study”) prepared by Willdan Financial Services, including a list of parks and recreation projects to be funded by the fee, based on the General Plan and Parks and Recreation Strategic Plan. This nexus study established the existence of a reasonable relationship between the need for the public facilities and the impacts of the types of development described in the study for which the impact fee is charged, and that there is a reasonable relationship between the fee’s use and the type of development for which the fee is charged. This resolution was effective on September 14, 2014, 60 days after its passage. Projects included in the Park Annual Development Impact Fees Report FY2024-25
City Council Meeting | November 18, 2025

Page 3 of 8 ends

and Recreation Facility Impact Fee program are shown in Attachment 1b. Revenue from this fee is deposited into Fund 237, the Park and Recreation Impact Fee Fund.

Affordable Housing Impact Fee
On July 15, 2014, the City Council adopted Ordinance No. 14-009 amending Article 4 of Chapter 5 of Title 9 of the Emeryville Municipal Code, entitled “Affordable Housing Set Aside Program”, and retitling it “Affordable Housing Program”. This Article establishes the authority for the City to impose fees on new rental residential projects and new nonresidential projects to mitigate the projects’ impacts on the need for affordable housing in the city. The ordinance took effect on August 14, 2014, 30 days after its final passage.

Also on July 15, 2014, the City Council adopted Resolution No. 14-103, establishing an Affordable Housing Impact Fee of $20,000 per dwelling unit on rental residential projects and $4.00 per square foot on most nonresidential projects. By this resolution, the City Council approved and adopted a “Residential Nexus Study” and a “Non-Residential JobsHousing Nexus Study”, both prepared by Keyser Marston Associates. These nexus studies established the existence of a reasonable relationship between the impact fees and the affordable housing impacts attributable to the developments on which the fees are imposed. This resolution was effective on September 14, 2014, 60 days after its passage. On October 20, 2015, the City Council adopted Resolution No. 15-130 increasing the Affordable Housing Impact Fee on rental residential projects to $28,000 per dwelling unit. This resolution was effective on December 19, 2015, 60 days after its passage. Revenue from this fee is deposited into Fund 239, the Affordable Housing Impact Fee Fund.

DISCUSSION
The three development impact fees are subject to the reporting requirements of the Mitigation Fee Act, as follows:

1. Create separate capital facilities funds or accounts for each improvement funded with impact fees. Remit all interest income earned by the fees to the same fund; interest income must be spent solely on the purpose for which the fee was originally collected. A local agency must not co-mingle fees with any other revenue, except for temporary investment purposes. (California Government Code Section 66006(a))
As noted above, separate funds have been established for each development impact fee as follows: Fund 250, Transportation Facility Impact Fee Fund; Fund 237, Park and Recreation Impact Fee Fund; and Fund 239, Affordable Housing Impact Fee Fund. No funds are co-mingled, and all interest earned by each fund is remitted into its particular account and spent solely on the purpose for which the fee was originally collected. Revenues, expenditures, and fund balances of these three funds are shown in Attachments 2a, 2b, and 2c, respectively. It should be noted that capital improvement projects funded by the development impact fees are also identified in the City’s budget and separate project accounts are Annual Development Impact Fees Report FY2024-25
City Council Meeting | November 18, 2025

Page 4 of 8 ends

established by the Finance Department for each such capital improvement project in order to properly account for its costs and funding sources. A summary of capital improvement projects funded by the impact fees is included as Attachment 3.

2. Within 180 days after the close of the fiscal year, prepare a public report concerning each impact fee fund. Required contents of the report are as follows (California Government Code Section 66006(b)):
(a) A brief description of the type of fee in the account.

The Transportation Facility Impact Fee Fund (Fund 250) contains fees imposed on development projects for the purpose of mitigating the impacts that the projects have upon the City’s ability to provide transportation facilities. The Park and Recreation Impact Fee Fund (Fund 237) contains fees imposed on development projects for the purpose of mitigating the impacts that the projects have upon the City’s ability to provide parks and recreation facilities. The Affordable Housing Impact Fee Fund (Fund 239) contains fees imposed on new rental residential projects and new nonresidential projects to mitigate the projects’ impacts on the need for affordable housing in the city.
(b) The amount of the fee.

The City Council established the following fees for Fiscal Year 2014-15 in relation to the maximum fee, or cap, that can justifiably be imposed on new development, as established by the various nexus studies described above:
▪ Transportation Facility Impact Fee: 20% of the cap (cap is $12,541 per trip)
▪ Park and Recreation Facility Impact Fee: 25% of the cap (cap is $8,048 per capita for residents and $4,024 per capita for workers) ▪ Affordable Housing Impact Fee: $20,000 per dwelling unit (approximately 56% of the cap of $35,600) for rental residential projects and $4.00 per square foot for nonresidential projects (approximately

1.6% to 6.0% of the cap, which ranges from $66.80 to $244.90 per square foot for various uses.) As noted above, on October 20, 2015, the City Council increased the fee on rental residential projects to $28,000 per dwelling unit (approximately 79% of the cap).

The adopting resolutions for each of the three development impact fees, described above, provide that, for any annual period during which the City Council does not otherwise amend the impact fees, the fee amounts shall be adjusted once as of July 1st based on the percentage increase in the Engineering News-Record Construction Cost Index for San Francisco, California. The increase for Fiscal Year 2025-2026 was 2.7% and was adopted by City Council Resolution No. 25-032 on April 15, 2025.

Annual Development Impact Fees Report FY2024-25
City Council Meeting | November 18, 2025

Page 5 of 8 ends

The nexus studies established fees for various use types. For ease of reference, the fees have been consolidated into a single table using the standardized use classifications from the Planning Regulations, as shown in Attachment 4. This table indicates each development impact fee for each use type, based on the nexus studies, the percentage of the caps as noted above, and the annual increase, as well as the total of the three development impact fees for each use type.
(c) The fund’s beginning and ending balance for the fiscal year.

As noted in Attachments 2a, 2b, and 2c, the beginning balance on July 1, 2023 and the ending balance on June 30, 2024 for each of the three development impact fee funds were as follows:

July 1, 2024 June 30, 2025
Transportation Facility (Fund 250) $2,576,402 $1,958,029 Park and Recreation Facility (Fund 237) $1,892,370 $420,200 Affordable Housing (Fund 239) $736,140 $773,873
(d) Amount of fees collected and interest earned and deposited into the fund for the fiscal year.

As noted in Attachments 2a, 2b, and 2c, the fees collected and interest earned for each of the three development impact fee funds for Fiscal Year 2023-24 were as follows:

Fees Interest
Transportation Facility (Fund 250) $348,621 $109,695
Park and Recreation Facility (Fund 237) $182,040 $28,956 Affordable Housing (Fund 239) $0 $32,506
(e) A description of each expenditure from the fund for that year, including identification of the improvement being funded and the percentage of the cost of the public improvement that was funded with the fee.

Please refer to Attachments 2a, 2b, and 2c detailing fund activities under the heading of “EXPENDITURES”. A summary of capital improvement projects funded by the development impact fees, as indicated in the City’s budget for Fiscal Years 2023-24 and 2024-25 is included as Attachment 3. (f) An identification of the date by which construction of a public improvement will commence if the City determines that sufficient funds have been collected to complete financing on any incomplete project.

A summary of capital improvement projects funded by the development impact fees is included as Attachment 3.

Annual Development Impact Fees Report FY2024-25
City Council Meeting | November 18, 2025

Page 6 of 8 ends

(g) A description of any interfund transfers or loans.

On May 16, 2017, the City Council approved a loan of $4,500,000 to the 3706 San Pablo Avenue Affordable Housing Project. Of this amount, $1,840,000 was from the Affordable Housing Impact Fee Fund (Fund 239), and the remainder came from the Housing Asset Fund (Fund 298). The loan will be repaid each year out of a portion of the surplus cash flow earned by the owner for the previous year after the project is completed and a surplus is determined to exist through an audited annual financial statement. The interest rate is 3% per year.

On June 9, 2020, the City Council adopted Resolution No. 20-46, approving mid-cycle amendments to the Fiscal Year 2019-20 budget. This resulted in a transfer of $551,507.72 from the General Capital Improvement Fund (Fund 475) into the Park and Recreation Impact Fee Fund (Fund 237) for the Horton Landing Park Expansion project.
(h) Identification of any fees refunded or allocated for some other purpose.

In Fiscal Year 2022-23, $21,240.96 was refunded from the Parks and Recreation Impact Fee Fund to an applicant as a credit for fees assessed on a prior use on the same site.

3. The report is required to be reviewed by the City at a regularly scheduled public meeting not less than 15 days after the report is released to the public (California Government Code Section 66006(b)(2)).

This report is being released to the public no later than November 11, 2025 in connection with the agenda for the November 18, 2025 regular meeting of the City Council and is scheduled for approval by the City Council at its regularly scheduled meeting on December 2, 2025.

4. For the fifth fiscal year following the first deposit into a development impact fee fund, and every five years thereafter, if fees remain unexpended, the local agency must make the findings identifying the purpose to which the fee is to be put, demonstrate that there remains a reasonable relationship between the current need for the fees and the purpose for which it is charged, identify all sources and amounts of funding contemplated to complete financing of incomplete improvements, and designate the approximate dates on which the contemplated funding is expected to be deposited into the fund (California Government Code Section 66001(d)).

The first deposits into the updated Transportation Facility Impact Fee Fund and the new Park and Recreation Facility Impact Fee Fund and Affordable Housing Impact Fee Fund occurred in Fiscal Year 2014-2015. Thus, the fifth fiscal year following these first deposits was Fiscal Year 2019-20, so the findings noted above were made in the report prepared for Fiscal Year 2019-20. As fiscal year 2024- Annual Development Impact Fees Report FY2024-25
City Council Meeting | November 18, 2025

Page 7 of 8 ends

2025 is the fifth fiscal year since 2019-2020, the findings noted above are required with this year’s report. They will be included in the resolution to be presented to the City Council on December 2, 2025 for approval of this report and are as follows:
(A) Identify the purpose to which the fee is to be put.

The “nexus studies” that were adopted by the City Council when they established the development impact fees on July 15, 2014, demonstrated a reasonable relationship between each fee and the purpose for which it is charged. These studies included a “Transportation Impact Fee Update” study prepared by Fehr and Peers, a “Park and Recreation Facility Development Impact Fee Study” prepared by Willdan Financial Services, and a “Residential Nexus Study” and “Non-Residential Jobs-Housing Nexus Study”, both prepared by Keyser Marston Associates.
(C) Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements to be funded by the fee.

The Capital Improvement Projects List from the City’s budget for Fiscal Years 2024-25 and 2025-26 is included as Attachment 4. This indicates all funding sources and amounts anticipated to complete financing of projects to be funded by the development impact fees.
(D) Designate the approximate dates on which the funding referred to in subparagraph (C) is expected to be deposited into the appropriate account or fund.

The Capital Improvement Projects List from the City’s budget for Fiscal Years 2024-2025 and 2025-26 in Attachment 4 indicates the dates that that funding is projected to be available for those projects.

Annual Development Impact Fees Report FY2024-25
City Council Meeting | November 18, 2025

Page 8 of 8 ends

FISCAL IMPACT
This report is for informational purposes. There is no fiscal impact.

STAFF COMMUNICATION WITH THE PUBLIC
Staff has had no communication with the public regarding this item.

PREPARED BY: Miroo Desai, Planning Manager

APPROVED AND FORWARDED TO THE
CITY COUNCIL OF THE CITY OF EMERYVILLE:

LaTanya Bellow, City Manager

ATTACHMENTS

1. Public Facilities Funded by Development Impact Fees:
▪ Transportation Facility Impact Fee
▪ Park and Recreation Facility Impact Fee

2. Revenues, Expenditures, and Fund Balances of Development Impact Fees:
▪ Fund 250, Transportation Facility Impact Fee Fund
▪ Fund 237, Park and Recreation Impact Fee Fund
▪ Fund 239, Affordable Housing Impact Fee Fund

3. Impact Fee Budgets from Fiscal Years 2024-2025 and 2025-2026 City Budget:
▪ Fund 250, Transportation Facility Impact Fee Fund
▪ Fund 237, Park and Recreation Impact Fee Fund
▪ Fund 239, Affordable Housing Impact Fee Fund

4. Development Impact Fees, Fiscal Year 2024-2025
City of Emeryville
Transportation Impact Fee Update
March 2014
23 TABLE 6

ALLOCATION OF PROJECT COSTS TO FEE PROGRAM
Map
# Project Type Total Cost
Percent of Cost to Include in Fee Portion of
Cost to
include in Fee Existing/Other Emeryville
Growth

1. Citywide Transit Improvements Transit $2,347,500 0% 100% $2,347,500

2. Powell Street Multi-Modal Phase 1 Multi-modal $3,350,000 0% 100% $3,350,000

3. Christie Bay Trail Multi-modal (non-motorized) $480,000 0% 100% $480,000

4. ECCL Path Multi-modal (non-motorized) $750,000 0% 100% $750,000

5. South Bayfront Bridge Multi-modal (non-motorized) $14,549,000 0% 100% $14,549,000

6. San Pablo Avenue Mid-block Crossing Pedestrian $344,100 0% 100% $344,100

7. Shorebird Park Connections Multi-modal (non-motorized) $220,000 0% 100% $220,000

8. Spur Alley Bicycle Treatments Multi-modal (non-motorized) $900,300 0% 100% $900,300

9. Railroad Quiet Zone Multi-modal $4,035,000 0% 100% $4,035,000

10. I-80/Powell Off Ramp Improvements Automobile Capacity $450,000 0% 100% $450,000

11. Christie Avenue/ Powell Street Automobile Capacity $4,600,000 85% 15% $690,000

12. Bicycle and Pedestrian Plan
Implementation Multi-modal (non-motorized) $300,000 0% 100% $300,000

13. 40th Street/Horton Street Multi-Modal $59,500 0% 100% $59,500

14. 40th Street/Emery Street Automobile Capacity $87,000 0% 100% $87,000

15. Transit Center Plaza and Platform
Extension Pedestrian $1,042,100 80% 20% $208,420

16. Public Parking and Bus Bays at Transit
Center Transit $8,431,000 50.2% 49.8% $4,200,048

17. Doyle Street Bicycle Boulevard Bicycle $275,000 0% 100% $275,000

18. Hollis Street Sidewalk Pedestrian $603,000 0% 100% $603,000

19. Adeline/San Pablo/ Macarthur/Peralta
"Star” Intersection Multi-modal (non-motorized) $456,000 0% 100% $456,000

20. Ped-Bike Bridge over I-80: 65th St to
Frontage Rd Multi-modal (non-motorized) $18,500,000 0% 100% $18,500,000

21. Horton Street and Overland Avenue
from 40th Street to 62nd Street Bicycle $2,015,000 0% 100% $2,015,000 Attachment 1a
City of Emeryville
Transportation Impact Fee Update
March 2014
24 TABLE 6

ALLOCATION OF PROJECT COSTS TO FEE PROGRAM
Map
# Project Type Total Cost
Percent of Cost to Include in Fee Portion of
Cost to
include in Fee Existing/Other Emeryville
Growth

22. Emeryville Greenway extension from
Powell St south to Stanford Ave at
Horton St
Multi-modal (non-motorized) $1,350,000 0% 100% $1,350,000

23. 40th Street/ Harlan Street Signalization Multi-Modal $290,000 0% 100% $290,000

24. Sherwin Area Improvements Pedestrian $2,843,850 0% 100% $2,843,850

25. Bike Sharing Program Bicycle $600,000 0% 100% $600,000

26. Bicycle Parking Bicycle $200,000 0% 100% $200,000

27. Traffic Signal Enhancements Bicycle $490,000 0% 100% $490,000

28. Emery-go-Round Bus Yard Acquisition Transit $1,000,000 0% 100% $1,000,000 Total Project Costs $70,568,350 $61,593,718
Contingency, Design Environmental Review and Other (40%) $28,227,340 $24,637,487 Preparation of Transportation Fee Study $200,000 $200,000 City Administrative Costs (2%) $1,979,914 $1,728,624
Total Cost $100,975,604 $88,159,829
Source: Fehr & Peers, 2014
City of Emeryville Parks and Recreation Facilities Fee Study 13 Use of Fee Revenue
The City plans to use park facilities fee revenue to purchase parkland or construct improvements to add to the system of park and recreation facilities that serves new development. The City may only use impact fee revenue to provide facilities and intensify usage of existing facilities needed to serve new development.

The City intends to use the fee revenue to purchase and develop the planned and proposed facilities mapped and listed in the Parks and Recreation Strategic Plan (2011). Table 3.9 displays the planned and proposed facilities identified in the Strategic Plan. In order to fully realize all of the planned and proposed facilities in the Strategic Plan, the City will need to fund approximately $70.4 million in costs with non-fee funding sources.

Table 3.9: Planned and Proposed Park Facilities
Project
Proposed
Acres
Planning Level
Cost Estimate
Planned Parks
Horton Landing Park 1.40 $ 372,800
Christie Avenue Park 0.37 344,285
48th Street Community Garden 0.09 20,970
Subtotal 1.86 $ 738,055
Proposed Parks
Site 1: Doyle Hollis Park Expansion 6.75 $ 38,930,888
Site 2: PG&E site West of Hollis between 45th and 53rd 6.24 36,776,183 Site A: I-80 ped-bike bridge touchdown in Ashby Interchange 0.25 1,329,075 Site B: West of Shellmound North of 65th 0.50 3,291,575 Site C: North of 65th, East of RR tracks 1.00 6,054,575 Site D: North of Powell, between Christie and I-80 0.50 3,000,325 Site E: Stanford Ave, Park expansion West to Hollis 0.80 4,315,950 Site F: Stanford Ave, Park expansion North to Powell 0.55 3,241,675 Site G: Powell St. Plaza West of Shellmound, South of Powell 1.00 5,897,300 Site H: Temescal Creek Park and Temescal Creek Greenway 0.08 6 5,856 Site J: On Park Ave, West of Hollis 0.50 3,204,200
Site K: East Bay Bridge Center, South of 40th, West of San Pablo 3.00 17,590,050 Site L: Triangle neighborhood East of San Pablo, North of 40th 0.50 3,250,800 Emeryville Greenway Expansions 4.71 25,797,972
Temescal Creek Greenway Expansions 1.32 7,135,761
Subtotal 27.70 $ 159,882,185
Total - Planned and Proposed Park Facilities 29.56 $ 160,620,240 Source: Table C-1, City of Emeryville Parks and Recreation Strategic Plan, January 18, 2011.

Fee Schedule
Table 3.10 shows the proposed park facilities fee schedule. The proposed fees are based on the costs per capita shown in Table 3.8.

Attachment 1b
REVENUE: FY92-FY14 FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22 FY23 FY24 FY25 Total Traffic Impact Fees (Pre-Sep 2014 projects) 5,739,066 279,871 6,018,936Transportation Impact Fees - Residential (effective Sep 2014) 2,672 595 1,65011,599326,700 329,220 - 672,436 Transportation Impact Fees - Non-Residential (effective Sep 2014) 391,303 990,502 554,402 * 42,601 1,238,706 53,905 218,556 337,659 1,029,293.78 358,758 348,621.00 5,215,685Interest 661,274 3,205 9,98216,871 26,914 37,648 41,810 13,981 3,134 38,852 71,932 109,695 925,602 Reimbursements (275,197) (275,197)
General Fund Subsidy for Updated Fee Study 236,982 236,982Interfund Transfer from Parks and Recreation Impact Fee Fund 237 34,213 34,213 Total Revenue 6,362,124 1,003,15 674,973 6 572,923 452,46 81,115 1,280,51 7 5 232,53 340,792 7 397,610 1,430,446 458,316 12,828,658 EXPENDITURES:Pre-September 2014 Projects:

Powell St & I-80 E Off Ramp 34,959 34,959
Shellmound Loop Improvements 1,967,995 1,967,995
Powell/Hollis Intersection Improvements 185,559 185,559Hollis St Interconnect 73,049 73,049 Shellmound Signal Timing 142,984 142,98440th Street Signal Design 17,403 17,403 40th & SPA Widening 7,965 7,965
Shellmound Street Striping 8,512 8,512
Horton Street Extension 2,047,791 2,047,79165th Street Traffic Signal 1,225,898 1,225,898Powell Streetscape Design 80,668 - - 80,668 Post-September 2014 Projects:

Christie Ave Bay Trail 309,818 6,210 316,028
Horton Street Traffic Calming 13,407 13,407
Traffic Signal Powell/Doyle 2,500 289,500 292,000
South Bayfront Pedestrian-Bicycle Bridge 3,550 1,071,875 1,075,426 Emervyille Greenway - Stanford to Powell 487,129 487,129 SafeTREC Powell Street Corridor Study 80,041 24,508 104,549 Transit Center - Public Parking 176,753 176,753
Powell Street Bridge Widening 10,181 10,181
Quiet Zones 17,344.61Powell Street Redesign 66,309.16Emery Go-Round Shuttle Bus Yard 1,000,000 1,000,000 Annual Street Rehabilitation 455,906.83 100,000 801,120.00 1,357,027Traffic Signals and Street Lights 272,888.14 114,145.00 387,033 -
Update Traffic Impact Fee Study 200,237 2,540 50 202,827 Administrative Expenses - - - 301 45 1,082997 2,425
Interfund Transfer to Parks and Recreation Impact Fee Fund 237 27,727 27,727 Total Expenditures 5,993,01 309,86 8,750 9 16,208490,72 8 284,520 4 299,681 2,096,38 101,082 997 4 728,795 998,919 11,328,945 Revenues Over/(Under) Expenditures 369,105 666,224 693,288 556,715 (409,609) 167,946 (1,863,847) 980,835 339,795 296,528 701,651 (540,603) 1,958,029 Beginning Fund Balance, July 1 - 369,105 1,035,329 1,728,617 2,285,333 1,875,724 2,043,670 3,024,505 1,160,658 1,500,454 1,796,981 2,498,632 - Ending Fund Balance, June 30 1,035,32 369,105 9 1,728,617 2,285,333 1,875,724 2,043,670 3,024,505 1,160,658 1,500,45 1,796,981 4 2,498,632 1,958,030 1,958,029 City of Emeryville
Transportation Impact Fee Fund 250
Revenues & Expenditures
Through June 30, 2025
Attachment 2a
FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22 FY23 FY24 FY25 Total REVENUE:Park/Rec Impact Fees - Residential 7,382 3,822 61,086 787,896 - 860,186 Park/Rec Impact Fees - Non-Residential 193,914 398,531 705,302 5,097 49,822 393,132 73,689 4,205 5,474 182,040 2,011,207 Interest 293 3,093 8,518 14,793 6,133 4,941 4,497 2,178 22,487 52,519 28,956 148,408 Park/Rec Impact Fee 17,708 17,708
Interfund Transfer from Transportation Impact Fee Fund 250 27,727 27,727 Interfund Transfer from General Capital Improvement Fund 475 551,508 551,508 Total Revenue 194,207 409,00 717,643 5 80,977 83,682 949,581 4,497 75,867 26,692 845,889 228,704 3,616,743 EXPENDITURES:Stanford Avenue Park Expansion 3,960 3,960 Horton Landing Park Expansion 13,215 73,764 756,941 7,588 223 851,730 South Bayfront Bicycle/Pedestrian Bridge 26,428 235,365 19,158 322 281,273 Emervyille Greenway - Stanford to Powell 259,735 38,757 298,491 Interfund Transfer to Transportation Impact Fee Fund 250 34,213 34,213 Land Acquistion 1,705,635 1,705,635Refunds 21,241 21,241 Total Expenditures 3,960 - 13,215 1,065,276359,926 19,158 7,588 21,241 322 1,705,63 2235 3,196,543 Revenues Over/(Under) Expenditures 190,247 409,005 704,428 (278,950) (981,593) 941,993 (14,661) 75,545 845,666 5,452 (1,476,931) 420,200Beginning Fund Balance, July 1 - 190,247 1,303,679599,252 1,024,730 985,130 43,136 1,046,014970,469 1,897,131 1,051,466 - Ending Fund Balance, June 30 190,247 599,252 1,303,679 1,024,730 985,130 43,136 970,469 1,046,01 1,051,466 4 420,200 1,897,131 420,200 City of Emeryville
Parks and Recreation Impact Fee Fund 237
Revenues & Expenditures
Through June 30, 2025
Attachment 2b
FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22 FY23 FY24 FY25 Total REVENUE:Affordable Housing Impact Fee - Residential 28,000 28,122 56,122 Affordable Housing Impact Fee - Non-Residential 479,168 446,055 1,105,258 129,632 52,477 233,712 10,993 132,094 287,365 12,080 - 2,888,835 Interest 5,036447 12,135 5,761 11,472 14,603 3,996 1,752 24,084 32,207 32,506 144,001 Total Revenue 479,615 451,092 1,145,393 141,104 86,360 248,315 14,989 133,846 311,449 44,287 32,506 3,088,958EXPENDITURES:3706 San Pablo Avenue Project (Loan) 1,840,000 1,840,000 Nellie Hannon Gateway -
Loans to Developers 475,085 475,085Total Expenditures 1,840,000 - - - - - -475,085 - 2,315,085 Revenues Over/(Under) Expenditures 479,615 451,092 (694,607) 86,360 141,104 248,315 14,989 133,846 311,449 (430,798) 32,506 773,873 Beginning Fund Balance, July 1 - 479,615 930,707 236,100 322,460 463,565 711,880 726,870 860,7161,172,165 741,367 - Ending Fund Balance, June 30 479,615 930,707 236,100 322,460 463,565 711,880 726,870 860,716 1,172,165 741,367 773,873 773,873 City of Emeryville
Affordable Housing Impact Fee Fund 239
Revenues & Expenditures
Through June 30, 2025
Attachment 2c
City of Emeryville
2023-24 & 2024-25 Budget
Capital Project Funds
Traffic Impact Fee Fund #250
Purpose of Fund
Capital Projects 2023-24 2024-25 2025-26 2026-27 2027-28 Carryover Budget Budget Projection Projection Projection Beginning Available Fund Balance $ 2,348,064 2,220,933 $ 2,394,328 $ 3,488,328 $ 3,448,328 $ Annual Activity
Revenues
Investment Earnings 10,000 10,000 10,000 10,000 10,000
Development Fees 1,474,681 111,264 1,159,000 25,000 25,000 121,264 1,484,681 1,169,000 35,000 35,000
Expenditures
Capital Projects
ST-09 Frontage Road Landscape Median
Island $ 165,000 - - - - -
T-04 Quiet Zone at 65th, 66th, and 67th
Street At-Grade Crossings 500,000 - - - - -
T-11 Traffic Signal Modernization -
Phase 2 150,000 - - - - -
SUT-01 Sustainable Streetscapes - 297,250 - - - -
SUT-02 ATP Studies - 45,300 25,000 25,000 25,000 25,000 SUT-03 Traffic Signals and Street Lights - 200,000 50,000 50,000 50,000 50,000 542,550 75,000 75,000 75,000 75,000
Carryforward $ 815,000 815,000 - - - -
1,357,550 75,000 75,000 75,000 75,000
Net Annual Activity 127,131 46,264 1,094,000 (40,000) (40,000) Ending Available Fund Balance $ 2,348,064 $ 2,394,328 $ 3,488,328 $ 3,448,328 $ 3,408,328 The Traffic Impact Fee Fund accounts for transportation impact fees paid by new development, as required by the City’s Transportation Impact Fee Ordinance.
71 Attachment 3a
City of Emeryville
2023-24 & 2024-25 Budget
Capital Project Funds
Park Impact Fee Fund #237
Purpose of Fund
Capital Project 2023-24 2024-25 2025-26 2026-27 2027-28 Carryover Budget Budget Projection Projection Projection Beginning Available Fund Balance $ 4,264,358 2,162,409 $ 4,291,858 $ 5,409,858 $ 5,437,358 $ Annual Activity
Revenues
Development Fees 2,100,736 25,000 1,115,500 25,000 25,000 Investment Earnings 2,500 2,500 2,500 2,500 2,500
27,500 2,103,236 1,118,000 27,500 27,500
Expenditures
Capital Projects
CF-02 South Bayfront Bridge and
Horton Landing Park $ 1,288 - - - - -
- - - - -
Carryforward $ 1,288 1,288 - - - -
1,288 - - - -
Net Annual Activity 2,101,948 27,500 1,118,000 27,500 27,500 Ending Available Fund Balance $ 4,264,358 $ 4,291,858 $ 5,409,858 $ 5,437,358 $ 5,464,858 The Park / Rec Impact Fee Fund accounts for parks and recreation impact fees paid by new development, as required by the City’s Park / Rec Impact Fee Ordinance.
62 Attachment 3b
City of Emeryville
2023-24 & 2024-25 Budget
Operating Funds
Affordable Housing Impact Fee Fund #239
Purpose of Fund
2020-21 2021-22 2022-23 2023-24 2024-25
Actual Actual Projection Budget Budget
Beginning Available Fund Balance $ 726,870 711,881 $ 860,716 $ 290,416 $ 1,757,916 $ Annual Activity
Revenues
Investment Earnings 3,996 1,752 2,500 2,500 2,500
Development Fees 10,993 132,094 261,530 1,465,000 25,000 133,846 14,989 264,030 1,467,500 27,500
Expenditures
None - - 734,330 - -
- - 734,330 - -
Capital Projects
H-02 Christie Housing Site - - 100,000 - -
- - 100,000 - -
- - 834,330 - -
Net Annual Activity 14,989 133,846 (570,300) 1,467,500 27,500 Ending Available Fund Balance $ 726,870 $ 860,716 $ 290,416 $ 1,757,916 $ 1,785,416 The Affordable Housing Impact Fee Fund accounts for rental residential developments and nonresidential developments to mitigate the impact of such developments on the need for affordable housing in the City. 156 Attachment 3c
Use Type Affordable
Housing
Park and
Recreation
Facility
Transportation
Facility
Residential Use Types
Single Unit $0 $4,950 $3,319 $8,269 / dwelling unit
Two Unit and Multi-Unit
Rental - Apartment $34,917 $4,766 $2,059 $41,742 / dwelling unit In TH Transit Hub Overlay Zone $34,917 $4,766 $1,991 $41,674 / dwelling unit Owner - Condominium $0 $4,766 $1,724 $6,490 / dwelling unit In TH Transit Hub Overlay Zone $0 $4,766 $1,662 $6,428 / dwelling unit Owner - Townhome $0 $4,950 $1,724 $6,674 / dwelling unit In TH Transit Hub Overlay Zone $0 $4,950 $1,662 $6,612 / dwelling unit Domestic Violence Shelter $0 $1,864 $733 $2,597 / bed
Group Residential $0 $1,864 $733 $2,597 / bed
Mobile Home Park
Rental $34,917 $4,766 $2,059 $41,742 / dwelling unit
Owner $0 $4,950 $1,724 $6,674 / dwelling unit
Residential Care Facility $5.30 $7.20 $2.49 $14.99 / square foot Supportive Housing $0 $1,864 $733 $2,597 / bed
Transitional Housing $0 $1,864 $733 $2,597 / bed
Accessory Dwelling Units (including Junior ADUs) $0 $0 $0 $0 / dwelling unit Commercial and Institutional
Adult Oriented Businesses
Retail $5.30 $2.66 $6.18 $14.14 / square foot
Performance $5.30 $2.02 $128.33 $135.65 / square foot
Animal Care and Sales
Grooming $5.30 $2.40 $4.83 $12.53 / square foot
Kennel/Animal Care $5.30 $3.73 $18.41 $27.44 / square foot Pet Stores $5.30 $2.66 $6.18 $14.14 / square foot
Veterinary Services $5.30 $2.40 $15.65 $23.35 / square foot Arts and Entertainment
Gallery $5.30 $0.40 $0.60 $6.30 / square foot
Indoor Entertainment $5.30 $1.60 $16.30 $23.20 / square foot Outdoor Entertainment TBD TBD TBD TBD
Banks and Financial Institutions $5.30 $2.66 $14.10 $22.06 / square foot Business Services $5.30 $2.66 $24.62 $32.58 / square foot Colleges and Trade Schools $0.00 $2.40 $8.44 $10.84 / square foot Community Assembly $0.00 $0.65 $9.10 $9.75 / square foot Day Care Centers $0.00 $3.73 $18.41 $22.14 / square foot Eating and Drinking Establishments
Bars/Nightclubs/Lounges $5.30 $6.65 $11.31 $23.26 / square foot Restaurants
Quality (ITE Land Use 931) $5.30 $6.65 $7.48 $19.43 / square foot High Turnover (ITE Land Use 932) $5.30 $6.65 $9.80 $21.75 / square foot Fast Food (ITE Land Use 933) $5.30 $6.65 $43.38 $55.33 / square foot Fast Food with Drive-Thru (ITE Land Use 934) $5.30 $6.65 $54.19 $66.14 / square foot Mobile Food Vendors $0.00 $0.00 $0.00 $0.00
Emergency Shelters $0 $1,864 $733 $2,597 / bed
Funeral Homes, Mortuaries and Mausoleums $5.30 $0.65 $1.83 $7.78 / square foot City of Emeryville
Development Impact Fees
Fiscal Year 2025-2026 (valid July 1, 2025 through June 30, 2026)

TOTAL IMPACT FEES
7/1/2025 TBD = To be determined. Contact Community Development Department to determine applicable fees. Page 1 of 3 Attachment 4
Use Type Affordable
Housing
Park and
Recreation
Facility
Transportation
Facility

TOTAL IMPACT FEES
Health Care
Clinics and Medical Offices $5.30 $4.85 $11.85 $22.00 / square foot Hospitals $5.30 $3.86 $3.09 $12.25 / square foot
Medical Laboratories (non research) $5.30 $2.40 $10.45 $18.15 / square foot Instructional Services
Individual/ Small Group Instruction $5.30 $0.78 $3.21 $9.29 / square foot Group Instruction $5.30 $0.78 $3.21 $9.29 / square foot Libraries and Museums
Libraries $5.30 $1.86 $24.23 $31.39 / square foot
Museums $5.30 $0.40 $0.60 $6.30 / square foot
Live/Work Unit $5.30 $2.02 $7.32 / square foot plus
plus $2,157 $2,157 / unit
Lodging
Hotels and Motels $5.30 $1.32 $6.62 / square foot plus
plus $1,393 $1,393 / room
Bed & Breakfast $0.00 $0.00 $0.00 $0.00 / square foot
Major Public Services $5.30 TBD TBD TBD / square foot
Marina $0 $1,331 $630 $1,961 / berth
Motor Vehicle Sales and Services
Cleaning (Self-Service Car Wash - ITE Land Use 947) $5.30 $5.30 / square foot plus plus $334 $9,191 $9,525 / stall
Rentals $5.30 $2.02 $3.33 $10.65 / square foot
Sales and Leasing $5.30 $1.74 $8.69 $15.73 / square foot Repair and Service $5.30 $1.32 $14.80 $21.42 / square foot Service Station $5.30 $5.30 / square foot plus
plus $333 $9,205 $9,538 / pump
Towing and Impounding $5.30 $1.32 $16.62 $23.24 / square foot Offices
General/Government/Walk-In Clientele $5.30 $4.85 $4.94 $15.09 / square foot Corporate Headquarters (ITE Land Use 714) $5.30 $4.85 $4.69 $14.84 / square foot Parking $0.00 $0.00 $0.00 $0.00 / square foot
Personal Services $5.30 $2.66 $4.83 $12.79 / square foot Public Safety Facilities $0.00 $2.66 $4.00 $6.66 / square foot Recreation
Gaming $5.30 $2.66 $44.58 $52.54 / square foot
All Other $5.30 $2.66 $11.72 $19.68 / square foot
Repair Services $5.30 $1.74 $3.21 $10.25 / square foot
Retail
Food and Beverage Sales
Supermarket (ITE Land Use 850) $5.30 $2.66 $14.15 $22.11 / square foot Convenience Market (ITE Land Use 851) $5.30 $2.66 $52.18 $60.14 / square foot All Other $5.30 $2.66 $6.18 $14.14 / square foot
Schools $0.00 $1.32 $3.97 $5.29 / square foot
Social Service Facilities $0.00 $4.26 $4.94 $9.20 / square foot 7/1/2025 TBD = To be determined. Contact Community Development Department to determine applicable fees. Page 2 of 3 Use Type Affordable
Housing
Park and
Recreation
Facility
Transportation
Facility

TOTAL IMPACT FEES
Industrial
Arts-Industrial - All $5.30 $1.74 $3.21 $10.25 / square foot Commercial Kitchens $5.30 $1.74 $3.21 $10.25 / square foot Construction and Maintenance $5.30 $0.92 $1.06 $7.28 / square foot Crematories $5.30 $2.92 $2.44 $10.66 / square foot
Food Production and Assembly - All $5.30 $1.74 $3.21 $10.25 / square foot Hazardous Waste Facilities - All $5.30 $2.92 $2.44 $10.66 / square foot Laundry and Dry Cleaning Services $5.30 $1.74 $3.21 $10.25 / square foot Manufacturing
Pharmaceutical $5.30 $1.32 $3.21 $9.83 / square foot
Custom $5.30 $1.32 $2.16 $8.78 / square foot
Light $5.30 $1.32 $3.21 $9.83 / square foot
General $5.30 $1.32 $2.44 $9.06 / square foot
Heavy $5.30 $1.32 $2.44 $9.06 / square foot
Cannabis Manufacturing $5.30 $1.32 $3.21 $9.83 / square foot Recycling Facilities - All $5.30 $2.92 $2.44 $10.66 / square foot Research and Development $5.30 $3.34 $3.55 $12.19 / square foot Salvage and Wrecking $5.30 $2.92 $2.44 $10.66 / square foot Storage and Distribution
Indoor and Outdoor $5.30 $0.92 $1.06 $7.28 / square foot Personal $5.30 $0.04 $0.84 $6.18 / square foot
Agricultural
Community Gardens $0.00 $0.00 $0.00 $0.00
Indoor Agriculture $5.30 $1.74 $3.21 $10.25 / square foot Outdoor Agriculture $5.30 $1.74 $3.21 $10.25 / square foot Animal Husbandry $5.30 $1.74 $3.21 $10.25 / square foot Communication, Transportation and Utilities
Communication Facilities
Transmission Towers $0.00 $0.00 $0.00 $0.00
Equipment within Buildings $5.30 $0.05 $0.32 $5.67 / square foot Transportation and Delivery Services
Bus/Rail Passenger Stations $5.30 TBD TBD TBD / square foot Truck/Rail Freight Terminals $5.30 $1.74 $2.76 $9.80 / square foot Human-Powered $5.30 $0.92 $1.06 $7.28 / square foot
Light Fleet $5.30 $0.92 $1.06 $7.28 / square foot
Utility Services $5.30 $9.69 $2.54 $17.53 / square foot 7/1/2025 TBD = To be determined. Contact Community Development Department to determine applicable fees. Page 3 of 3 City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: November 18, 2025
TO: LaTanya Bellow, City Manager
FROM: Chadrick Smalley, Community Development Director
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF EMERYVILLE REPEALING AND REPLACING CHAPTERS 1, 2, 3, 4, 5, 6, 7, 8, 9, AND 10 OF TITLE 8 OF THE EMERYVILLE MUNICIPAL CODE, ENTITLED “BUILDING REGULATIONS”, AND MAKING

REQUIRED FINDINGS RELATING TO THE ADOPTION AND

AMENDMENT OF THE CALIFORNIA BUILDING STANDARDS CODE
(CEQA DETERMINATION: EXEMPT PURSUANT TO CEQA
GUIDELINES SECTIONS 15061(B)(3) AND 15378(B))

RECOMMENDATION
Staff recommends that the City Council approve the second reading and adopt the attached Ordinance repealing and replacing Chapters 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Title 8 of the Emeryville Municipal Code, entitled “Building Regulations”, along with amendments based on local conditions and making required findings. If approved by the City Council, the Ordinance would take effect on January 1, 2026.

DISCUSSION
The City Council adopted the first reading of the attached Ordinance on October 7, 2025 with no changes. The staff report for the October 7, 2025 meeting, which provides a detailed explanation of the proposed ordinance, is attached for reference (see Attachment 1).

PREPARED BY: Chadrick Smalley, Community Development Director

APPROVED AND FORWARDED TO THE
CITY COUNCIL OF THE CITY OF EMERYVILLE:

LaTanya Bellow, City Manager

ATTACHMENTS
▪ Attachment 1 – Staff Report from October 7, 2025
▪ Building Regulations Ordinance Amending Title 8 of the Emeryville Municipal Code City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: October 7, 2025
TO: LaTanya Bellow, City Manager
FROM: Chadrick Smalley, Community Development Director
SUBJECT: ADOPTION OF 2025 CALIFORNIA BUILDING STANDARDS CODE AND LOCAL AMENDMENTS:

An Ordinance Of The City Council Of The City Of Emeryville Repealing And Replacing Chapters 1, 2, 3, 4, 5, 6, 7, 8, 9, And 10 Of Title 8 Of The Emeryville Municipal Code, Entitled “Building Regulations”, And Making Required Findings Relating To The Adoption And Amendment Of The California Building Standards Code (CEQA Determination:

Exempt Pursuant To CEQA Guidelines Sections 15061(b)(3) And 15378(b))
An Ordinance Of The City Council Of The City Of Emeryville Repealing And Replacing Chapter 5 Of Title 4 Of The Emeryville Municipal Code, Entitled “Fire Code” And Making Required Findings Relating To The Adoption And Amendment Of The California Building Standards Code (CEQA Determination: Exempt Pursuant To CEQA Guidelines Sections 15061(b)(3) And 15378(b))

STAFF RECOMMENDATION
Staff recommends that the City Council waive first reading and introduce by title only the attached Ordinances repealing and replacing Chapters 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Title 8 of the Emeryville Municipal Code, entitled “Building Regulations”, and repealing and replacing Chapter 5 of Title 4 of the Emeryville Municipal Code, entitled “Fire Code”, along with amendments based on local conditions, and making required findings. If approved by the City Council, both Ordinances would take effect on January 1, 2026.

BACKGROUND
Title 8 of the Emeryville Municipal Code (EMC), entitled “Building Regulations”, and Chapter 5 of Title 4, entitled “Fire Code”, were last updated in May 2024 and November 2022, respectively. Staff recommends that the existing Title 8 and Chapter 5 of Title 4 be updated to reflect the current California codes.

Title 24 of the California Code of Regulations, the California Building Standards Code, (also known as the California Building Code or CBC) is published in its entirety every three years, with supplements and amendments published in intervening years. The California Legislature delegated authority to the California Building Standards Commission to create Attachment 1
Adoption of California Building and Fire Codes
City Council Meeting | October 7, 2025

Page 2 of 4 ends

building regulations to implement state statutes, and these building regulations have the force of law. Earlier this year, the State of California adopted the 2024 International Building Code (IBC) with modifications.1 The IBC includes codes for building, residential, mechanical, plumbing, electrical, green building, property maintenance, and energy. As a result, the “2025 California Building Code (CBC)” as amended by the California Building Standards Commission, is now codified in Title 24 of the California Code of Regulations, which also includes the 2025 California FireCode.

DISCUSSION
Beginning January 1, 2026, local jurisdictions will be required to enforce the 2025 California Building Code, including the California Fire Code. Previously, state law allowed local jurisdictions to adopt amendments to the State Building Code upon finding that such amendments are reasonably necessary because of local climatic, geological, or topographical conditions specific to that jurisdiction and providing that such local amendments are more restrictive than the state code provisions. On June 30, 2025, Assembly Bill (AB) 130 was signed into law, which created new limits on cities’ ability to adopt local amendments. Under AB 130, amendments substantially similar to local amendments previously adopted and in effect as of September 30, 2025 are allowed; therefore, staff recommends adoption of the code with the local amendments described below, all of which were in effect prior to September 30, 2025.

Staff recommends amendments to the California Building Code to include Standards for Construction Site Fire Safety. These standards are intended to prescribe minimum safeguards for new building construction projects to provide a reasonable degree of safety to life and property from fire during construction involving combustible materials. These standards were part of the adoption process in 2019 with historical data indicating a positive response from developers and the community.

In addition, staff recommends amendments to the California Plumbing Code to require Gas Shut-Off Valves. Automatic gas shut-off valves installed either in compliance with the Plumbing Code, or voluntarily pursuant to a plumbing permit, are used as a safety device to shut off natural gas lines in the event of an earthquake. They generally are installed on the exterior of a residence or business to stop gas flow when an earthquake of significant magnitude occurs to decrease the chances of a fire or explosion and prevent damage to structures. This typical code provision has been common in the East Bay region for over the past 20 years, including in Contra Costa County, Berkeley, Milpitas, Pittsburg, and Alameda.

Finally, staff is recommending amendments to the California Building and Fire Codes to require an Automatic Fire Extinguishing System (i.e. sprinklers): (1) in all new structures that are at least 3,000 square feet in floor area, 35 feet in height, or three stories tall irrespective of height; (2) in all existing buildings of 3,000 square feet or more if the building is subdivided into multi-tenant spaces or condominiums, or there is a change in use or occupancy; and (3) in all renovated buildings or condominium units if the value of the improvements is equal to or greater than 50% of the replacement cost of the building or

1 The International Building Code is used, with local amendments, in all 50 states.

Adoption of California Building and Fire Codes
City Council Meeting | October 7, 2025

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condominium unit. It should be noted that these local amendments have historically been adopted by the City of Emeryville. They are part of the current Emeryville Building Regulations and Fire Code, and staff proposes to continue their administration in conjunction with adoption of the 2025 CBC.

Amendments are also recommended to the administration provisions to reflect Emeryville’s local procedures and practices. Finally, amendments are recommended to ensure internal consistency between the various model codes that make up the CBC and CFC.

Evidence to support the findings necessary for these amendments include the following:
(1) Emeryville is located between 2 and 4 kilometers from the North Hayward fault, considered to be an active earthquake fault, and in seismic design category (SDC) D, a very high-risk earthquake area. Buildings and other structures in SDC D can experience seismic damage which could have an adverse impact on fire protection.

Any earth movement which causes buildings to move creates cracking and warping of fire walls, smoke barriers, door frames etc., thereby negating the effectiveness of these structural elements which are intended to prevent fire and smoke from spreading within the building. In the event of a fire in a large building, fire and smoke conditions can reach a magnitude which is beyond control capabilities of the fire department, thus resulting in major fire damage. The proposed amendments to the Building Code address the local geological conditions inEmeryville. (2) Emeryville is bisected topographically by Interstates 80 and 580. As a result, the City is divided into discrete districts. To travel between districts emergency vehicles must travel under and over vehicular bridges. The City’s heavy traffic congestion on the surface streets and overpasses could act as a barrier for timely arrival of emergency vehicles. In the event of an accident or overpass failure due to an earthquake, sections of the City may become isolated, or response time by emergency vehicles may be significantly slowed to increase the risk or severity of injury or property damage. The proposed amendments to the Building Code address the local topographical conditions in Emeryville.
(3) The amendments related to Standards for Construction Site Fire Safety; Requirements for Gas Shut-Off Valves and Automatic Fire Extinguishing System (i.e., sprinklers) are more restrictive than the provisions in the State Building Code in that they require such systems in certain circumstances in which they are not required by the State Building Code. These proposed amendments address the local climatic, geological, and topographical conditions in Emeryville.

Given these conditions specific to Emeryville, staff proposes amendments to the state building code as described above, which address these local geological and topographic conditions. The Alameda County Fire Department, which provides fire protection services to Emeryville, supports staff’s position that the City’s building stock warrants the continued administration of these provisions based on topographical and geographical conditions as discussed above. These structures could constitute an immediate threat to the health, welfare, and safety of the public without the benefit of these provisions.

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It should be noted that the above findings concerning local conditions apply only to code amendments that establish building standards, and that any such amended standards must be equivalent to, or more restrictive than, the state standards. The proposed amendments regarding fire sprinklers establish building standards that are more restrictive than those of the state, and the findings discussed above apply to those proposed standards. Amendments that are procedural in nature do not require such findings. The attached ordinances contain numerous other local amendments to the Building, Residential, Mechanical, Plumbing, and Fire codes; however, these amendments are all procedural in nature and do not establish building standards. Therefore, these amendments are permissible without making any findings regarding local conditions.

If the Council adopts the first reading of the proposed ordinances as recommended, staff anticipates a second reading of the ordinances on November 18, 2025, and ordinances would take effect on January 1, 2026.

FISCAL IMPACT
Adoption of the updated Building and Fire Codes will have no direct fiscal impact on the City.

RECOMMENDATION
Staff recommends that the City Council take the following actions for each Ordinance:

1. Open the public hearing and take testimony on the proposed ordinances.

2. Close the public hearing and consider the Staff Report and proposed ordinances.

3. Introduce and waive first reading of the attached ordinances.

PREPARED BY: Giyan Senaratne, Interim Chief Building Official

APPROVED AND FORWARDED TO THE
CITY COUNCIL OF THE CITY OF EMERYVILLE:

LaTanya Bellow, City Manager

ATTACHMENTS
 Building Regulations Ordinance amending Title 8 of the Emeryville Municipal Code  Fire Code Ordinance amending Chapter 5 of Title 4 of the Emeryville Municipal Code ORDINANCE NO. _____
Ordinance Of The City Council Of The City Of Emeryville Repealing And Replacing Chapters 1, 2, 3, 4, 5, 6, 7, 8, 9, And 10 Of Title 8 Of The Emeryville Municipal Code, Entitled “Building Regulations”, And Making Required Findings Relating To The Adoption And Amendment Of The California Building Standards Code (CEQA Determination: Exempt Pursuant To CEQA Guidelines Sections 15061(b)(3) And 15378(b)(2))
WHEREAS, the City of Emeryville’s Building Regulations are codified in Title 8 of the Emeryville Municipal Code and were last updated in 2024; and WHEREAS, it is the desire and intent of the City Council of the City of Emeryville to provide the public with the greatest degree of fire, life, health and structural safety in buildings in the most effective manner by adopting the most current body of regulations; and
WHEREAS, the California Building Standards Commission (CBSC) is responsible for administering the proposal, review, adoption, and implementation of the codes and regulations that establish building standards throughout California contained in Title 24 of the California Code of Regulations, commonly referred to as the California Building Standards Code; and
WHEREAS, the 2025 California Building Standards Code was published July 1, 2025, and will go into effect on January 1, 2026; and
WHEREAS, State law requires local jurisdictions to enforce the 2025 California Building Standards Code beginning January 1, 2026; and
WHEREAS, California Health and Safety Codes Sections 13143.5, 17958.5, 17958.7, and 18941.5 allow the City, by ordinance, to make modifications or changes to the California Building Standards Code and other regulations adopted pursuant to Health and Safety Code Section 17922 when such amendments are reasonably necessary because of local climatic, geological, or topographical conditions, and where such amendments establish requirements more stringent than those provided in the state code; and
WHEREAS, amendments are necessary because of the climatic, geographical or topographical conditions unique to the City of Emeryville; and WHEREAS, the Health and Safety Code requires that the City Council, before making any modifications and changes, makes an express finding that each modification or change is needed; and
WHEREAS, the City Council determines that the proposed ordinance establishes requirements equal to or greater than those set forth in the 2025 California Building Standards Code, Title 24, parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10 and 11 of the California Code of Regulations; and
Ordinance No. _____
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WHEREAS, adoption of the 2025 California Building Standards Code and local amendments is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Title 14 of the California Administrative Code, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment in that it does not propose or commit to any construction activities. This action is further exempt from the definition of Project in Section 15378(b)(2) in that it concerns general policy and procedure making.

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF EMERYVILLE HEREBY ORDAINS AS FOLLOWS:

SECTION ONE. PURPOSE AND INTENT
The purpose and intent of this Ordinance is to adopt the 2025 California Building Standards Code by repealing and replacing Chapters 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10of Title 8 of the Emeryville Municipal Code.

SECTION TWO. REQUIRED FINDINGS
Pursuant to Sections 13143.5, 17958.5, 17958.7, and 18941.5 of the California Health and Safety Code, a local jurisdiction may adopt amendments to the State Building Code when such amendments are reasonably necessary because of local climatic, geological, or topographical conditions. In adopting amendments to the State Building Code, the City Council finds that such local conditions exist in the City of Emeryville as follows:

1. Emeryville is located between 2 and 4 kilometers from the North Hayward fault, considered to be an active earthquake fault, and in seismic design category (SDC) D, a very high-risk earthquake area. Buildings and other structures in SDC D can experience seismic damage which could have an adverse impact on Fire protection. Any earth movement which causes buildings to move creates cracking and warping of fire walls, smoke barriers, door frames etc., thereby negating the effectiveness of these structural elements which are intended to prevent fire and smoke from spreading within the building. In the event of a fire in a large building, fire and smoke conditions can reach a magnitude which is beyond control capabilities of the fire department, thus resulting in major fire damage. The proposed amendments to the Building Code address the local geological conditions in Emeryville.

2. Emeryville is bisected topographically by Interstates 80 and 580. As a result, the City is divided into discrete districts. To travel between districts emergency vehicles must travel under and over vehicular bridges. Heavy traffic congestion Ordinance No. _____
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on the City’s surface streets and overpasses could act as a barrier for timely arrival of emergency vehicles. In the event of an accident or overpass failure due to an earthquake, sections of the City may become isolated or response time from first responders may be significantly slowed so as to increase the risk or severity of injury or property damage. The proposed amendments to the Building Code address the local topographical conditions in Emeryville.

3. The amendments related to Section 903 automatic fire extinguishing system (i.e. sprinklers), Section 1209.1.1 gas shut-off, excessive flow valves, Section 3302 Standards for Construction Site Fire Safety are more restrictive than the provisions in the State Building Code in that they require such systems in certain circumstances in which they are not required by the State Building Code. These proposed amendments address the local geological and topographical conditions in Emeryville.

SECTION THREE. REPEALING AND REPLACING CHAPTER 1 OF TITLE 8 OF THE

EMERYVILLE MUNICIPAL CODE
Chapter 1 of Title 8 of the Emeryville Municipal Code is hereby repealed and replaced with the following:

CHAPTER 1. BUILDING CODE
Sections:
8-1.1 Title.
8-1.2 Adoption.
8-1.3 Applicability of California Building Code Appendix Chapters 8-1.4 Amendments to California Building Code Volume 1
8-1.1Title.

The Ordinance codified in this Chapter shall be known and may be cited as the Building Code of the City of Emeryville and will be referred to in this Chapter as “this code.” 8-1.2 Adoption.

The following documents are hereby collectively adopted as the Building Code of the City of Emeryville, pursuant to the provisions of Section 50020 et seq. of the Government Code of the state:

A. The 2024 International Building Code (IBC) Volume 1, as amended by the state and known as the 2025 California Building Code (CBC) Volume 1 (California Code of Regulations, Title 24, Part 2, Volume 1), as published by the International Code Council (ICC) and the California Building Ordinance No. _____
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Standards Commission, and as further modified and amended by this Chapter; and
B. The 2024 International Building Code (IBC) Volume 2, as amended by the state and known as the 2025 California Building Code (CBC) Volume 2 (California Code of Regulations, Title 24, Part 2, Volume 2), as published by the International Code Council (ICC) and the California Building Standards Commission, and as further modified and amended by this Chapter.

A copy of this code is on file in the office of the Building Official. 8-1.3 Applicability of California Building Code Appendix Chapters Wherever in the California Building Code reference is made to an appendix chapter, the provisions of said appendix chapter shall not apply unless specifically adopted herein.

The following table is provided for reference:

Appendix
Chapter
Subject Applicability
A Employee Qualifications Not Applicable / Not Adopted
B Board of Appeals Not Applicable / Not Adopted
C Group U Agricultural Buildings Not Applicable / Not Adopted D Fire Districts Not Applicable / Not Adopted
E Reserved Not Applicable / Not Adopted
F Rodent Proofing Not Applicable / Not Adopted
G Flood Resistant Construction Not Applicable / Not Adopted H Signs Not Applicable / Not Adopted
I Patio Covers Applicable BSC/HCD 1
J Grading Applicable BSC/HCD 1 and 2
K Group R-3; R-3.1 Central Valley
Flood Protection Plan
Not Applicable / Not Adopted
L Earthquake Recording
Instrumentation
Not Applicable / Not Adopted
M Tsunami-Generated Flood
Hazard
Not Applicable / Not Adopted
N Replicable Buildings Not Applicable / Not Adopted
O Performance Base Application Not Applicable / Not Adopted P Emergency Housing Applicable/HCD 1 and 2
8-1.4Amendments to California Building Code Volume 1
Volume 1 of the 2025 California Building Code is hereby amended as follows:

Ordinance No. _____
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(a) Section 101.1 is amended to read as follows:
101.1 Title. The California Building Code, as amended by this Chapter, shall be known as the Building Code of the City of Emeryville. The provisions contained in this Chapter are adopted, and together with the amended California Building Code, are referred to hereafter as “these regulations” or “these building standards” or “this code.”
(b) Section 101.4.4 is amended to read as follows:
101.4.4 Property maintenance. The provisions of the International Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.
(c) Section 101.4.5 is amended to read as follows:
101.4.5 Fire prevention. The provisions of the California Fire Code as amended by the City of Emeryville shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.
(d) Section 102.6.2 is added to read as follows:
102.6.2 Buildings previously occupied. Upon securing a City Business License, the applicant shall notify the fire department to verify existing occupancy or intended use. An inspection fee will be assessed per Master Fee Schedule. (e) Section 103.1 is amended to read as follows:
103.1 Creation of Enforcement Agency. The Building Division of the City of Emeryville Community Development Department is hereby designated as the enforcement agency for this code and the official in charge thereof shall be known as the Building Official or the Authority Having Jurisdiction. The Building Official is hereby authorized and directed to enforce all the provisions of this code. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules, and regulations shall be in conformity with the intent and purpose of this code.

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(f) Section 104.7 is amended to read as follows:
104.7 Department records. The Building Official shall keep official records of applications received, permits and certificates issued, fees collected, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.
(g) Section 105.1.1 is added to read as follows:
105.1.1 Permits. Required.
(1) Re-striping, re-surfacing or re-configuration of parking lots containing disabled access parking requires a building permit.
(h) Section 105.1.1 Annual Permits is deleted.
(i) Section 105.1.2 Annual Permit Records is deleted.
(j) Section 105.1.3 is added to read as follows:
105.1.3 City Council Approval Required to Demolish Residential Structure.

The Building Official shall not issue a building permit to demolish a residential structure, as such terms are defined in Article 12 of Chapter 5 of Title 9 of the Emeryville Municipal Code, except upon the approval of the City Council in conformance with Section 9-5.1209 of Article 12 of Chapter 5 of Title 9 of the Emeryville Municipal Code.
(k) Section 105.1.4 is added to read as follows:
105.1.4 City Council Approval Required to Demolish Significant Structure.

The Building Official shall not issue a building permit to demolish a significant structure, as such terms are defined in Article 12 of Chapter 5 of Title 9 of the Emeryville Municipal Code, except upon the approval of the City Council in conformance with Section 9-5.1209 of Article 12 of Chapter 5 of Title 9 of the Emeryville Municipal Code.
(l) Section 105.1.5 is reserved.
(m) Section 105.1.6 is added to read as follows:
105.1.6 Unsafe or Dangerous Conditions. Nothing in this section 105.1 shall prevent any measures of demolition necessary to correct unsafe or dangerous conditions of any building or part thereof, where the condition has been declared unsafe or dangerous by the Building Official or the Fire Marshal and where the proposed measures have been declared necessary on an urgency basis by the official to correct the condition; provided however that the Building Official or Fire Marshal shall first provide written notice to the City Council and only such work Ordinance No. _____
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as is absolutely necessary to correct the immediate danger is permitted and is done with due regard for the preservation of the appearance of the structure. (n) Sub-sections 6 and 7 of Section 105.2 are amended to read as follows:
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

6. Sidewalks, decks, and driveways not more than 30 inches (762 mm) above adjacent grade, are not attached, and not over any basement or story below and are not part of an accessible route.

7. Painting, papering, tiling, carpeting, resurfacing cabinets, resurfacing counter tops and similar finish work.
(o) Section 105.5.2 is added to read as follows:
105.5.2 Renewal permit. In the event that an initial or a renewed permit expires before the work is complete, the completion of the work shall require the issuance of a “completion” permit and the payment of an additional permit fee; moreover, the Building Official shall have the authority to require the resubmittal of plans, a new plan review, and/or the updating or reassessment of the valuation of the incomplete work. This completion permit will require that all incomplete work conform to the laws, regulations, rules, and ordinances in effect at the time of issuance and that all work be completed prior to the expiration date; no further extensions or renewals shall be allowed. The completion permit fee shall be established as indicated in Section 109.2 of this Chapter and in accordance with the schedule of previously completed and inspected work.

Notwithstanding the above the Building Official shall have the authority to require the resubmittal of some or all of the plans and specifications, a partial or complete plan review, the payment of additional review and filing fees, and that all work conform to the laws, regulations, rules, and ordinances in effect at the time of the latest permit application.
(p) Section 107.3.3 is amended to read as follows:
107.3.3 Phased approval. The Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code and or approved by City departments. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building Ordinance No. _____
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operations and without assurance that a permit for the entire structure will be granted. A licensed design professional or agent authorized by the Building Official shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, construction coordination for compatibility with the design of the building for the duration of construction. Additional fees shall be assessed for any phase request and for each subsequent phase requests in accordance with the City of Emeryville Master Fee Schedule.
(q) Section 107.3.4.1 is added to read as follows:
107.3.4.1 Deferred submittals. Deferred submittals shall not be considered as Phased approval request.
(r) Section 109.1.1 is added to read as follows:
109.1.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid in accordance with the City of Emeryville Master Fee Schedule.
(s) Section 109.1.2 is added to read as follows:
109.1.2 Plan Review Fees. When submittal documents are required by Section 107.1 of this Chapter, a plan review fee shall be paid at the time of submitting the said documents for review. Said plan review fee shall be assessed by the Building Official in accordance with the schedule described in the City of Emeryville Master Fee Schedule. The plan review fee specified in this Section is separate from and in addition to the permit fee specified in Section 109.1.1 of this Chapter. This review fee shall cover a maximum of two reviews and a consultation consisting of no more than one hour of staff time. Any further rechecking shall be subject to the additional plan checking fee established in the fee schedule described in City of Emeryville Master Fee Schedule; moreover, when submittal documents are incomplete or changed so as to require additional plan review, or when the project involves deferred submittal items, revisions after permit issuance, the additional plan review fee shall be charged as specified in said fee schedule.
(t) Section 109.1.3 is repealed.
(u) Section 109.2 is amended to read as follows:
109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the City of Emeryville Master Fee Schedule.

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(v) Section 109.3 is amended to read as follows:
109.3 Building Permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including, but not limited to, materials, labor, for which the permit is being issued, electrical, gas, mechanical, plumbing, equipment; bonds, insurance; costs associated with abatement and remedial work for grading; fees for permits issued by other jurisdictions; all fixed (e.g. secured to building) equipment and furniture, all equipment used in residential and non-residential facilities, all fixed items such as shelving racks and other storage devices; all overhead profits, and other soft costs. Permit valuations shall not include the value of land, design costs such as architect and engineer costs, and the costs for obtaining a City of Emeryville business tax certificate. A minimum valuation established by the Building Official or the declared valuation, whichever is higher, shall be used to calculate the permit and plan check fees in accordance with the City of Emeryville Master Fee Schedule. Proof of the declared valuation will be required to be submitted prior to the issuance of permits. Final building permit valuation shall be set by the Building Official.
(w) Section 109.4 is amended to read as follows:
109.4 Work commencing before a permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be deemed as Construction work without required permits and subject to penalty fee assessment established by the City of Emeryville Master Fee Schedule that shall be in addition to the required permit fees.
(x) Section 109.6 is amended to read as follows:
109.6 Fee Refunds. The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee or applicant.

The Building Official may authorize refunding of any fee paid under this code that was erroneously paid or collected. The Building Official may authorize the refunding of a maximum of 80% of the plan review fee paid if no plan review comments have been issued by the Building Official prior to the receipt of the request for refund. No refund of this fee shall be authorized following the issuance of the initial plan review comments by the Building Official.

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permit expiration date, no refund of the permit fee shall be authorized. No transfer of permit fees paid for one permit application to a subsequent permit application shall be authorized.
(y) Section 111.2 is amended to read as follows:

Section 111.2 Certificate issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the City of Emeryville, upon formal request of the permit applicant, tenant, or owner’s representation, the Building Official shall issue a certificate of occupancy that contains the following:

1. The building permit number.

2. The address of the structure.

3. The name and address of the owner or owner’s authorized agent.

4. A description of that portion of the structure for which the certificate is issued.

5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

6. The name of the Building Official.

7. The edition of the code under which the permit was issued.

8. The use and occupancy, in accordance with the provisions of Chapter 3 of the California Building Code.

9. The type of construction as defined in Chapter 6 of the California Building Code.

10.The design occupant load.

11.If an automatic sprinkler system is provided, whether the sprinkler system is required.

12.Any special stipulations and conditions of the building permit.

13.Prior to the issuance of the certificate of occupancy a fee to cover administrative costs in accordance with the City of Emeryville Master Fee Schedule shall be paid.
(z) Section 111.3 is amended to read as follows:

Section 111.3 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely, compliance for disabled access, (if applicable) conditions of approval verified for compliance, any City agreements consummated, and remaining fees paid. The Building Official shall set a time period during which the temporary certificate of occupancy is valid. Prior to the issuance of the temporary certificate of occupancy a fee to cover administrative costs in accordance with the City of Emeryville Master Fee Schedule shall be paid.

Ordinance No. _____
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(aa) Section 111.5 is added to read as follows:

Section 111.5 Abandonment of Legal Occupancy. Whenever the legal occupancy or use of a building or structure, other than a 1 or 2 family dwelling, is abandoned continuously for a period of one (1) year or more, the said building or structure shall be considered to have no legal occupancy and shall be so declared by the Building Official. When this building or structure is next occupied or used after such declaration, it may be necessary to fully comply with the requirements for the new occupancy or use per the requirements of this code. (bb) Section 114.1.1 is added to read as follows:

Section 114.1.1 Occupancy violations. Whenever any building or structure or equipment therein, or portion thereof, as is regulated by this code or by any other pertinent law, rule, regulation, or ordinance, is being used or occupied contrary to this code or to such law, rule, regulation, or ordinance, or when the use or occupancy of the same is changed without the approval of the Building Official, the Building Official shall have the authority to order such use or occupancy discontinued, and the building or structure, or portion thereof, vacated, by serving written notice to any persons causing such use or occupancy to be continued.

All vacation notices shall state the specific nature of the violation(s), including a reference to the code provision, law, ordinance, rule, or regulation being violated, the time limit when the said use or occupancy must be discontinued, and if necessary, the time when the building or structure, or portion thereof, must be vacated. If there are no persons present on the premises, the Building Official shall post the notice in a conspicuous place. No person shall continue to use or occupy the said building or structure or equipment, or portion thereof, contrary to the terms of such notice, pending the correction of the stated violation(s) and the approval of the use or occupancy by the Building Official. (cc) Section 903.2.1 is amended to read as follows:

Section 903.2.1 Group A Occupancies. As required by Emeryville Municipal Code Title 4 Chapter 5.
(dd) Section 903.2.7 is amended to read as follows:

Section 903.2.7 Group M Occupancies. As required by Emeryville Municipal Code Title 4 Chapter 5.
(ee) Section 903.2.11.6.1 is added to read as follows:

Section 903.2.11.6. Other required suppression systems. As required by Emeryville Municipal Code Title 4 Chapter 5.
(ff) Section 903.2.21 is added to read as follows:

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Section 903.2.21 Renovations. As required by Emeryville Municipal Code Title 4 Chapter 5
(gg) Section 3302.3.1 is added to read as follows:

Section 3302.3.1 Standards for Construction Site Fire Safety These standards are intended to prescribe minimum safeguards for new building construction projects in order to provide a reasonable degree of safety to life and property from fire during construction involving combustible materials. This document shall not be construed to be in lieu of any other applicable State or Federal law, or regulation related to construction site safety. The applicant or other designee of the building owner shall be responsible for compliance with these standards. When the term “shall” is used in this document, it means a mandatory requirement.

Exceptions:

1. 1 and 2 Family Dwellings

2. U occupancies

3. Non-residential

4. As determined by the building official
(hh) Section 3302.3.2 is added to read as follows:

Section 3302.3.2 Fire Protection Plan
A written Fire Protection Plan (FPP) shall be developed for significant or complex construction projects at the discretion of the building official. The plan shall be approved by the building official prior to proceeding past foundation work for new buildings. The written plan shall be consistent with the fire safety precautions as specified in this standard. The applicant is responsible for carrying out the provisions of the FPP and communicating it to all subcontractors. The FPP shall, as a minimum, include the following:

1. Removal of combustible debris

2. Maintenance of emergency access roads.

3. Site plans and Floor plans identifying the locations of the following:
a) Portable fire extinguishers.
b) Locations of fire hose valves during combustible construction. c) Fire hydrants.
d) Standpipes.
e) Fire sprinkler systems including temporary shut-off valves (see below). f) Fire walls.
g) Compartmentalization walls.
h) Fire water valve locations.
i) Detailed sprinkler plans during combustible construction.

4. The name and contact phone number of the Site Safety Director. (ii) Section 3302.3.3 is added to read as follows:

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Section 3302.3.3 Site Security

1. Site security plan.

2. Controlled access points / site fencing.

3. Security guard(s) to perform fire watch patrols after construction hours.

4. Provide security access control hardware with proximity readers and functionality, the system shall be strategically located throughout buildings for security guard to acknowledge during patrols.

5. Security camera coverage during combustible construction. Utilization of portable cameras is recommended.

6. Identify measures taken to prevent tampering of powering devices supplying power to security cameras.

7. Identify how fire service water valves are secured.
(jj) Section 3302.3.4 is added to read as follows:

Section 3302.3.4 Fire Protection Systems

1. Fire Hydrants: Where underground water mains and hydrants are required for the building(s) under construction, they shall be installed, completed, and in service prior to combustible construction materials accumulating on site.

2. Standpipes: Where standpipes are required, the standpipes shall be installed when the progress of construction is not more than 35 feet in height above the lowest level of the fire department access. Standpipes shall be provided with fire department hose connections at accessible locations adjacent to usable stairs. The standpipe system shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. Each floor shall be provided with a 2½-inch fire hose valve for fire department use. Where construction height requires installation of a Class III standpipe, fire pumps and water main connections shall be provided to serve the standpipe. (EMC Section 903.2.11.6.1)

3. Fire Extinguishers: Portable fire extinguishers shall be provided and shall be mounted on a wall or post at each usable stairway and such that the travel distance to any extinguisher does not exceed 75 feet. Mounting height to the top of the extinguisher shall not exceed 5 feet. Extinguishers shall not have less than a 2A10BC rating or as otherwise directed by the fire department. The general contractor shall ensure that an adequate number of individuals are trained in the proper use of portable fire extinguishers.

4. Fire Walls (Area Separation Walls): When Fire Walls (area separation walls) are required, the wall construction shall be completed (with all openings protected) immediately after the building is sufficiently weather protected at the location of the wall(s).

5. Fire Sprinkler Systems: Where automatic fire sprinkler systems are required to be installed, the system shall be placed in service as soon as Ordinance No. _____
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possible. For buildings of Type I or II non- combustible construction, activation of the fire sprinkler system may be delayed until combustible finishes, furnishings or equipment are installed, and the building or area is not used for combustible storage or any other purpose.
(i) Immediately upon the completion of sprinkler pipe installation on each floor level, the piping shall be hydrostatically tested and inspected. After inspection approval from the Fire Department, each floor level of sprinkler piping shall be connected to the system supply riser and placed into service with all sprinkler heads uncovered. Protective caps may be installed on the active sprinklers during the installation of drywall, texturing and painting, but shall be removed immediately after this work is completed. For system activation notification, install a temporary fire alarm water flow device and exterior alarm bell connected to the sprinkler water flow device.

6. Fire Sprinkler Systems during construction: Fire suppression system shall be installed and charged during combustible construction for floors below active wood framing level. A centralized shut-off valve may be installed under the following conditions to prevent accidental release of water during construction activities:
a) The shut-off valve shall be in a secure location.
b) Access to the shut-off valve is accessible only to site superintendent protected with lock and key.
c) The shut-off valve shall be in a “open” status during non-working hours. d) The shut-off valve shall be subject to security cameras for reference. (kk) Section 3302.3.5 is added to read as follows:

Section 3302.3.5 Special Fire Protection Systems

1. During the installation of Combustible Framing Members

2. Fire Walls: Fire walls and doors should be installed as soon as possible during combustible construction activities to assist in compartmentalizing wood framed zones.

3. Compartmentalization Walls: Compartmentalization wall construction shall be provided as follows:
a) Interior walls shall be completed with plywood sheathing into areas not exceeding 2,500 square feet per compartment. Openings are not required to be protected and
b) Corridor walls construction shall be completed with plywood sheathing in each 5,000 square foot segments of buildings. Openings are not required to be protected.
(ll) Section 3302.3.6 is added to read as follows:

Section 3302.3.6 Other Combustible Materials
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1. Combustible Debris: Wood, dust, cardboard, packing material, form lumber, and similar combustible debris shall not be accumulated within buildings. Such debris, rubbish, and waste material shall be removed from buildings daily.

2. Oily Rags: Oily rags and similar material shall be stored in metal or other approved containers equipped with tight-fitting covers.

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SECTION FOUR. REPEALING AND REPLACING CHAPTER 2 OF TITLE 8 OF THE

EMERYVILLE MUNICIPAL CODE
Chapter 2 of Title 8 of the Emeryville Municipal Code is hereby repealed and replaced with the following:

CHAPTER 2 HISTORICAL BUILDING CODE
Sections:
8-2.1 Title.
8-2.2 Adoption.
8-2.1 Title.

The Ordinance codified in this Chapter shall be known and may be cited as the Historical Building Code of the City of Emeryville and will be referred to in this Chapter as “this code.”
8-2.2 Adoption.

The following documents are hereby collectively adopted as the Historical Building Code of the City of Emeryville:

A. The 2025 California Historical Building Code (California Code of Regulations, Title 24, Part 8), as published by the International Code Council (ICC) and the California Building Standards Commission, and as codified in Health and Safety Code Sections 18950 to 18961 of Division 13, Part 2.7.

A copy of this code is on file in the office of the Building Official.

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SECTION FIVE. REPEALING AND REPLACING CHAPTER 3 OF TITLE 8 OF THE

EMERYVILLE MUNICIPAL CODE
Chapter 3 of Title 8 of the Emeryville Municipal Code is hereby repealed and replaced with the following:

CHAPTER 3 EXISTING BUILDING CODE
Sections:
8-3.1 Title.
8-3.2 Adoption.
8-3.1 Title.

The Ordinance codified in this Chapter shall be known and may be cited as the Existing Code of the City of Emeryville and will be referred to in this Chapter as “this code.”
8-3.2 Adoption.

The following documents are hereby collectively adopted as the Existing Building Code of the City of Emeryville:

A. The 2025 California Existing Building Code (CEBC) (California Code of Regulations, Title 24, Part 10), as published by the International Code Council (ICC) and the California Building Standards Commission.

A copy of this code is on file in the office of the Building Official.

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SECTION SIX. REPEALING AND REPLACING CHAPTER 4 OF TITLE 8 OF THE

EMERYVILLE MUNICIPAL CODE
Chapter 4 of Title 8 of the Emeryville Municipal Code is hereby repealed and replaced with the following:

CHAPTER 4 RESIDENTIAL CODE
Sections:
8-4.1 Title.
8-4.2 Adoption.
8-4.3 Applicability of California Residential Code Appendix Chapters 8-4.4 Amendments to California Residential Code
8-4.1 Title.

The Ordinance codified in this Chapter shall be known and may be cited as the Residential Code of the City of Emeryville and will be referred to in this Chapter as “this code.”
8-4.2 Adoption.

The following documents are hereby collectively adopted as the Residential Code for the City of Emeryville, pursuant to the provisions of Section 50020 et. seq. of the Government Code of the state:

A. The 2024 International Residential Code (IRC) as amended by the state and known as the 2025 California Residential Code (CRC) as published by the California Building Standards Commission, and as further modified and amended by this Chapter.

A copy of this code is on file in the office of the Building Official. 8-4.3 Applicability of California Residential Code Appendix Chapters Wherever in the California Residential Code reference is made to an appendix chapter, the provisions of said appendix chapter shall not apply unless specifically adopted herein. The following table is provided for reference:

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Appendix
Chapter
Subject Applicability
AA Reserved Not Applicable / Not Adopted
AB Reserved Not Applicable / Not Adopted
AC Reserved Not Applicable / Not Adopted
AD Reserved Not Applicable / Not Adopted
AE Reserved Not Applicable / Not Adopted
AF Radon Control Methods Not Applicable / Not Adopted
AG Reserved Not Applicable / Not Adopted
AH Patio Covers Applicable / HCD 1
AI Private Sewer Disposal Not Applicable / Not Adopted
AJ Existing Building and Structures Not Applicable / Not Adopted AK Sound Transmission Not Applicable / Not Adopted
AL Permit Fees Not Applicable / Not Adopted
AM Reserved Not Applicable / Not Adopted
AN Reserved Not Applicable / Not Adopted
AO Automatic Vehicular Gates Not Applicable / Not Adopted AP Reserved Not Applicable / Not Adopted
AQ Tiny Houses Applicable / HCD 1 and 2
AR Light Straw-Clay Construction Not Applicable / Not Adopted AS Straw bale Construction Applicable / HCD 1
AT Solar Ready Provisions
Detached R3 and Townhouses
Not Applicable / Not Adopted
AU Monolithic Adobe Not Applicable / Not Adopted
AV Board of Appeals Not Applicable / Not Adopted
AW 3D-Printed Building Construction Not Applicable / Not Adopted AX Swimming Pool Safety Act Applicable / BSC
AY Areas Protected Facilities Central
Valley Flood
Not Applicable / Not Adopted
AZ Emergency Housing Applicable / HCD 1
8-4.4Amendments to California Residential Code.

The 2025 California Residential Code is hereby amended as follows:
(a) Section R101.1 is amended to read as follows:

R101.1 Title. The California Residential Code, as amended by this Chapter, shall be known as the Residential Code of the City of Emeryville. The provisions contained in this Chapter are adopted, and together with the amended California Residential Code, are referred to hereafter as “these regulations” or “these building standards” or “this code.”
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(b) Section R101.4 is added to read as follows:

R101.4 Property maintenance. The provisions of the International Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.
(c) Section R101.5 is added to read as follows:

R101.5 Fire prevention. The provisions of the California Fire Code as amended by the City of Emeryville shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.
(d) Section R103.1 is amended to read as follows:

R103.1 Creation of Enforcement Agency. The Building Division of the City of Emeryville Community Development Department is hereby designated as the enforcement agency for this code and the official in charge thereof shall be known as the Building Official or the Authority Having Jurisdiction. The Building Official is hereby authorized and directed to enforce all the provisions of this code. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules, and regulations shall be in conformity with the intent and purpose of this code. (e) Section R104.12 is added to read as follows:

Unsafe or Dangerous Conditions. Nothing in this section shall prevent any measures of demolition necessary to correct unsafe or dangerous conditions of any building or part thereof, where the condition has been declared unsafe or dangerous by the Building Official or the Fire Marshal and where the proposed measures have been declared necessary on an urgency basis by the official to correct the condition; provided however that the Building Official or Fire Marshal shall first provide written notice to the City Council and only such work as is absolutely necessary to correct the immediate danger is permitted and is done with due regard for the preservation of the appearance of the structure.

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(f) Section R105.2 is amended as follows:

R105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

5. Sidewalks, decks, and driveways not more than 30 inches (762 mm) above adjacent grade, are not attached, and not over any basement or story below and are not part of an accessible route.

6. Painting, papering, tiling, carpeting, resurfacing cabinets, resurfacing counter tops and similar finish work.

10.Decks, not more than 30 inches (762 mm) above adjacent grade, that are not attached and not over any basement or story below and are not part of an accessible route.
(g) Section 105.5.1 is added and amended to read as follows:
105.5.1 Renewal permits. In the event that an initial or a renewed permit expires before the work is complete, the completion of the work shall require the issuance of a “completion” permit and the payment of an additional permit fee; moreover, the Building Official shall have the authority to require the resubmittal of plans, a new plan review, and/or the updating or reassessment of the valuation of the incomplete work. This completion permit will require that all incomplete work conform to the laws, regulations, rules, and ordinances in effect at the time of issuance and that all work be completed prior to the expiration date; no further extensions or renewals shall be allowed. The completion permit fee shall be established as indicated in Section R108.1 of this Chapter and in accordance with the schedule of previously completed and inspected work.

R105.5.2 Completion permits. In the event that an initial or a renewed permit expires before the work is complete, the completion of the work shall require the issuance of a “completion” permit and the payment of an additional permit fee; moreover, the Building Official shall have the authority to require the resubmittal of plans, a new plan review, and/or the updating or reassessment of the valuation of the incomplete work. This completion permit will require that all incomplete work conform to the laws, regulations, rules, and ordinances in effect at the time of issuance and that all work be completed prior to the expiration date; no further Ordinance No. _____
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extensions or renewals shall be allowed. The completion permit fee shall be established as indicated in Section R108.1 of this Chapter and in accordance with the schedule of previously completed and inspected work.

R106.3.3 Phased approval. The Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code and or approved by City departments. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operations and without assurance that a permit for the entire structure will be granted. A licensed design professional or agent authorized by the Building Official shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, construction coordination for compatibility with the design of the building for the duration of construction. Additional fees shall be assessed for any phase request and for each subsequent phase requests in accordance with the City of Emeryville Master Fee Schedule.
(j) Section R108.1 is amended to read as follows:

R108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the addition fee, if any, has been paid in accordance with the City of Emeryville Master Fee Schedule.
(k) Section R108.1.1 is added to read as follows:

R108.1.1 Plan Review Fees. When submittal documents are required by Section R106.1 of this Chapter, a plan review fee shall be paid at the time of submitting the said documents for review, a plan review fee shall be paid at the time of submitting the said documents for review. Said plan review fee shall be assessed by the Building Official in accordance with the schedule described in the City of Emeryville Master Fee Schedule. The plan review fee specified in this Ordinance No. _____
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Section is separate from and in addition to the permit fee specified in Section 109.1.1 of this Chapter. This review fee shall cover a maximum of two reviews and a consultation consisting of no more than one hour of staff time. Any further re-checking shall be subject to the additional plan checking fee established in the fee schedule described in City of Emeryville Master Fee Schedule; moreover, when submittal documents are incomplete or changed so as to require additional plan review, or when the project involves deferred submittal items, revisions after permit issuance, the additional plan review fee shall be charged as specified in said fee schedule.
(l) Section R108.1.2 is Repealed.
(m) Section R108.2 is amended to read as follows:

R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the City of Emeryville Master Fee Schedule.
(n) Section R108.3 is amended to read as follows:

R108.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including, but not limited to, materials, labor, for which the permit is being issued, electrical, gas, mechanical, plumbing, equipment; bonds, insurance; costs associated with abatement and remedial work for grading; fees for permits issued by other jurisdictions; all fixed (e.g. secured to building) equipment and furniture, all equipment used in residential and non-residential facilities, all fixed items such as shelving racks and other storage devices; all overhead profits, and other soft costs. Permit valuations shall not include the value of land, design costs such as architect and engineer costs, and the costs for obtaining a City of Emeryville business tax certificate. A minimum valuation established by the Building Official or the declared valuation, whichever is higher, shall be used to calculate the permit and plan check fees in accordance with the City of Emeryville Master Fee Schedule. Proof of the declared valuation will be required to be submitted prior to the issuance of permits. Final building permit valuation shall be set by the Building Official.
(o) Section R108.5 is amended to read as follows:

R108.5 Fee Refunds. The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee or applicant.

The Building Official may authorize refunding of any fee paid under this code that was erroneously paid or collected. The Building Official may authorize the refunding of a maximum of 80% of the plan review fee paid if no plan review comments have been issued by the Building Official prior to the receipt of the Ordinance No. _____
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request for refund. No refund of this fee shall be authorized following the issuance of the initial plan review comments by the Building Official.

R108.6 Work commencing before a permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the City of Emeryville Master Fee Schedule that shall be in addition to the required permit fees.
(q) Section R110.3 is amended to read as follows:

R110.3 Certificate issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the City of Emeryville, upon formal request of the permit applicant, tenant, owner’s representation, the Building Official shall issue a certificate of occupancy that contains the following:

1. The building permit number.

2. The address of the structure.

3. The name and address of the owner or owner’s authorized agent.

4. A description of that portion of the structure for which the certificate is issued.

5. Statement that the described portion of the structure has been inspected for compliance with the requirements of this code.

6. The name of the Building Official.

7. The edition of the code under which the permit was issued.

8. If an automatic sprinkler system is provided, whether the sprinkler system is required.

9. Any special stipulations and conditions of the building permit.

10. Prior to the issuance of the certificate of occupancy a fee to cover administrative costs in accordance with the City of Emeryville Master Fee Schedule shall be paid.
(r) Section R110.4 is amended to read as follows:

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R110.4 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely, compliance for disabled access, (if applicable) conditions of approval verified for compliance, any City agreements consummated, and remaining fees paid. The Building Official shall set a time period during which the temporary certificate of occupancy is valid. Prior to the issuance of the temporary certificate of occupancy a fee to cover administrative costs in accordance with the City of Emeryville Master Fee Schedule shall be paid.
(s) Section R110.6 is added to read as follows:

R110.6 Notice of violation. Whenever any building or structure or equipment therein, or portion thereof, as is regulated by this code or by any other pertinent law, rule, regulation, or ordinance, is being used or occupied contrary to this code or to such law, rule, regulation, or ordinance, or when the use or occupancy of the same is changed without the approval of the Building Official, the Building Official shall have the authority to order such use or occupancy discontinued, and the building or structure, or portion thereof, vacated, by serving written notice to any persons causing such use or occupancy to be continued. All vacation notices shall state the specific nature of the violation(s), including a reference to the code provision, law, ordinance, rule, or regulation being violated, the time limit when the said use or occupancy must be discontinued, and if necessary, the time when the building or structure, or portion thereof, must be vacated. If there are no persons present on the premises, the Building Official shall post the notice in a conspicuous place. No person shall continue to use or occupy the said building or structure or equipment, or portion thereof, contrary to the terms of such notice, pending the correction of the stated violation(s) and the approval of the use or occupancy by the Building Official.

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SECTION SEVEN. REPEALING AND REPLACING CHAPTER 5 OF TITLE 8 OF THE

EMERYVILLE MUNICIPAL CODE
Chapter 5 of Title 8 of the Emeryville Municipal Code is hereby repealed and replaced with the following:

CHAPTER 5. MECHANICAL CODE
Sections:
8-5.1 Title.
8-5.2 Adoption.
8-5.3 Applicability of California Mechanical Code Appendix Chapters 8-5.4 Amendments to California Mechanical Code
8-5.1Title.

The Ordinance codified in this Chapter shall be known and may be cited as the Mechanical Code of the City of Emeryville and will be referred to in this Chapter as “this code.”
8-5.2Adoption.

The following documents are hereby collectively adopted as the Mechanical Code for the City of Emeryville, pursuant to the provisions of Section 50020 et seq. of the Government Code of the state:

A. The 2024 Uniform Mechanical Code (UMC) as amended by the state and known as the 2025 California Mechanical Code (CMC) as published by the International Association of Plumbing and Mechanical Officials (IAPMO) and the California Building Standards Commission, and as further modified and amended by this Chapter.

A copy of this code is on file in the office of the Building Official. 8-5.3Applicability of California Mechanical Code Appendix Chapters.

Wherever in the California Mechanical Code reference is made to an appendix chapter, the provisions of said appendix chapter shall not apply unless specifically adopted by this code. The following table is provided for reference:

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Appendix
Chapter
Subject Applicability
A Residential Plan Examiner
Review Form for HVAC
System Design
Not Applicable / Not Adopted
B Procedures to be followed
to place Gas Equipment in
Operation
Not Applicable / Not Adopted
C Installation and Testing of
Oil (Liquid) Fuel-Fired
Equipment.

Not Applicable / Not Adopted
D Manufactured Mobile
Home Park/Rec. Parks
Not Applicable / Not Adopted
E Sustainable Practices Not Applicable / Not Adopted
F Geothermal Energy
Systems
Not Applicable / Not Adopted
G Sizing of Venting Systems
and Outdoor Combustion
and Ventilation Opening
Design
Not Applicable / Not Adopted
H Example Calculation of
Outdoor Air Rate
Not Applicable / Not Adopted
8-5.4Amendments to California Mechanical Code.

The 2025 California Mechanical Code is hereby amended as follows:
(a) Section 101.1 is amended to read as follows:
101.1 Title. The California Mechanical Code, as amended by this Chapter, shall be known as the Mechanical Code of the City of Emeryville. The provisions contained in this Chapter are adopted, and together with the amended California Mechanical Code are referred to hereafter as “these regulations” or “these standards” or “this code.”
(b) Section 103.0 is added to read as follows:
103.0 Duties and Powers of the Authority Having Jurisdiction. The Building Division of the City of Emeryville Community Development Department is hereby designated as the enforcement agency for this code and the official in charge thereof shall be known as the Building Official or the Authority Having Jurisdiction. The Building Official is hereby authorized and directed to enforce all the provisions of this code. For such purposes, the Building Official shall have Ordinance No. _____
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the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules, and regulations shall be in conformity with the intent and purpose of this code. (c) Section 104.4.4 is added and amended to read as follows:
104.4.4.1 Renewal Permit In the event that an initial or a renewed permit expires before the work is complete, the completion of the work shall require the issuance of a “completion” permit. The payment of an additional permit fee; moreover, the Building Official shall have the authority to require the resubmittal of plans, a new plan review, and/or the updating or reassessment of the valuation of the incomplete work. This completion permit will require that all incomplete work conform to the laws, regulations, rules, and ordinances in effect at the time of issuance and that all work be completed prior to the expiration date; no further extensions or renewals shall be allowed. The completion permit fee shall be established as indicated in the City of Emeryville Master Fee Schedule and in accordance with the schedule of previously completed and inspected work.

Notwithstanding the above, in the event that a permittee fails to complete the work and to obtain a completion permit within one (1) year following the expiration of an initial or a renewal permit, the work may not be completed pending the issuance of a new permit. The Building Official shall have the authority to require the resubmittal of some or all of the plans and specifications, a partial or complete plan review, the payment of additional review and filing fees, and that all work conform to the laws, regulations, rules, and ordinances in effect at the time of the latest permit application.
(d) Section 104.5 is amended to read as follows:
104.5 Permit Fees. The fee for each permit shall be as set forth in accordance with the City of Emeryville Master Fee Schedule.
(e) Section 104.5.3 added to read as follows:
104.5.3 Fee Refunds. The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee or applicant.

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The Building Official may authorize the refunding of a maximum of 80% of the initial permit fee paid when no work has been done under an unexpired permit issued in accordance with this code. If no work has been done and an issued permit has expired, the Building Official may authorize refunding of not more than 40% of the said permit fee, provided that the request for refund is submitted within one (1) year following the permit expiration; after one (1) year beyond the permit expiration date, no refund of the permit fee shall be authorized. No transfer of permit fees paid for one permit application to a subsequent permit application shall be authorized.
(f) Section 104.5.4 is added to read as follows:
104.5.4 Plan Review Fees. When submittal documents are required by Section R106.1 of this Chapter, a plan review fee shall be paid at the time of submitting the said documents for review, a plan review fee shall be paid at the time of submitting the said documents for review. Said plan review fee shall be assessed by the Building Official in accordance with the schedule described in the City of Emeryville Master Fee Schedule. The plan review fee specified in this Section is separate from and in addition to the permit fee specified in Section 109.1.1 of this Chapter. This review fee shall cover a maximum of two reviews and a consultation consisting of no more than one hour of staff time. Any further re-checking shall be subject to the additional plan checking fee established in the fee schedule described in City of Emeryville Master Fee Schedule; moreover, when submittal documents are incomplete or changed so as to require additional plan review, or when the project involves deferred submittal items, revisions after permit issuance, the additional plan review fee shall be charged as specified in said fee schedule.

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SECTION EIGHT. REPEALING AND REPLACING CHAPTER 6 OF TITLE 8 OF THE

EMERYVILLE MUNICIPAL CODE
Chapter 6 of Title 8 of the Emeryville Municipal Code is hereby repealed and replaced with the following:

CHAPTER 6. PLUMBING CODE
Sections:
8-6.1 Title.
8-6.2 Adoption.
8-6.3 Applicability of California Plumbing Code Appendix Chapters 8-6.4 Amendments to California Plumbing Code
8-6.1Title.

The Ordinance codified in this Chapter shall be known and may be cited as the Plumbing Code of the City of Emeryville and will be referred to in this Chapter as “this code.”
8-6.2Adoption.

The following documents are hereby collectively adopted as the Plumbing Code of the City of Emeryville:

A. The 2024 Uniform Plumbing Code (UPC) as amended by the state and known as the 2025 California Plumbing Code (CPC) as published by the International Association of Plumbing and Mechanical Officials (IAPMO) and the California Building Standards Commission, and as further modified and amended by this Chapter.

A copy of this code is on file in the office of the Building Official. 8-6.3Applicability of California Plumbing Code Appendix Chapters.

Wherever in the California Plumbing Code reference is made to an appendix Chapter, the provisions of said appendix Chapter shall not apply unless specifically adopted by this code. The following table is provided for reference:

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Appendix
Chapter
Subject Applicability
A Recommended Rules for Sizing the
Water Supply System
Applicable HCD 1 and 2
B Explanatory Notes on Combination
Waste and Vent Systems
Not Applicable / Not Adopted
C Alternate Plumbing Systems Not Applicable / Not Adopted D Sizing Storm Water Drainage
Systems
Applicable HCD 1 and 2
E Manufactured/Mobile Home Parks
and Recreational Vehicle Parks
Not Applicable / Not Adopted
F Firefighter Breathing Air
Replenishment Systems
Not Applicable / Not Adopted
G Sizing of Venting Systems Not Applicable / Not Adopted H Private Sewage Disposal Systems Applicable HCD 1 and 2 I Installation Standards Applicable HCD 1 and 2
J Combination of Indoor and Outdoor
Combustion and Ventilation Opening
Design
Not Applicable / Not Adopted
K Potable Rainwater Catchment
Systems
Not Applicable / Not Adopted
L Sustainable Practices Not Applicable / Not Adopted
M Peak Water Demand Calculator Not Applicable / Not Adopted N Impact Water Temp/Scalding/Legion
Growth
Not Applicable / Not Adopted
8-6.4Amendments to California Plumbing Code.

The 2025 California Plumbing Code is hereby amended as follows:
(a) Section 101.1 is amended to read as follows:
101.1 Title. The Uniform Plumbing Code, as amended by this Chapter, shall be known as the Plumbing Code of the City of Emeryville. The provisions contained in this Chapter are adopted, and together with the amended California Plumbing Code, are referred to hereafter as “these regulations” or “these standards” or “this code.”
(b) Section 103.0 is amended to read as follows:
103.0 Duties and Powers of the Authority Having Jurisdiction. The Building Division of the City of Emeryville Community Development Department is hereby designated as the enforcement agency for this code and the official in charge thereof shall be known as the Building Official or the Authority Having Ordinance No. _____
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Jurisdiction. The Building Official is hereby authorized and directed to enforce all the provisions of this code. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules, and regulations shall be in conformity with the intent and purpose of this code. (c) Section 104.1.1 is added to read as follows:
104.1.1 Permits Required General Requirements for Gas Shut-Off Valves.

Automatic gas shut-off valves installed either in compliance with this Section or voluntarily pursuant to a plumbing permit, shall comply with Chapter 12 of the 2025 California Plumbing Code as adopted in its entirety subject to the modifications thereto which are set forth.
(d) Section 104.3.2 is amended to read as follows:
104.3.2 Plan Review Fees. When submittal documents are required by Section R106.1 of this Chapter, a plan review fee shall be paid at the time of submitting the said documents for review, a plan review fee shall be paid at the time of submitting the said documents for review. Said plan review fee shall be assessed by the Building Official in accordance with the schedule described in the City of Emeryville Master Fee Schedule. The plan review fee specified in this Section is separate from and in addition to the permit fee specified in Section 109.1.1 of this Chapter. This review fee shall cover a maximum of two reviews and a consultation consisting of no more than one hour of staff time to review.

Any further re-checking shall be subject to the additional plan checking fee established in the fee schedule described in City of Emeryville Master Fee Schedule; moreover, when submittal documents are incomplete or changed so as to require additional plan review, or when the project involves deferred submittal items, revisions after permit issuance, the additional plan review fee shall be charged as specified in said fee schedule.
(e) Section 104.4.3.1 is added to read as follows:
104.4.3.1 Renewal Permit. In the event that an initial or a renewed permit expires before the work is complete, the completion of the work shall require the issuance of a “completion” permit. The payment of an additional permit fee; moreover, the Building Official shall have the authority to require the resubmittal of plans, a new plan review, and/or the updating or reassessment of the valuation of the incomplete work. This completion permit will require that all incomplete work conform to the laws, regulations, rules, and ordinances in effect at the time of issuance and that all work be completed prior to the expiration date; no further extensions or renewals shall be allowed. The completion permit fee shall be Ordinance No. _____
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established as indicated in the City of Emeryville Master Fee Schedule and in accordance with the schedule of previously completed and inspected work.

Notwithstanding the above, in the event that a permittee fails to complete the work and to obtain a completion permit within one (1) year following the expiration of an initial or a renewal permit, the work may not be completed pending the issuance of a new permit. The Building Official shall have the authority to require the resubmittal of some or all of the plans and specifications, a partial or complete plan review, the payment of additional review and filing fees, and that all work conform to the laws, regulations, rules, and ordinances in effect at the time of the latest permit application.
(f) Section 104.5 is amended to read as follows:
104.5 Permit Fees. The fee for each plumbing permit shall be as set forth in accordance with the City of Emeryville Master Fee Schedule. (g) Section 104.5.3 amended to read as follows:
104.5.3 Fee Refunds. The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee or applicant.

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1209.1.2 Installation. Motion activated seismic gas shut-off valves shall be mounted rigidly to the exterior of the building or structure containing the fuel gas piping and installed downstream side of the gas utility meter unless otherwise specified in the manufacturer’s installation instructions. (j) Section 1209.1.3 is added to read as follows:
1209.1.3 Definitions. For the purpose of this Section terms shall be defined as follows:

AUTOMATIC GAS SHUT-OFF VALVE shall mean either a motion activated gas shut-off valve or device or an excess flow gas shut-off valve or device.

DOWNSTREAM OF GAS UTILITY METER shall mean all gas piping on the property owner’s side of the gas meter and after the service tee.

EXCESS FLOW GAS SHUT-OFF VALVE shall mean an approved valve or device that is activated by significant gas leaks or overpressure surges that can occur when pipes rupture inside a structure. Such valves are installed at each appliance, unless otherwise specified by the manufacturer’s installation instructions.

MOTION ACTIVATED GAS SHUT OFF VALVE shall mean an approved gas valve activated by motion. Valves are set to activate in the event of a moderate or strong seismic event greater than 5.0 on the Richter scale.

UPSTREAM OF GAS UTILITY METER shall mean all gas piping installed by the utility up to and including the meter and the utility’s service tee. (k) Section 1209.1.4 is added to read as follows:
1209.1.4 Devices When Required. Approved automatic gas shut-off valves shall be installed as follows:
(1) New Construction. In any new building construction containing gas piping for which a building permit is first issued on or after the effective date of this Section.
(2) Existing Buildings. In any existing building, when any addition, alteration or repair is made for which a building permit is issued on or after the effective date of this Section and the valuation for the work exceeds $50,000. (l) Section 1209.1.5 is added to read as follows:
1209.1.5 Listed Devices. Approved automatic gas shut-off valves shall:

1. Be tested and listed by recognized testing agencies such as the Independent Laboratory of the International Approval Services (IAS), Underwriter’s Laboratory (UL), International Association of Plumbing and Mechanical Officials (IAPMO) or any other agency approved by the State of California Office of the State Architect (OSA).

2. Be listed by the State of California Office of the State Architect (OSA).

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3. Be installed on downstream side of the gas utility meter.

4. Be installed in accordance with the manufacturer’s instructions.

5. Be installed in accordance with a plumbing permit issued by the City of Emeryville.

6. Provide a method for expedient and safe gas shut-off in an emergency.

7. Provide a capability for ease of consumer or owner resetting in a safe manner.
(Exceptions)

1. Buildings with individually metered residential units when the building contains 5 or more residential units, unless the units are condominiums.

2. For residential or mixed-use condominium buildings, valves are required when the value of the work exceeds $50,000 in any single condominium unit or when any work done outside of the units exceeds $50,000.

3. Commercial occupancies and uses in mixed use buildings of residential and non-residential occupancies with a single gas service line larger than 1 1/2 inches that serves the entire building.

4. Automatic gas shut-off valves installed with a building permit on a building prior to the effective date of this Section provided the valves remain installed on the building or structure and are adequately maintained for the life of the building or structure.

5. Automatic gas shut-off valves installed on a gas distribution system owned or operated by a public utility.

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SECTION NINE. REPEALING AND REPLACING CHAPTER 7 OF TITLE 8 OF THE

EMERYVILLE MUNICIPAL CODE
Chapter 7 of Title 8 of the Emeryville Municipal Code is hereby repealed and replaced with the following:

CHAPTER 7. ELECTRICAL CODE
Sections:
8-7.1 Title.
8-7.2 Adoption.
8-7.1Title.

The Ordinance codified in this Chapter shall be known and may be cited as the Electrical Code of the City of Emeryville and will be referred to in this Chapter as “this code.”
8-7.2Adoption.

The following documents are hereby collectively adopted as the Electrical Code of the City of Emeryville, pursuant to the provisions of Section 50020 et seq. of the Government Code of the state:

A. The 2024 National Electrical Code (NEC) as amended by the state and known as the 2025 California Electrical Code (CEC) as published by the National Fire Protection Association (NFPA) and the California Building Standards Commission. (California Code of Regulations, Title 24, Part 3.) A copy of this code is on file in the office of the Building Official.

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SECTION TEN. REPEALING AND REPLACING CHAPTER 8 OF TITLE 8 OF THE

EMERYVILLE MUNICIPAL CODE
Chapter 8 of Title 8 of the Emeryville Municipal Code is hereby repealed and replaced with the following:

CHAPTER 8. GREEN BUILDING STANDARDS CODE
Sections:
8-8.1 Title.
8-8.2 Adoption.
8-8.3 Amendments to California Green Building Standards Code. 8-8.1Title.

The Ordinance codified in this Chapter shall be known and may be cited as the Green Building Standards Code of the City of Emeryville or the CALGreen Code and will be referred to in this Chapter as “this code”.
8-8.2Adoption.

The following documents are hereby collectively adopted as the Green Building Standards Code of the City of Emeryville, pursuant to the provisions of Section 50020 et seq. of the Government Code of the state:

A. The 2025 Green Building Standards Code (CALGreen Code) as promulgated by the California Building Standards Commission (CBSC).

A copy of this code is on file in the office of the Building Official.

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SECTION ELEVEN. REPEALING AND REPLACING CHAPTER 9 OF TITLE 8 OF

THE EMERYVILLE MUNICIPAL CODE
Chapter 9 of Title 8 of the Emeryville Municipal Code is hereby repealed and replaced with the following:

CHAPTER 9. PROPERTY MAINTENANCE CODE
Sections:
8-9.1 Title.
8-9.2 Adoption.
8-9.1Title.

The Ordinance codified in this Chapter shall be known and may be cited as the Property Maintenance Code of the City of Emeryville and will be referred to in this Chapter as “this code.”
8-9.2Adoption.

The following documents are hereby collectively adopted as the Property Maintenance Code of the City of Emeryville, pursuant to the provisions of Section 50020 et seq. of the Government Code of the state:

A. The 2024 International Property Maintenance Code (IPMC) as promulgated by the International Code Council (ICC).

A copy of this code is on file in the office of the Building Official.

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SECTION TWELVE. REPEALING AND REPLACING CHAPTER 10 OF TITLE 8 OF

THE EMERYVILLE MUNICIPAL CODE
Chapter 10 of Title 8 of the Emeryville Municipal Code is hereby repealed and replaced with the following:

CHAPTER 10.ENERGY CODE
Sections:
8-10.1 Title.
8-10.2 Adoption.
8-10.1 Title.

The Ordinance codified in this Chapter shall be known and may be cited as the Energy Code of the City of Emeryville and will be referred to in this Chapter as “this code.” 8-10.2 Adoption.

The following documents are hereby collectively adopted as the Energy Code of the City of Emeryville, pursuant to the provisions of Section 50020 et seq. of the Government Code of the state:

A. The 2025 California Energy Code (CEC) as promulgated by the California Building Standards Commission (CBSC).

A copy of this code is on file in the office of the Building Official.

SECTION THIRTEEN. CEQA DETERMINATION
The City Council finds, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that this Ordinance is exempt from the requirements of CEQA because it can be seen with certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment because it does not propose or commit to any construction activities. This action is further exempt from the definition of Project in Section 15378(b) in that it is an organizational activity which concerns general policy and procedure making and will not result in a direct or indirect environmental change.

SECTION FOURTEEN. SEVERABILITY
Every section, paragraph, clause, and phrase of this Ordinance is hereby declared severable. If, for any reason, any section, paragraph, clause, or phrase is held to be Ordinance No. _____
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invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, clauses, or phrases.

SECTION FIFTEEN. EFFECTIVE DATE
The Chief Building Official is directed to file a copy of this Ordinance with the California Building Standards Commission. Upon such filing with the California Building Standards Commission, this Ordinance shall take effect on January 1, 2026. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by Government Code Section 33633.

SECTION SIXTEEN. CODIFICATION
Sections Three, Four, Five, Six, Seven, Eight, Nine, Ten, Eleven, and Twelve of this Ordinance shall be codified in the Emeryville Municipal Code. Sections One, Two, Thirteen, Fourteen, Fifteen, and Sixteen shall not be so codified.

This Ordinance was INTRODUCED AND FIRST READ by the City Council of the City of Emeryville at a regular meeting held Tuesday, October 7, 2025, and PASSED AND ADOPTED by the City Council of the City of Emeryville at a regular meeting held Tuesday, November 18, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY
City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: November 18, 2025
TO: LaTanya Bellow, City Manager
FROM: Chadrick Smalley, Community Development Director
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF EMERYVILLE REPEALING AND
REPLACING CHAPTER 5 OF TITLE 4 OF THE EMERYVILLE
MUNICIPAL CODE, ENTITLED “FIRE CODE” AND MAKING REQUIRED

FINDINGS RELATING TO THE ADOPTION AND AMENDMENT OF THE

CALIFORNIA BUILDING STANDARDS CODE (CEQA
DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINES
SECTIONS 15061(B)(3) AND 15378(B))

RECOMMENDATION
Staff recommends that the City Council approve the second reading and adopt the attached Ordinance repealing and replacing Chapter 5 of Title 4 of the Emeryville Municipal Code, entitled “Fire Code”, along with amendments based on local conditions and making required findings. If approved by the City Council, the Ordinance would take effect on January 1, 2026.

PREPARED BY: Chadrick Smalley, Community Development Director

APPROVED AND FORWARDED TO THE
CITY COUNCIL OF THE CITY OF EMERYVILLE:

LaTanya Bellow, City Manager

ATTACHMENTS
▪ Attachment 1 – Staff Report from October 7, 2025
▪ Fire Code Ordinance Amending Chapter 5 of Title 4 of the Emeryville Municipal Code
City of Emeryville

C A L I F O R N I A

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1 The International Building Code is used, with local amendments, in all 50 states.

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FISCAL IMPACT
Adoption of the updated Building and Fire Codes will have no direct fiscal impact on the City.

RECOMMENDATION
Staff recommends that the City Council take the following actions for each Ordinance:

1. Open the public hearing and take testimony on the proposed ordinances.

2. Close the public hearing and consider the Staff Report and proposed ordinances.

3. Introduce and waive first reading of the attached ordinances.

PREPARED BY: Giyan Senaratne, Interim Chief Building Official

APPROVED AND FORWARDED TO THE
CITY COUNCIL OF THE CITY OF EMERYVILLE:

LaTanya Bellow, City Manager

ATTACHMENTS
 Building Regulations Ordinance amending Title 8 of the Emeryville Municipal Code  Fire Code Ordinance amending Chapter 5 of Title 4 of the Emeryville Municipal Code ORDINANCE NO. _____
Ordinance Of The City Council Of The City Of Emeryville Repealing And Replacing Chapter 5 Of Title 4 Of The Emeryville Municipal Code, Entitled "Fire Code" And Making Required Findings Relating To The Adoption And Amendment Of The California Building Standards Code (CEQA Determination: Exempt Pursuant To CEQA Guidelines Sections 15061(b)(3) And 15378(b))
WHEREAS, the City of Emeryville's Fire Regulations are codified in Chapter 5 of Title 4 of the Emeryville Municipal Code and were last updated in 2022; and WHEREAS, it is the desire and intent of the City Council of the City of Emeryville to provide the public with the greatest degree of fire, life, health and structural safety in buildings in the most effective manner by adopting the most current body of regulations; and
WHEREAS, the California Building Standards Commission (CBSC) is responsible for administering the proposal, review, adoption, and implementation of the codes and regulations that establish building standards throughout California contained in Title 24 of the California Code of Regulations, commonly referred to as the California Building Standards Code; and
WHEREAS, the 2025 California Building Standards Code was published July 1, 2025, and will go into effect on January 1, 2026; and
WHEREAS, State law requires local jurisdictions to enforce the 2025 California Fire Code beginning January 1, 2026; and
WHEREAS, pursuant to Sections 13143.5, 17958.5, 17958.7, and 18941.5 of the California Health and Safety Code, a local jurisdiction may adopt amendments to the California Building Standards Code, including the California Fire Code, when such amendments are reasonably necessary because of local climatic, geological, or topographical conditions, and where such amendments establish requirements more stringent than those provided in the state code; and
WHEREAS, amendments are also necessary to the administration provisions to reflect Emeryville's local procedures and practices, as well as to ensure internal consistency between the various model codes that make up the Building Standards Codes; and WHEREAS, the Health and Safety Code requires that the City Council, before making any modifications and changes, makes an express finding that each modification or change is needed; and
WHEREAS, adoption of the 2025 California Fire Code and local amendments is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Title 14 of the California Administrative Code, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment in that it does not propose or commit to any construction activities. This Ordinance No. _____
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action is further exempt from the definition of Project in Section 15378(b)(2) in that it concerns general policy and procedure making.

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF EMERYVILLE HEREBY ORDAINS AS FOLLOWS:

SECTION ONE. PURPOSE AND INTENT
The purpose and intent of this Ordinance is to adopt the 2025 California Fire Code by repealing and replacing Chapter 5 of Title 4 of the Emeryville Municipal Code.

SECTION TWO. REQUIRED FINDINGS
Pursuant to Sections 13143.5, 17958.5, 17958.7, and 18941.5 of the California Health and Safety Code, a local jurisdiction may adopt amendments to the State Fire Code when such amendments are reasonably necessary because of local climatic, geological, or topographical conditions. In adopting amendments to the State Fire Code, the City Council finds such local conditions exist in the City of Emeryville as follows:

2. Emeryville is bisected topographically by Interstates 80 and 580. As a result the City is divided into discrete districts. To travel between districts emergency vehicles must travel under and over vehicular bridges. Heavy traffic congestion on the City's surface streets and overpasses could act as a barrier for timely arrival of emergency vehicles.

In the event of an accident or overpass failure due to an earthquake, sections of the City may become isolated or response time from first responders may be significantly slowed so as to increase the risk or severity of injury or property damage. The proposed amendments to the Fire Code address the local topographical conditions in Emeryville.

3. The amendments related to automatic fire extinguishing system (i.e. sprinklers) are more restrictive than the provisions in the State Building Code in that they require such Ordinance No. _____
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systems in certain circumstances in which they are not required by the State Building Code. These proposed amendments address the local geological and topographical conditions in Emeryville.

SECTION THREE. REPEALING CHAPTER 5 OF TITLE 4 OF THE EMERYVILLE

MUNICIPAL CODE
Chapter 5 of Title 4 of the Emeryville Municipal Code is hereby repealed in its entirety.

SECTION FOUR. ADOPTING CHAPTER 5 OF TITLE 4 OF THE EMERYVILLE

MUNICIPAL CODE
Chapter 5 of Title 4 of the Emeryville Municipal Code is hereby adopted to read as follows:

CHAPTER 5. FIRE CODE
Sections:
4-5.1 Title
4-5.2 Adoption
4-5.3 Amendments to California Fire Code 4-5.1 Title.
4-5.1 Title
The Ordinance codified in this Chapter shall be known and may be cited as the Fire Code of the City of Emeryville and will be referred to in this Chapter as "this code." 4-5.2 Adoption.

The following document is hereby adopted as the Fire Code of the City of Emeryville, A. The 2024 International Fire Code (IFC), as amended by the state and known as the 2025 California Fire Code (CFC) including Sections 101.1, 103.2 104.6, 104.11, and 107.2 and 503 (California Code of Regulations, Title 24, Part 9) as published by the International Code Council (ICC) and the California Building Standards Commission, and as further modified and amended by this Chapter.

A copy of this code is on file in the office of the City Clerk. 4-5.3 Amendments to California Fire Code.
(a) Section 101.1 is amended to read as follows:

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101.1 Title. These regulations shall be known as the Fire Code of the City of Emeryville hereinafter referred to as "this code".
(b) Section 103.2 is amended to read as follows:
103.2 Appointment. The fire code official shall be as specified in the Agreement between the City of Emeryville and the fire department serving the City of Emeryville. In the absence of such a provision in said Agreement, the fire code official shall be appointed by the City Manager.
(c) Section 104.6 is amended to read as follows:
104.6 Official records. The City of Emeryville shall keep official records as required by Sections 104.6.1, 104.6.2, and 104.6.4. Such official records shall be retained for the longer period of time which is: 1) not less than five years; 2) for as long as the structure or activity to which such records relate remains in existence; or 3) as otherwise provided by the City of Emeryville Records Retention Schedule. (d) Section 107.2 is amended to read as follows:
107.2 Schedule of permit fees. A fee for each Plan review, permit or inspection shall be paid as required, in accordance with the City of Emeryville Master Fee Schedule.
(e) Section 503.2.2 is amended to read as follows:
503.2.2 Authority. The fire code official shall have the authority to require or permit modifications to the required access widths where they are inadequate for fire or rescue operations or where necessary to meet the public safety objective of the City of Emeryville. The fire code official may allow a decrease in required access widths on a case by case basis to meet the urban design objectives of the City of Emeryville provided that public safety objectives are also met. (f) Sections 903.2.1.2, 903.2.1.3, and 903.2.1.4 are deleted and Section 903.2.1 is amended to read as follows:
903.2.1 Group A. An automatic sprinkler system shall be installed in Group A, A1, A-2, A-3, and A-4 occupancies as follows:

1. When there is more than 3,000 square feet of floor fire area, or

2. When the occupant load exceeds 100, or
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3. When the fire area is located on a floor other than a level of exit discharge serving such occupants, or

4. When the building is 35 feet or more in height, or

5. When the building is three or more stories, irrespective of height, or

6. The fire area contains a multi-theater complex.

For Group A-5 occupancies, assembly occupancies on roofs, and multiple fire areas, automatic sprinkler systems shall be provided as indicated in Sections 903.2.1.5, 903.2.1.6, and 903.2.1.7, respectively.
(g) Section 903.2.3 Group E is amended to read as follows:

Section 903.2.3 Group E. An automatic sprinkler system shall be installed in Group E occupancies as follows:

1. A group E Fire area exceeds 3,000 square feet, or

2. In rooms or areas with special hazards such as laboratories, vocational shops, and other such areas where hazardous materials in quantities not exceeding the maximum allowable quantity are used or stored, or

3. The group E fire area is located.
(h) Sections 903.2.4.1 and 902.4.2, and 903.2.4.3 are deleted and Section 903.2.4 Group F-1. Is amended to read as follows:

Section 903.2.4 Group F-1. An automatic sprinkler system shall be installed in Group F-1 occupancies as follows:

1. A group F-1 Fire area exceeds 2,500 square feet, or

2. A group F-1 fire area is located more than three stories above grade plan, or.

3. When the building is three or more stories, irrespective of height, or

4. The height of the building is 35 feet or more.
(i) Section 903.2.7.1 and 903.2.7.2 are deleted and Section 903.2.7 is amended to read as follows:

Section 903.2.7 Group M. An automatic sprinkler system shall be installed in Group M occupancies as follows:

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1. A Group M fire area exceeds 3,000 square feet, or

2. In all buildings of Group M where storage of merchandise is in high piled or rack storage arrays, or

3. When the building is three or more stories, irrespective of height, or

4. The height of the building is 35 feet or more.
(j) Section 903.2.9.1, 903.2.9.2, 903.2.10, 903.10.1 are deleted and Section 902.2.9 is amended to read as follows:
903.2.9 Group S. An automatic sprinkler system shall be provided throughout all buildings containing a Group S occupancy where one of the following conditions exists:

1. A Group S fire area exceeds 3,000 square feet, or

2. A Group S fire area is located more than three stories above grade plane, or

3. The height of the building is 35 feet or more.
(k) Section 903.2.13 is amended to read as follows:

Section 903.2.13 Group B and U.

General. An automatic fire extinguishing system shall be installed in all new Group B and U occupancies as follows:

1. A total floor area of 3,000 square feet or more, or

2. A height of 35 feet or more, or

3. Three or more stories, irrespective of height.
(l) Section 903.2.22 is added to read as follows:

Section 903.2.22 Renovations. Automated sprinkler systems shall be installed in all buildings or separate interest spaces that are substantially renovated as defined below.

1. Buildings. (Entire building in single fee title ownership). The building or portion thereof is being renovated, rehabilitated, or reconstructed and the value of the Ordinance No. _____
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improvements is equal to or greater than 50% of the replacement cost of the building.

2. Separate Interests in Common Interest Developments. (Building is subdivided into multiple fee title ownership interests.) A separate interest in a common interest development is being renovated, rehabilitated, or reconstructed and the value of the improvements is equal to or greater than 50% or the replacement cost of said interest.

3. Definition of Replacement Cost. In absence of proof to the contrary, replacement cost as used above shall mean the market value of the building or separate interest in a common interest development as determined by the Building Official at the time of submission of a building permit application. (m) Section 1103.5 is amended to read as follows:

Section 1103.5. Sprinkler Systems. An automatic sprinkler system shall be provided in existing buildings in accordance with sections 1103.5.1 through 1103.5.6
(n) Section 1103.5.6 is added to read as follows:

Section 1103.5.6 Automatic sprinkler systems shall be installed in all existing buildings or in any separate interest in a common interest development, as those terms are defined in California Civil Code Section 1351, with a minimum total floor area of 3,000 square feet if:

1. Subdivided Space or Subdivisions. The building or separate interest in a common interest development is being subdivided into multi-tenant spaces or being subdivided pursuant to the California Subdivision Map Act or the City's Subdivision Regulations, or:

2. Change of Use or Occupancy. The character of occupancy or use of the building or separate interest in a common interest development is being changed to a different division of the same occupancy or to a different occupancy as defined in California Building Code Chapter 3 Use and Occupancy Classification.

SECTION FIVE. CEQA DETERMINATION
The City Council finds, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that this Ordinance is exempt from the requirements of CEQA because it can be seen with certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment because it does not propose Ordinance No. _____
Adoption of California Fire Code
City Council Meeting | November 18, 2025

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or commit to any construction activities. This action is further exempt from the definition of Project in Section 15378(b) in that it is an organizational activity which concerns general policy and procedure making and will not result in a direct or indirect environmental change.

SECTION SIX. SEVERABILITY
Every section, paragraph, clause, and phrase of this Ordinance is hereby declared severable. If, for any reason, any section, paragraph, clause, or 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 SEVEN. EFFECTIVE DATE
The Chief Building Official is directed to file a copy of this Ordinance with the California Building Standards Commission. Upon such filing with the California Building Standards Commission, this Ordinance shall take effect on January 1, 2026. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by Government Code Section 33633.

SECTION EIGHT. CODIFICATION
Sections Three and Four of this Ordinance shall be codified in the Emeryville Municipal Code. Sections One, Two, Five, Six, Seven, and Eight shall not be so codified.

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

Ordinance No. _____
Adoption of California Fire Code
City Council Meeting | November 18, 2025

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CITY CLERK CITY ATTORNEY
City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: November 18, 2025
TO: LaTanya Bellow, City Manager
FROM: Mohamed Alaoui, Public Works Director
SBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

APPROVING THE PROJECT DESCRIPTION AS SET FORTH IN
ATTACHMENT A FOR THE 40TH STREET MULTIMODAL PROJECT;

AND DIRECTING STAFF TO RETURN THIS PROJECT TO THE CITY

COUNCIL FOR CONSIDERATION FOLLOWING THE COMPLETION OF

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REVIEW

AND THE NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)

PROCESS

RECOMMENDATION
Staff recommends that the City Council adopt the above-entitled resolution approving the project description as set forth in Attachment A for the 40th Street Multimodal Project, and that the City Council direct staff to return this project to the City Council for consideration of the final project following the completion of the CEQA and National Environmental Policy Act (NEPA) processes.

BACKGROUND
The 40th Street Multimodal Project (“Project”) is an initiative undertaken by the City of Emeryville to improve transportation for bus riders, pedestrians, and cyclists. The Project focuses on the redesign of 40th Street, as well as sections of San Pablo Avenue and Shellmound Street, with the aim of enhancing connectivity, safety, and efficiency for all modes of transportation. This Project holds significant importance as 40th Street is a vital multimodal connector, providing access to employment, essential services, and regional transit hubs including the MacArthur BART Station and the Bay Trail.

The Project has been developed over several years through a deliberate, phased process with extensive community engagement and multiple City Council actions.

The Project's origins date back to 2018, when public input led the City Council to direct staff to advance a design concept. Following further community engagement, the City Council formally approved the conceptual design for the Project on March 3, 2020 (Resolution No. 20-017) and at that time made an initial determination that the Project was exempt from the California Environmental Quality Act (CEQA). As part of that 2020 action, the Council also directed staff to study the feasibility of partially closing several unsignalized cross-streets on the north side of 40th Street to further enhance safety.

As the design and funding strategy progressed, the City Council took several key actions on July 18, 2023 (Resolution No. 23-105, 23-106, 23-107, and 23-108), to 40th Street Multimodal Project – Fall 2025 Update
City Council Meeting | November 18, 2025

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significantly refine and expand the Project's scope. In a comprehensive update, the Council:
 Approved the design concepts for the full closure of Hubbard and Haven Streets and the partial closure of Holden and Watts Streets.
 Formally incorporated the Shellmound Street segment (known as Part 2: Bay Trail Gap Closure) into the original Project scope, creating the single, unified 40th Street Multimodal Project as it is programmed today.
 Authorized amendments to the design contract with Diablo Engineering Group to advance the engineering for these expanded scopes.

This history of Council actions demonstrates a consistent commitment to advancing a comprehensive safety project for this vital corridor. Beyond the Council’s design concept direction, below is the remaining record for the Project to date:
 9/5/2017 – Resolution Authorizing The City Manager To Execute A Professional Services Agreement With Community Design + Architecture For An Amount Not To Exceed $176,270 For Preparation Of The 40th And San Pablo Transit Hub Concept Design
 7/19/2019 - Resolution Approving The 40th And San Pablo Bus Hub Project Conceptual Design Memorandum
 11/19/2019 – Resolution Authorizing The City Manager To Execute A Second Amendment To The Professional Services Contract With Community Design + Architecture, For An Additional Amount Not To Exceed $22,613 For The 40th And San Pablo Transit Hub Concept Design
 9/1/2020 - Resolution Authorizing The City Manager To Submit Applications To The California Department Of Transportation (Caltrans) And The Metropolitan Transportation Commission (MTC) For An Active Transportation Program Grant In The Amount Of $13,915,000 For The Bicycle And Pedestrian Portions Of The 40th And San Pablo Bus Hub Project
 7/6/2021 – Resolution Authorizing The Filing Of An Application For Funding Assigned To Metropolitan Transportation Commission (MTC) And Committing Any Necessary Matching Funds And Stating Assurance To Complete The Project  11/16/2021 – Resolution Authorizing The City Manager To Accept Funds And Execute Funding Agreement With The Alameda County Transportation Commission For The 40th Street Transit-Only Lanes And Multimodal Enhancements Project
40th Street Multimodal Project – Fall 2025 Update
City Council Meeting | November 18, 2025

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 6/7/2022 – Resolution Authorizing The City Manager To Submit Applications In Response To The California Transportation Commission’s ATP Cycle 6 Call-ForProjects, Alameda County Transportation Commission’s 2024 CIP Call For Projects, And Any Other Grant Opportunity That Arises In Fiscal Years 2022- 2024 For The Prioritized Projects; And Authorize The Mayor To Write Letters In Support Of The Prioritized Projects
 9/6/2022 – Resolution Authorizing The City Manager To Accept Funds And Execute Funding Agreement With The California Transportation Commission For The 40th Street Transit-Only Lanes And Multimodal Enhancements Project  11/15/2022 – Resolution Authorizing The City Manager To Enter Into A Professional Services Contract In The Amount Of $2,198,806.84 With Diablo Engineering Group For Professional Design Consultant Services For The 40th Street Transit-Only Lanes And Multimodal Enhancements Project, (CIP Project T-13)
 4/16/2024 – Resolution Authorizing The City Manager To Accept Funds From The Alameda County Transportation Commission’s 2024 CIP Call For Projects For The Emery Go-Round Operating Expenses (FY2024-FY2025), Doyle Bicycle Improvements - Phase 3, And 40th Street Multimodal Improvements;  10/15/2024 – Resolution Authorizing The Filing Of An Application For Alameda County Transportation Commission Administered Funding For The 40th Street Multimodal Improvements Project Part II And Committing Any Necessary Matching Funds And Stating Assurances To Complete The Project  11/19/2024 – Resolution Selecting The Proposal From Sijia Chen Of Sijia Chen Studio For The 40th Streetscape Public Art Project; Authorizing The City Manager To Execute An Agreement With Artist Sijia Chen For The Design, Fabrication And Installation Of The 40th Streetscape Public Art Project In An Amount Not To Exceed $500,000
 7/15/2025 – Resolution Authorizing The City Manager To Accept Funds And Execute Funding Agreements With The U.S. Department Of Housing And Urban Development And For All Other Agreements Necessary To Implement The 40th Street Transit-Only Lanes And Multimodal Enhancements Project Project Success in Securing Funding
Since its inception, the Project has been recognized as a project of regional significance, a fact demonstrated by its remarkable success in securing competitive grant funding. Staff has diligently worked for several years to build a robust funding plan, leveraging City investment to attract major grants from local, regional, state, and federal partners.

To date, the City has been awarded $31.9 million of outside grant funding toward the Project’s $34.1 million total estimated cost. This includes significant grants that 40th Street Multimodal Project – Fall 2025 Update
City Council Meeting | November 18, 2025

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underscore the Project's alignment with regional goals for safety, transit efficiency, and equity. The City anticipates use of the following grants to fully fund the Project:
 Design Phase ($4,031,000 Total)
 Alameda CTC Countywide Transportation Plan 2022: $2,000,000  Statewide SB1 Active Transportation Program (ATP) Cycle 5:
$1,374,000
 City Funds: $657,000
 Construction Phase ($30,026,915 Total)
 Alameda CTC Countywide Transportation Plan 2024: $8,376,000  Affordable Housing and Sustainable Communities (AHSC) Program:
$3,800,000
 State Earmark (2023 CA State Priority Legislative Budget Projects):
$375,000
 Metropolitan Transportation Commission RM3 Safe Routes to Transit and Bay Trail Program: $13,167,000
 Alameda CTC Countywide Transportation Plan 2026: $2,000,000  Federal Earmark (FY2024 THUD Appropriations Bill): $850,000  City Funds: $1,458,915
The City’s consistent success in a highly competitive grant environment affirms the Project's importance and its strong alignment with regional and state priorities for creating safer, more connected, and sustainable communities.

Environmental Review
A critical component of the Project's funding strategy was the successful award of a $850,000 federal earmark through the FY2024 HUD Appropriations Bill. These funds, provided by the U.S. Department of Housing and Urban Development (HUD) through its Community Project Funding (CPF) program, were formally accepted by the City Council on July 15, 2025 (Resolution No. 25-079).

The acceptance of these federal funds triggered the requirement for the Project to undergo environmental review under the National Environmental Policy Act (NEPA).

Caltrans, as the pass-through agency for federal transportation funds, is serving as the lead agency for the NEPA process. The City is the lead agency for CEQA review purposes and is currently studying and evaluating the Project in accordance with CEQA and concurrently completing the NEPA process with Caltrans.

DISCUSSION
Design and Analysis Completed Since July 2023
Following the Council’s direction in July 2023, staff and the consultant team, Diablo Engineering Group, have been diligently working to advance the Project design and complete the necessary technical analysis. Both designs for Part 1 (40th Street) and Part 2 (Shellmound Street) are now 95% complete, positioning the Project to be ready to proceed towards construction bidding once environmental review is completed. 40th Street Multimodal Project – Fall 2025 Update
City Council Meeting | November 18, 2025

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The project description (Attachment A) proposed is based on the July 2023 design concept previously approved by Council and supplemented by additional studies described further below:
“The project would enhance existing infrastructure on 40th Street (Adeline Street to IKEA Entrance) and Shellmound Street (IKEA Entrance to Christie Avenue) through the construction of 1.4 miles of two-way separated Class IV bikeway, transit-only lanes, transit islands, pedestrian enhancements, a transit hub with complete street intersection improvements, and closing the unsignalized intersections of Hubbard Street and Haven Street on the north side of 40th Street, partial southbound closures at the unsignalized intersections of Holden Street and Watts Street on the north side of 40th Street per the Emeryville City Council Resolution 23-105, 23-106, 23-107, and 23-108 (July 18, 2023).

Project features would consist of realigning the existing lanes, removing and replacing medians, rehabilitating the pavement surface, restriping, installing green stormwater infrastructure improvements, upgrading street lighting, and reconstructing pedestrian infrastructure to accommodate a two-way separated Class IV bikeway, new sidewalk, and concrete bus pads.
40th Street (Adeline Street to IKEA Entrance) improvements would include:
 Lane realignment to accommodate two-way separated Class IV bikeway on the north edge of the roadway.
 Thin grind and asphalt concrete overlay.
 Asphalt concrete conforms adjacent to new concrete work.  Full depth pavement reconstruction in areas of new islands for bikeway separation.
 Removal of existing roadway improvements as needed.
 Construction of sidewalk on Hubbard Street.
 Multi-use pathway connection between Hubbard Street and Halleck Street up to 4.5 feet in height.
 Addition of concrete bus pads at bus stops.

Shellmound Street (IKEA Entrance to Christie Avenue) improvements would include:
 Lane realignment to accommodate two-way separated Class IV bikeway on the west edge of the roadway.
 Thin grind and asphalt concrete overlay.
 Asphalt concrete conforms adjacent to new concrete work.  Roadway improvements, including excavation to a maximum depth of one foot below existing grade.

Addition of one concrete bus pad at one bus stop.”
Staff has since completed two comprehensive reports in August 2025 to further refine the Project description and design: the updated Technical Memorandum and a new Truck Activity Analysis Memo. These studies were undertaken to provide a robust, datadriven validation of the design concepts, which included the City Council directed partial and full closures of certain side streets. The key findings of these reports confirm that the Project description is ready for approval by the City Council:
40th Street Multimodal Project – Fall 2025 Update
City Council Meeting | November 18, 2025

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 Safety Benefits Confirmed: The design was analyzed based on a pre- and post-COVID 12-year collision history (2013-2024). The analysis reaffirmed that the proposed design elements using the safe system approach philosophy from FHWA such as protected bikeways and intersection closures are the most effective solutions for addressing the corridor's persistent and high-risk collision patterns.
 Traffic Operations Validated: Traffic modeling confirmed that even with the proposed changes, the majority of the 27 Project area intersections are operating at LOS A or B. Four of the intersections will operate at LOS D and of those four, two of those were already operating at LOS D pre-project. The Project balances significant safety gains with efficient traffic flow for vehicles and transit.  Business and Truck Access Addressed: The Truck Analysis provides a foundational analysis of existing commercial vehicle use on the side streets impacted by the Project. It quantifies a sample period for the number and type of trucks using these routes, documents existing circulation patterns, and identifies key issues such as prohibited turning movements. Based on this data, it was determined that WB-40 trucks are able to use the Project’s recommended routes to businesses. Larger trucks will be able to drive through the closures using the emergency access route via an encroachment permit process. The memo offers preliminary recommendations for truck routes and signage, which will serve as the basis for a more detailed circulation plan to be developed in coordination with affected businesses.

Environmental Review Status and Next Steps
If the City Council approves the project description, staff will use this approved design to complete the CEQA review for the Project. Staff anticipates returning to the City Council for consideration of the final Project following preparation and finalization of the environmental document which fully analyzes and address any potential environmental impacts. Staff and consultants will evaluate the Project in accordance with CEQA and anticipate preparation of an Initial Study and Mitigated Negative Declaration Staff recommends that the City Council formally approve the project description.

Assuming that the environmental review and analysis results in completion of an Initial Study and Mitigate Negative Declaration, that document would be released for a public review period (30 days is the minimum required by CEQA, but staff anticipates providing at least a 45-day review period to ensure ample community feedback and to account for the holiday season). A tentative comment period is slated to be late November 2025 to mid-January 2026. Staff further recommends that the City Council provide direction to undertake the CEQA review for the Project and to bring it back for final consideration once CEQA review and the NEPA process are complete.

FISCAL IMPACT
There is no fiscal impact with this item.
40th Street Multimodal Project – Fall 2025 Update
City Council Meeting | November 18, 2025

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STAFF COMMUNICATION WITH THE PUBLIC
City staff have developed a dedicated webpage on the City’s official website providing comprehensive, up-to-date information about the Project. This resource is intended to enhance transparency and keep the public informed throughout the Project’s duration.

In addition, extensive public outreach has occurred including but not limited to:

Mailers:
 612 postcards were sent to residents and businesses within a quarter mile of the corridor.
 454 detailed mailers were delivered directly along 40th Street and intersecting unsignalized streets, with an additional 11 hand-delivered where needed Meetings & Events:
 7 in-person meetings were held in June–July 2023 (presentations + materials shared).  Telephone outreach included 9 calls to local residents and business representatives.  A community workshop took place in August 2018, along with intercept surveys at bus stops in Fall 2018
Virtual Workshops:
 4 virtual workshops were conducted, engaging 22 participants Stakeholder Engagement:
 16 additional in-person meetings with 42 stakeholders (e.g., property owners, business leaders)
Surveys & Feedback:
 The Project received 203 survey responses.

Additionally, the Project has been discussed at various Transportation Committee, Transportation and Sustainability Committee, and Bicycle and Pedestrian Advisory Committee meetings as part of regular Public Works updates since 2018.

CONFLICT OF INTEREST
None.

CONCLUSION
Staff recommends that the City Council adopt the above-entitled resolution approving the project description as set forth in Attachment A for the 40th Street Multimodal Project; and directing staff to return this Project to the City Council for consideration following the completion of the CEQA and National Environmental Policy Act (NEPA) environmental review processes.

PREPARED BY: Ryan O’Connell, Senior Civil Engineer
40th Street Multimodal Project – Fall 2025 Update
City Council Meeting | November 18, 2025

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APPROVED AND FORWARDED TO THE
CITY COUNCIL OF THE CITY OF EMERYVILLE:

LaTanya Bellow, City Manager

ATTACHMENTS
 Attachment A – Project Description
 Attachment B – 40th Street Multimodal Traffic and Operations Analysis Technical Memorandum (August 2025)
 Attachment C – 40th Street Multimodal Project - Truck Activity Analysis Memo (August 2025)
 Draft Resolution
Attachment A – Project Description
Project Description:

The project would enhance existing infrastructure on 40th Street (Adeline Street to IKEA Entrance) and Shellmound Street (IKEA Entrance to Christie Avenue) through the construction of 1.4 miles of two-way separated Class IV bikeway, transit-only lanes, transit islands, pedestrian enhancements, a transit hub with complete street intersection improvements, and closing the unsignalized intersections of Hubbard Street and Haven Street on the north side of 40th Street, partial southbound closures at the unsignalized intersections of Holden Street and Watts Street on the north side of 40th Street per the Emeryville City Council Resolution 23-105, 23-106, 23-107, and 23-108 (July 18, 2023).

Project features would consist of realigning the existing lanes, removing and replacing medians, rehabilitating the pavement surface, restriping, installing green stormwater infrastructure improvements, upgrading street lighting, and reconstructing pedestrian infrastructure to accommodate a two-way separated Class IV bikeway, new sidewalk, and concrete bus pads.
40th Street (Adeline Street to IKEA Entrance) improvements would include:
• Lane realignment to accommodate two-way separated Class IV bikeway on the north edge of the roadway.
• Thin grind and asphalt concrete overlay.
• Asphalt concrete conforms adjacent to new concrete work. • Full depth pavement reconstruction in areas of new islands for bikeway separation.
• Removal of existing roadway improvements as needed.
• Construction of sidewalk on Hubbard Street.
• Multi-use pathway connection between Hubbard Street and Halleck Street up to

4.5 feet in height.
• Addition of concrete bus pads at bus stops.

Shellmound Street (IKEA Entrance to Christie Avenue) improvements would include:
• Lane realignment to accommodate two-way separated Class IV bikeway on the west edge of the roadway.
• Thin grind and asphalt concrete overlay.
• Asphalt concrete conforms adjacent to new concrete work. • Roadway improvements, including excavation to a maximum depth of one foot below existing grade.
• Addition of one concrete bus pad at one bus stop.
2201 Broadway | Suite 602 | Oakland, CA 94612 | (510) 834-3200 | Fax (510) 253-0059 www.fehrandpeers.com
TechnicalMemorandum
Date: August 29, 2025
To: Jennifer Harmon, Diablo Engineering Group
From: Robert Rees, PE, and Lam Ngo, Fehr & Peers
Subject: 40th Street Multimodal Project – Part 1 and Part 2 OK22-0501
This memorandum summarizes the multimodal safety and operations analysis that Fehr & Peers completed for the 40th Street Multimodal Project (Project) in Emeryville, CA. It compares analysis results with and without the Project for the modeled transportation conditions along the 40th Street corridor, between Adeline Street and IKEA entry, (Part 1) and along the Shellmound Street corridor, between IKEA entry and Christie Avenue, (Part 2). The analysis maintains the overall assumptions and procedures described in the two 40th Street Multimodal Project – Multimodal Transportation Analysis memorandums (October 2024). While expanding the safety analyses to address crashes between 2013 and 2024. A separate, detailed analysis of commercial vehicle movements, impacts, and proposed rerouting is provided in the 40th Street Multimodal Project - Truck Activity Analysis Memo (August 2025).

Executive Summary
The 40th Street corridor (Part 1 and Part 2) serves as a critical link between residential areas, commercial centers, and transit hubs, making it essential to provide a facility that caters to a diverse range of users, including commuters, families, shoppers, and recreational cyclists. As noted in this memorandum between 2013 and 2024 there were sixty-three motor vehicle injury or fatal crashes, twenty-nine bicycle injury or fatal crashes, and sixteen pedestrian injury or fatal crashes, making safety a paramount concern in the decision-making process.

In 2018 the city, recognizing the need for safety enhancements, embarked on changing 40th Street (Part 1) between Adeline Street and the IKEA entry to provide a safer environment especially for the most vulnerable users – pedestrians and bicyclists – who experience a higher concentration of fatal and injury crashes on 40th Street. The Project (Part 1) was approved by the City Council in March 2020 and final engineering design began in March 2023. In July 2023, the City Council expanded the Project to include Shellmound Street (Part 2) which extended Part 1 of the Project from the IKEA entry north to Christie Avenue.

Jennifer Harmon
August 29, 2025

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Key Project features approved by the City Council in March 2020 and incorporated into the design—eliminating one westbound traffic lane, incorporating a two-way cycle track, protected intersection improvements, improved pedestrian accessibility with shortened crossings, bus lanes, and enhanced bus stop waiting areas with shelters, lighting, and rider amenities—all contribute to making the 40th Street corridor and Transit Hub a safer and more comfortable environment.

These features follow the Safe System Approach to proactively address vulnerable road user safety by reducing speed, removing conflicts, and separating users in space and time.

The engineering design was presented to the City Council in July 2023, and they directed the city to proceed with the Project and requested that additional safety features be incorporated that would further separate motor vehicle movements from pedestrian and bicycle movements. The added project features requested by the City Council, and described below, also follow the Safe System Approach.
• Watts Street allows right turning traffic to and from 40th Street. The Project eliminates right turning traffic from Watts Street to 40th Street while allowing right turning traffic from 40th Street. The crosswalk and the two-way cycle track are raised to sidewalk-level crossing Watts Street to slow right turning traffic. The half-closure will be designed to accommodate the turning radii of emergency vehicles, large delivery vehicles (SU-30), and WB-40 trucks. This change follows the Safe System Approach by reducing turning vehicle speeds and removing conflicts and responds to community feedback that drivers turning right from Watts Street may not look to the left and right for bicycle riders before proceeding onto 40th Street.
• Haven Street allows right turning traffic to and from 40th Street. The Project includes a cul-de-sac at Haven Street, eliminating right turning traffic both to and from Haven Street at 40th Street. This change will be accompanied with signage and potential curb and parking modifications to make the route changes intuitive to truck drivers. The cul-de-sac will be designed to accommodate the turning radii of emergency vehicles, large delivery vehicles (SU-30), and WB-40 trucks. This change follows the Safe System Approach by removing conflicts, and addresses community feedback that drivers turning right from Haven Street may not look to the left and right for bicycle riders before proceeding onto 40th Street as well as community support for expanded landscape treatments. • Holden Street allows right turning traffic to and from 40th Street. The Project eliminates right turning traffic from Holden Street to 40th Street while allowing right turning traffic from 40th Street. The crosswalk and the two-way cycle track are raised to sidewalk level crossing Holden Street to slow right turning traffic. The half-closure will be designed to accommodate the turning radii of emergency vehicles, large delivery vehicles (SU-30), and WB-40 trucks. This change follows the Safe System Approach by reducing turning vehicle speeds and removing conflicts, and it addresses community feedback that drivers turning right from Holden Street may not look to the left and right for bicycle riders before proceeding onto 40th Street.

Jennifer Harmon
August 29, 2025

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• Hubbard Street allows right turning traffic to and from 40th Street. The Project includes a cul-de-sac at Hubbard Street eliminating right turning traffic both to and from Hubbard Street. This change will be accompanied with signage and potential curb and parking modifications to make the route changes intuitive to truck drivers. The cul-de-sac will be designed to accommodate the turning radii of emergency vehicles, large delivery vehicles (SU-30), and WB-40 trucks. This change follows the Safe System Approach by removing conflicts, and addresses the following safety concerns from stakeholders and decisionmakers:
◦ Eastbound bicycle riders traveling at high speeds down the Shellmound Bridge (greater than 5% grade) and conflicting with vehicles turning right to and from Hubbard Street.
◦ Trees, poles, and signage constraining sight lines between drivers turning right from Hubbard Street and eastbound bicycle riders (with Project construction). ◦ The bus lane that ends at Hubbard Street, where buses merge into one shared mixedflow lane over the bridge, increases rear-end crash potential with right turning traffic onto Hubbard Street.

The City Council, in July, also expanded the project to include Shellmound Street (Part 2) between the IKEA entry, where Part 1 is terminated, and the Christie Avenue intersection. Part 2 includes a two-way cycle track along the west side of Shellmound Street and bus lanes that would operate on weekdays, Monday through Friday. The bus lanes would be open to all traffic on weekends.

The remainder of this memorandum compares transportation conditions with and without the Project along 40th Street (Part 1) and Shellmound Street (Part 2) and includes the following key highlights:
• Project Design and Implementation: The Safe System Approach led to a Project that includes a multimodal transportation design, with features such as a two-way cycle track, bus lanes, and full or partial closures of unsignalized intersections to improve safety and accessibility for all road users. The Project is consistent with the City Council original decision in 2018 to embark on changing 40th Street to provide a safer environment for its most vulnerable users. The Project was approved by the City Council in March 2020, and the design was reviewed by the City Council in July 2023. The council, in July 2023, directed the city to proceed with the Project (Part 1 and Part 2) with additional safety features at the unsignalized intersections along the corridor to reduce vehicle speeds and remove vehicle conflicts with pedestrians and bicyclists. To address specific concerns from local businesses regarding commercial vehicle access, a comprehensive truck activity study was conducted; its findings and recommendations for truck routing are detailed in the 40th Street Multimodal Project - Truck Activity Analysis Memo. • Public and Stakeholder Engagement: Extensive community engagement efforts, including surveys and workshops, have been conducted and are on-going to gather feedback and refine the design. The Project team also engaged with key stakeholders, Jennifer Harmon
August 29, 2025

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including property owners and transit agencies, to address concerns and incorporate feedback into the design. The final design evaluated in this memorandum reflects public preferences for safety and accessibility improvements.
• Safety Improvements: The City Council in 2018 prioritized safety for the Project and the City followed the Safe System Approach to proactively address vulnerable road user safety throughout the project’s design development. The Project, approved in 2020, addressed high-risk areas through design features such as protected intersections, bulb outs, and high-visibility crosswalks combined with the two-way cycle track with the aim to reduce vehicle speeds, remove conflicts, separate users in space and time, and reduce collisions. The City Council in July 2023, consistent with the Safe System Approach, incorporated additional safety features at unsignalized intersections to reduce speeds and remove conflicts.
• Public Design: In response to community feedback regarding safety and security in the newly created public spaces, the project incorporates Crime Prevention Through Environmental Design (CPTED) principles. The design of parklets and cul-de-sacs will maximize visibility, ensuring that activities are easily observed by passersby, adjacent businesses, and law enforcement. This includes strategic placement of lighting, clear sightlines, and open layouts. These design elements, combined with the City’s ongoing and active encampment outreach and support programs, are intended to ensure these new public spaces enhance the quality of life for residents and businesses while deterring encampments and illicit behavior.
• Multimodal Operations: The analysis in this memorandum used Vissim software for Part 1 to simulate multimodal traffic operations during the weekday PM peak hour to understand multimodal operations without and with the Project. Findings show overall intersection operations along 40th Street remain at LOS D or better with the Project including the unsignalized side street modifications and so there will be no time incentive for drivers to divert to the Park Avenue corridor. Overall, bus travel times on 40th Street improve with the Project. Although delays increase such as through the Transit Hub where pedestrian and bike activities are highest. Intersection operations along Park Avenue and Hollis Street remain at LOS B or better with the Project indicating that changes to the 40th Street unsignalized intersections would not cause traffic congestion on either Park Avenue or Hollis Street. As noted in the 40th Street Multimodal Project - Truck Activity Analysis Memo trucks are currently using Park Avenue even though truck restriction signs are posted throughout the corridor west of Hollis Street and the multimodal operations analysis assumed that this behavior would continue. To offset these impacts and enhance safety, the city is implementing a holistic strategy for Park Avenue that includes new, clearer truck wayfinding signage to better direct commercial vehicles. The city is also actively improving pedestrian safety on Park Avenue through separate initiatives, such as the 2024 Sustainable Streetscapes project, which is adding high visibility crosswalks and green infrastructure bulb-outs at the Park Avenue and Hollis Street intersection. Multimodal operations analysis was also completed for Part 2 using Jennifer Harmon
August 29, 2025

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the Synchro software. Findings show that overall intersection operations along Shellmound Street remain at LOS D or better with the Project.

The remainder of this memorandum addresses the following topics.

1. Project Features

2. City Decision Process

2.1. Engagement Efforts

3. Safety Assessment (40th Street and Shellmound Street)

3.1. Collision Characteristics

3.2. Vehicle Speed Implications

3.3. Sight Distance Implications

3.4. Conflict Points

3.5. Compliance with Laws

3.6. Adequacy of Traffic Control

3.7. Adequacy of Bike and Pedestrian Facilities

3.8. Reduce Behaviors Leading to Crashes

3.9. Consideration for Two-Way Cycle Track

4. Multimodal Operations (40th Street, Project Part 1)

4.1. Methodology

4.1.1. Vissim Model

4.2. Measures of Effectiveness

4.2.1. Bus Maneuvering Time

4.2.2. End-to-End Travel Time

4.2.3. Level of Service

4.3. Analysis Results

4.3.1. Bus Maneuvering Time

4.3.2. Corridor Travel Times

4.3.2.1. Bus (AC Transit and EGR combined) Travel Times

4.3.2.2. Auto / Truck Travel Times

4.3.3. Level of Service and Delay Analysis

5. Multimodal Operations (Shellmound Street, Project Part 2)

5.1. Methodology and Study Intersections

5.2. Project Analysis Assumptions

5.3. Analysis Results

5.3.1. Level of Service and Delay Analysis

6. Appendix

1. Project Features
Attachment A provides a striping layout of the 40th Street Multimodal Project (Part 1 and Part 2), which was based, in part, on the preferred design concept described in the concept drawings approved by the City Council in 2020. The 2020 concept design for 40th Street (Part 1) converts an existing motor vehicle lane in the westbound direction to a bus lane, adds a new bus lane in the Jennifer Harmon
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eastbound direction, and provides a two-way cycle track on the north side of 40th Street by removing the existing on-street bike lanes and the on-street parking on the north side of 40th Street, adjusting the existing medians, and reducing the motor vehicle lane widths. Part 2 provides a two-way cycle track on the west side of Shellmound Street by removing the on-street bike lanes, modifying the median, and narrowing the motor vehicle lane widths.

On 40th Street (Part 1) the new eastbound bus lane starts after the IKEA Entry signalized intersection via a lane drop, east of the intersection, and ends at the Adeline Street intersection.

The westbound bus lane starts after the Adeline Street signalized intersection and ends at Hubbard Street, where it merges with one shared mixed-flow lane over the bridge. On Shellmound Street (Part 2) one of the lanes in each direction operates as a bus lane on weekdays, Monday through Friday, and these lanes open to all traffic during the weekends.

A key feature of the 2020 concept is the traffic signal phasing on San Pablo Avenue. Due to high westbound right-turning traffic volume, the right-turn is protected with right-turn red, yellow, and green arrows. As a result, right turning traffic does not conflict with either bicycle or pedestrian movements crossing San Pablo Avenue, which would both go concurrently with the westbound motor vehicle through movement while the westbound right turning traffic has a red arrow.

Following the 2020 concept design, additional Project design features include changes to the unsignalized intersections along westbound 40th Street at Watts Street, Haven Street, Holden Street, and Hubbard Street. The specific design choices for these intersections were informed by a detailed truck activity analysis, which is documented in the 40th Street Multimodal Project - Truck Activity Analysis Memo and addresses truck routing and circulation. • Watts Street allows right turning traffic to and from 40th Street. The Project eliminates right turning traffic from Watts Street to 40th Street while allowing right turning traffic from 40th Street. The crosswalk and the two-way cycle track are raised to sidewalk-level crossing Watts Street to slow right turning traffic. The half-closure will be designed to accommodate the turning radii of emergency vehicles, large delivery vehicles (SU-30), and WB-40 trucks. This change addresses community feedback that drivers turning right from Watts Street may not look to the left for bicycle riders before proceeding onto 40th Street.
• Haven Street allows right turning traffic to and from 40th Street. The Project includes a cul-de-sac at Haven Street, eliminating right turning traffic both to and from Haven Street at 40th Street. This change will be accompanied with signage and potential curb and parking modifications to make the route changes intuitive to truck drivers. The cul-de-sac will be designed to accommodate the turning radii of emergency vehicles, large delivery vehicles (SU-30), and WB-40 trucks. This change addresses community feedback that drivers turning right from Haven Street may not look to the left for bicycle riders before proceeding onto 40th Street as well as community support for expanded landscape treatments.

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• Holden Street allows right turning traffic to and from 40th Street. The Project eliminates right turning traffic from Holden Street to 40th Street while allowing right turning traffic from 40th Street. The crosswalk and the two-way cycle track are raised to sidewalk level crossing Holden Street to slow right turning traffic. The half-closure will be designed to accommodate the turning radii of emergency vehicles, large delivery vehicles (SU-30), and WB-40 trucks. This change addresses community feedback that drivers turning right from Holden Street may not look to the left for bicycle riders before proceeding onto 40th Street.
• Hubbard Street allows right turning traffic to and from 40th Street. The Project includes a cul-de-sac at Hubbard Street eliminating right turning traffic both to and from Hubbard Street at 40th Street. This change will be accompanied with signage and potential curb and parking modifications to make the route changes intuitive to truck drivers. The culde-sac will be designed to accommodate the turning radii of emergency vehicles, large delivery vehicles (SU-30), and WB-40 trucks. This change addresses the following concerns from stakeholders and decision-makers:
◦ Eastbound bicycle riders traveling at high speeds down the Shellmound Bridge (greater than 5% grade) and conflicting with vehicles turning right to and from Hubbard Street.
◦ Trees, poles, and signage constraining sight lines between drivers turning right from Hubbard Street and eastbound bicycle riders (with Project construction). ◦ The bus lane that ends at Hubbard Street, where buses merge into one shared mixedflow lane over the bridge, increases rear-end crash potential with right turning traffic onto Hubbard Street.

2.City Decision Process
The city presented the Project to the Transportation Committee in May 2023 and to the City Council in July 2023. Attachment B provides the Action Minutes for the Transportation Committee meeting, City Council Meeting, as well as the Adopted City Council Resolution (Number 23-105).

The May 2023 Transportation Committee meeting provided an update on the planning process, grant funding, public engagement, and anticipated schedule. Three alternatives were presented including the base project as well two alternatives that incorporated unsignalized intersection side street closures: one with a Horton diverter and one without the diverter. The committee raised concerns with the base project’s design at the Hubbard Street/40th Street intersection. Specifically, bicycle riders descending Shellmound Bridge would travel at high speeds approaching Hubbard Street, conflicting with drivers turning to and from Hubbard Street. The committee was also concerned that two westbound vehicle lanes merging into a single lane at Hubbard Street would complicate driver decisions turning to and from Hubbard Street, that drivers would tend to speed Jennifer Harmon
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up when approaching Shellmound Street Bridge, and that bus merging would further complicate the condition. The committee passed a motion to recommend to the City Council a design alternative that includes the closure of the four unsignalized side streets i.e., Watts Street, Haven Street, Holden Street, and Hubbard Street.

The July 2023 City Council meeting was well attended with people speaking in support of and against the modified Project. Property owners along Hubbard Street, Holden Street, and Watts Street urged the council members not to fully close the connections to the side streets at 40th Street. The following are property owners’ opinions on the modified Project:
• Property owners along Haven Street voiced support for the modified Project and closure of Haven Street at 40th Street to support weekend and evening events. • Property owners on Holden Street expressed concerns about impacts on customers, including losing parking, but showed support for the modified Project if the council voted to allow the right turning traffic from 40th Street at Holden Street to accommodate delivery trucks and customer loading. Property owners on Watts Street expressed similar sentiments.
• An attorney for the property owner between Hubbard Street and Halleck Street expressed concern that closing Hubbard Street at 40th Street was a significant impact on the property’s access.

The council members discussed these topics, and others, and directed the City to proceed with the modified Project including a cul-de-sac at Haven Street and accommodating right turning traffic from 40th Street onto Watts Street and onto Holden Street. After discussion, the council members determined that the Hubbard Street closure was necessary to improve the Project’s safety, reducing the conflicts between high-speed bicycle riders and drivers turning to/from Hubbard Street as well as the merging and turning conflicts between drivers at Hubbard Street. The council members noted that Hubbard Street had parallel street access via Park Avenue. The 40th Street Multimodal Project (Attachment A) evaluated in this memorandum responds to the City Council direction.

2.1 Engagement Efforts
In 2018, public engagement focused on design options. Invitations mailed to over 10,000 addresses in Emeryville and Oakland included an online survey link, which received ninety-three responses. Four out of five respondents preferred the final concept. A community workshop and survey in 2019 reaffirmed this preference, with over 70% of more than fifty respondents supporting it despite traffic trade-offs. The city council provided input on the concept design in December 2018 based on public input, technical assessment, and feedback from transit agencies.

The final report and design were approved by the City Council in March 2020.

The final engineering design phase began in March 2023. The design was refined to assess full or partial closures of unsignalized intersections north of 40th Street, balancing local access and Jennifer Harmon
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reducing vehicle/bicycle conflicts. For example, AC Transit provided input through multiple meetings and plan reviews, leading to bus stop design refinements. Similarly, property owners, employees, and residents provided input, leading to design refinements.

Over six hundred Project postcards with multilingual contact information were mailed in June 2023 to residents and businesses in the broader area, and over 450 detailed letters were sent to those residing on 40th Street and the northside streets to convey the proposed side street closures. A dedicated Project phone number and email address were provided along with a Project webpage link. The Project team engaged with key stakeholders through phone calls, emails, and fourteen meetings with over seventy stakeholders. These meetings, held either at the stakeholders’ business/property locations or via Zoom, aimed to reduce barriers to engagement.

The Project team contacted businesses along the side streets impacted by the street closures and met with specific businesses that requested a meeting to address the Project’s implications to their business operations such as customer and delivery access, parking, and pedestrian and bicycle circulation. This outreach began in June 2023 and is on-going.

An online survey from February to June 2024 received 137 responses, with over 90% of bicyclists and transit riders and about 80% of pedestrians saying the Project with the side street closures would improve their travel. Almost 30% of drivers said the improvements would encourage them to take the bus or ride their bike.1 The survey was publicized by contacting local employers, distributing the link to employees, emailing those on the Project email list, providing a QR code for the survey and Project website on sidewalk decals on 40th Street, and distributing the QR code to over 200 people at two project area energizer stations during 2024’s Bike to Wherever Day on May 16. Spanish-speaking staff members were available at the stations.

The engagement efforts will continue and include information and education as the Project design is finalized, and the Project is constructed. Once the online survey is completed, a summary of input will be prepared, along with an update to the Project website to provide additional information and a frequently asked questions (FAQ) document responding to questions raised by respondents to the survey. The Project email list of more than eighty individuals and organizations will be notified when the website is updated. Additional meetings with adjacent businesses, property owners, and other stakeholders or stakeholder groups will occur as needed before the design phase concludes.
1 https://fp.mysocialpinpoint.com/40thstreetmultimodal
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3. SafetyAssessment
The 40th Street Multimodal Project is intended to improve transportation infrastructure, emphasizing first/last mile connections and safety for residents on the corridor, employees commuting to their jobs, and people exploring the Bay Trail in the area. Safety features of the Project include the two-way cycle track providing a dedicated and protected space for riding; enhanced intersections with shorter crossing distances, accessible waiting areas, protected bicycle movements, and upgraded signal timing and phasing; side street full and partial closures to minimize conflicts between pedestrians, bike riders, and motor vehicles; and transit islands to separate bike riders from buses and pedestrian (un)loading activities. These features follow the Safe System Approach to proactively address vulnerable road user safety by reducing speed, removing conflicts, and separating users in space and time.

3.1 Collision Characteristics
The project area collision summaries (Table 1 through Table 4) show forty-five crashes over a 12- year period (2013 to 2024) between vehicles and both cyclists and pedestrians that resulted in injury or fatality. During this same period there were sixty-three auto-only collisions with an injury or fatality. These collisions are also noted in Figures 1A through Figure 1D.

Collision records prior to 2013 are not available from the Statewide Integrated Traffic Records System (SWITRS) database which is managed by the California Highway Patrol or the Transportation Injury Mapping System (TIMS) database which is managed by SafeTREC at UC Berkeley. The 2023 and 2024 collision data are considered provisional by both agencies managing these databases and are, therefore, subject to change. Last, the COVID pandemic in 2020 and 2021 dampened traffic volumes which explains why there were fewer collisions in these two years compared to the earlier years between 2013 and 2019.

The remaining discussion in this section addresses the most vulnerable users – pedestrians and bicyclists – who experience a higher concentration of fatal and injury crashes compared to the total number of people traveling in the corridor.

Table 1A: Auto Collisions – 2013 Through 2018
Figure ID # Case ID Collision Date Collision Severity Type of Collision 1 6193510 7/3/2013 Complaint of pain Rear End
2 5997040 1/19/2013 Complaint of pain Rear End
3 6876971 2/5/2015 Injury (Other Visible) Broadside
4 6859549 12/21/2014 Complaint of pain Hit Object
5 8351677 9/6/2015 Injury (Other Visible) Broadside
6 6693615 8/21/2014 Complaint of pain Rear End
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Figure ID # Case ID Collision Date Collision Severity Type of Collision 7 8365891 4/3/2017 Complaint of pain Rear End
8 6699493 9/20/2014 Complaint of pain Broadside
9 8620568 11/22/2017 Complaint of pain Sideswipe
10 6418516 1/24/2014 Complaint of pain Rear End
11 6537536 3/2/2014 Complaint of pain Broadside
12 8351604 1/22/2017 Complaint of pain Hit Object
13 8351602 11/24/2015 Complaint of pain Sideswipe
14 8625210 8/10/2017 Complaint of pain Rear End
15 8351610 12/11/2015 Complaint of pain Broadside
16 8351609 7/29/2015 Complaint of pain Sideswipe
17 90261275 8/30/2016 Complaint of pain Head-on
18 8618347 10/21/2017 Injury (Other Visible) Rear End
19 8620576 11/4/2017 Complaint of pain Rear End
20 8351613 2/18/2016 Complaint of pain Rear End
21 6698881 8/15/2014 Injury (Severe) Not Stated
22 8351674 1/29/2016 Complaint of pain Broadside
23 8351636 7/3/2016 Complaint of pain Broadside
24 6859545 12/18/2014 Complaint of pain Broadside
25 8351628 7/9/2016 Complaint of pain Rear End
26 8351670 2/8/2017 Complaint of pain Hit Object
27 6942267 1/9/2015 Complaint of pain Rear End
28 8769211 12/5/2018 Injury (Other Visible) Rear End
29 8351601 6/20/2015 Complaint of pain Rear End
30 6296070 9/25/2013 Complaint of pain Rear End
31 6942729 4/25/2015 Complaint of pain Rear End
32 8363436 4/13/2017 Complaint of pain Rear End
33 8618351 10/8/2017 Complaint of pain Rear End
34 8624223 8/28/2017 Complaint of pain Broadside
35 6516655 3/1/2014 Complaint of pain Rear End
36 8351615 11/5/2015 Complaint of pain Overturned
37 8695573 8/9/2018 Complaint of pain Rear End
38 6942699 3/17/2015 Complaint of pain Sideswipe
Source: SWITRS and TIMS databases (2013 through 2018), Fehr & Peers 2025 Jennifer Harmon
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Table 1B: Auto Collisions – 2019 Through 2024
Figure ID # Case ID Collision Date Collision Severity Type of Collision 1 8897786 6/6/2019 Injury (Other Visible) Broadside
2 82356747 2/27/2024 Complaint of pain Rear End
3 9463379 6/27/2022 Injury (Other Visible) Broadside
4 9546726 12/22/2022 Complaint of pain Broadside
5 8970835 9/15/2019 Injury (Other Visible) Rear End
6 8907495 7/7/2019 Complaint of pain Rear End
7 9301796 7/14/2021 Fatal Head-on
8 9435254 3/17/2022 Injury (Severe) Sideswipe
9 8877134 5/7/2019 Complaint of pain Rear End
10 9546829 8/17/2022 Complaint of pain Broadside
11 9547117 8/9/2022 Complaint of pain Hit Object
12 84514380 11/30/2024 Complaint of pain Rear End
13 82877692 6/27/2024 Complaint of pain Rear End
14 8943597 8/15/2019 Injury (Other Visible) Rear End
15 84472530 11/4/2024 Complaint of pain Broadside
16 82367255 3/30/2024 Complaint of pain Rear End
17 9016746 1/28/2020 Injury (Other Visible) Rear End
18 8943530 8/1/2019 Injury (Other Visible) Head-on
19 8907483 7/16/2019 Injury (Other Visible) Rear End
20 9547052 10/5/2022 Complaint of pain Rear End
21 9547067 9/21/2022 Complaint of pain Sideswipe
22 9221278 12/22/2020 Injury (Other Visible) Head-on
23 84420296 9/20/2024 Injury (Severe) Broadside
24 8975255 10/26/2019 Complaint of pain Sideswipe
25 9546725 12/12/2022 Complaint of pain Rear End
Source: SWITRS and TIMS databases (2019 through 2024), Fehr & Peers 2025 Jennifer Harmon
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Table 1C: Bicycle Collisions – 2013 Through 2024
Figure ID # Case ID Collision Date Collision Severity Type of Collision 1 6699150 10/13/2014 Complaint of pain Broadside
2 82356738 2/17/2024 Complaint of pain Other
3 8351625 2/15/2016 Injury (Other Visible) Broadside
4 8855841 4/24/2019 Injury (Other Visible) Rear End
5 6203353 8/10/2013 Complaint of pain Broadside
6 8625084 4/25/2018 Complaint of pain Broadside
7 8975787 10/2/2019 Injury (Other Visible) Broadside
8 82376433 3/23/2024 Complaint of pain Head-on
9 6436788 2/26/2014 Complaint of pain Other
10 6698905 8/16/2014 Complaint of pain Not Stated
11 6835732 11/25/2014 Complaint of pain Rear End
12 8003055 11/14/2015 Complaint of pain Broadside
13 6430197 2/24/2014 Injury (Other Visible) Head-on
14 6623331 5/9/2014 Complaint of pain Broadside
15 8351605 8/27/2016 Complaint of pain Broadside
16 6699513 9/12/2014 Injury (Other Visible) Not Stated
17 9548591 9/4/2022 Complaint of pain Head-on
18 6537548 3/13/2014 Complaint of pain Not Stated
19 6699166 10/13/2014 Injury (Other Visible) Broadside
20 6298964 10/26/2013 Complaint of pain Broadside
21 6630001 6/18/2014 Injury (Other Visible) Not Stated
22 8351665 7/20/2015 Injury (Other Visible) Sideswipe
23 9456342 5/23/2022 Injury (Other Visible) Other
24 6623916 7/5/2014 Injury (Other Visible) Broadside
25 8351645 10/15/2015 Complaint of pain Head-on
26 84359241 8/5/2024 Complaint of pain Broadside
27 8351671 6/22/2016 Injury (Other Visible) Broadside
28 8351631 10/20/2015 Complaint of pain Rear End
29 84518724 12/5/2024 Complaint of pain Broadside
Source: SWITRS and TIMS databases (2013 through 2024), Fehr & Peers 2025 Jennifer Harmon
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Table 1D: Pedestrian Collisions – 2013 Through 2024
Figure ID # Case ID Collision Date Collision Severity Type of Collision 1 5997036 1/28/2013 Complaint of pain Vehicle/Pedestrian 2 9168089 9/9/2020 Injury (Other Visible) Vehicle/Pedestrian 3 6204825 6/12/2013 Complaint of pain Vehicle/Pedestrian 4 8880116 5/3/2019 Injury (Other Visible) Vehicle/Pedestrian 5 9554440 1/29/2023 Injury (Severe) Vehicle/Pedestrian
6 8351603 11/8/2015 Complaint of pain Vehicle/Pedestrian 7 8774390 12/16/2018 Injury (Other Visible) Vehicle/Pedestrian 8 9548599 10/20/2022 Injury (Other Visible) Head-on
9 6699505 9/20/2014 Complaint of pain Vehicle/Pedestrian 10 6106326 2/12/2013 Complaint of pain Vehicle/Pedestrian 11 6299543 9/6/2013 Injury (Other Visible) Vehicle/Pedestrian 12 6418488 1/26/2014 Complaint of pain Vehicle/Pedestrian 13 5997020 1/31/2013 Injury (Other Visible) Vehicle/Pedestrian 14 8756515 11/17/2018 Injury (Other Visible) Head-on
Source: SWITRS and TIMS databases (2013 through 2024), Fehr & Peers 2025 56th St
Aileen St
55th St
45th St
Hollis St
Horton St
Adeline St
Adeline St
47th St
Christie Ave
Powell St
Emery St
Hollis St
40th St
Lowell St
Doyle St
Salem St
Essex St
46th St
BeachSt
Linden St
Yerba Buena Ave
Marshall St
Sherwin St
41st St
45th St
Fremont St
44th St
Vallejo St
Gaskill St
48th St
Temescal Cr
Beaudry St
Yerba Buena Ave
Halleck St
Emery Bay Dr
Bay St
Doyle St
Hubbard St
42nd St
54th St
43rd St
53rd St
Holden St
54th St
39th St
53rd St
55th St
Park Ave
Haven St
Harlan St
Watts St
San Pablo Ave
Ohlone Way
Bay St
IKEA Exit
IKEA Entry
Shellmound St
Emeryville
Crescent State
Marine Reserve
McLaughlin
Eastshore SP
2 1
30 10
35 6
21 8
24 4
3 27
38 31
29 13
12 16
15 20 23 25 36
26 22
5 32
7 18 33
9 19
34 14
37 28
17 11
40th Street Multimodal Project
Auto-Only Collisions (2013-2018)
Injury (Severe)
Injury (Other Visible)
Complaint of Pain
Project Phase 1
Project Phase 2
Auto-Only Collisions Map (2013-2018)
0 0.05 0.1 0.15 0.2 0.25
Miles
Figure 1A
*Refer to Table 1A for additional collision
information.
56th St
Aileen St
55th St
45th St
Hollis St
Horton St
Adeline St
Adeline St
47th St
Christie Ave
Powell St
Emery St
Hollis St
40th St
Lowell St
Doyle St
Salem St
Essex St
46th St
BeachSt
Linden St
Yerba Buena Ave
Marshall St
Sherwin St
41st St
45th St
Fremont St
44th St
Vallejo St
Gaskill St
48th St
Temescal Cr
Beaudry St
Yerba Buena Ave
Halleck St
Emery Bay Dr
Bay St
Doyle St
Hubbard St
42nd St
54th St
43rd St
53rd St
Holden St
54th St
39th St
53rd St
55th St
Park Ave
Haven St
Harlan St
Watts St
San Pablo Ave
Ohlone Way
Bay St
IKEA Exit
IKEA Entry
Shellmound St
Emeryville
Crescent State
Marine Reserve
McLaughlin
Eastshore SP
2 13 16
23 12 15
9 1
19 6
14 18
5 22 24
7 3
10 20 25
21 11
8 4
17 40th Street Multimodal Project
Auto-Only Collisions (2019-2024)
Fatal
Injury (Severe)
Injury (Other Visible)
Complaint of Pain
Project Phase 1
Project Phase 2
Auto-Only Collisions Map (2019-2024)
0 0.05 0.1 0.15 0.2 0.25
Miles
Figure 1B
*Refer to Table 1B for additional collision
information.
56th St
Aileen St
55th St
45th St
Hollis St
Horton St
Adeline St
Adeline St
47th St
Christie Ave
Powell St
Emery St
Hollis St
40th St
Lowell St
Doyle St
Salem St
Essex St
46th St
BeachSt
Linden St
Yerba Buena Ave
Marshall St
Sherwin St
41st St
45th St
Fremont St
44th St
Vallejo St
Gaskill St
48th St
Temescal Cr
Beaudry St
Yerba Buena Ave
Halleck St
Emery Bay Dr
Bay St
Doyle St
Hubbard St
42nd St
54th St
43rd St
53rd St
Holden St
54th St
39th St
53rd St
55th St
Park Ave
Haven St
Harlan St
Watts St
San Pablo Ave
Ohlone Way
Bay St
IKEA Exit
IKEA Entry
Shellmound St
Emeryville
Crescent State
Marine Reserve
McLaughlin
Eastshore SP
5 20
13 9
14 18 21 24
10 1
16 19
11 12
2 8 15
3 28
25 22
27 26
29 6
7 23
17 4
40th Street Multimodal Project
Bicycle Collisions (2013-2024)
Injury (Other Visible)
Complaint of Pain
Project Phase 1
Project Phase 2
Bicycle Collisions (2013-2024) Map
0 0.05 0.1 0.15 0.2 0.25
Miles
Figure 1C
*Refer to Table 1C for additional
collision information.
56th St
Aileen St
55th St
45th St
Hollis St
Horton St
Adeline St
Adeline St
47th St
Christie Ave
Powell St
Emery St
Hollis St
40th St
Lowell St
Doyle St
Salem St
Essex St
46th St
BeachSt
Linden St
Yerba Buena Ave
Marshall St
Sherwin St
41st St
45th St
Fremont St
44th St
Vallejo St
Gaskill St
48th St
Temescal Cr
Beaudry St
Yerba Buena Ave
Halleck St
Emery Bay Dr
Bay St
Doyle St
Hubbard St
42nd St
54th St
43rd St
53rd St
Holden St
54th St
39th St
53rd St
55th St
Park Ave
Haven St
Harlan St
Watts St
San Pablo Ave
Ohlone Way
Bay St
IKEA Exit
IKEA Entry
Shellmound St
Emeryville
Crescent State
Marine Reserve
McLaughlin
Eastshore SP
13 1
10 3
11 12
9 6
14 7
4 2
8 5
40th Street Multimodal Project
Pedestrian Collisions (2013-2024)
Injury (Severe)
Injury (Other Visible)
Complaint of Pain
Project Phase 1
Project Phase 2
Pedestrian Collisions (2013-2024) Map
0 0.05 0.1 0.15 0.2 0.25
Miles
Figure 1D
*Refer to Table 1D for additional collision
information.

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Along 40th Street (Part 1), nine bike injuries, or complaints of pain, occurred at the intersection of 40th Street and Hubbard Street. This intersection is a concern because it tees into an uncontrolled part of 40th Street where the two existing westbound lanes merge together into a single lane over the bridge. Drivers tend to speed through the merge to be the first to go over the bridge.

Vehicles are also able to turn into Hubbard uncontrolled. The Project proposes fully closing vehicular access to and from 40th Street at Hubbard, except for emergency vehicles, to minimize the safety risk to bicycle riders. Cyclists coming down off the bridge on the newly constructed two-way cycle track will not need to worry about a vehicle exiting Hubbard and forgetting to look both ways.

At the signalized intersection of 40th Street and Horton Street two bike collisions occurred, two each occurred at Hollis Street and Harlan Street, and three occurred at Emery Street. The Project will reduce the crossing length of 40th Street and will provide a protected intersection on the north side to minimize these collisions.

Pedestrian collisions occurred at the 40th Street signalized intersections with Hollis Street (1), Emery Street (1), San Pablo Avenue (5), and Adeline Street (2). Pedestrian crossing distances at these intersections will be decreased and directional curb ramps will be constructed, providing better visibility at these corners that have existing buildings at the back of the sidewalk.

Forty feet west of San Pablo Avenue there was a bike collision on 40th Street that could have been the result of a vehicle not looking for cyclists when pulling in and out of the on-street parking area or a vehicle parking and swinging their door open into a cyclist. The property facing this area, Black & White Liquor, has excess off-street parking, but this on-street parking (20- minute maximum) is available for customers who want to quickly access the liquor store. City staff worked with the property owner to create an opening through the property’s fence so that customers will be able to park in the off-street parking and still quickly access the liquor store.

Within the San Pablo Avenue Transit Hub area, seven bike collisions occurred on 40th Street, five at San Pablo Avenue and two at Adeline Street; five pedestrian collisions also occurred at San Pablo Avenue and two pedestrian collisions also occurred at Adeline Street. The Transit Hub area has a high concentration of pedestrians and cyclists, in addition to a high concentration of vehicular traffic, including heavy bus traffic. The elimination of one traffic lane and the incorporation of the two-way cycle track, protected intersection improvements, improved pedestrian accessibility with shortened crossings, and enhanced bus stop waiting areas will all contribute to making the Transit Hub a safer and more comfortable environment.

There were fewer collisions along Shellmound Street (Part 2) where during the same 12-year period there were four bicycle injury collisions and five pedestrian injury collisions.

The data shows a clear trend of high-risk intersections and midblock areas, particularly where visibility is poor, and vehicle speeds are high. Speeding, poor sight distance, inadequate traffic control devices, and conflicts between vehicles, pedestrians, and cyclists are common factors in Jennifer Harmon
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these collisions. The Project’s comprehensive approach targets these specific issues by implementing measures such as lane reductions to calm traffic, protected bikeways to separate cyclists from vehicular traffic, removing vehicle movements at unsignalized intersections that conflict with pedestrians and bicycle riders, and enhanced signalization to improve compliance with traffic laws.

The Project’s design addresses each identified collision type and location with targeted safety improvements. For instance, merge and pedestrian conflict points at uncontrolled intersections will be mitigated by closing or controlling these access points. Enhanced pedestrian crossings will reduce crossing distances and improve visibility, addressing common collision points. The twoway cycle track and protected intersections will reduce conflict points between vehicles and cyclists, providing a safer environment for all nonmotorized users.

3.2 Vehicle Speed Implications
The Project incorporates a road diet reducing the number of motor vehicle lanes from two in each direction to one lane in the westbound direction. The change means that driving speeds will be determined by the drivers traveling at a slower speed, sometimes referred to as the “prudent driver.” On a street with two lanes each way drivers make lane changes to pass slower moving drivers and this tends to increase driving speeds along a corridor. The Project reduces the number of lanes to one lane in the westbound direction and so drivers cannot change lanes to pass slower moving drivers.

Driving speeds with the Project are expected to decrease such that average driving speed before the Project becomes the 85th percentile speed after the Project’s road diet. This is because average driving speeds before the Project dictate the predominant speed when drivers are unable to pass slower moving drivers with the Project. The net benefit is a speed reduction of 4 to 6 miles per hour. Because speed is exponentially related to severe injuries and fatalities when a collision occurs, this speed reduction is meaningful for vulnerable road users in the corridor.

3.3 Sight Distance Implications
Currently, intersections have narrow sidewalks with buildings that come up to the back of sidewalk, causing inadequate intersection sight distance. The sidewalks narrow to four feet in areas where there is a history of pedestrian collisions, such as at Hollis and Horton Streets. There are also areas where proper daylighting at intersections is not provided, thus limiting visibility.

The Project improvements will resolve these sight distance and visibility issues by providing bulb outs and protected intersections, shifting the motor vehicle travel lanes away from the buildings, and red curbing intersections to the currently recommended distances of 20 feet minimum near side and far side of each intersection with a 30-foot minimum near side at each signalized intersection. These proven countermeasures will be effective in reducing collisions along the Jennifer Harmon
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corridor: the Caltrans Local Roadway Safety Manual gives the following values for crash reduction factors: 1) NS11, "Improve sight distance to intersection" (Crash Reduction Factor = 20%).

3.4 Conflict Points
Currently, nonmotorized users, including pedestrians and cyclists, are proximate to high-speed vehicles with no protection. These conflicts occur midblock, at crossings, and at intersections. The highest kinetic energy risk (injury risk) occurs when speed and mass are high in conflict with vulnerable road users. High speed locations include midblock, high speed right turns (with large radii), and high speed left turns (on and off the corridor where turns are not protected). These conflict points are exacerbated where heavy vehicles (trucks and buses) are also present.

The Project will address conflict severity by reducing speed throughout the corridor by 4 to 6 mph. To address midblock conflicts, the physical raised median that will be constructed to separate motorized and nonmotorized users on the north side of 40th Street will provide a significant benefit to pedestrians and cyclists. Pedestrians will be separated from motorized traffic by the raised median and the two-way cycle track. Cyclists will be separated from the motorized traffic by the raised median and green infrastructure improvements. Conflicts with buses will be addressed with bus stop enhancements and dedicated bus lanes. Finally, turning movement conflicts will be addressed with intersection geometry and signal adjustments to separate users in space and time. These proven countermeasures will be effective in reducing collisions along the corridor: the Caltrans Local Roadway Safety Manual gives the following value for crash reduction factors: R34PB, "Install Separated Bike Lanes" (Crash Reduction Factor = 45%).

3.5 Compliance with Laws
The Project incorporates design elements to prevent motorists from speeding and ensure compliance with California Vehicle Code 21209 VC, which prohibits vehicles from being driven in bicycle lanes. The Project introduces physically protected bicycle lanes with barriers, putting both eastbound and westbound bicycle riders on the north side of the street in a two-way separated bikeway, making it difficult for vehicles to encroach on these lanes. This separation enhances the safety of cyclists by clearly delineating the space for bicycles and motor vehicles. Additionally, the Project reduces the number of westbound vehicle travel lanes to a single lane. This design change significantly impacts driver behavior by eliminating opportunities to pass slower traffic, naturally calming traffic flow and reducing speeds. The narrower roadway and single westbound travel lane create a visual and physical environment that encourages drivers to adhere to the posted speed limit. The implementation of these measures, including the two-way protected bike lanes and reduced lane widths, not only discourages speeding but also promotes safer interactions between motorists and cyclists. By designing the roadway to control and moderate vehicle speeds, the Project ensures a safer, more predictable environment for all road users, aligning with the goals of improving safety and accessibility in Emeryville.

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3.6 Adequacy of Traffic Control
Uncontrolled movements at unsignalized intersections on the north side of 40th Street (at Hubbard, Holden, Haven, and Watts) encourage vehicle encroachment into the crosswalk, bike lane, and parking as motorists look for a gap in traffic flow on 40th Street. Uncontrolled movements and permissive conflicts present significant risks, as they allow vehicles to move freely into crosswalks and bike lanes without dedicated signals or barriers that protect nonmotorized users, increasing the likelihood of crashes. This lack of control creates dangerous interactions. The Safe System hierarchy of pro-active countermeasures to address kinetic energy risk emphasizes the need for physical separation and controlled movements to minimize risk of collisions and injuries.

AC Transit buses are impacted by the traffic signal operations at Emery Street, San Pablo Avenue, and Hollis Street, illustrating the negative effects the current signal configuration has on near side bus stop operations. This inadequacy not only affects bus operations but also exacerbates conflicts with other road users, highlighting the need for improved, pro-active, traffic controls.

On higher speed, higher volume roadways, vulnerable road users should be separated in space and time to ensure their safety. The current traffic controls along 40th Street are inadequate because they do not provide this essential separation, particularly where heavy vehicles such as trucks and buses interact with cyclists and pedestrians.

The Project incorporates design elements to separate vulnerable users in space and time.

Uncontrolled turns at unsignalized intersections will be eliminated with full closures or minimized to right-turns only with partial closures, eliminating or minimizing vehicle encroachments into crosswalks and bike lanes. A key feature of the concept design is the traffic signal phasing on San Pablo Avenue. Due to high westbound right turning traffic volume, the right-turn should be protected with right-turn red, yellow, and green arrows. As a result, right turning traffic will not conflict with either bicycle or pedestrian movements crossing San Pablo Avenue, which would both go concurrently with the westbound motor vehicle through movement. Bicycle signal heads and phasing will further separate bicycle movements, where applicable.

3.7 Adequacy of Bike and Pedestrian Facilities
Currently, pedestrians and bicyclists using the corridor are confronted with Class II bike lanes with no intersection treatments or dedicated bicycle signal phasing, pedestrian facilities that do not meet accessibility standards, and inadequate crosswalks and sidewalks. As noted in Caltrans DIB 94 (https://dot.ca.gov/-/media/dotmedia/ programs/design/documents/dib-94-010224-a11y.pdf), Class II bike lanes are not appropriate for the speed and volume of the corridor. Additionally, the wide pedestrian crossings increase exposure, and the cross slopes do not meet the needs of community members with disabilities. Lack of bicycle treatments at intersections increases the risk of right-hook and left-hook bicycle-vehicle collisions at intersections.

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The Project follows the Safe System Approach to proactively address vulnerable road user safety by reducing speed, removing conflicts, and separating users in space and time. The Project replaces the existing Class II bike lanes with a two-way cycle track (Class IV bike lanes), which may reduce bicycle-vehicle crashes by up to 53% according to the California Local Road Safety Manual (LRSM). The addition of advanced stop bars may reduce pedestrian crashes by up to 25%. The Project includes high-visibility crosswalks at all intersections, which may reduce vehicle-pedestrian crashes by up to 40%, and adds curb extensions to reduce pedestrian crossing distance. Bike boxes, green-backed sharrows, protected corners, and dedicated bicycle phasing reduce conflict at intersections by separating bicyclists from other road users in space and time. The Project reduces the number of vehicles crossing bicycle and pedestrian movements throughout the corridor by up to 100% at Hubbard and Haven Streets. The Project will also improve accessibility by constructing a new accessible sidewalk on the west side of Hubbard Street and bringing the cross slopes of intersections into compliance with accessibility regulations.

3.8 Reduce Behaviors Leading to Crashes
Following the Safe System Approach, this Project seeks to create a self-enforcing design where “safe behaviors are the easy behaviors” and mistakes do not have lethal consequences. Behaviors that will be eliminated or reduced include speeding, right-hook crashes, contra-flow bicycle riding, and motorist encroachment into the bike lane. As noted above, the road diet is expected to reduce corridor speeds and reduce pedestrian crossing distances.

The two-way separated bikeway and increased multimodal accessibility at intersections will reduce contra-flow bicycle travel. The separation also provides a barrier that prevents moving vehicles from passing, loading, or parking in the bike lane. The Project separates users in time using protected left and right turn phases at high-volume conflict points, reducing crashes associated with turning movements.

3.9 Considerations for Two-Way Cycle Track
Strictly from a traffic engineering perspective, the average daily traffic, posted speeds, and observed speeds were assessed. Observed motor vehicle speeds exceeded 20 mph along the corridor and ADT was above 10,000. Caltrans guidance (DIB 94) recommends a Class I or Class IV bicycle facility for this speed and volume context. But when evaluating and selecting the bikeway facility type for the Project, multiple factors were considered to ensure the chosen design would best serve community needs while addressing safety, accessibility, and connectivity concerns.

The decision to implement a two-way cycle track (Class IV facility) was influenced by critical considerations. Community engagement has been a cornerstone of the Project's development since its inception. In 2018, a series of workshops, surveys, and public meetings were held to gather input on design options. These engagement activities included morning and evening popups at bus stops, community workshops, and an online survey. Invitations were mailed to over 10,000 addresses in Emeryville and Oakland, ensuring broad participation. Feedback from these Jennifer Harmon
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Emeryville City CouncilNovember 18, 2025

Emeryville City Council
November 18, 2025