Emeryville City Zoning Code
CHAPTER 1
GENERAL PROVISIONS
9-1.101 Title.
Title 9 of the Emeryville Municipal Code shall be known and may be cited as the "City of Emeryville Planning Regulations," the "planning regulations," "these planning regulations" or "this title."
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-1.102 Purpose.
The purpose of these planning regulations is to implement the Emeryville General Plan and to protect and promote the public health, safety, peace and general welfare. More specifically, these regulations are intended to:
(a)
Provide a precise guide for the physical development of Emeryville in a manner consistent with the guiding principles, goals and policies of the General Plan.
(b)
Foster a harmonious, convenient, efficient and workable relationship among land uses and ensure compatible development.
(c)
Support economic development, job creation and prosperity.
(d)
Provide for the housing needs of all economic segments of the community.
(e)
Provide a balance of regional and local amenities that meet the daily needs of the community.
(f)
Promote high quality architecture and design that emphasizes a walkable environment.
(g)
Promote the stability of existing neighborhoods, protecting them from inharmonious influences and harmful intrusions.
(h)
Promote a safe and efficient multi-modal transportation system, with emphasis on bicycle, pedestrian and public transit amenities, while providing adequate facilities for motor vehicles including off-street parking and loading.
(i)
Promote the development of community facilities, parks, open space and recreational areas.
(j)
Promote environmental quality and sustainable development patterns.
(k)
Preserve and enhance the physical appearance of Emeryville.
(l)
Define duties and powers of administrative bodies and officers responsible for implementation of these regulations.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-1.103 Applicability.
(a)
Applicability to Property. These regulations shall apply, to the extent permitted by law, to all uses, structures, land, water and right-of-way within the City of Emeryville, including those owned by any private person, firm, corporation or organization, or the City of Emeryville or other local, State or Federal agencies.
(b)
Compliance with Regulations Required. All land shall be used and all structures shall be constructed, occupied, enlarged, altered, demolished or moved only in accordance with these regulations.
(c)
Provisions Interpreted as Basic Requirements. In interpreting and applying these regulations, they shall be held to be the basic requirements for the promotion of the public health, safety and general welfare. To the extent permitted by law, administrative bodies and officers responsible for implementation of these regulations may impose additional requirements as necessary to meet the intent of these regulations and the General Plan.
(d)
Relation to Other Regulations.
(1)
General. These regulations and requirements or conditions imposed pursuant to these regulations shall not supersede any other regulations or requirements adopted or imposed by the State of California or any Federal agency that has jurisdiction by law over uses and development authorized by these regulations. All uses and development authorized by these regulations shall comply with all other such regulations and requirements.
(2)
Conflicts. Where conflict occurs between the provisions of these regulations and any existing provisions of law or any rules or regulations, the more restrictive provisions shall control, unless otherwise specified.
(e)
Relation to Private Agreements. These regulations shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect; provided, that where these regulations impose greater restriction than imposed by an easement, covenant, or agreement, these regulations shall control.
(f)
Relation to Prior Ordinances and Laws. The provisions of these regulations supersede all prior zoning ordinances and subdivision and parcel map laws of the City of Emeryville. No provision of these regulations shall validate any land use or structure established, constructed or maintained in violation of prior ordinances and laws, unless such validation is specifically authorized by these regulations and is in conformance with all other regulations.
(g)
Relation to Prior Approvals. Any project which has been approved prior to the adoption of these regulations may be completed in accordance with the plans for which the planning approval was granted, provided the planning approval has not expired.
(h)
Formal Rules of Evidence.
(1)
Formal Rules of Evidence Do Not Apply. Except as otherwise expressly provided in this title, formal rules of evidence or procedure which must be followed in a court of record in this State shall not apply to hearings conducted pursuant to this title.
(2)
No Presumption Regarding Error. There shall be no presumption that error is prejudicial or that injury was done if error is shown.
(Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-1.104 Interpretation of Planning Regulations.
The Director of Planning and Building shall have the authority to interpret the content and applicability of these regulations. An interpretation of these regulations by the Director may be appealed to the Planning Commission in accordance with the appeal procedures in Article 14 of Chapter 7.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-1.105 Consistency of Planning Regulations with General Plan.
These regulations are intended to be consistent with the General Plan. Should any provisions of these regulations be determined inconsistent with the General Plan, the General Plan shall prevail. The Director of Planning and Building shall have the authority to determine the extent of any such inconsistency and issue a decision to resolve the matter. The Director's decision may be appealed to the Planning Commission in accordance with the appeal procedures in Article 14 of Chapter 7.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-1.106 Severability.
If any chapter, article, section, subsection, sentence, clause or phrase of these regulations is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of these regulations, it being hereby expressly declared that these regulations, and each chapter, article, section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, adopted, approved, and ratified irrespective of the fact that any one (1) or more other chapters, articles, sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-1.201 Purpose.
The purpose of this article is to provide precision in the interpretation of these regulations. The meaning and construction of words and phrases and the rules for rounding numbers defined in this article apply throughout these regulations, except as otherwise defined.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-1.202 Rules for Construction of Language.
In interpreting the various provisions of this title, the following rules of construction shall apply:
(a)
The particular controls the general.
(b)
Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
(2) "And/or"
indicates that the connected words or provisions may apply singly or in any combination.
(4) "Either . . . or"
indicates that the connected words or provisions shall apply singly but not in combination.
(c)
In case of conflict between the text and a diagram or graphic, the text controls.
(d)
All references to departments, committees, commissions, boards, or other public agencies are to those of the City of Emeryville, unless otherwise indicated.
(e)
All references to public officials are to those of the City of Emeryville, and include designated deputies of such officials, unless otherwise indicated.
(f)
All references to the Director are to the Director of Planning and Building of the City of Emeryville, and include designees of the Director, unless otherwise indicated.
(g)
All references to days are to calendar days, unless otherwise indicated. If a deadline falls on a weekend or City holiday, or any other day when the City offices are closed, it shall be extended to the next business day. The end of a time period shall be the close of business on the last day of the period.
(h)
The words "shall," "will," "must" and "is to" are mandatory and not discretionary. The words "should" or "may" are permissive.
(i)
The present tense includes the past and future tenses.
(j)
The singular number includes the plural, and the plural number includes the singular.
(k)
Chapter, article, section, and subsection headings shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any provision of these regulations.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-1.203 Rules for Rounding of Numbers.
Whenever these regulations require consideration of dwelling units, parking spaces, floor area ratio or other aspects of development or the physical environment expressed in numerical quantities, and the result of a calculation contains a fraction, the results will be rounded as prescribed in this section.
(a)
Rounding to Whole Numbers. When quantities in these regulations are expressed as whole numbers (e.g., dwelling units or parking spaces), fractions of one-half (1/2) or greater shall be rounded up to the nearest whole number and fractions of less than one-half (1/2) shall be rounded down to the nearest whole number.
(b)
Rounding to Tenths. When quantities in these regulations are expressed as tenths of whole numbers (e.g., floor area ratio), fractions of five-hundredths (5/100) or greater shall be rounded up to the nearest tenth and fractions of less than five-hundredths (5/100) shall be rounded down to the nearest tenth.
(c)
Exception for State Affordable Housing Density Bonus. For projects eligible for bonus density pursuant to California Government Code Section 65915, any fractional number of permitted bonus density units shall be rounded up to the next whole number.
(d)
Linear Dimensions. Linear dimensions that do not require computation, such as heights, setbacks, and parking space dimensions, shall not be rounded.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-1.301 Related Municipal Code Provisions.
In addition to the provisions of this title, the following planning-related matters are addressed elsewhere in the Emeryville Municipal Code as indicated below. This list is provided for convenience, is not intended to be regulatory, and might not be comprehensive, complete, or up-to-date.
Air Pollution: Chapter 3 of Title 5
Ambulance Service: Chapter 12 of Title 4
Animals and Fowl: Chapter 1 of Title 6
Bingo Games: Chapter 21 of Title 5
Building Regulations: Title 8
Business Licenses: Chapter 1 of Title 3
Cabarets and Dance Halls: Chapter 4 of Title 5
Card Rooms: Chapter 5 of Title 5
Community Events: Chapter 23 of Title 5
Curbs and Driveways: Chapter 3 of Title 7
Dance Halls: Chapter 4 of Title 5
Driveways: Chapter 3 of Title 7
Firearms and Other Weapons: Chapter 20 of Title 5
Food Establishments: Chapter 3 of Title 6
Food Service Waste Reduction: Chapter 14 of Title 6
Gaming: see Card Rooms
Grading: Chapter 5 of Title 7
Hotels, Motels, and Lodging Houses: Chapter 25 of Title 5
Laundries: Chapter 5 of Title 6
Limousines: Chapter 8 of Title 4
Litter and Refuse: Chapters 2 and 10 of Title 6
Live Aboard Boats: Section 10-1.17
Live Music: see Cabarets and Dance Halls
Marina: Chapter 1 of Title 10
Massage Establishments: Chapter 11 of Title 5
Motels: Chapter 25 of Title 5
Motor Vehicles, Abandoned: Chapter 1 of Title 5
Motor Vehicles, Maintenance on Public Streets: Chapter 19 of Title 5
Motor Vehicles, Parked in Required Yards: Chapter 11 of Title 6
Noise: Chapter 13 of Title 5
Parking in Required Yards: Chapter 11 of Title 6
Parking, On-Street Parking and Vehicular Traffic: Chapter 9 of Title 4
Parking, Restrictions on Off-Street Parking in the Vicinity of Powell Street and Christie Avenue: Chapter 12 of Title 6
Parks: Chapter 24 of Title 5
Patrol Services: Chapter 15 of Title 5
Poolrooms: Chapter 18 of Title 5
Property Maintenance: Chapters 2 and 11 of Title 6
Recreational Vehicles: Chapter 10 of Title 4
Recycling: Chapter 4 of Title 6
Refuse: Chapters 2 and 10 of Title 6
Sewers: Chapter 8 of Title 7
Sidewalks, Curbs and Driveways: Chapter 3 of Title 7 (see also Streets)
Signs Adjacent to Landscaped Freeways: Chapter 15 of Title 8
Solid Waste: Chapter 4 of Title 6
Stormwater Management: Chapter 13 of Title 6
Street Trees: see Trees
Streets and Sidewalks, Obstructions: Chapter 14 of Title 5
Streets, Excavation and Encroachments: Chapter 2 of Title 7
Streets, Public Improvements: Chapter 6 of Title 7
Taxicabs and Limousines: Chapter 8 of Title 4
Tidelands: Chapter 2 of Title 10
Tobacco Shops: Section 5-29.10
Trash: see Solid Waste
Trees: Street Trees and Other Trees on City Property: Chapter 10 of Title 7
Utility Undergrounding: Chapter 4 of Title 7
Vehicles, Abandoned: Chapter 1 of Title 5
Vehicles, Maintenance on Public Streets: Chapter 19 of Title 5
Vehicles, Parked in Required Yards: Chapter 11 of Title 6
Vending Machines (Food): Chapter 3 of Title 6
Vessel Habitation: Section 10-1.17
Weapons: Chapter 20 of Title 5
Weeds: Chapter 10 of Title 6
Wells: Chapter 9 of Title 6
(Sec. 3, Ord. 23-003, eff. Nov. 16, 2023; Secs. 3, 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)