On the Public Right-of-Way. Mobile Food Vendors to be located on the public right-of-way are not subject to these planning regulations, but are regulated pursuant to Chapter 27 of Title 5 and Chapter 3 of Title 6.

On Private Property. Mobile Food Vendors to be located on private property or elsewhere not on the public right-of-way are subject to these planning regulations, and are eligible only for temporary use permits pursuant to Article 6 of Chapter 7.

Defined. A Residential Care Facility for the Elderly is a Residential Care Facility, as defined in Section 9-2.215, that serves persons sixty (60) years of age and older.

Building Intensity Bonus. A Residential Care Facility for the Elderly shall receive a bonus of one percent (1%) of building intensity (floor area ratio or FAR) for each one percent (1%) of beds provided to persons eligible for Supplemental Security Income (SSI) as defined by the U.S. Social Security Administration, up to a maximum of twenty-five percent (25%). This bonus is in addition to any bonuses available pursuant to Section 9-4.204.

Guarantee Required. To be eligible for the bonus provided in subsection (b) of this section, the owner of the Residential Care Facility for the Elderly shall enter into an agreement with the City, in a form acceptable to the City Attorney, to guarantee the availability of such beds for persons eligible for SSI for a minimum of fifty-five (55) years.

Outdoor Sales. Screening for any outdoor sales shall be provided in conformance with the requirements of Article 5 of Chapter 4.

Tobacco Shops. Pursuant to Section 5-29.10, Tobacco Shops are prohibited from being located within one thousand feet (1,000') of public or private schools and parks, greenways and playgrounds.

Within two hundred feet (200') of any area zoned for residential use;

Within five hundred feet (500') of any other adult entertainment business;

Within one thousand feet (1,000') of any public park, religious institution or elementary or secondary school.

The distance between any two (2) adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment business and any residential district, religious institution, school, or public park shall be measured in a straight line, without regard to intervening structures, from the closest property line of the residential zone, religious institution, school, or public park to the closest exterior structural wall of such adult entertainment business.

That the proposed adult entertainment business meets all of the location requirements of Section 9-5.305.

That the proposed adult entertainment business will not be open between 2:00 a.m. and 6:00 a.m. daily.

That the proposed adult entertainment business will not use electronic amplification between midnight and 6:00 a.m. daily.

That the proposed adult entertainment business will be adequately soundproofed or insulated for noise and operated so that incidental noise shall not be audible beyond the premises.

That the proposed adult entertainment business will comply with all applicable performance standards in Article 11 of this chapter.

For the purpose of this article "adult entertainment businesses" includes all Adult Oriented Businesses as defined in Section 9-2.303, and more specifically refers to the following establishments:

For the purposes of this article, "specified sexual activities" shall include the following:

For the purposes of this article, "specified anatomical areas" shall include less than completely and opaquely covered: human genitals or pubic region; buttock; or female breast below a point immediately above the top of the areola.

For the purposes of this article, certain terms and words are defined as follows:

Developers of new ownership residential projects (both new construction and conversion of nonresidential space to a residential use) of ten (10) or more dwelling units or lots, including but not limited to, single-family dwellings, or condominium developments, either partially or completely in Emeryville, shall be conditioned to provide a designated percentage of the dwelling units in the project as units affordable to moderate income households for a minimum period of forty-five (45) years from date of availability as more fully described below, unless the developer, in agreement with the City Council, elects to commit to a fixed percentage of the affordable units as being affordable to median income households in return for a reduction of the affordability percentage.

Any development permit for new ownership residential projects (both new construction and conversion) of ten (10) or more dwelling units or parcels that provide affordable units pursuant to subsection (a) of this section shall have conditions attached which will assure compliance with the provisions of this article. The conditions shall require a written agreement to indicate the number, type, location, approximate size, and construction scheduling of all dwelling units, the appropriate price levels, provision for income certification and screening of potential occupants of affordable units, a resale control mechanism, a density bonus, if applicable, and such reasonable information as shall be required by the City for the purpose of determining the applicant's compliance with this article.

All affordable units in a project and phases of a project should be constructed concurrently with or prior to the construction of non-affordable units, unless the City determines that extenuating circumstances exist.

All affordable units shall be occupied by moderate or median income households as certified by the City or its operating agent.

Unless the City finds compelling reasons to the contrary, the affordable units shall be dispersed throughout the development, the mix and type of affordable units shall be proportionate to those of the project as a whole, and the affordable units shall be comparable with the design of the base level market rate units prior to purchaser-funded upgrades in terms of appearance, materials, and quality of finishes. Parking designated for the affordable units shall be provided in an equitable manner as that provided for the market rate units. The written agreement referred to in subsection (b) of this section shall include a breakdown of the types of units provided as affordable, which shall be directly proportionate to the types of units in the project as a whole under the provisions of this subsection (e) of this section.

The applicant shall have the option, with the approval of the City, to transfer credit for affordable units constructed at one (1) location within the City to satisfy the requirements of this article. The affordability requirement may be satisfied with construction of dwelling units up to twelve (12) months prior to the approval of the project.

Upon a finding by the City that the construction of the required affordable units is not feasible or appropriate as part of a larger development project, the applicant shall have the option to construct the affordable units on a site or sites not contiguous with the development, but within the Emeryville City limits.

The applicant shall have the option, with the concurrence of the City, in a home ownership project, of constructing rental affordable units in a number sufficient to meet the requirements of this article if the provision of the affordable units is consistent with Section 9-5.407.

Where the applicant elects to initially rent all of the units in an ownership residential project, the applicant shall have the option of providing rental affordable units if the provision of the units is consistent with Section 9-5.407.

Where units at a separate location are used to meet the affordability requirements under subsections (f), (g), and (h) of this section, the affordability percentage shall be applied to the number of units at the two (2) or more locations combined.

Where the applicant is willing to commit to making a portion of the affordable units affordable to median income households for forty-five (45) years:

Prior to City approval of a lesser percentage of affordable units in return for targeting to median income under subsections (a) and (k) of this section, the City must find that the request provides at least an equivalent contribution toward City goals.

Notwithstanding the other provisions of this section, the owner of any rental residential project or the owner of any ownership residential project that is initially rented, whether constructed prior to or after the original adoption of Article 7 of Chapter 6 of this title, and that contains ten (10) or more dwelling units on lots, shall be required to notify the City at least one hundred twenty (120) days prior to a proposed change to the tenure of the residential project from rental units to for-sale, ownership units, as well as at least one hundred twenty (120) days prior to any proposed transfer or assignment of project, such that the requirements of this chapter that are effective as of the date of said notification to the City will be imposed on the ownership residential project through execution of a written agreement as referred to in Section 9-5.402(b) and any other agreements as required by the City (such as an assignment and assumption agreement).

In new ownership residential projects, twenty percent (20%) of the dwelling units shall be affordable to moderate income households as provided above. The housing unit sales prices corresponding to these income ranges shall be established by the City or its designee. In ownership residential projects located partially in Emeryville, twenty percent (20%) of the units in Emeryville shall be affordable units or ten percent (10%) of all of the units in the project shall be affordable units with all of the affordable units located in Emeryville, whichever is greater. In applying these percentages, any decimal fraction less than or equal to one-half (0.50) may be disregarded and any decimal fraction greater than one-half (0.50) shall be construed as requiring one dwelling unit.

The developer shall offer to sell the affordable units required by this article to eligible purchasers for a period of not less than one hundred twenty (120) days from the date of the City's issuance of the certificate of occupancy for each particular affordable unit, with the sale being completed within ninety (90) days thereafter. At the end of the one hundred twenty (120) day marketing period, the City, in its sole discretion, may require the developer to extend its sales efforts for an additional sixty (60) day period. The developer shall actively market the units during this period and implement any suggestions provided by the City. Furthermore, if negotiating the agreement with the developer, the City may require that the marketing periods be extended depending on the number of units to be constructed and marketed at that same time.

If the developer is unable to sell some or all of the affordable units at the end of the marketing period described in subsection (b) of this section, the City shall be offered the opportunity to sell the units for a period of no less than sixty (60) days, with sales being completed within ninety (90) days thereafter. During this period, the City or its designee may purchase the units.

If the developer, City, or the City's operating agent are unable to sell some or all of the affordable units at the end of the marketing periods described in subsections (b) and (c) of this section, and the City or its designee does not purchase the units, then the developer may sell the affordable units at an unrestricted price to a bona fide purchaser for value and pay the City an amount equal to the difference between the sales price and the affordable cost established by the City. After payment of the required amount to the City, all sale and resale restrictions shall be removed from the affordable unit.

The developer shall advertise the initial availability of all affordable units in a project to the Emeryville general public through a marketing program approved by the City. The developer shall seek qualified purchasers through a process involving community outreach and broad marketing efforts, informational workshops, an application, a lottery, and application review and processing. The City or its operating agent shall review the assets and income of prospective purchasers of the ownership affordable units on a project-by-project basis and shall make the final decision about income eligibility. Unless otherwise prohibited by law, preference will be given first to residents of Emeryville and second to people employed in Emeryville, or to other preferences as adopted by the City for a particular ownership residential project subject to this article. As part of its review of the eligibility of prospective purchasers, the City or its operating agent shall advise all prospective purchasers of the resale restrictions applicable to ownership affordable units as specified in this article and shall require all purchasers to participate in City-approved homebuyer education prior to the close on escrow of the purchaser's affordable unit.

The City shall enter into recorded agreements with developers, and take other appropriate steps necessary to assure that the required moderate and median income ownership units are provided and that the units remain affordable to moderate or median income households for a period of at least forty-five (45) years from the recordation of the purchase agreement.

In establishing moderate, median, low or very low household income, the City or its designee shall consider, among other things, the median household income data provided periodically by the California Department of Housing and Community Development, household size and number of dependents, and all sources of household income and assets.

Every purchaser of an affordable unit shall certify by a form acceptable to the City that the dwelling unit is being purchased for the purchaser's primary place of residence. The City or its operating agent shall verify this certification. Failure, by the purchaser, to maintain eligibility for homeowners' property tax exemption shall be construed to mean that the affordable unit is not the primary place of residence of the purchaser. Should the purchaser fail to make the unit his/her principal place of residence within six (6) months following notice by the City of the failure to comply with this provision, such failure shall authorize the City to send a subsequent notice that it treats the failure as a sale which triggers a preemptive option for the City to purchase such unit consistent with the procedures set out in Section 9-5.405(b); provided, that no sale is deemed to occur, no option periods are triggered, and no rights of the City are extinguished if it does not send the second written notice deeming the failure of the owner to comply as a sale.

The policies governing the selection of home buyers for certification by the City or its operating agent under the provisions of this article shall be established by the City. These shall include, but not be limited to, maximum income and asset limits, order of preference, and policy on first-time home buyers. The most recently established criteria shall be used by the City or its operating agent in selecting home buyers and in structuring any lottery.

In order to maintain the availability of the affordable units as may be constructed pursuant to the requirements of this article, the City shall impose the following resale conditions for a minimum period of forty-five (45) years from the recordation of each grant deed, which forty-five (45) year period shall start over with each resale. The price received by the seller of an affordable unit shall be limited to the lesser of a bona fide offer to purchase or the price affordable to a moderate income household. If the affordable unit has been established for a median income household through an agreement with the developer as provided in Section 9-5.402(k), then the price of the unit shall be the lesser of the bona fide offer to purchase or the price affordable to a median income household, as applicable.

Home ownership affordable units shall be sold and resold from the date of the original sale only to moderate and median income households as determined to be eligible for affordable units by the City or its operating agent according to the requirements of this article. When an owner of an affordable unit desires to sell the unit, the owner shall notify the City. The owner shall market the unit to eligible purchasers for a period of not less than ninety (90) days from the date of notification to the City of the desire to sell and of initiation of marketing (unit is available for viewing and designated contact person available to respond to inquiries), with the sale being completed within ninety (90) days thereafter. If the owner is unable to sell the unit to an eligible purchaser, then the City shall be offered the opportunity to sell the unit for a period of no less than sixty (60) days, with sale being completed within ninety (90) days thereafter. During this period, the City or its designee may purchase the units. The seller shall not levy or charge any additional fees nor shall any finder's fee or other monetary consideration be allowed other than customary real estate commissions and closing costs.

If the owner, City, or the City's operating agent are unable to sell the unit at the end of the marketing periods described in subsection (b) of this section, and the City or its designee does not purchase the units, then the owner may sell the affordable unit at an unrestricted price to a bona fide purchaser for value and pay the City an amount equal to the difference between the sales price and the affordable cost established by the City. After payment of the required amount to the City, all sale and resale restrictions shall be removed from the affordable unit.

The owners of any affordable unit shall attach and legally reference in the grant deed conveying title of any such affordable ownership unit a declaration of restriction provided by the City or its operating agent stating the restrictions imposed pursuant to this article. The grant deed shall afford the grantor and the City the right to enforce the attached declaration of restrictions. The declaration of restrictions shall include all applicable resale controls, occupancy restrictions, and prohibitions as required by this article. Should the City provide subsidies or financing for any affordable unit, including down payment assistance loans, it will require the filing of a deferred payment subordinate deed of trust in favor of the City, having such terms as the City shall from time to time require, and that subordinate deed of trust shall incorporate and make further enforceable the declaration of restrictions referred to in this subsection.

The City or its operating agent shall be given the responsibility of monitoring the resale of ownership affordable units. Any violation of the resale provisions shall be referred to the City for appropriate action.

Rental residential projects shall pay affordable housing impact fees as prescribed by this section to mitigate the project's impact on the need for affordable housing in the City, unless the applicant elects to provide on-site rental affordable units consistent with Section 9-5.407, or is granted a development bonus for the provision of on-site affordable housing pursuant to Section 9-4.204 or a density bonus for the provision of on-site affordable housing pursuant to Article 5 of this chapter.

Affordable housing impact fees for rental residential projects shall be established by resolution of the City Council and may be amended from time to time as required. Such fees shall not exceed the cost of mitigating the impact of market rate residential projects on the need for affordable housing in the City.

Except as provided in Section 9-5.1906, the affordable housing impact fee shall be paid upon issuance of a building permit for each dwelling unit in the rental residential project. The amount of any affordable housing impact fee payable under this section shall be based upon the fee schedule in effect at the time of issuance of the building permit for the dwelling unit to which the fee relates.

Affordable housing impact fees established pursuant to this section shall be subject to the applicable provisions of Article 19 of this chapter.

As an alternative to paying the affordable housing impact fees as required by Section 9-5.406, or where an applicant elects to initially rent all of the units in an ownership residential project, an applicant may propose to provide twelve percent (12%) of the dwelling units in the residential project as affordable rental units, of which eight percent (8%) shall be affordable to low income households and four percent (4%) shall be affordable to very low income households. In calculating the number of required rental affordable units, any decimal fraction less than or equal to one-half (0.50) may be disregarded and any decimal fraction greater than one-half (0.50) shall be construed as requiring one dwelling unit.

To ensure compliance with the Costa-Hawkins Act (Chapter 2.7 of Title 5 of Part 4 of Division 3 of the Civil Code), the City may only approve a proposal to provide rental affordable units if the applicant agrees in a recorded agreement with the City to limit rents in consideration for a direct financial contribution or a form of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code.

Any development permit for a new residential project (both new construction and conversion) that provides rental affordable units pursuant to subsection (a) of this section shall have conditions attached which will assure compliance with the provisions of this article. The conditions shall require an agreement to be recorded prior to occupancy that indicates the number, type, location, approximate size, and construction scheduling of all dwelling units, the appropriate rent levels, provision for income certification and screening of potential occupants of affordable units, a density bonus, if applicable, compliance with the Costa-Hawkins Act, and such reasonable information as shall be required by the City for the purpose of determining the applicant's compliance with this article. The agreement shall require that the rental affordable units be rented to low income households for a period of at least fifty-five (55) years from the date of recordation of the agreement, unless all of the units in the residential project are offered to the public for purchase. In that event, the applicant shall provide twenty percent (20%) of the dwelling units as ownership affordable units complying with Sections 9-5.402 through 9-5.405. The recorded agreement shall provide relocation benefits for tenants of the rental affordable units in the event of sale.

All rental affordable units in a project and phases of a project should be constructed concurrently with or prior to the construction of nonaffordable units, unless the City determines that extenuating circumstances exist.

All rental affordable units shall be occupied by moderate, low, or very low income households.

Unless the City finds compelling reasons to the contrary, the rental affordable units shall be dispersed throughout the development, the mix and type of rental affordable units shall be proportionate to those of the project as a whole, and shall be comparable with the design of the base level market rate units prior to purchaser-funded upgrades in terms of appearance, materials, and quality of finishes. Parking designated for the rental affordable units shall be provided in an equitable manner as that provided for the market rate units. The written agreement referred to in Section 9-5.407(c) shall include a breakdown of the rental affordable units, which shall be directly proportionate to the types of units in the project as a whole under the provisions of this subsection (c).

The developer shall market the rental affordable units as required by this article to eligible renters throughout the duration of the written agreement referred to in Section 9-5.407(c). No less than one hundred twenty (120) days prior to the initial lease up of the affordable units, the developer shall provide the City, for its review and approval, a marketing program for the affordable units, which program shall be in conformance with the City's affordable unit marketing program procedures promulgated by the City, as may be amended from time to time. During the initial lease up of the affordable units, the developer shall market the affordable units commencing upon approval of the marketing program by the City for a period of time no less than one hundred twenty (120) days after the date of the City's issuance of the certificate of occupancy for the project. At the end of the one hundred twenty (120) day marketing period, the City, in its sole discretion, may require the developer to extend its marketing efforts for an additional sixty (60) day period increment. The developer shall actively market the units during this period and implement any suggestions provided by the City. Furthermore, in negotiating the written agreement with the developer, the City may require that the marketing periods be extended depending on the number of units to be constructed and marketed at that same time. On an annual basis, in coordination with its obligations to income certify occupants of affordable units, the developer shall review and revise, as necessary and as approved by the City, its marketing program in order to maintain conformance with the City's procedures or otherwise respond to market conditions.

The developer shall advertise the initial availability of affordable units to the Emeryville general public through a marketing program approved by the City. Upon notification of the availability of rental dwelling units by the developer, the developer shall seek qualified renters through a process involving community outreach and broad marketing efforts, informational workshops, an application submittal, a lottery, and application review and processing.

Unless otherwise prohibited by law, preference will be given first to residents of Emeryville and second to people employed in Emeryville, or to other preferences as adopted by the City for a particular rental residential project subject to this article.

The City or its operating agent shall monitor the affordable rental units. The developer or owner shall retain final discretion in the selection of the eligible households; provided, that the same rental terms and conditions (except rent levels and income) are applied to tenants of affordable units as are applied to all other tenants, except as required to comply with government subsidy programs.

Nonresidential projects shall pay affordable housing impact fees to mitigate the project's impact on the need for affordable housing in the City.

Affordable housing impact fees for nonresidential projects shall be established by resolution of the City Council and may be amended from time to time as required. Such fees shall not exceed the cost of mitigating the impact of nonresidential projects on the need for affordable housing in the City. The City Council may from time to time adopt housing impact fees for different categories of nonresidential projects, specify the specific uses within each nonresidential land use category, and establish a list of nonresidential uses exempt from the payment of affordable housing impact fees.

Except as provided in Section 9-5.1906, the affordable housing impact fee shall be paid upon issuance of a building permit for any nonresidential project for which the fee is due. The amount of any affordable housing impact fee payable under this section shall be based upon the fee schedule in effect at the time of issuance of the building permit for the nonresidential project to which the fee relates.

As an alternative to payment of the affordable housing impact fee set forth in this section, an applicant for a nonresidential project may submit a request to mitigate the affordable housing impacts of such development through the construction of affordable units, either on site or off site, through the dedication of land, or through other means. The City Council may approve or conditionally approve such an alternative if the City Council determines, based on substantial evidence, that such alternative compliance will provide as much or more affordable housing at the same or lower income levels as will payment of the affordable housing impact fee, is consistent with the General Plan and Housing Element, and will otherwise provide as great a public benefit as would payment of the affordable housing impact fee. Any affordable units constructed on site or off site shall comply with the provisions contained in Sections 9-5.402 through 9-5.408, as applicable.

Affordable housing impact fees established pursuant to this section shall be subject to the applicable provisions of Article 19 of this chapter.

There is established in the City an affordable housing fund for the purpose of receiving and disbursing certain monies to address the housing needs of extremely low, very low, low, median and moderate income households. Separate accounts within such housing fund may be created from time to time to avoid commingling if required by law or as deemed appropriate to further the purposes of the housing fund.

All affordable housing impact fees shall be deposited into the affordable housing fund.

The fees collected under this article and all earnings from investment of the fees shall be expended exclusively to provide or assure continued provision of affordable housing in the City to meet the housing needs of the City's workforce through acquisition, construction, development assistance, substantial rehabilitation, financing, rent or other subsidies, or other methods, and for costs of administering programs which serve those ends. The housing shall be of a type, or made affordable at a cost or rent, for which there is a need in the City and which is not adequately supplied in the City by private housing development in the absence of public assistance and to the extent feasible shall be utilized to provide for moderate, median, low, very low, and extremely low income housing.

With City approval, the applicant may reduce the interior amenity level of the affordable units below that of the market-rate units, provided such dwelling units conform to the requirements of applicable building and housing codes; and

With City approval, the applicant may reduce the square footage of the affordable units below that of the market-rate units, provided all dwelling units conform to the requirements of applicable building and housing codes.

The provisions of this article shall apply to all agents, successors, and assignees of an applicant for development of the site. No building permit or occupancy permit shall be issued, nor any development approval granted, which does not meet the requirements of this article.

In addition to, or in lieu of, the provisions of subsection (a) of this section, the City shall institute injunction, mandamus, or any other appropriate legal actions or proceedings for the enforcement of this article.

Any person, firm, or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this article shall be subject to administrative citation, as set forth in Chapter 7 of Title 1.

As part of an application for the first approval of a residential project or nonresidential project, an applicant may apply for a reduction, adjustment, or waiver of the requirements of this article based upon a showing that applying the requirements of this article would result in an unconstitutional taking of property or would result in any other unconstitutional result. The applicant shall set forth in detail the factual and legal basis for the claim, including all supporting technical documentation, and shall bear the burden of presenting the requisite evidence to demonstrate the alleged unconstitutional result. The City may assume each of the following when applicable:

The City Council, based upon legal advice provided by or at the behest of the City Attorney, may approve a reduction, adjustment, or waiver if the approval authority determines that applying the requirements of this article would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property. The reduction, adjustment, or waiver shall be approved only to the extent necessary to avoid an unconstitutional result, after adoption of written findings, and based on legal analysis and the evidence. If a reduction, adjustment, or waiver is granted, any change in the residential or nonresidential project shall invalidate the reduction, adjustment, or waiver, and a new application shall be required for a reduction, adjustment, or waiver pursuant to this section.

New residential development projects of five (5) or more dwelling units, regardless of the type of dwelling units proposed. Applicant shall demonstrate that at least five (5) residential units can be developed on the project site in compliance with all zoning and development regulations.

Where permitted or conditionally permitted by the underlying zoning designation of a site, mixed use developments that include at least five (5) dwelling units.

Rehabilitation of one (1) or more multiple unit residential structures containing at least five (5) units that results in a net increase in the available residential units.

Development that will change the use of an existing building from nonresidential to residential and that will provide at least five (5) residential units.

Development that includes the conversion of at least five (5) residential units to ownership housing.

The City shall grant one (1) density bonus as described in Section 9-5.505, and incentives or concessions as described in Section 9-5.506, when an applicant for a residential development project agrees to construct at least any one (1) of the following:

In addition, the following projects are eligible for a density bonus as provided in Section 9-5.505:

Application for density bonus shall be made concurrent with submittals required for the processing of associated discretionary permits. The request for density bonus shall be articulated as part of the description and justification for the development project. The request for the density bonus shall specify the percentage of density bonus sought, per Section 9-5.503, and indicate how the affordable housing obligations will be met.

The review process for a density bonus project shall be the same as that required for associated discretionary permits. Discretionary actions on density bonus projects shall be subject to the same appeal process applied to associated discretionary permits.

The application and approval of a density bonus and any associated incentives or concessions shall not require a separate permit or approval process from that otherwise required for the same project without a density bonus request.

Low Income Households. For residential development projects providing at least ten percent (10%) of the total dwelling units for low income households the density bonus shall be calculated as follows:

Very Low Income Households. For residential development projects providing at least five percent (5%) of the total dwelling units for very low income households the density bonus shall be calculated as follows:

Senior Citizen Housing. For a senior citizen housing development or a mobile home park that limits residency based on age requirements for housing older persons pursuant to California Civil Code Section 798.76 or 799.5, the density bonus shall be twenty percent (20%) of the number of senior housing units.

Moderate Income Common Interest Development. For a residential development that provides at least ten percent (10%) of the total dwelling units in a common interest development as defined in California Civil Code Section 1351, for persons and families of moderate income; provided, that all units in the development are offered to the public for purchase, the density bonus shall be calculated as follows:

Donation of Land.

Child Care Facility.

Condominium Conversion Developments.

An applicant for a density bonus provided by this article may request specific incentives or concessions and may request a meeting with the City.

An applicant may submit to the City a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the City. Nothing in this section shall be interpreted to require the City to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in California Government Code Section 65589.5, subdivision (d), paragraph (2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this section shall be interpreted to require a local government to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historic Resources, or to grant any waiver or reduction that would be contrary to State or Federal law.

A proposal for the waiver or reduction of development standards pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 9-5.506.

Upon request of the developer, the following maximum parking ratio, inclusive of handicapped and guest parking, shall apply, pursuant to California Government Code Section 65915:

If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. A development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking. The applicant may also request a concession or an incentive pursuant to Section 9-5.506 to further lower the vehicle parking ratios from those described herein.

Any development permit that receives density bonus under this article shall have conditions attached which will assure compliance with the provisions of this article. The conditions shall require a written agreement to indicate the number, type, location, approximate size, and construction scheduling of all dwelling units, the appropriate price levels, provision for income certification and screening of potential purchasers and/or renters of affordable units and senior units, a resale control mechanism, if applicable, and such reasonable information as shall be required by the City for the purpose of determining the applicant's compliance with this article.

All affordable units and senior units in a project shall be constructed concurrently with or prior to the construction of any market-rate and nonsenior housing units.

Unless the City finds compelling reasons to the contrary, the affordable units or senior units shall be dispersed throughout the development and shall be proportionate to the mix and type of units in the project as a whole (with the exception that premium units such as penthouses and top floor view units shall not be required to be available as affordable or senior housing units). Furthermore, the affordable units or senior units shall be comparable with the design of the base level market-rate units prior to purchaser-funded upgrades in terms of appearance, materials, and finished quality.

The time period of availability as affordable or senior housing shall be for at least thirty (30) years. A longer period may be required for affordable housing units pursuant to Article 4 of this chapter, or as required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

The maximum allowable rents for affordable units shall be as defined in California Health and Safety Code Section 50053.

Owner-occupied units shall be available at affordable housing costs, as defined in California Health and Safety Code Section 50052.5.

For-sale affordable units may be subject to an equity sharing agreement, in the event that public subsidies are involved in the construction and/or purchase of said units.

The developer or property owner may not also seek development bonuses pursuant to Section 9-4.204.

Within two hundred feet (200') of any area zoned for residential use;

Within five hundred feet (500') of any other business engaged in sale of firearms and ammunition;

Within one thousand feet (1,000') of any public park, religious institution or elementary or secondary school.

The distance between any two (2) businesses engaged in the business of selling, leasing or otherwise transferring any firearm or ammunition shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any business engaged in the business of selling, leasing or otherwise transferring any firearm or ammunition and any residential district, religious institution, school, or public park shall be measured in a straight line, without regard to intervening structures, from the closest property line of the residential zone, religious institution, school, or public park to the closest exterior structural wall of the business engaged in the business of selling, leasing or otherwise transferring any firearm or ammunition.

That the proposed business meets all of the location requirements of Section 9-5.604.

That the proposed business will not be open between 5:00 p.m. and 9:00 a.m. daily.

That the proposed business will comply with all applicable performance standards in Article 11 of this chapter.

The requirements of this article are applicable to the siting and development of off-site hazardous waste treatment, storage, and transfer facilities. "Off-site Hazardous Waste Facilities" means those facilities which treat, store, recycle, incinerate or transfer hazardous wastes from at least two (2) producers of hazardous wastes which are not located on the same property of the Hazardous Waste Facility. Consistent with the Alameda County Hazardous Waste Management Plan, off-site Hazardous Waste Facilities only include those facility types as defined by the plan for Small-Scale Transfer and Storage Facilities including hazardous waste collection facilities, and Industrial Transfer, Storage and Treatment Facilities.

The off-site facility definition does not apply to:

Facilities for the land disposal of hazardous wastes or treatment residues are prohibited in the City of Emeryville.

All such facilities (i.e., off-site, on-site, household hazardous waste collection, and TTUs) shall obtain all necessary State licensing to install and operate.

All Hazardous Waste Facilities.

Small-Scale Hazardous Waste Transfer and Storage Facilities.

Industrial Hazardous Waste Transfer/Storage/Treatment Facilities.

A letter of justification describing the proposed Hazardous Waste Facility and explaining how it will satisfy the findings in Article 5 of Chapter 7.

A preliminary geological study of the property and surrounding area which includes as deep a soils analysis as there are known aquifers, regardless of the potability of those aquifers.

Identification of the amounts (tonnage) and types of hazardous wastes to be managed at the Hazardous Waste Facility, the sources of these wastes, the ultimate disposition of the wastes, and the anticipated life of the project. Information shall be provided on the amount, sources, and types of hazardous wastes to be treated based on an actual survey of the businesses to be served.

Identification of travel routes to be used by generators and the owner/operator of the Hazardous Waste Facility for the transportation of hazardous wastes.

A plan for public involvement with the proposed project prior to any Planning Commission public hearings. This plan will provide for adequate public testimony on the project in an effort to mitigate all public concerns prior to the Planning Commission's review and determination.

A plan that identifies an ongoing monitoring program to ensure no release of any hazardous substance from the project site into the environment. This shall include any ongoing monitoring required by other permitting agencies such as the State Department of Toxic Substances Control, the San Francisco Bay Regional Water Quality Control Board, the Bay Area Air Quality Management District, the Federal Environmental Protection Agency, etc.

A risk assessment which, at a minimum, studies the potential risks to public health, safety and the environment with attention to the proximity of the proposed site to residential uses, civil uses, environmentally sensitive areas, and groundwater.

Evidence that all other necessary permits from regional, State and Federal agencies have been applied for or received.

Pursuant to California Health and Safety Code Section 25199.7(d), the City Council shall appoint a seven (7) member Local Assessment Committee (LAC). The City Council has discretion to appoint additional members to this committee as they deem appropriate. The membership, responsibilities and duties shall be consistent with the provisions of California Health and Safety Code Section 25199.7. The LAC shall cease to exist after the final administrative action has been taken by the State and local agencies on the permit applications for the project for which the LAC was formed.

The City shall provide staff resources to assist the LAC in performing its duties as required by California Health and Safety Code Section 25199.7(d)(3).

If the LAC and the applicant cannot resolve any differences through the meetings specified by State law, the State Office of Permit Assistance may assist in this resolution pursuant to California Health and Safety Code Section 25199.4, as required by California Health and Safety Code Section 25199.7(h).

An increase in the amount of liability insurance required under State law for such facilities whether or not a Hazardous Waste Facility is required to comply with such State law.

An agreement to indemnify the City of Emeryville in the event of a spill or release of hazardous wastes or any constituents thereof into the environment.

Installation of containment structures for hazardous waste releases capable of withstanding failure due to geologic, soil or other failures.

Compliance with all applicable laws, regulations, ordinances and orders of any governmental agency. The owner/operator of the Hazardous Waste Facility shall provide the City with notice within three (3) days of any violation or noncompliance with any applicable law, regulation, ordinance or order.

Plans and procedures for notifying property owners and occupants within a five-hundred-foot (500') radius of the facility of any accidental releases of hazardous substances into the environment.

Uses of Special Concern. Any use of special concern, as listed in Section 9-2.701, shall not be a Home Occupation.

Commercial Hauling. A commercial hauling business shall not be a Home Occupation.

A Home Occupation shall not change the residential character of the dwelling unit or adversely affect other uses.

A Home Occupation shall take place within the dwelling unit or garage, or accessory building that is incidental to the principal residential use.

Outdoor storage associated with a Home Occupation is prohibited.

A Home Occupation shall not exceed forty percent (40%) of the dwelling unit's square footage and shall not exceed a maximum of four hundred (400) square feet of indoor space.

Plants and animals may be grown or kept in outdoor areas of the subject premises as part of the Home Occupation.

Displays and signage advertising the Home Occupation are prohibited.

A Home Occupation shall not have more than one (1) associated vehicle that shall not exceed twenty feet (20') in length. The associated vehicle shall not have more than four (4) square feet of signage related to the Home Occupation.

Employees must be residents of the dwelling unit in which the Home Occupation is located, with the exception of one (1) nonresident, full-time equivalent employee.

A Home Occupation shall not have more than five (5) clients on the premises at any given time, and shall not have more than ten (10) clients at the premises in any given business day.

Nonresident employees and clients shall only be at the premises between 8:00 a.m. and 9:00 p.m.

On-site sales shall be limited to those items physically produced or manufactured within the dwelling unit, garage, or accessory buildings that are part of the Home Occupation, except for plants and animals, which may be grown or kept in outdoor areas of the subject premises.

A Home Occupation that involves hazardous materials or processes shall require Fire Department approval. A Home Occupation shall not create offensive or objectionable noise, vibration, odors, smoke, fumes, heat, dust, dirt, glare or electrical disturbance perceptible by the average person beyond the lot line or party walls of multi-unit buildings of the subject premises.

A Home Occupation shall comply with all other applicable provisions of these planning regulations, including but not limited to the performance standards in Article 11 of this chapter; all other applicable provisions of the Emeryville Municipal Code; and all other applicable local, State, and Federal laws and regulations.

Eligible Applicants. The following persons shall be eligible to apply for a conditional use permit for a Live/Work building:

To Whom Granted. The conditional use permit for occupancy of a Live/Work building shall be granted to the owner of the building or Live/Work Unit.

Notification of Occupants. A copy of the conditional use permit, showing the conditions of approval, shall be provided to all occupants of Live/Work Units in the building prior to their execution of a lease or purchase agreement for such Live/Work Unit.

Exception: Existing Live/Work Building. If a valid conditional use permit exists for a Live/Work building on the effective date of the adoption of this article, no additional conditional use permit shall be required for that building in order to meet the requirements of this section.

Exception: Existing Live/Work Units. If the owner or occupant has received zoning compliance approval for a Live/Work Unit on the effective date of the adoption of this article, no additional zoning compliance approval is required for that unit in order to meet the requirements of this section unless the use or occupancy is subsequently changed.

Posting of Zoning Compliance Approval. The zoning compliance approval for a Live/Work Unit shall be posted in the work portion of the Live/Work Unit.

Change of Use or Occupancy. The owner or occupant of a Live/Work Unit shall notify the City of any proposed change in use or occupancy. Any change of use or occupancy shall require a new zoning compliance approval pursuant to Article 3 of Chapter 7.

Location.

Activity. The work activity associated with a Live/Work Unit must be permitted or conditionally permitted in the zoning district where it will be located as indicated in Chapter 3; provided, however, that if the unit is in a residential zone, the work activity must be allowed by the regulations for the MUR Mixed Use with Residential zone.

Uses of Special Concern. Any use of special concern, as listed in Section 9-2.701.

Commercial and Institutional Use Types.

Building Size. A Live/Work building shall not exceed the floor area ratio as specified in Article 2 of Chapter 4.

Unit Size and Living Area.

Parking and Loading. Off-street parking and loading shall be provided as required by Article 4 of Chapter 4.

Open Space. Open space shall be provided as required by Article 3 of Chapter 4.

Performance Standards. All Live/Work Units and Live/Work buildings shall comply with the applicable performance standards in Article 11 of this chapter.

Ventilation. All Live/Work Units shall be provided with at least one (1) operable window. A ventilation system shall be installed subject to the approval of the Chief Building Official and Fire Marshal for any Live/Work activity which requires additional ventilation or which generates hazardous fumes or dust.

Mixed Occupancies. If a building contains mixed occupancies of Live/Work Units and other uses, occupancies other than Live/Work shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the Live/Work Units and other occupancies, as determined by the Chief Building Official.

Additional Requirements. Live/Work Units and buildings must comply with any additional requirements imposed by the Planning and Building, Fire, Police and Public Works Departments as necessary to protect the public health, safety and welfare.

On-Premises Sales. On-premises sales of goods not produced within the Live/Work building by an occupant of a Live/Work Unit are not permitted.

Work Restricted to Occupants. Work on the premises of a Live/Work Unit shall be limited to persons who live in the Live/Work Unit with the exception of one (1) nonresident, full-time equivalent employee.

That the Live/Work Units are provided within a building which was in existence on the effective date of the initial adoption of this article.

That the Live/Work Units are provided within a building which is structurally sound or improved so that it is structurally sound.

That the Live/Work Units are provided within a building which is consistent with the architectural character of neighboring buildings or which is improved in order to be consistent.

That the requirements of Section 9-5.907 cannot be met due to site or building constraints.

That human health, safety and welfare will not be adversely affected due to such waiver.

Compatibility of the Live/Work building with neighboring uses.

Activities involving artistic endeavors.

Low-income housing.

Separation of work activities from living areas, where work activities could present threats to human health and safety.

Ground floor commercial activity.

Adequate traffic circulation.

Building Management. A building manager shall be designated for the Live/Work building to serve as a liaison between City personnel and Live/Work occupants, and between Live/Work occupants and commercial or industrial occupants. The building manager shall be provided with a copy of all occupancy permits, and shall notify the City of any changes in use or occupancy. The building manager shall report any infringements of permit conditions. The owner of the Live/Work building shall inform the Director of the name and telephone number of the building manager, and shall notify the Director of any changes thereto.

Inspections. Live/Work Units shall be subject to periodic inspections by the City's fire, building, health and safety personnel from 9:00 a.m. to 5:00 p.m. on all days except Saturdays, Sundays, and City holidays.

Written Notice. For Live/Work buildings located in industrial zones, the owner of the Live/Work building shall provide written notice to all Live/Work Unit occupants that the surrounding area may be subject to levels of noise, dust, fumes or other nuisances at higher levels than would be expected in residential areas. Specific sources of these nuisances may be identified if appropriate and if possible.

Nonresidential Zone. In a nonresidential zone, any Live/Work building may be converted to wholly nonresidential uses which are permitted in that zone.

Residential Zone. In a residential zone, no Live/Work building may be converted to wholly nonresidential uses; however, it may be converted to wholly residential uses.

Signs. Nonconforming signs shall be subject to the provisions of Section 9-5.1614.

Residential Uses. Any residential use, lot, or structure that was legally established prior to the adoption of these planning regulations and that has been continuously maintained in residential use in compliance with the requirements of all applicable codes is deemed to be a conforming use, lot, or structure. However, any enlargement or replacement of such use shall conform to these planning regulations.

General Manufacturing Uses. Any General Manufacturing use, lot, or structure in the INL Light Industrial zone that was legally established prior to the adoption of these planning regulations and that has been continuously maintained in compliance with the requirements of all applicable codes is deemed to be a conforming use, lot, or structure. However, any enlargement or total replacement of such use shall conform to these planning regulations.

Public Uses. Provided that there is no change of use, nothing in this article shall require the termination, discontinuance, or removal of a public use or a public utility or to prevent the expansion, modernization, replacement, repair, maintenance, alteration, reconstruction, or rebuilding and continuation of public use or utility buildings, structures, equipment, and facilities.

Planned Unit Developments. Planned unit developments approved prior to the adoption of these planning regulations, as listed in Section 9-3.310, are subject to the use and development regulations stipulated in the various ordinances establishing the PUDs. If the ordinance for a PUD does not address a particular issue, these planning regulations shall apply to that issue. Any modifications to such PUDs shall be subject to the provisions of these planning regulations.

Other Planning Entitlements. Any use allowed under a planning entitlement, including but not limited to a conditional use permit, design review permit, or variance, that was approved prior to the adoption of these planning regulations and that has not expired, is deemed to be a conforming use and is subject to any conditions included in its approval, except that off-street parking may be reduced or eliminated upon the granting of a minor conditional use permit pursuant to Section 9-4.403(a)(1)(a). If such a use is not permitted by these planning regulations, it may be expanded pursuant to Section 9-5.1011, except those uses that are deemed incompatible pursuant to Section 9-5.1007. Other modifications to such a use beyond what was originally approved shall be subject to the provisions of these planning regulations.

Structures under Construction. Nothing contained in this article shall be deemed to require any change in the plans, construction, or designated use of any building or structure for which a building permit has properly been issued prior to the adoption of these planning regulations.

Nonconforming Use. A nonconforming use is any use of land, use of structure, lot, or structure that was legally established prior to the adoption of these planning regulations, but which does not conform to the provisions of these planning regulations. Nonconforming uses may be continued, maintained, repaired, altered, substituted for another nonconforming use, expanded, restored or reestablished only in conformance with the requirements of this article.

Illegal Use. An illegal use is a use of land, use of structure, lot, or structure that was not legally established under the regulations that were applicable at the time it was established, whether before or after the adoption of these planning regulations. Any such illegal use is hereby declared to be a public nuisance and shall be discontinued or legalized immediately.

Use Remains Nonconforming. Any nonconforming use that is substituted, expanded, restored or reestablished pursuant to a conditional use permit as provided in this article shall still be considered a nonconforming use in its entirety and shall be subject to all applicable provisions of this article.

Conditions of Approval. In approving a conditional use permit to substitute, expand, restore, or reestablish a nonconforming use, conditions of approval may be imposed as deemed necessary to fulfill the purposes of this article, and reasonable guarantees and evidence may be required that such conditions are being, or will be, complied with. Such conditions may include, but are not limited to, requiring additional landscaping, screening, and other site improvements; and establishing a time limit and termination date for the nonconforming use.

Right to Continue. Any nonconforming use or structure may be continued and maintained indefinitely if it has remained in continuous existence since the adoption of these planning regulations. The right to continue a nonconforming use or structure shall run with the land. Any substitution, expansion, restoration or reestablishment of such nonconforming use or structure shall be subject to the requirements of this article.

Maintenance and Repairs. Maintenance, repairs, and structural interior alterations to a nonconforming structure are permitted if the changes and improvements do not expand the structure, except as provided in Section 9-5.1011.

Additions and Alterations to Nonconforming Public Uses. Additions, extensions, and alterations may be made to any nonconforming public use, including but not limited to schools, parks, recreation facilities, police stations, and fire stations, if the addition, extension, or alteration:

Change from Nonconforming to Permitted Use. Any nonconforming use may be changed to a use that is permitted by right in the zoning district in which it is located and that complies with all applicable standards for such use. Any such change in use terminates the right of the previous nonconforming use to continue to exist, and it may not be reestablished.

Change from Nonconforming to Conditionally Permitted Use. Any nonconforming use may be changed to a use that is conditionally permitted in the zoning district in which it is located, subject to the approval of a conditional use permit pursuant to Article 5 of Chapter 7 and any other applicable findings and standards for the new use. Any such change in use terminates the right of the previous nonconforming use to continue to exist, and it may not be reestablished.

Absence of Permit. Any use that is nonconforming solely by reason of the absence of a conditional use permit may be changed to a conforming use by obtaining a minor conditional use permit, subject to all applicable findings and requirements for the use.

Substitution. A nonconforming use may be substituted with another nonconforming use that is not an incompatible use as defined in Section 9-5.1007 upon the approval of a minor 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:

The proposed expansion will not be detrimental to the public health, safety, or welfare.

The proposed expansion will not impede the redevelopment or use of nearby properties in compliance with the General Plan.

The proposed expansion will not increase the nonconformity with respect to density, floor area ratio (FAR), height, setback, usable open space, or parking.

Any proposed expansion of the structure's floor area shall comply with the parking and loading requirements of Article 4 of Chapter 4 for the new floor area.

The proposed expansion will comply with the applicable performance standards in Article 11 of this chapter.

Damage Not More Than Seventy-Five Percent (75%). If the damage does not exceed seventy-five percent (75%) of its replacement cost, not including the foundation, immediately prior to the date that the damage occurred, the structure may be restored and the nonconforming use may be resumed; provided, that an application for a building permit for the restoration work is submitted within six (6) months of the date that the damage occurred and that the restoration work is diligently pursued so that the building permit does not expire. If an application for a building permit is not submitted within six (6) months, or if the building permit expires, the right of the previous nonconforming structure and/or use to continue to exist shall terminate, and they may not be reestablished.

Damage More Than Seventy-Five Percent (75%). If the damage exceeds seventy-five percent (75%) of its replacement cost, not including the foundation, immediately prior to the date that the damage occurred, the structure may be restored and the nonconforming use may be resumed, except an incompatible use as defined in Section 9-5.1007, upon the approval of a minor conditional use permit. If an application for a conditional use permit is not submitted within six (6) months of the date that the damage occurred, or if an application for a building permit is not submitted within six (6) months of approval of the conditional use permit, or if the building permit expires, the right of the previous nonconforming structure and/or use to continue to exist shall terminate, and they may not be reestablished. To grant a conditional use permit for the restoration of a nonconforming structure and/or use, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:

Replacement by a Conforming Use. If an abandoned nonconforming use is replaced by a conforming use, the right of the previous nonconforming use to continue to exist shall terminate and it may not be reestablished.

Nonconforming Use Abandoned for Ninety (90) Days or Less. A nonconforming use that is abandoned for ninety (90) days or less, including an incompatible use as defined in Section 9-5.1007, may be reestablished, or may be substituted with another nonconforming use pursuant to the requirements of Section 9-5.1010(d).

Nonconforming Use Abandoned for More Than Ninety (90) Days but Less Than One (1) Year. A nonconforming use that is abandoned for more than ninety (90) days but less than one (1) year, and that is not an incompatible use as defined in Section 9-5.1007, may be reestablished upon the approval of a minor conditional use permit, or it may be substituted with another nonconforming use pursuant to the requirements of Section 9-5.1010(d). To grant a conditional use permit for the reestablishment of an abandoned nonconforming use the following findings must be made in addition to the findings required by Article 5 of Chapter 7:

Nonconforming Use Abandoned for One (1) Year or More. If a nonconforming use is abandoned for one (1) year or more, its right to continue to exist shall terminate and it may not be reestablished or substituted with another nonconforming use.

New Uses. These performance standards shall apply to the operation of all new uses established after the effective date of the ordinance codified in these regulations.

Existing Uses. These performance standards shall generally not apply to the ongoing operations of uses in existence on the effective date of the ordinance codified in these regulations or of a subsequent rezoning or other amendment applying more restrictive performance standards to such uses, with the following stipulations:

Noise Ordinance. All uses and activities shall be subject to the applicable provisions of the noise regulations in Chapter 13 of Title 5.

Siting of New Uses. The community noise compatibility standards in Figure 6-11 of the General Plan shall be used as review criteria for new uses. These standards indicate the level of existing ambient noise to which such new uses may be exposed. Noise generated by such uses shall be regulated by subsection (c) of this section.

Noise Generation. Noise generated by uses shall not exceed the maximum permitted noise level as set forth in Table 9-5.1109 at the property lines of the receiving land use, except that:

Existing Structure. A location map, the address and Assessor's parcel number of the property, a plan showing the footprint of the structure, and photographs of all sides of the structure.

Justification. A letter stating why the preservation or the demolition is needed and how the findings set forth in Section 9-5.1206 could be made.

Proposed Structure. Except when a preservation permit is sought for demolition to protect public safety (Sections 9-5.1206(a)(3) and (b)(1)(d)), a description of the proposed preservation of the existing structure or of any proposed replacement structure, a description of proposed uses, plans, elevations and color and materials board.

Significant Structures.

Residential Units.

A good faith effort to relocate the structure to an appropriate site within the City of Emeryville.

Documentation of the existing structure to Historic American Buildings Survey standards or to standards established by the Director.

Preserving any significant elements of the structure and/or the structure's facade, and reusing them in any replacement structure.

Salvaging of fixtures and architectural features from the existing building and reusing them in any replacement structure or elsewhere within the City of Emeryville.

Use of building materials in any proposed replacement structure similar to the original structure or those in the immediate area.

Design modifications to any proposed replacement structure to better fulfill the purposes of this article.

Replacement Structure. If the City Council approves a replacement structure based upon the findings specified in Section 9-5.1206(b)(1) or (2), and except as specified in subsection (b) of this section, the Building Official shall not issue a building permit to demolish a significant or residential structure unless:

Contaminated Site. If the City Council approves a replacement structure based upon the findings specified in Section 9-5.1206(b)(1) or (2), and the site of the replacement structure requires remediation of contaminated soil and/or groundwater, the Building Official may issue a building permit to demolish a significant or residential structure upon submittal of an application for a building permit for the replacement structure, including payment of all required plan review fees.

Other Circumstances. If the City Council makes any of the findings contained in Section 9-5.1206(b)(3), the Building Official may issue a building permit to demolish a significant or residential structure upon the effective date of the City Council's action.

Accessory Buildings. "Accessory buildings," as defined in Chapter 8, shall be excluded from the provisions of this section.

A prominent structure that exhibits exceptional architectural quality, is emblematic of Emeryville, or is important to the history of Emeryville; or

A structure that has at least five (5) of the following features in its street facade(s):

A site plan, dimensioned, clearly labeled, and drawn to a standard architectural or engineering scale, showing the entire area where the private property interfaces with the park, greenway, or other City property, including other properties and public rights-of-way within ten feet (10') in all directions. The site plan shall clearly indicate:

A landscape and grading plan clearly indicating and identifying by species all proposed new trees, shrubs, ground cover, and other plant material, and all trees, shrubs, ground cover, and other plant material proposed to be removed.

Color photographs showing the existing conditions of all areas of the park, greenway, or other City property and the private property affected by the proposed access.

A statement in a form acceptable to the City Attorney that the permittee shall defend, indemnify, and hold harmless the City of Emeryville, its agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney's fees) against the City of Emeryville, its agents, officers or employees from any loss, liability, damage, or cost sustained by any person or property, arising from the operation, use, or maintenance of the proposed access facilities as provided by this article.

The location, size, and design of the proposed access facilities will be compatible with and will not adversely affect or be materially detrimental to operation and maintenance of the park, greenway, or other City property through which access is to be gained.

The proposed access facilities conform to the applicable provisions of the Emeryville Design Guidelines, including but not limited to the Area Specific Guidelines pertaining to the area in which the proposed access facilities are to be located, and to all other applicable design guidelines such as the North Hollis Urban Design Plan or the Park Avenue District Plan.

The proposed access facilities comply with all applicable standards and requirements of this title, the Emeryville Municipal Code, and local, State, and Federal regulations.

The proposed access facilities conform with the requirements of all applicable City departments, including but not limited to Planning and Building, Public Works, Fire, and Police.

If motor vehicle access is proposed, there is no other feasible way to provide motor vehicle access to the private property.

Recording of an access easement with the Alameda County Recorder.

Providing for the ongoing maintenance and repair of the access facilities and landscaping constructed on the City's property, and their future replacement if necessary.

Restricting access to certain hours for pedestrians, bicycles, and/or motor vehicles, or allowing access during hours when City parks and greenways are otherwise closed to the public.

Restricting the uses that may gain access from the City park, greenway, or other City property.

Accessory Dwelling Units. Accessory dwelling units are permitted only in the Residential zones, and in the MUR Mixed Use with Residential and MURS Mixed Use with Residential South zones.

Junior Accessory Dwelling Units. Junior accessory dwelling units are permitted only in the RM Medium Density zone and as accessory to a single unit principal use.

Other Uses. Accessory dwelling units and junior accessory dwelling units are permitted only on lots containing an existing or proposed residential use. Accessory dwelling units and junior accessory dwelling units are permitted on such lots even if the existing lots and/or structures do not comply with the site development regulations in Chapter 4, and even if the lots are smaller than the minimum lot size for the zone. An accessory dwelling unit, a junior accessory dwelling unit, or both may be established in conjunction with the establishment of a new residential use.

On a lot with one (1) existing or proposed single unit:

On a lot with more than one (1) existing dwelling unit:

On a lot with one (1) existing or proposed single unit:

On a lot with more than one (1) existing dwelling unit, accessory dwelling units are not subject to a maximum area requirement.

Parking for Existing Residential Unit(s). Parking is not required for the existing residential unit(s) associated with an accessory dwelling unit. If a garage or carport is converted to or replaced by an accessory dwelling unit, no replacement parking is required.

Parking for Accessory Dwelling Unit. Parking is not required for the accessory dwelling unit. If provided, parking for the accessory dwelling unit shall comply with the design standards for parking lots and structures in Section 9-4.406, except that parking spaces for the existing residential unit(s) and accessory dwelling unit(s) may be in tandem and may be provided in required setbacks.

Lot. The lot on which an accessory dwelling unit or a junior accessory dwelling unit is to be located is not required to comply with the minimum lot size and width requirements of Section 9-4.701.

Setback. Except as provided in Section 9-5.1404, an accessory dwelling unit shall be subject to the same setback requirements as the existing residential structure(s), as set forth in Section 9-4.301, except that the minimum rear setback shall be four feet (4'), and no setback is required if a garage, carport, or other existing structure is converted to or replaced by an accessory dwelling unit.

Height. The maximum height limit shall be thirty feet (30') starting fifteen feet (15') from the rear lot line, and step down at an angle to a maximum height of:

Separation. An accessory dwelling unit may be either attached to or detached from the principal unit with which it is associated. If detached, the accessory dwelling unit shall be separated from the principal unit by no less than six feet (6').

Usable Open Space. Except as provided in Section 9-5.1404, lots with an accessory dwelling unit attached to or detached from the principal unit (adding to the building footprint on the lot) must provide either:

Units May Not Be Sold Separately. An accessory dwelling unit and its associated residential structure may not be sold separately by conversion to condominiums, division of the lot on which they are located, or by other means, except as provided by Section 66341 of the California Government Code.

Short-Term Rental Prohibited. Short-term rentals, as defined by Section 9-5.2101, are prohibited in accessory dwelling units and junior accessory dwelling units, even if they are single detached units.

Sewer Lateral. A proposal to establish an accessory dwelling unit shall comply with the provisions of Chapter 8 of Title 7 concerning sewer laterals, including the inspection, replacement or upgrading of the sewer lateral if required.

Other Code Requirements. An accessory dwelling unit shall comply with all other applicable provisions of the Emeryville Municipal Code and State and Federal law including, but not limited to, building and fire code requirements. Fire sprinklers are only required for the accessory dwelling unit if they are required for the principal unit on the site.

To encourage and promote the establishment of sidewalk cafes and parklets as visual amenities which in turn intensify pedestrian activity and make the street life more attractive, while protecting the public health, safety, and general welfare;

To ensure that all persons, including those with disabilities, may reasonably use the public streets, sidewalks, rights-of-way, and other public property without interference or hazard;

To avoid obstruction of views of traffic signs and pedestrians;

To ensure that damage to sidewalks is minimized and repaired;

To maintain the good appearance of public streets, sidewalks, and adjacent private property;

To allow the healthy growth of street trees and other landscaping;

To maintain access by emergency vehicles and personnel; and

To protect ingress and egress to properties adjoining the public right-of-way.

The sidewalk cafe or parklet shall adjoin and be operated in conjunction with an eating and drinking establishment.

The permittee shall at all times comply with all Federal, State, and local laws regarding the operation of the sidewalk cafe or parklet and the associated eating and drinking establishment.

The sidewalk cafe permit shall be posted in plain view within the eating and drinking establishment for which the permit has been issued.

The hours of operation of the sidewalk cafe or parklet shall not exceed the hours of operation of the associated eating and drinking establishment.

All furniture and equipment associated with the sidewalk cafe or parklet shall be confined at all times to the sidewalk cafe or parklet area as shown on the approved site plan, and shall be adequately secured.

At least four feet (4') of clear sidewalk width, or a greater width if deemed appropriate by the City, shall be maintained adjacent to the sidewalk cafe or parklet at all times. Such clear sidewalk width shall be free of any and all obstructions, including but not limited to street trees, tree wells, street lights, signs, utility poles, fire hydrants, trash containers, kiosks, planters, benches, and news racks, and shall comply with any and all requirements for disabled access.

The sidewalk cafe or parklet shall be maintained in a clean, sanitary, and attractive condition at all times, free of dirt, grease, trash, and litter. Tables shall be bussed regularly. If disposable plates, cups, and utensils are used, a trash container shall be provided for the use of patrons. A final cleanup shall be conducted at the end of each business day, including litter removal from the sidewalk cafe or parklet area, adjacent sidewalk, and roadway gutter within one hundred feet (100') in each direction on the same side of the street. The sidewalk cafe or parklet area and adjacent sidewalk shall be swept clean at least daily, and shall be steam cleaned annually if required by the Public Works Director.

Amplified sound shall be prohibited in the sidewalk cafe or parklet.

Smoking shall be prohibited in the sidewalk cafe or parklet and within twenty-five feet (25') of all entrances, windows, and vents of the associated eating and drinking establishment.

No changes to the layout, design, or operation of the sidewalk cafe or parklet shall be allowed without prior approval of the Community Development Director.

The sidewalk cafe or parklet shall comply with all applicable accessibility provisions of the Americans with Disabilities Act (ADA) and the City of Emeryville Building Code, unless explicitly waived or modified.

No separate encroachment permit shall be required for a sidewalk cafe or parklet. Any requirements that would normally be placed on such an encroachment permit shall become requirements of the sidewalk cafe permit.

A sidewalk or parklet must allow for access to any underground utilities, which may require the temporary removal of all or a portion of the sidewalk cafe or parklet. The cost of removal, reinstallation, and restoration of the sidewalk cafe or parklet shall be at the permittee's sole expense.

A valid license from the California Department of Alcoholic Beverage Control has been obtained and all requirements imposed by said Department have been met.

The permittee shall at all times comply with all Federal, State, and local laws regarding the sale, service, and consumption of alcohol.

The sidewalk cafe or parklet shall be clearly delineated from the adjacent sidewalk, such as by a rope, chain, or painted line. In the case of a parklet, the curb may provide this delineation.

Alcoholic beverages shall be consumed only within the sidewalk cafe or parklet area and associated eating and drinking establishment. The permittee shall not allow patrons to leave the confines of the sidewalk cafe or parklet with any alcoholic beverage and shall not allow patrons to give or sell alcoholic beverages to any person outside the sidewalk cafe or parklet.

A site plan, dimensioned, clearly labeled, and drawn to a standard architectural or engineering scale, showing the entire area between the curb and the building containing the eating and drinking establishment, and adjacent properties, sidewalk areas, and public right-of-way within ten feet (10') in all directions. The site plan shall clearly indicate:

Specifications for the design of all tables and chairs, and any other proposed features including but not limited to umbrellas, heaters, trash containers, railings, planters and fencing. Such specifications shall provide sufficient information for the Director to be able to ascertain the color, material, design, and general quality of these features, and may include actual color and material samples, manufacturer's specification sheets, color photographs, catalog entries, or other information as deemed appropriate by the Director.

Color photographs of the eating and drinking establishment, sidewalk area, and adjacent businesses and public right-of-way sufficient to illustrate conditions prior to establishment of the sidewalk cafe or parklet.

Proof of comprehensive liability insurance covering the sidewalk cafe or parklet area and the adjacent property on which the eating and drinking establishment is located in an amount of not less than one million dollars ($1,000,000.00) as a combined single limit for personal injury (including death) and property damage; an endorsement naming the City of Emeryville as an additional insured; a copy of the declarations or information page(s) for the policy; and a statement by the insurance carrier that thirty (30) days' notice will be given to the City before any cancellation. The policy of liability insurance shall be kept in force during such time as the sidewalk cafe or parklet is maintained under the terms of this article.

A statement in a form acceptable to the City Attorney that the permittee shall defend, indemnify, and hold harmless the City of Emeryville, its agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney's fees) against the City of Emeryville, its agents, officers or employees from any loss, liability, damage, or cost sustained by any person or property, arising from the operation, use, or maintenance of the sidewalk cafe or parklet as provided by this article.

The location, size, design and operating characteristics of the proposed sidewalk cafe or parklet will be compatible with and will not adversely affect or be materially detrimental to neighborhood character, with consideration given to the convenience and safety of pedestrians, property owners, occupants, customers, residents, and tenants of offices, stores, shops, and dwellings in the vicinity; harmony in design with nearby uses, buildings and structures; and the capacity and physical character of surrounding streets and sidewalks.

The proposed sidewalk cafe or parklet conforms to the standards in Section 9-5.1504.

If alcoholic beverages are to be served, the proposed sidewalk cafe or parklet conforms to the provisions of Section 9-5.1505.

The proposed sidewalk cafe or parklet conforms to the applicable provisions of the Emeryville design guidelines, including but not limited to the general guidelines pertaining to sidewalks and landscaping, and the area specific guidelines pertaining to the area in which the proposed sidewalk cafe or parklet is to be located; and to all other design guidelines applicable to the area in which the proposed sidewalk cafe or parklet is to be located.

The proposed sidewalk cafe or parklet is consistent with the general plan.

The proposed sidewalk cafe or parklet complies with all applicable standards and requirements of this title, the Emeryville Municipal Code, and local, State, and Federal regulations.

The proposed sidewalk cafe or parklet conforms with the requirements of all applicable City departments, including but not limited to Planning and Building, Public Works, Fire, and Police.

All annual sidewalk cafe permits issued under this article, except the first permit issued for a newly established sidewalk cafe or parklet, shall be considered to be issued on January 1 of each year and shall expire on December 31 of the same year.

The annual renewal application for an existing sidewalk cafe or parklet is hereby declared delinquent if not filed on or before March 1 of each year.

The City is not required to send a renewal, delinquency or other notice to any person subject to the provisions of this article.

Every person subject to a sidewalk cafe permit shall, before the renewal application becomes delinquent, file with the Director a renewal application except as provided in subsection (h) of this section.

Application for renewal of a sidewalk cafe permit shall be submitted to the Planning Division on a form provided by the Director, accompanied by a statement indicating whether any information required by Section 9-5.1506 has changed; and proof of comprehensive liability insurance, as detailed in Section 9-5.1506(d), for the renewal period.

The Director shall review the renewal application in consultation with the Public Works Director, Chief Building Official, Fire Marshal, and Police Chief, to ensure the sidewalk cafe's or parklet's continued compliance with the provisions of this article and any conditions of approval, and to assess any outstanding violations or complaints. The Director may request additional information in order to complete their review.

Upon completion of the review, the Director shall make a determination whether to renew the application, and shall promptly inform the permittee of their decision. If the permit is renewed, the Director shall provide the permittee with a new permit for the renewal period, to be posted in the eating and drinking establishment as required by Section 9-5.1504(c). In renewing the sidewalk cafe permit, the Director may modify or delete any existing conditions of approval, and impose any new conditions of approval, as they deem appropriate. If the permit is not renewed, the Director shall provide a written explanation to the permittee detailing the reasons for the nonrenewal. If the permit is not renewed, the sidewalk cafe or parklet shall be removed, and the sidewalk or roadway shall be restored as required by Section 9-5.1512, within thirty (30) days of the Director's decision, unless appealed pursuant to Section 9-5.1511(c).

In the absence of any action by the City or the permittee to renew a sidewalk cafe permit prior to the delinquency date specified in subsection (b) of this section, the permit shall be deemed to be renewed for one (1) year.

A decision of the Director on a new sidewalk cafe permit pursuant to Section 9-5.1507 may be appealed to the Planning Commission as provided in Article 14 of Chapter 7. The decision of the Planning Commission shall be final.

If the Director refers a new sidewalk cafe permit application to the Planning Commission for consideration pursuant to Section 9-5.1507, the decision of the Planning Commission may be appealed to the City Council as provided in Article 14 of Chapter 7.

A decision of the Director on the renewal of a sidewalk cafe permit pursuant to Section 9-5.1509 may be appealed to the Planning Commission as provided in Article 14 of Chapter 7. The decision of the Planning Commission shall be final. If the Commission decides not to renew the permit, the sidewalk cafe or parklet shall be removed, and the sidewalk or roadway shall be restored as required by Section 9-5.1512, within thirty (30) days of the Commission's decision.

A decision of the Director to revoke, suspend, or modify a sidewalk cafe permit pursuant to Section 9-5.1510 may be appealed to the Planning Commission as provided in Article 14 of Chapter 7. The decision of the Planning Commission shall be final. If the Commission decides to revoke or suspend the permit, the sidewalk cafe or parklet shall be removed, and the sidewalk or roadway shall be restored as required by Section 9-5.1512, within thirty (30) days of the Commission's decision.

A parklet shall require the approval of the City Council prior to the issuance of a sidewalk cafe permit by the Community Development Director. Any conditions and requirements designated by the City Council in its approval shall become conditions of approval of the sidewalk cafe permit.

Commercial signage and advertising shall not be permitted in a parklet.

Design criteria for parklets may be issued administratively by the Director.

A building permit shall not be required for a parklet, but its design and construction shall comply with all applicable building regulations, including but not limited to disabled access, and any design criteria issued by the Director.

Encourage communications which aid orientation and promote economic vitality.

Enhance and preserve the aesthetic character of the City.

Apply basic principles of good design and sensitivity to community appearance.

Restrict signs that may create a nuisance to nearby properties, violate privacy, or create hazards or unreasonable distractions for pedestrians or drivers.

Ensure that the constitutionally guaranteed right of free speech is protected.

Review by Director. All sign proposals shall be subject to review by the Director to determine whether they are prohibited, exempt, or require approval of a minor design review permit, major design review permit, or Master Sign Program.

Prohibited Signs. A prohibited sign, as listed in Section 9-5.1604, is not allowed. Any such sign, other than a nonconforming sign pursuant to Section 9-5.1614, is hereby declared to be a public nuisance and shall be removed immediately.

Exempt Signs. An exempt sign, as listed in Section 9-5.1605, does not require design review approval and may be installed without further planning review if the Director determines that it meets all the requirements for an exempt sign. Note, however, that such a sign may still require a building permit pursuant to the building regulations in Title 8.

Individual Establishment Signs. Individual establishment signs that are neither prohibited nor exempt shall require a design review permit from either the Director or the Planning Commission and shall be processed pursuant to Section 9-5.1612.

Master Sign Programs. A proposal for a Master Sign Program shall require approval by the Planning Commission pursuant to Section 9-5.1613.

Cabinet Signs. One (1) or two (2) sided internally illuminated signs consisting of a translucent message panel or panels, usually rectangular, mounted on a frame enclosing the illumination fixtures; also known as "panel," "can," or "box" signs.

Electronic Signs. Electronic signs with changeable copy and/or animation; also known as "reader boards." This prohibition does not include small signs oriented to pedestrians and providing public transportation and other noncommercial information.

Mobile Billboards. Any sign carried or conveyed by a vehicle for the primary purpose of advertising excluding signs on taxis and buses.

Outdoor Advertising Signs. Billboards and any other off-premises outdoor advertising signs which convey a commercial message as their primary purpose.

Signs Creating Traffic Hazards.

Signs for Vacated Uses. Signs for activities which have vacated a site or premises for ninety (90) days or more.

Signs on Public Property. Signs on public property unless posted by public personnel in the performance of their duties.

Signs That Produce Noise or Emissions. Signs that produce noise or sounds that can be heard at the lot line and signs that emit visible smoke, vapor, particles, or odor.

Streamers, Pennants or Inflatable Signs. Streamers, pennants, and other signs made of lightweight fabric or similar material, designed to rotate or move with the wind, or inflatable signs or displays.

Vehicle-Mounted Signs. Vehicle-mounted signs of a commercial nature, except when attached to vehicles being used for bona fide delivery and other vehicular purposes away from a fixed place of business.

A-Frame Signs. Portable freestanding signs in the shape of the letter "A" as viewed from the side, typically with two (2) sides facing opposite directions. Under this exemption, such signs may only be displayed on private property. No more than one (1) sign is permitted per individual establishment. Such sign may not exceed three feet (3') in height with no more than six (6) square feet of sign area on each side. See Chapter 34 of Title 5 for regulations pertaining to the display of such signs on the public sidewalk.

Address Signs. Address identification signs of no more than two (2) square feet per address.

Apartment and Condominium Identification Signs. Nonilluminated identification signs on apartment and residential condominium buildings of no more than six (6) square feet per address.

Business Signs. Business establishment identification signs, restricted to one (1) sign not exceeding six (6) square feet in area for each establishment. Such signs shall be included in the aggregate sign area as specified in Section 9-5-1609(b)(1).

Business Information Signs. Signs not exceeding six (6) square feet in aggregate area per business establishment containing such information as "open/closed," "credit cards accepted" or items such as directories and menus.

Change of Business Signs. A temporary attachment or covering of wood, plastic, or canvas over a permanent sign indicating a change of ownership or activity may be displayed for no longer than forty-five (45) days following the change of ownership or activity for which the sign is intended. The sign shall be no larger than the previously permitted permanent sign.

Commemorative Signs. Commemorative plaques, memorial signs or tablets, or signs indicating names of buildings and dates of building erection, either attached to or cut into the surfaces of buildings; provided, that no such sign exceeds four (4) square feet in area.

Construction Signs. A temporary construction sign may be erected on a construction site for the duration of construction activities; provided, that it is immediately removed after issuance of a certificate of occupancy for the project, or abandonment of work. A temporary construction sign may not exceed eight (8) square feet in area and five feet (5') above finished grade to the top of the sign in the RM Medium Density Residential zone or eighteen (18) square feet in area and six feet (6') above finished grade to the top of the sign in other zones.

Decorative Holiday Displays. Noncommercial decorative holiday displays; provided, that such displays are removed within forty-five (45) days of their installation.

Directional Signs. Signs to direct on-site traffic circulation, not exceeding six (6) square feet in area, and with an aggregate area not exceeding one-fifth (1/5) of a square foot per linear foot of site frontage, and publicly installed off-site directional signs to facilitate traffic flow to and from high-volume private facilities.

Flags. Noncommercial flags flown from flagpoles or otherwise displayed. Flagpoles shall be subject to the applicable height limits in Section 9-4.202.

Information Signs. Noncommercial informational signs not exceeding four (4) square feet in area erected for the safety and convenience of the public, such as signs identifying restrooms or telephones, "no parking" and "no trespassing" signs.

Interior Signs. Signs located in interior areas of a building or site that are not intended to be visible from public streets, public open space, or adjacent properties.

Kiosk and Mobile Vendor Signs. Signs fixed to mobile vending carts that identify or advertise the name, product, or service provided by the vendor. Each mobile vending cart is limited to a maximum sign area of eight (8) square feet.

Official Government Signs. Official notices issued by a court, public body or office; official notices posted by a utility or public agency; signs erected by a governmental body to direct or regulate pedestrian or vehicular traffic; public hearing or meeting notices; or other signs required or authorized by law.

Public Service and Civic Identity Signs. Signs erected on public or private property to promote City-sponsored activities or other community events. Signs may include district identification banners; temporary signs or banners erected above streets or attached to lamp posts or utility poles; or temporary banners posted to fences at public schools.

Real Estate Signs.

Small Noncommercial Signs. Noncommercial signs, each no larger than six (6) square feet in area, attached to a freestanding sign structure, a window, or a building wall. All businesses and residences may display up to two (2) such signs, which may include, but are not limited to, freedom of speech signs, political signs, and organization identification signs. Such signs may be located on the ground floor or upper floors of buildings and shall not be located in the public right-of-way.

Temporary Window Signs. Window signs, subject to the following provisions:

Calculation of Sign Area. The area of an individual sign shall be calculated as follows:

Materials. Signs shall be constructed of durable and attractive materials. Paper, cardboard, or other material subject to rapid deterioration shall be limited to temporary interior window signs. Fabric and vinyl signs shall be restricted to public service and civic identity signs, awning signs, banner signs, and temporary signs permitted pursuant to Section 9-5.1610.

Construction and Maintenance.

Illumination. The illumination of signs, from either an internal or external source, shall be designed to avoid negative impacts on neighboring rights-of-way and properties. The following standards apply to all illuminated signs:

Changeable Copy Other Than Permitted Marquee Signs. Nonelectronic changeable copy shall cover no more than twenty percent (20%) of an establishment's total allowed aggregate sign area, except for the following uses which are allowed up to seventy-five percent (75%) of sign area to be changeable copy: all public and civic uses, indoor theaters, other public assembly uses, and fuel price signs.

Permitted Signs. In addition to the exempt signs listed in Section 9-5.1605, commercial establishments are allowed one (1) sign of up to ten (10) square feet per establishment, subject to minor design review approval pursuant to Section 9-5.1612.

Standards for Specific Sign Types. Signs shall conform to the standards listed in Table 9-5.1607 except as modified by subsection (a) of this section.

Illumination. No sign illumination is permitted except downward facing indirect illumination. No sign shall be internally illuminated.

Permitted Signs. In addition to the exempt signs listed in Section 9-5.1605, all sign types listed in Table 9-5.1607 are permitted, subject to the standards in the table. Sign types not listed in Table 9-5.1607, or signs not in conformance with the standards in Table 9-5.1607, may be considered on a case-by-case basis. If the applicant proposes that such signs be included in the aggregate sign area allowed by subsection (b) of this section, they may be considered by the Director under the minor design review procedure at Section 9-5.1612(b). If the applicant proposes that such signs not be included in the aggregate sign area allowed by subsection (b) of this section, they shall be considered by the Planning Commission under the major design review procedure at Section 9-5.1612(c).

Aggregate Sign Area.

Number. A maximum of two (2) temporary commercial signs may be displayed by any individual establishment at the same time.

Area. The total area of all such temporary commercial signs shall not exceed thirty-two (32) square feet per individual establishment. This sign area shall not be included in the calculation of aggregate permanent sign area pursuant to Section 9-5.1609(b).

Materials. Temporary commercial signs shall be constructed of durable and attractive materials. Paper, cardboard, or other material subject to rapid deterioration shall not be used. Fabric and vinyl signs are permitted.

Location. Temporary commercial signs may be located anywhere on the site of the individual establishment, subject to minor design review approval. If located in windows or transparent doors, no more than twenty percent (20%) of the total area of any window or transparent door shall be covered by any combination of temporary commercial signs, exempt temporary window signs pursuant to Section 9-5.1605(s), and permanent window signs pursuant to (a)(7) in Table 9-5.1607.

Duration. The time limit for display of a temporary commercial sign shall be forty-five (45) days, which may be renewed for one (1) additional period of forty-five (45) days upon payment of a second application fee. Two (2) consecutive forty-five (45) day periods may be approved at one (1) time upon the payment of two (2) fees, but may not be further extended.

Illumination. Temporary signs shall not be illuminated.

Architectural Compatibility. A sign (including its supporting structure, if any) shall be designed as an integral design element of a building's architecture and shall be architecturally compatible, including color and scale, with any building to which the sign is to be attached and with surrounding structures. A sign that covers a window or that spills over "natural" boundaries or architectural features and obliterates parts of upper floors of buildings is detrimental to visual order and generally is not permitted.

Legibility. The size and proportion of the elements of the sign's message, including logos, letters, icons and other graphic images, shall be selected based on the average distance and average travel speed of the viewer. Sign messages oriented towards pedestrians may be smaller than those oriented towards automobile drivers. Colors chosen for the sign text and/or graphics shall have sufficient contrast with the sign background in order to be easily read during both day and night hours.

Design Guidelines. All signs shall be subject to the applicable provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to signs and to the area of the City in which a proposed sign is to be located, and to any other applicable design guidelines.

Animated and Moving Signs. Animated, flashing, blinking, reflecting, revolving, or other similar signs, or signs with visibly moving or rotating parts or visible mechanical movement of any kind, are generally discouraged unless they add appropriate visual interest compatible with their surroundings.

Deviations from Design Principles. The Director may approve signs that do not adhere to the principles established in this section if he or she finds that the sign exhibits exceptional design quality or is of significance to the area where it will be displayed.

Application. Application for a design review permit for individual establishment signs shall be submitted to the Planning and Building Department on a form provided by the Director, accompanied by the fee as set forth in the Master Fee Schedule and application materials as determined necessary by the Director, including but not limited to the following:

Minor Design Review.

Major Design Review.

General.