Emeryville City Zoning Code
Complete index of all zoning chapters, sections, and subsections
CHAPTER 1
GENERAL PROVISIONS
Sections
- Article 1 Basic Provisions
- Article 2 Rules For Language And Numbers
- Article 3 Related Municipal Code Provisions
CHAPTER 2
USE CLASSIFICATION
Sections
- Article 1 General Provisions
- Article 2 Residential Use Types
- Article 3 Commercial And Institutional Use Types
- 9-2.301 General Description of Commercial and Institutional Use Types.
- 9-2.303 Adult Oriented Businesses.
- 9-2.305 Animal Care and Sales.
- 9-2.307 Arts and Entertainment.
- 9-2.309 Banks and Financial Institutions.
- 9-2.311 Business Services.
- 9-2.313 Colleges and Trade Schools.
- 9-2.315 Community Assembly.
- 9-2.317 Day Care Centers.
- 9-2.319 Eating and Drinking Establishments.
- 9-2.321 Emergency Shelters.
- 9-2.323 Funeral Homes, Mortuaries and Mausoleums.
- 9-2.325 Health Care.
- 9-2.327 Instructional Services.
- 9-2.329 Libraries and Museums.
- 9-2.331 Live/Work Unit.
- 9-2.333 Lodging.
- 9-2.335 Major Public Services.
- 9-2.337 Marinas.
- 9-2.339 Motor Vehicle Sales and Services.
- 9-2.341 Offices.
- 9-2.343 Parking.
- 9-2.345 Personal Services.
- 9-2.347 Public Safety Facilities.
- 9-2.349 Recreation.
- 9-2.351 Repair Services.
- 9-2.353 Retail.
- 9-2.355 Schools.
- 9-2.357 Social Service Facilities.
- Article 4 Industrial Use Types
- 9-2.401 General Description of Industrial Use Types.
- 9-2.403 Arts-Industrial.
- 9-2.405 Commercial Kitchens.
- 9-2.407 Construction and Maintenance.
- 9-2.409 Crematories.
- 9-2.411 Food Production and Assembly.
- 9-2.413 Hazardous Waste Facilities.
- 9-2.415 Laundry and Dry Cleaning Services.
- 9-2.417 Manufacturing.
- 9-2.419 Recycling Facilities.
- 9-2.421 Research and Development.
- 9-2.423 Salvage and Wrecking.
- 9-2.425 Storage and Distribution.
- Article 5 Agricultural Use Types
- Article 6 Communication, Transportation And Utilities Use Types
- Article 7 Principal And Accessory Uses
- Article 8 Mixed Use Groups
CHAPTER 3
ZONING DISTRICTS
Sections
- Article 1 General Provisions
- Article 2 Uses Permitted, Conditionally Permitted, And Prohibited
- Article 3 Base Zone Regulations
- 9-3.301 Purpose.
- 9-3.302 Residential Zones.
- 9-3.303 Mixed Use Zones.
- 9-3.304 Office/Technology Zones.
- 9-3.305 Industrial Zones.
- 9-3.306 P Public Zone.
- 9-3.307 M Marina Zone.
- 9-3.308 PO Park/Open Space Zone.
- 9-3.309 SM Shoreline Management Zone.
- 9-3.310 PUD Planned Unit Development Zone.
- 9-3.311 UT Utilities/Transportation Zone.
- Article 4 Overlay Zone Regulations
CHAPTER 4
SITE DEVELOPMENT REGULATIONS
Sections
- Article 1 General Provisions
- Article 2 Building Intensity, Height And Residential Density
- Article 3 Setbacks, Courts And Open Space
- Article 4 Parking And Loading
- 9-4.401 Purpose.
- 9-4.402 Applicability.
- 9-4.403 General Regulations and Standards.
- 9-4.404 Calculation of Estimated Parking Demand.
- 9-4.405 Shared Parking.
- 9-4.406 Design Standards for Parking Lots and Structures.
- 9-4.407 Alternative Compliance with Parking Provisions.
- 9-4.408 Bicycle Parking.
- 9-4.409 Loading.
- Article 5 Landscaping And Screening
- 9-4.501 Purpose.
- 9-4.502 Applicability.
- 9-4.503 General Provisions.
- 9-4.504 Landscaping Requirements by Zoning District.
- 9-4.505 Fences and Walls.
- 9-4.506 Screening of Outdoor Storage (Principal Use) and Open Storage (Accessory Use).
- 9-4.507 Screening of Mechanical and Electrical Equipment.
- 9-4.508 Utility Undergrounding.
- Article 6 Water Use
- Article 7 Other Site Development Regulations
- Article 8 Bird-safe Buildings
CHAPTER 5
CITYWIDE USE AND DEVELOPMENT REGULATIONS
Sections
- Article 1 General Provisions
- Article 2 Miscellaneous Use Regulations
- 9-5.201 Purpose.
- 9-5.202 Animal Care and Sales, Kennel/Animal Care.
- 9-5.203 Condominium Conversions.
- 9-5.204 Drive-In and Drive-Through Facilities.
- 9-5.205 Factory-Built Housing (Manufactured Homes).
- 9-5.206 Lodging, Bed and Breakfast.
- 9-5.207 Medical Marijuana Dispensaries.
- 9-5.208 Mobile Food Vendors.
- 9-5.209 Mobile Homes on Individual Lots.
- 9-5.210 Recreation, Gaming.
- 9-5.211 Residential Care Facility, Limited.
- 9-5.212 Residential Care Facilities for the Elderly.
- 9-5.213 Retail.
- 9-5.214 Supportive Housing and Transitional Housing.
- Article 3 Adult Oriented Businesses
- Article 4 Affordable Housing Program
- 9-5.401 Created.
- 9-5.402 General Requirements for New Ownership Residential Projects of Ten (10) or More Dwelling Units.
- 9-5.403 Affordable Unit Requirements for Ownership Residential Projects.
- 9-5.404 Household Eligibility Requirements for Affordable Units.
- 9-5.405 Control of Resale of Ownership Affordable Units.
- 9-5.406 New Rental Residential Projects – Affordable Housing Impact Fees.
- 9-5.407 Rental Affordable Units Permitted if Consistent with Costa-Hawkins Act.
- 9-5.408 Requirements for Rental Affordable Units.
- 9-5.409 New Nonresidential Projects – Affordable Housing Impact Fees.
- 9-5.410 Housing Fund.
- 9-5.411 Availability of Government Subsidies.
- 9-5.412 Density Bonus.
- 9-5.413 Reduction of Amenity and Square Footage.
- 9-5.414 Fees.
- 9-5.415 Technical Assistance.
- 9-5.416 Enforcement.
- 9-5.417 Waiver.
- 9-5.418 Annual Report.
- 9-5.419 Definitions.
- Article 5 Density Bonus For Affordable Housing
- 9-5.501 Purpose.
- 9-5.502 Applicability.
- 9-5.503 Projects Eligible for Density Bonus.
- 9-5.504 Application Requirements.
- 9-5.505 Amount of Density Bonus.
- 9-5.506 Concessions and Incentives.
- 9-5.507 Waiver or Reduction of Development Standards.
- 9-5.508 Vehicular Parking Ratio.
- 9-5.509 Requirements for Participation.
- 9-5.510 Definitions.
- Article 6 Firearms And Ammunition Sales
- Article 7 Hazardous Waste Facilities
- Article 8 Home Occupations
- Article 9 Live/work
- 9-5.901 Purpose.
- 9-5.902 Applicability.
- 9-5.903 Conditional Use Permit Required.
- 9-5.904 Occupancy of Live/Work Unit.
- 9-5.905 Location and Activity Requirements.
- 9-5.906 Incompatible Use Types.
- 9-5.907 Live/Work Standards.
- 9-5.908 Residential Zones.
- 9-5.909 Existing Live/Work Buildings.
- 9-5.910 Waiver or Reduction of Standards.
- 9-5.911 Review Criteria.
- 9-5.912 Conditions of Approval.
- 9-5.913 Conversion of Live/Work Buildings.
- Article 10 Nonconforming Uses And Structures
- 9-5.1001 Purpose.
- 9-5.1002 Applicability.
- 9-5.1003 Exceptions.
- 9-5.1004 Nonconforming Uses as Distinguished from Illegal Uses.
- 9-5.1005 Effect of Conditional Use Permit on Nonconforming Uses.
- 9-5.1006 Determination of Legal Nonconforming Uses.
- 9-5.1007 Incompatible Uses.
- 9-5.1008 Nonconforming Lots.
- 9-5.1009 Continuation and Maintenance of Nonconforming Uses and Structures.
- 9-5.1010 Changes and Substitutions of Nonconforming Uses.
- 9-5.1011 Expansion of Nonconforming Structures and/or Uses.
- 9-5.1012 Restoration of Damaged Nonconforming Structures and/or Uses.
- 9-5.1013 Reestablishment of Abandoned Nonconforming Uses.
- 9-5.1014 Abatement.
- Article 11 Performance Standards
- Article 12 Preservation Of Structures
- 9-5.1201 Purpose.
- 9-5.1202 Applicability.
- 9-5.1203 Preservation Permit Required.
- 9-5.1204 Application.
- 9-5.1205 Approval Procedure for Preservation Permit.
- 9-5.1206 Findings.
- 9-5.1207 Conditions of Approval.
- 9-5.1208 Appeals.
- 9-5.1209 Effect on Building Permits.
- 9-5.1210 Designation of Significant Structures.
- 9-5.1211 Criteria for Adding or Deleting Significant Structures.
- 9-5.1212 Definitions.
- Article 13 Private Property Access From City Parks, Greenways, And Other City Property
- 9-5.1301 Purpose.
- 9-5.1302 Applicability.
- 9-5.1303 Conditional Use Permit Required.
- 9-5.1304 Allowable Uses.
- 9-5.1305 Alternate Access.
- 9-5.1306 Limitations.
- 9-5.1307 Landscaping and Maintenance of Property Gaining Access.
- 9-5.1308 Access Facilities.
- 9-5.1309 Financial Contribution to Citywide Parks Fund.
- 9-5.1310 Application.
- 9-5.1311 Findings.
- 9-5.1312 Conditions of Approval.
- Article 14 Accessory Dwelling Units And Junior Accessory Dwelling Units
- 9-5.1401 Purpose.
- 9-5.1402 Applicability.
- 9-5.1403 Approval Procedure.
- 9-5.1404 Minimum Allowable Accessory Dwelling Unit.
- 9-5.1405 Where Allowed.
- 9-5.1406 Building Intensity and Residential Density.
- 9-5.1407 Number of Accessory Dwelling Units and Junior Accessory Dwelling Units.
- 9-5.1408 Size of Accessory Dwelling Unit.
- 9-5.1409 Parking.
- 9-5.1410 Dimensional Requirements.
- 9-5.1411 Design.
- 9-5.1412 Other Requirements.
- Article 15 Sidewalk Cafes And Parklets
- 9-5.1501 Purpose.
- 9-5.1502 Permit Required.
- 9-5.1503 Where Permitted.
- 9-5.1504 Standards.
- 9-5.1505 Alcoholic Beverages.
- 9-5.1506 Application.
- 9-5.1507 Approval Procedure.
- 9-5.1508 Required Findings.
- 9-5.1509 Renewal.
- 9-5.1510 Revocation.
- 9-5.1511 Appeals.
- 9-5.1512 Restoration of Sidewalk or Roadway.
- 9-5.1513 Amortization.
- 9-5.1514 Parklets.
- 9-5.1515 Definitions.
- Article 16 Signs
- 9-5.1601 Purpose.
- 9-5.1602 Applicability.
- 9-5.1603 Procedure.
- 9-5.1604 Prohibited Signs.
- 9-5.1605 Exempt Signs.
- 9-5.1606 General Provisions for All Sign Types.
- 9-5.1607 Standards for Specific Sign Types.
- 9-5.1608 Sign Regulations in the RM Medium Density Residential Zone.
- 9-5.1609 Sign Regulations in All Other Zones.
- 9-5.1610 Temporary Commercial Signs.
- 9-5.1611 Design Principles.
- 9-5.1612 Procedures for Individual Establishment Signs.
- 9-5.1613 Master Sign Programs.
- 9-5.1614 Nonconforming Signs.
- 9-5.1615 Definitions.
- Article 17 Telecommunications Facilities
- Article 18 Emergency Shelters
- Article 19 Development Impact Fees
- 9-5.1901 Authority and Reference to This Article.
- 9-5.1902 Purpose of Fees.
- 9-5.1903 Use of Fees.
- 9-5.1904 Calculation of Fees by Implementing Resolutions.
- 9-5.1905 Obligation to Pay Fees.
- 9-5.1906 Timing of Payment.
- 9-5.1907 Amount of Payment.
- 9-5.1908 Fee Adjustments by the City.
- 9-5.1909 Exemptions.
- 9-5.1910 Request for Refund.
- 9-5.1911 Application for Potential Credit.
- 9-5.1912 Timing of Application for Potential Credit.
- 9-5.1913 Amount of Potential Credit.
- 9-5.1914 Request for Reimbursement.
- 9-5.1915 Allocation of Reimbursements.
- 9-5.1916 Notice of Protest Rights.
- 9-5.1917 Informal Hearing.
- 9-5.1918 Director's determination.
- 9-5.1919 Appeal of Director's Determination.
- 9-5.1920 Appeal Hearing.
- 9-5.1921 Decision of Independent Hearing Officer; Judicial Review.
- 9-5.1922 Costs of Protest.
- 9-5.1923 Applicant's Acknowledgment of Adjustment or Waiver.
- 9-5.1924 Definitions.
- Article 20 Multi-unit Residential Developments
- Article 21 Short-term Rentals
- Article 22 Cannabis-related Activities
CHAPTER 6
SUBDIVISIONS
Sections
- Article 1 General Provisions
- Article 2 Major Subdivisions
- 9-6.201 Applicability.
- 9-6.202 Tentative Maps: Filing.
- 9-6.203 Tentative Maps: Form and Contents.
- 9-6.204 Tentative Maps: Accompanying Data and Reports.
- 9-6.205 Vesting Tentative Maps.
- 9-6.206 Tentative Maps: Planning and Building Director Review and Referral.
- 9-6.207 Tentative Maps: Review by City Engineer.
- 9-6.208 Tentative Maps: Planning Commission Action.
- 9-6.209 Tentative Maps: Expiration and Extensions.
- 9-6.210 Tentative Maps: Corrections and Amendments.
- 9-6.211 Tentative Maps: Appeals.
- 9-6.212 Final Maps: Filing.
- 9-6.213 Final Maps: Form and Contents.
- 9-6.214 Final Maps: Accompanying Data and Reports.
- 9-6.215 Final Maps: Multiple Filings.
- 9-6.216 Final Maps: Certification by City.
- 9-6.217 Final Maps: Recordation.
- 9-6.218 Final Maps: Corrections and Amendments.
- Article 3 Minor Subdivisions
- 9-6.301 Applicability.
- 9-6.302 Parcel Maps: Filing.
- 9-6.303 Parcel Maps: Form and Contents.
- 9-6.304 Parcel Maps: Accompanying Data and Reports.
- 9-6.305 Parcel Maps: Planning and Building Director Review and Referral.
- 9-6.306 Parcel Maps: Review by City Engineer.
- 9-6.307 Parcel Maps: Planning and Building Director Action.
- 9-6.308 Parcel Maps: Appeals.
- 9-6.309 Parcel Maps: Certification by City.
- 9-6.310 Parcel Maps: Recordation.
- 9-6.311 Parcel Maps: Corrections and Amendments.
- 9-6.312 Parcel Map Waiver Procedure.
- Article 4 Lot Line Adjustments
- Article 5 Parcel Mergers
- Article 6 Improvements And Dedications
- Article 7 Residential Condominium Conversions
- Article 8 Covenant Of Easement
- 9-6.801 General Provisions.
- 9-6.802 Creation of Easement.
- 9-6.803 Purposes of Easement.
- 9-6.804 Common Ownership.
- 9-6.805 Contents of Covenant.
- 9-6.806 Acceptance by City Manager.
- 9-6.807 Recordation.
- 9-6.808 When Effective.
- 9-6.809 Enforceability.
- 9-6.810 Release of Covenant.
- 9-6.811 Petition for Release.
- 9-6.812 Fees.
- 9-6.813 Hearing by Planning Commission.
- 9-6.814 Appeal to City Council.
- 9-6.815 Findings.
- 9-6.816 Release to Be Recorded.
CHAPTER 7
ADMINISTRATION AND PERMITS
Sections
- Article 1 Planning Decision Authority
- Article 2 Common Procedures
- 9-7.201 Purpose.
- 9-7.202 General Processing Requirements.
- 9-7.203 Applications and Fees.
- 9-7.204 Coordination of Applications.
- 9-7.205 Review for Completeness.
- 9-7.206 Application Processing.
- 9-7.207 Environmental Review.
- 9-7.208 Public Notice.
- 9-7.209 Conduct of Public Hearings.
- 9-7.210 Action.
- 9-7.211 Scope of Approvals.
- 9-7.212 Effective Date.
- 9-7.213 Expiration and Extension.
- 9-7.214 Modifications.
- 9-7.215 Failure to Comply with Conditions.
- 9-7.216 Denied Applications.
- 9-7.217 Legal Considerations.
- Article 3 Zoning Compliance Review
- Article 4 Design Review
- Article 5 Conditional Use Permits
- Article 6 Temporary Use Permits
- Article 7 Variances
- Article 8 Exceptions To Standards
- Article 9 Reasonable Accommodation
- 9-7.901 Purpose.
- 9-7.902 Notice to the Public of Availability of Accommodation Process.
- 9-7.903 Requesting Reasonable Accommodation.
- 9-7.904 Review of Requests for Reasonable Accommodation.
- 9-7.905 Factors for Considering Requests for Reasonable Accommodation.
- 9-7.906 Written Decision on the Request for Reasonable Accommodation.
- 9-7.907 Appeals.
- 9-7.908 Definitions.
- Article 10 Planned Unit Developments
- 9-7.1001 Purpose.
- 9-7.1002 Applicability.
- 9-7.1003 Procedures.
- 9-7.1004 Findings.
- 9-7.1005 General Requirements.
- 9-7.1006 Preliminary Development Plan: Application.
- 9-7.1007 Preliminary Development Plan: Planning Commission Action.
- 9-7.1008 Preliminary Development Plan: City Council Action.
- 9-7.1009 Final Development Plan: Application.
- 9-7.1010 Final Development Plan: Planning and Building Director Review and Recommendation.
- 9-7.1011 Final Development Plan: Planning Commission Action.
- 9-7.1012 Final Development Plan: Appeals.
- 9-7.1013 Concurrent Processing of Preliminary and Final Development Plans.
- 9-7.1014 Adherence to Approved Plan.
- Article 11 Development Agreements
- Article 12 General Plan Amendments
- Article 13 Amendments To Planning Regulations And Zoning Maps
- Article 14 Appeals
- Article 15 Enforcement And Revocation
- Article 16 Ministerial And Discretionary Approvals
CHAPTER 8
DEFINITIONS
Sections
- Article 1 General Provisions
- Article 2 General Definitions
- 9-8.201 "A" Terms.
- 9-8.202 "B" Terms.
- 9-8.203 "C" Terms.
- 9-8.204 "D" Terms.
- 9-8.205 "E" Terms.
- 9-8.206 "F" Terms.
- 9-8.207 "G" Terms.
- 9-8.208 "H" Terms.
- 9-8.209 "I" Terms.
- 9-8.210 "J" Terms.
- 9-8.211 "K" Terms.
- 9-8.212 "L" Terms.
- 9-8.213 "M" Terms.
- 9-8.214 "N" Terms.
- 9-8.215 "O" Terms.
- 9-8.216 "P" Terms.
- 9-8.217 "Q" Terms.
- 9-8.218 "R" Terms.
- 9-8.219 "S" Terms.
- 9-8.220 "T" Terms.
- 9-8.221 "U" Terms.
- 9-8.222 "V" Terms.
- 9-8.223 "W" Terms.
- 9-8.224 "X" Terms.
- 9-8.225 "Y" Terms.
- 9-8.226 "Z" Terms.