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

Determining Floor Area Ratio. The floor area ratio (FAR) is the ratio of the floor area of all principal buildings on a lot to the lot area, rounded to the nearest tenth in accordance with Section 9-1.203(b). Examples of floor area ratio are shown in Figure 9-4.201(b). Note that floor area, as defined in Chapter 8, does not include parking or loading areas.

Interpretation of Floor Area Ratio Map. If a lot is in two (2) or more floor area ratio districts on the General Plan Floor Area Ratio Map, the floor area ratio indicated on the map shall apply to each portion of the lot, except that the floor area ratio for the entire lot may be increased up to the maximum floor area ratio applicable to any portion of the lot upon the granting of a conditional use permit pursuant to Article 5 of Chapter 7. Such a conditional use permit may be granted only if both of the following conditions are met:

Maximum Height.

Measuring Height.

Allowed Projections above Top of Building.

Interpretation of Height Map. If a lot is in two (2) or more height districts on the General Plan Height Map, the height limit indicated on the map shall apply to each portion of the lot, except that the height limit for the entire lot may be increased up to the maximum height limit applicable to any portion of the lot upon the granting of a conditional use permit pursuant to Article 5 of Chapter 7. Such a conditional use permit may be granted only if both of the following conditions are met:

Height Limits Adjacent to Lower Height Districts. Where a height district abuts a lower height district, the maximum permitted height shall step down at a forty-five (45) degree angle, as measured perpendicular to the boundary between the height districts, to the bonus height of the adjacent height district at the height district boundary, or, if the adjacent height district has no bonus height, to the base height of the adjacent height district at the height district boundary, as illustrated in Figure 9-4.202(e). This regulation does not apply where different height districts are on opposite sides of a public street or railroad right-of-way, nor in the one hundred plus (100+) height district, which has no absolute bonus height.

Building Bulk. All development proposals are subject to design review pursuant to the design review procedures in Article 4 of Chapter 7, including the provisions of the Emeryville Design Guidelines pertaining to building massing. New construction of multi-unit residential developments is also required to meet the following standards, as applicable:

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

Determining Residential Density. The residential density is the ratio of the number of dwelling units on a lot to the lot area in acres, rounded to the nearest whole number in accordance with Section 9-1.203(a). (One (1) acre equals forty-three thousand five hundred sixty (43,560) square feet.)

Interpretation of Residential Density Map. If a lot is in two (2) or more residential density districts on the General Plan Residential Density Map, the residential density indicated on the map shall apply to each portion of the lot, except that the residential density for the entire lot may be increased up to the maximum residential density applicable to any portion of the lot upon the granting of a conditional use permit pursuant to Article 5 of Chapter 7. Such a conditional use permit may be granted only if both of the following conditions are met:

State Density Bonus Not Available. If a developer chooses to request development bonuses pursuant to the provisions of this section, density bonuses pursuant to the State density bonus requirements in Article 5 of Chapter 5 are not available.

Procedure. Bonus floor area ratio, height, and/or residential density, as specified in this article, may be permitted upon the granting of a conditional use permit pursuant to Article 5 of Chapter 7 and the additional findings required by subsection (f) of this section. Projects seeking bonus points for the flexible community benefit pursuant to item (7) in Table 9-4.204(e) shall require approval of a conditional use permit by the City Council upon a recommendation of the Planning Commission. For planned unit developments, development bonuses shall comply with the requirements of this section, but shall not require a conditional use permit and shall be considered as part of the PUD approval process pursuant to Article 10 of Chapter 7.

Determination of Bonuses. Bonus floor area ratio, height, and/or residential density shall be calculated in accordance with the following procedures.

Affordable Housing. No fewer than half of the bonus points required for the project, as calculated pursuant to subsection (c)(1) of this section, up to fifty (50) points, shall be earned through the provision of affordable housing as specified below. If half of the bonus points required for the project is not a multiple of five (5), it shall be rounded up to the next multiple of five (5) for the purposes of the provision of affordable housing.

Community Benefits. No more than half of the bonus points required for the project, as calculated pursuant to subsection (c)(1) of this section, may be earned through the provision of community benefits. The maximum number of points that may be awarded for each community benefit, the calculation method, and other requirements are as shown in Table 9-4.204(e):

Findings. To grant a conditional use permit for bonus floor area ratio, height, or residential density, as prescribed in this article, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:

Minimum Setbacks. The minimum setbacks of buildings from lot lines shall be as prescribed in Table 9-4-301(a).

Determination of Minimum Setbacks and Required Yards. Minimum setbacks and required yards shall be determined in accordance with the following definitions:

Openness of Required Yards. All required yards shall have pervious surfaces and shall be open and unobstructed from the ground to the sky, except as provided in subsections (d) and (e) of this section.

Features Allowed in Required Yards without Restriction. The following features are allowed anywhere in any required yard without restriction:

Features Allowed in Required Yards with Restrictions. Certain features are allowed in required yards with restrictions as indicated in Table 9-4.301(e). The restrictions imposed by this subsection may be modified, and additional features my be allowed in required yards, upon the granting of an exception to standards permit pursuant to Article 8 of Chapter 7.

Reserved (Repealed by Ord. 23-005).

Court Width. The minimum width of a court shall equal the height of the opposite wall, but need not exceed fifty feet (50'), and shall not be less than fourteen feet (14').

Reserved (Repealed by Ord. 23-005).

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

Requirements for All Types of Open Space.

Open Space Standards.

Ensure that adequate, but not excessive, off-street parking and loading facilities are pd for new uses and major alterations to existing uses;

Avoid the negative impacts associated with spillover parking into adjacent neighborhoods, and minimize the negative environmental and urban design impacts that can result from parking lots, driveways, and drive aisles within parking lots;

Address the circulation and access needs of bicyclists and pedestrians by requiring bicycle parking facilities and promoting parking lot designs that offer safe and attractive pedestrian routes;

Establish standards and regulations for safe and well-designed parking, loading, and vehicle circulation areas that minimize conflicts between pedestrian and vehicles within parking lots and, where appropriate, create buffers from surrounding land uses;

Offer flexible means of minimizing the amount of land area devoted to parking of automobiles by allowing reductions in the number of parking spaces in transit-served locations, for shared parking facilities, and for other situations expected to have lower vehicle parking demand; and

Reduce urban stormwater runoff and heat island effect.

New Development. Unless otherwise specified, the parking and loading provisions of this article apply to all new buildings and to all new conditionally permitted uses in existing buildings.

Enlargements and Expansions. Unless otherwise specified, the parking and loading provisions of this article apply whenever an existing building or use is enlarged or expanded to include additional dwelling units, floor area, seating capacity, employees or other units of measurement used for establishing off-street parking and loading provisions for that use. Additional off-street parking and loading spaces are intended only to serve the enlarged or expanded area.

Damage or Destruction. When a use that has been involuntarily damaged or destroyed is reestablished, off-street parking and loading facilities may also be reestablished or continued in operation in an amount equal to the number maintained at the time of such damage or destruction. It is not necessary, however, to restore or maintain parking or loading facilities in excess of those allowed by this article. Also see the nonconforming use regulations at Article 10 of Chapter 5 of this title.

Principal and Accessory Uses. The parking and loading provisions of this article apply only to principal uses and not to accessory uses.

Exceptions.

Reduction in Off-Street Parking and Loading Spaces.

Separate Parking and Loading Spaces. No area may be utilized and counted both as a parking space and a required loading space. However, maneuvering aisles and driveways may serve both parking spaces and loading spaces if they meet the requirements specified in this article for both parking and loading facilities.

Accessible Parking. Parking spaces accessible to persons with disabilities shall be provided as required by the building regulations in Title 8 as follows:

Nonconforming Parking Facilities. Existing buildings whose off-street loading facilities do not conform to the requirements of this article may be enlarged or expanded; provided, that additional loading facilities shall be added so that the enlarged or expanded portion of the building conforms to the requirements of this article, subject to the applicable provisions for nonconforming uses and structures in Article 10 of Chapter 5 of this title. Existing buildings whose off-street parking facilities do not conform to the design standards of this article may be enlarged or expanded; provided, that if the parking is to be reconfigured, the parking facilities shall be redesigned to conform to the design standards of this article unless the Director determines that this is physically infeasible. In redesigning existing parking facilities to conform to the design standards of this article, the number of parking spaces may be reduced, or the parking may be eliminated entirely.

Unbundled Parking. The following rules shall apply to the sale or rental of parking spaces in new multi-unit residential uses of ten (10) units or more:

Surface Parking Lots. Surface parking lots shall be subject to the following restrictions and standards. The area of a surface parking lot shall include all features within the lot's outer edges, including all parking spaces, maneuvering aisles, access driveways, and perimeter and interior landscaping, walkways, and other features.

Multiple Uses. When two (2) or more principal uses are located on the same lot, the estimated parking demand shall be the sum of the estimated demand of the various individual uses computed separately, in accordance with this section, unless shared parking is approved pursuant to Section 9-4.405.

Area-Based Estimates. All area-based estimated parking demands shall be computed on the basis of gross square footage, as defined in Chapter 8, which does not include parking or loading areas.

Exclusion of First One Thousand Five Hundred (1,500) Square Feet. For all nonresidential uses with area-based estimated parking demands, the first one thousand five hundred (1,500) square feet shall be subtracted from the gross square footage of the use when calculating the estimated parking demand. When there are multiple principal uses on the same lot with separate estimated parking demands, pursuant to subsection (a) of this section, the first one thousand five hundred (1,500) square feet shall be subtracted from each such use. Any use that occupies one thousand five hundred (1,500) square feet or less is not required to provide off-street parking.

Motorcycle Parking. When calculating the estimated parking demand, every four (4) motorcycle parking spaces shall be counted as one (1) automobile parking space, not to exceed five percent (5%) of the total number of automobile parking spaces. Motorcycle parking spaces shall be no less than four feet (4') wide by eight feet (8') long with an aisle width of no less than ten feet (10') and shall be clearly marked.

If Estimated Parking Demand Is "To Be Determined."

Minimum and Maximum Parking Requirements. There is no minimum number of parking spaces required for any use, except for accessible parking pursuant to Section 9-4.403(c). The maximum number of parking spaces allowed shall be ten percent (10%) more than the estimated parking demand as indicated in Table 9-4.404.

Parking Spaces Below the Estimated Demand. Projects that require discretionary planning permits and that provide fewer off-street parking spaces than the estimated parking demand, as calculated in accordance with this section, may be conditional, as appropriate, to require that adequate measures be put in place to reduce parking demand such as promoting use of public transit, bicycling and walking, and allowing modified working hours and telecommuting.

Parking Spaces Above the Maximum. Parking spaces more than the maximum allowed by subsection (f) of this section may be provided upon the granting of a conditional use permit. To grant such a conditional use permit, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:

Description. Shared parking represents an arrangement in which two (2) or more uses on the same lot with different peak parking demand periods use the same off-street parking spaces.

Calculation of Parking Demand for Shared Parking. The estimated parking demand for each use shall be calculated for each hour of a twenty-four (24) hour period, based on the percent of peak demand for each hour. The hourly demand for all uses shall be totaled for each hour, and the greatest resulting hourly demand shall be the necessary number of parking spaces. This required number may be modified pursuant to Sections 9-4.404, Calculation of Estimated Parking Demand, and 9-3.406, TH Transit Hub Overlay Zone. The hourly demand for each use shall be based on the most recent edition of Parking Generation published by the Institute of Transportation Engineers or other equivalent information. See Table 9-4.405 for an example.

Parking Layout and Dimensions. The layout and dimensions of off-street parking facilities shall be as set forth in Figure 9-4.406 and Table 9-4.406, as further provided below.

Location of Parking Areas. Except as otherwise allowed by Section 9-4.407, parking spaces must be located on the same lot as the use to be served by the parking. Additionally, parking areas shall be located in accordance with the following standards:

Driveways and Access.

Surface. All outdoor parking spaces, driveways, and maneuvering areas shall be designed, built and permanently maintained to avoid dust, mud and standing water and to maximize permeability. These surfaces may include pervious pavements, sand-set pavers, supported turf systems and vegetation. A combination of surfaces may be used; for example, two (2) track driveways of concrete strips with pervious areas between the strips and on the edges.

Striping and Marking. In all parking facilities containing four (4) or more spaces, each parking space shall be clearly striped with paint or other similar distinguishable material, except that the Director may approve suitable alternate means of marking the spaces.

Vertical Clearance. All covered parking shall have a minimum vertical clearance of seven feet six inches (7'-6"), except for spaces in parking lifts, and except that the minimum vertical clearance for disabled parking shall be as required by the building regulations in Title 8.

Slope. The maximum slope of parking facilities shall be as set forth below unless the Director approves a greater slope based upon the advice of a civil engineer or other qualified professional.

Tandem Parking. Parking may be arranged as tandem spaces; provided, that pairs of spaces in tandem are assigned to the same residential unit or to employees of the same nonresidential establishment, or that a full-time parking attendant supervises the parking arrangements at all times when the uses served are in active operation. The provisions of Figure 9-4.406 and Table 9-4.406 pertaining to required stall width, stall length, and aisle width shall apply to tandem spaces, except that the stall length shall be doubled for each pair of tandem spaces.

Parking Lifts. Parking may be provided in parking lifts; provided, that if it is necessary to remove one (1) vehicle from the lift to access another vehicle, the parking shall be subject to the provisions of subsection (h) of this section applicable to tandem parking. Parking lifts allowing each vehicle to be independently accessed have no such restrictions. The provisions of Figure 9-4.406 and Table 9-4.406 applicable to ninety (90) degree parking shall apply to parking lifts, including the requirement for an aisle of twenty-four feet (24'). Exterior parking lifts shall be adequately screened from public view as required by Section 9-4.503(g).

Landscaping and Screening.

Lighting. Except for those serving four (4) or fewer residential units, all open parking areas shall be provided with exterior lighting meeting the following minimums:

Electric Vehicle Charging. Electric vehicle (EV) charging stations and EV-capable parking spaces shall be provided for all new construction as required by this section. All such spaces shall be included in the calculation of parking demands pursuant to Section 9-4.404. If no parking is provided, other than accessible parking as required by Section 9-4.403(c), then EV charging stations and EV-capable parking spaces are not required, except as may be required for persons with disabilities by the building regulations in Title 8.

Alternative Parking Plan. An alternative parking plan, as provided by this section, may be permitted upon the granting of a conditional use permit. To grant such a conditional use permit, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:

Off-Site Parking. The alternative parking plan may allow off-street parking spaces to be located on a remote and separate lot from the lot on which the principal use is located, subject to the following standards:

Valet Parking. The alternative parking plan may allow valet parking as a means of satisfying all or a portion of the off-street parking proposal. Valet parking may be used to accommodate more parking spaces on the site of the principal use served by the parking than could be accommodated in conformance with the design standards of Section 9-4.406. It may also be used to provide off-site parking, subject to the requirements of subsections (b)(1) and (3) of this section. Any valet parking shall not cause interference with the public use of rights-of-way or imperil public safety.

Title and Purpose. This section establishes bicycle parking requirements. The purpose of these requirements is to ensure that adequate bicycle parking is provided and is conveniently located and sufficiently secure from theft and damage. These requirements are minimums only. It is the responsibility of the developer, owner, or operator of any specific use to provide adequate bicycle parking facilities.

General Requirements. Short-term publicly accessible bicycle parking for visitors, and long-term secured bicycle parking for building occupants, shall be required when:

Standards for All Bicycle Parking.

Short-Term Bicycle Parking.

Long-Term Bicycle Parking.

Definitions. As used in this section:

Number of Spaces Required.

Size of Spaces. Size of loading spaces, as indicated in Table 9-4.409, shall be as follows:

Modifications. In approving a project, the Director, Planning Commission, or City Council, as the case may be, may modify the number and size of loading spaces required pursuant to subsection (a) of this section because of the nature of the use or the design of the project.

Maneuvering Areas. All off-street loading spaces for uses located on transit streets and connector streets, as defined in the General Plan, shall be designed and located so that there is sufficient off-street maneuvering area to accommodate vehicles using the loading spaces. Maneuvering areas shall be designed to accommodate the largest vehicle intended to use the loading spaces and shall not be encumbered by parking stalls or physical obstructions. No vehicle shall back up or maneuver within the public right-of-way of a transit street or connector street to reach an off-street loading space.

Surface and Maintenance. Loading spaces and the maneuvering areas and driveways serving them shall be paved and maintained with concrete, asphalt, or similar material of sufficient thickness and consistency to support anticipated traffic volumes and weights; properly graded for drainage; and maintained in good condition free of weeds, dust, trash, and debris.

Location. Loading spaces shall be located on the same lot on which the use for which they are required is located, except that, upon the granting of a conditional use permit, loading spaces may be provided in a common loading area serving multiple adjacent uses and located on an adjacent lot within three hundred feet (300') of the lot on which the use requiring the loading spaces is located. To grant such a conditional use permit, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:

Access to Tenant Spaces Served by Loading Spaces. Buildings served by loading spaces shall be designed such that there is a direct interior path of travel between the loading spaces and each tenant space served by the loading spaces of sufficient width and height to accommodate all material to be loaded and unloaded.

Availability and Utilization of Loading Spaces. All loading spaces provided pursuant to the requirements of this article shall be made readily available to pick-up and delivery vehicles during all hours when pick-ups and deliveries are allowed. Owners of property containing such loading spaces shall be responsible for advising drivers of pick-up and delivery vehicles of the location and hours of such loading spaces, shall require drivers to use such loading spaces, and shall not allow pick-up and delivery vehicles to be parked or loaded in the public right-of-way.

Landscaping and Screening. All loading spaces and the maneuvering areas and driveways serving them shall be landscaped and/or screened as required by Section 9-4.503(g).

Lighting. All exterior loading spaces and the maneuvering areas and driveways serving them shall be provided with lighting meeting the following minimums:

The construction or erection of any new building or structure for which a building permit is required.

Any enlargement exceeding one thousand (1,000) square feet or ten percent (10%) in area, whichever is less, of the exterior dimensions of an existing building for which a building permit is required.

Any construction of a new parking lot or expansion of an existing parking lot by more than one thousand (1,000) square feet or ten percent (10%) in area, whichever is less.

Water Use and Irrigation. All new or rehabilitated landscaping shall comply with the applicable provisions of Article 6 of this chapter, Water Use. All required landscaping shall be provided with an irrigation system, including drip irrigation if appropriate, unless provisions are made for hand watering or the Director determines that an irrigation system is not required.

Composition of Required Landscaping. All required landscaping shall include the installation and maintenance of some combination of trees, ground cover, shrubs, vines, flowers, and water features except swimming pools and spas.

Existing Trees. For projects on private property that require discretionary City approval, the Director, Planning Commission, or City Council, as the case may be, may require that existing healthy on-site trees be preserved and incorporated into the project unless this is shown to be infeasible. An arborist report, prepared at the expense of the applicant, may be required. At the applicant's option, this may be prepared either by the City's arborist, or by an arborist selected by the applicant and peer-reviewed by the City's arborist.

Required Screening Materials. Screening materials may include solid fences, walls, or hedges. When hedges of a specific height are required, the plant material shall be of a type which will provide a year-round solid visual barrier at the prescribed height.

Maintenance of Landscaping.

Separation from Parking and Maneuvering Areas. All landscaped areas shall be separated from parking and maneuvering areas.

Screening of Open Parking and Loading Areas. All open parking areas containing three (3) or more spaces and all loading areas shall be screened by a fence, wall or hedge as follows:

Landscaping of Open Parking Areas. For each open parking area containing thirty-five (35) or more spaces, one (1) large-canopy tree per four (4) parking spaces, one (1) medium-canopy tree per three (3) parking spaces, or one (1) small-canopy tree per two (2) parking spaces shall be provided. Boundary planting may not be counted towards this requirement.

Unpaved or Undeveloped Area. Unpaved or undeveloped sites shall be kept in a neat and weed-free condition and may be hydro-seeded with native plants or wildflowers.

Prohibiting the Installation of Turf in New Development.

Industrial Zones. Development projects in the industrial zones shall include landscaped areas consisting of at least five percent (5%) of the project site.

All Other Zones. Development projects in any other zone shall include landscaped areas consisting of at least ten percent (10%) of the project site. Stormwater management measures, such as flow-through planters and swales, may count toward these landscaping requirements, but not towards common open space requirements of Section 9-4.303(b)(3).

Maximum Height.

Materials. Durable materials shall be used for fences, such as wood or wrought iron. Chain-link fencing visible from the public right-of-way is not permitted unless screened by solid landscaping or the Director determines that it is appropriate for the use of the site. Barbed wire and razor wire are prohibited if visible from the public right-of-way.

Measuring Height of Fences and Walls. The heights of fences and walls shall be measured from the adjacent grade. If grade levels are different on either side of the fence or wall, the height shall be measured from the higher grade. See also Section 9-4.202(b)(2) and Figure 9-4.202(b).

All new construction shall place the following utilities along public frontages underground:

Purpose. This section establishes water efficient landscaping requirements for new and rehabilitated landscapes. The purpose of the requirements is to foster efficient water use and prevent water waste while ensuring high quality landscapes.

Applicability. This section shall apply to landscapes for public agency projects and private development projects with a landscape area equal to or greater than five hundred (500) square feet, as specified below.

Prescriptive Requirements for Smaller Landscapes. New landscaping equal to or greater than five hundred (500) square feet and less than two thousand five hundred (2,500) square feet of landscaped area shall comply with landscape requirements for smaller landscapes for planting, soil, mulch, grading, and irrigation, as specified by the Director in the document titled, "Emeryville Water Efficient Landscape Prescriptive Requirements for Smaller Landscapes." Any project with a landscape area less than two thousand five hundred (2,500) square feet that meets the landscape water requirement entirely with graywater, rainwater captured on site, or both, is subject only to the sections of the smaller landscapes requirement on "amendments and mulch" and "irrigation."

Performance Requirements for Larger Landscapes. New and rehabilitated landscapes with a landscape area equal to or greater than two thousand five hundred (2,500) square feet shall comply with landscape requirements for larger landscapes for planting, mulch, soil, grading, and irrigation, as specified by the Director in the document titled, "City of Emeryville Water Efficient Landscape Requirements Performance Requirements for Larger Landscapes."

Water Waste, Stormwater Treatment and Recycled Water. All projects subject to this section shall comply with all other requirements of the Emeryville Municipal Code, including Chapter 36 of Title 5 prohibiting irrigation water waste, Chapter 13 of Title 6 regarding stormwater treatment, and Section 9-4.603 regarding recycled water.

Exceptions. This section shall not apply to the following:

Purpose. The use of potable water for certain uses when nonpotable water is available and feasible is a waste of water. The purpose of this section is to implement State policies requiring the use of recycled water for nonpotable water uses within the designated recycled water use area when the City determines that there is not an alternative higher or better use for the recycled water, its use is economically justified and its use is financially and technically feasible for a project.

Use and Distribution of Recycled Water. The use and distribution of recycled water shall be in accordance with applicable Federal, State and local laws and regulations.

Requirement for Subdivisions in Recycled Water Area. Projects involving subdivision of land for which a tentative map or parcel map is required pursuant to California Government Code Section 66426 and Chapter 6 of this title and which are within the recycled water project area shall be conditioned to provide a plumbing system to serve nonpotable uses in the common areas of the subdivision, including but not limited to golf courses, parks, greenbelts, landscaped streets and landscaped medians, if recycled water is available to the project site at a reasonable cost, is of adequate quality, will not be detrimental to public health, and will not adversely affect downstream water rights, degrade water quality or injure plants, fish and wildlife. The Director shall review all subdivision projects that are within the recycled water project area, confer with the recycled water provider, and determine requirements for recycled water plumbing. These requirements shall become conditions of approval.

Requirement for Nonsubdivision Projects and Projects Outside Recycled Water Area. All projects within the recycled water project area that require Planning Commission or City Council approval, and all projects outside the recycled water project area that include one hundred thousand (100,000) square feet of nonresidential space and require Planning Commission or City Council approval, shall be conditioned to require submittal of a letter from the recycled water provider stating requirements for recycled water plumbing, prior to issuance of building permit. In addition, if the project applicant is not complying with the requirements of the recycled water provider, the applicant shall provide a written explanation of its actions.

Agreement between Recycled Water Producer and Water Supplier. As set forth in California Water Code Section 65605(b)(5), recycled water service shall not commence in any service area of a private utility or public agency retail water supplier that is not a local agency, except in accordance with a written agreement between the recycled water producer and the private utility or public agency retail water supplier.

Purpose. The purpose of this section is to set forth standards for systems that reuse water on site. Such systems help to conserve valuable water resources and are encouraged; provided, that adequate safeguards are included to protect health.

Rainwater Capture Systems. Systems that capture and store precipitation from roof areas and other aboveground impervious surfaces for landscape irrigation and/or indoor water use must comply with all applicable codes and regulations. Systems using rain barrels of up to one hundred (100) gallons and no pumps do not require a permit. Systems using cisterns of over one hundred (100) gallons and/or pumps require plumbing and/or electrical permits pursuant to the Emeryville Plumbing Code at Chapter 6 of Title 8 and/or the Emeryville Electrical Code at Chapter 7 of Title 8. Because the Emeryville Plumbing Code has no approved standards for rainwater capture systems, an alternative methods and materials request must accompany the permit application. Landscape projects that are less than two thousand five hundred (2,500) square feet in area, and meet the estimated total water use entirely with graywater, rainwater capture, or both, are subject only to the prescriptive irrigation portion and the amendments and mulch portion of the requirements referenced in Section 9-4.602, Water Efficient and Bay Friendly Landscaping.

Graywater Systems. Systems that reuse domestic wastewater from plumbing fixtures such as showers, dishwashers, and clothes washers for toilet flushing and irrigation must comply with the requirements for graywater systems of the Emeryville Plumbing Code in Chapter 6 of Title 8. Landscape projects that are less than two thousand five hundred (2,500) square feet in area, and meet the estimated total water use entirely with graywater, rainwater capture, or both, are subject only to the prescriptive irrigation portion and the amendments and mulch portion of the requirements referenced in Section 9-4.602, Water Efficient and Bay Friendly Landscaping.

Blackwater. Wastewater containing food, animal, or human waste, including but not limited to that from toilets and garbage disposals, shall not be reused on site but shall be discharged directly into the sanitary sewer system.

Minimum Lot Area. No minimum lot area is prescribed except in the RM Medium Density Residential zone, in which the minimum lot area shall be two thousand five hundred (2,500) square feet.

Lot Width.

RM Zone. In the RM Medium Density Residential zone, each dwelling unit, except an accessory dwelling unit or a junior accessory dwelling unit, shall have a minimum floor area of not less than five hundred (500) square feet.

Other Zones. In all other zones, no minimum dwelling unit area is prescribed. All dwelling units shall comply with applicable building code requirements in Title 8.

Nonresidential Uses. Unless the Director determines that this is infeasible due to site constraints or other compelling factors, the main pedestrian entrance to a nonresidential building shall be located on the public sidewalk; any entrances from parking areas shall be incidental or for emergency use only. The main pedestrian entrance shall be kept open to the public during all hours when the building is open for public access.

Residential Uses (Ground-Floor Entrances). The front doors of exterior ground floor residential dwelling units and live/work units which are adjacent to the public right-of-way shall be oriented to the public sidewalk. Where units can only be accessed from the interior of a site, a pedestrian walkway shall connect to a public sidewalk. Entrances facing a public right-of-way shall be emphasized with a projection, such as a porch or stoop, or recessed, with a minimum depth of five feet (5') and a minimum width of six feet (6'). Such a porch or stoop that complies with the requirements of Section 9-4.303 may apply towards private open space requirements.

Applicability. All projects must include a discards collection plan for trash, recycling, and compost, as described in the "GUIDE to Requirements for a Discards Collection Plan for New and Remodeled Projects."

Standards. Adequate dedicated storage and collection space shall be provided for trash, recyclables and compostables, subject to the following standards:

Applicability. The provisions of this section shall apply to all new and replacement outdoor lighting devices, not including signs.

Exemptions. The following types of light fixtures shall be exempt from the provisions of this section:

General Regulations.

Parking Lot Illumination. Except for those serving four (4) or fewer residential units, all open parking areas shall be provided with exterior lighting as required by Section 9-4.406(k).

Prohibitions. Outdoor lighting fixtures shall not include flickering or flashing lights, spotlights, searchlights, lasers, beams, floodlights, or mercury vapor lights.

Applicability. Residential projects shall be subject to the requirements of this section.

Window Recess and Trim. All residential windows visible from the public right-of-way must be:

Divided Lites. Simulated divided-lite grilles are acceptable only if they are located on the outside of the window glass and have a depth of at least one-quarter inch (1/4").

Noise Reduction. All windows shall be double-pane to mitigate noise impacts.

Sidewalk Dimension. Sidewalks, curbs, and gutters shall be provided pursuant to Sections 7-3.05 and 7-3.07. Sidewalks shall be designed with the following zones and dimensions:

Street Lights. Street lights shall be provided per the City of Emeryville Standard Street Furniture Catalog.

Street Trees and Tree Wells. Street trees shall be provided consistent with the Emeryville Tree Planting Opportunity Inventory and Planting Guide and the Urban Forestry Ordinance (Chapter 10 of Title 7).

Street Furniture. Any street furniture provided shall be consistent with the Standard Street Furniture Catalog.

Bus Stops. Where existing or proposed bus stops are located along the project frontage, the applicant shall provide a bus shelter, bench, lighting, and trash receptacle per the City of Emeryville Standard Street Furniture Catalog.

Transportation Improvements. Residential projects larger than ten (10) units or non-residential developments larger than ten thousand (10,000) square feet shall be required to prepare a non-CEQA transportation study which shall include motor vehicle access, parking, and loading; bicycle circulation, access, parking, and loading; pedestrian circulation and access; and shall implement all recommendations of the study. Such recommendations may include, but are not limited to, new transit stops, bicycle corrals, signage, crosswalks, intersection improvements, pedestrian and bicycle signals, and benches.

New Construction. New buildings, additions, and renovations involving new glass or other rigid transparent material.

Window Replacement. Any replacement window, glass door, or other rigid transparent material.

Glass Structures. Any new or replacement structure that has transparent glass or rigid transparent walls, including but not limited to freestanding glass walls, wind barriers, skywalks, balconies, greenhouses, gazebos, pavilions, passageways, and rooftop appurtenances.

The bird-safe glazing requirement must be met on any window or contiguous glazed segment (area within mullions and/or frames) with an area of twelve (12) square feet or more.

External screens installed permanently over glass such that the glass does not appear reflective.

Translucent or opaque glass, or transparent or opaque film applied to glass.

Glass covered with patterns such as dots, stripes, images, art, or abstract patterns. Such patterns may be etched, fritted, stenciled, silk-screened, or applied to the glass as films or decals, or another method of permanently incorporating the patterns into or onto the glass. Elements of the patterns must be either at least one-eighth inch (1/8") tall and separated by no more than two inches (2") vertically, or at least one-quarter inch (1/4") wide and separated by no more than four inches (4") horizontally, or both (the two (2) by four (4) rule).

Weatherproof grates, netting or cords mounted outside of the glass, near but not touching the glass, meeting the two (2) by four (4) rule.

Grooved glass block.

Other glazing treatments providing an equivalent level of bird safety and approved by the Planning Director.

Layering and recessing of glazed surfaces.

Angled or faceted glazing that minimizes reflectivity and transparency.

Louvres or grates not meeting the two (2) by four (4) rule.

Overhangs or awnings.

Clear (nongrooved) glass block.

Grilles that allow birds to perceive the grilles, together with the glass behind them, as solid.

Glass embedded with photovoltaic cells.

Placement of landscaping in such a way as to minimize bird collisions, including but not limited to placing outdoor plants directly against windows.

Nonresidential spaces shall have automatic light shutoff systems using timers, photo sensors, motion sensors, or a combination of sensors.

Shades, blinds, curtains, or other window coverings for all windows shall be included as part of the construction project for which the building permit is issued.

No mirrors shall be placed in or near planted areas or water features, or in locations where they would reflect trees, plants, or water.

Vent grates shall meet the two (2) by four (4) rule as described in Section 9-4.803(c).