General Plan. Make decisions on General Plan amendments pursuant to the provisions of Article 12 of this chapter and applicable provisions of State law.

Planning Regulations and Zoning Maps. Make decisions on amendments to these planning regulations and the Zoning Maps pursuant to the provisions of Article 13 of this chapter and applicable provisions of State law.

Planned Unit Developments. Make decisions on the creation of PUD zones and the approval of preliminary development plans pursuant to the provisions of Article 10 of this chapter.

Development Agreements. Make decisions on development agreements pursuant to the provisions of Article 11 of this chapter.

Significant and Residential Structures. Make decisions on applications to demolish significant and residential structures pursuant to the provisions of Article 12 of Chapter 5.

Multi-Unit Residential Uses. Make decisions on applications for exemptions to unit mix and design requirements for multi-unit residential uses pursuant to the provisions of Section 9-5.2005.

Flexible Community Benefit. Make decisions on applications for development bonus points for flexible community benefits pursuant to the provisions of item (7) of Table 9-4.204(e).

Revocation of Permits. Make decisions on revocation of permits pursuant to the provisions of Article 15 of this chapter.

Appeals. Hear and decide appeals from decisions of the Planning Commission on applications for major design review, major conditional use permits, variances, final development plans for planned unit developments, major subdivisions, and any other decisions that can be appealed to the City Council pursuant to the provisions of Article 14 of this chapter.

Emeryville/Oakland Joint Planning Authority. Participate as members of the Appellate Council of the E/OJPA pursuant to the provisions of Section 9-7.107.

Environmental Review. Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act.

Time Extensions and Modifications. Make decisions on requests for time extensions and modifications to permits originally approved by the City Council.

Design Guidelines. Adopt design guidelines to facilitate the implementation of the design review requirements in Article 4 of this chapter.

Fees. Establish and periodically update the Master Fee Schedule listing fees, charges, and deposits for various applications and services provided pursuant to these planning regulations.

Other Duties. Perform other duties as may be stipulated by these planning regulations or established by State law.

Design Review. Make decisions on major design review applications, including signs, pursuant to the provisions of Article 4 of this chapter.

Conditional Use Permits. Make decisions on major conditional use permit applications pursuant to the provisions of Article 5 of this chapter.

Variances. Make decisions on variance applications pursuant to the provisions of Article 7 of this chapter.

Planned Unit Developments. Make decisions on the approval of final development plans pursuant to the provisions of Article 10 of this chapter.

Subdivisions. Make decisions on major subdivision applications pursuant to the provisions of Article 2 of Chapter 6.

Parcel Mergers. Make decisions on parcel mergers if the property owner requests a hearing pursuant to the provisions of Article 5 of Chapter 6.

Covenants of Easement. Make decisions on the release of covenants of easement pursuant to the provisions of Article 8 of Chapter 6.

Nuisance Abatement. Make decisions on nuisance abatement pursuant to the provisions of Article 15 of this chapter.

Recommendations to City Council. Make recommendations to the City Council on General Plan amendments, amendments to these planning regulations and the Zoning Maps, the creation of PUD zones and approval of preliminary development plans, development agreements, demolition of significant and residential structures, and revocation of permits.

Appeals. Hear and decide appeals from decisions of the Director of Planning and Building on code interpretation, zoning compliance review, and other ministerial decisions; and applications for minor design review, minor conditional use permits, temporary use permits, exceptions to standards, sidewalk cafe permits, minor subdivisions, parcel map waivers, lot line adjustments, parcel mergers if the property owner does not request a hearing, and any other decisions that can be appealed to the Planning Commission pursuant to the provisions of Article 14 of this chapter.

Emeryville/Oakland Joint Planning Authority. Participate as members of the Planning Council of the E/OJPA pursuant to the provisions of Section 9-7.107.

Environmental Review. Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act.

Time Extensions and Modifications. Make decisions on requests for time extensions and modifications to permits originally approved by the Planning Commission.

Design Guidelines. Make recommendations to the City Council concerning design

guidelines to facilitate the implementation of the design review requirements in Article 4 of this chapter.

Other Duties. Perform other duties as may be assigned by the City Council or established by State law.

Acceptance of Dedications. Accept, accept subject to improvement, or reject any offer of dedication prior to recordation of a final or parcel map, and certify any acceptance by signing a statement to this effect on the map pursuant to the subdivision regulations in Chapter 6.

Improvement Agreements. Enter into improvement agreements with subdividers, consider extension requests, and accept completed improvements pursuant to Article 6 of Chapter 6.

Abandonment of Streets and Easements. Certify abandonment of public streets and public easements on final subdivision maps pursuant to Section 9-6.213(c).

Covenants of Easement. Accept covenants of easement pursuant to Article 8 of Chapter 6.

Development Agreements. Enter into development agreements as authorized by the City Council and annually review compliance with such agreements pursuant to Article 11 of this chapter.

Recommendations to Planning Commission and City Council. Make recommendations to the Planning Commission and City Council on all matters on which they have decision-making authority pursuant to Sections 9-7.103 and 9-7.102, respectively. Convey Planning Commission recommendations to the City Council.

Code Interpretation. Interpret the content and applicability of these planning regulations pursuant to the provisions of Section 9-1.104.

Consistency with General Plan. Determine the extent of any inconsistency between these planning regulations and the General Plan and issue a decision to resolve the matter pursuant to the provisions of Section 9-1.105.

Classification of Uses. Classify uses according to the use classifications described in Chapter 2, pursuant to the provisions of Section 9-2.102(b).

Nonconforming Uses and Structures. Determine whether a use or structure is nonconforming and whether it was legally established, pursuant to the provisions of Section 9-5.1006.

Performance Standards. Determine compliance of uses with performance standards pursuant to the provisions of Section 9-5.1103.

Zoning Compliance. Determine whether new or expanded uses or structures, including home occupations and accessory dwelling units, comply with the applicable requirements of these planning regulations pursuant to the provisions of Article 3 of this chapter.

Minor Design Review. Make decisions on minor design review applications, including signs, pursuant to the provisions of Article 4 of this chapter.

Minor Conditional Use Permits. Make decisions on minor conditional use permit applications pursuant to the provisions of Article 5 of this chapter.

Temporary Use Permits. Make decisions on temporary use permit applications pursuant to the provisions of Article 6 of this chapter.

Exceptions to Standards. Make decisions on exception to standards applications pursuant to the provisions of Article 8 of this chapter.

Sidewalk Cafes. Make decisions on sidewalk cafe applications pursuant to the provisions of Article 15 of Chapter 5.

Subdivisions. Make decisions on minor subdivisions, parcel map waivers, lot line adjustments, and parcel mergers if the property owner does not request a hearing, pursuant to the provisions of Chapter 6.

Minor Modifications. Make decisions on minor modifications to permits approved by the Planning Commission or City Council, pursuant to the provisions of Section 9-7.214(a).

Reasonable Accommodation. Make decisions on requests for reasonable accommodation pursuant to Article 9 of this chapter.

Environmental Review. Determine whether projects require environmental review under the California Environmental Quality Act, and, if so, prepare the required environmental documents for consideration by the appropriate decision-makers.

Other Duties. Perform other duties as may be assigned by the City Manager.

Certificates of Compliance. Prepare, and file for recording with the Alameda County Recorder, certificates of compliance certifying that real property complies with the provisions of the Subdivision Map Act and the City subdivision regulations pursuant to Section 9-6.106.

Tentative Maps. Review tentative subdivision maps, including vesting tentative maps, and advise the Director as to whether to recommend Planning Commission approval pursuant to Article 2 of Chapter 6. Approve minor changes to approved tentative maps pursuant to Section 9-6.210(a).

Final Maps. Sign statements on final maps confirming that they are technically correct, consistent with the approved tentative map, and in compliance with the City subdivision regulations and the Subdivision Map Act pursuant to Article 2 of Chapter 6. Prepare, and file for recording with the Alameda County Recorder, certificates of correction to amend recorded final maps to correct errors and omissions, and certify amending maps for modifications approved by the Planning Commission, pursuant to Section 9-6.218.

Parcel Maps. Review parcel maps and advise the Director as to whether they should be approved, and sign statements on parcel maps confirming that they are technically correct and in compliance with the City subdivision regulations and the Subdivision Map Act pursuant to Article 3 of Chapter 6. Prepare, and file for recording with the Alameda County Recorder, certificates of correction to amend recorded parcel maps to correct errors and omissions, and certify amending maps for modifications approved by the Director, pursuant to Section 9-6.311.

Parcel Map Waivers. Review requests for parcel map waivers and advise the Director as to whether they should be approved pursuant to Section 9-6.312.

Lot Line Adjustments. Review applications for lot line adjustments and advise the Director as to whether they should be approved pursuant to Article 4 of Chapter 6.

Parcel Mergers. Review proposed parcel mergers pursuant to Article 5 of Chapter 6; if parcels are to be merged, prepare and file for recording with the Alameda County Recorder a determination of merger/certificate of compliance for the merged parcel; if parcels are not to be merged, prepare and file for recording with the Alameda County Recorder a certificate of compliance for the unmerged parcels.

Improvements, Dedications, and Reservations. Review all proposed improvements, dedications, and reservations pursuant to Article 6 of Chapter 6.

Condominium Conversions. Review proposed condominium conversions and advise as to whether any public improvements are necessary pursuant to Article 7 of Chapter 6.

Planned Unit Developments. Review and advise on public improvements and engineering feasibility studies associated with proposed preliminary and final development plans pursuant to Article 10 of this chapter.

General Provisions.

Term of the E/OJPA. The E/OJPA shall exist for an initial term of five (5) years after its establishment, and shall thereafter automatically be renewed for successive five (5) year terms, unless terminated by the unilateral action of the City Council of either Emeryville or Oakland within sixty (60) days prior to the end of any term. Notwithstanding the foregoing, the cities may terminate the Joint Planning Authority at any time after the initial term by their mutual agreement.

Powers of the E/OJPA.

Procedures.

Appeals.

Remedies. All legislative and quasi-judicial decisions of the Planning Council and Appellate Council shall be subject to all remedies provided by State law including, but not limited to, referendum and writ of mandamus; provided, however, that any writ of mandamus shall be filed within ninety (90) days of the decision unless State law provides for a shorter limitation period.

Applicants. Except as otherwise provided elsewhere in these planning regulations, the following shall be eligible to apply:

Application Forms and Materials.

Application Fees.

Combined Processing. The following types of permits may be combined under one (1) application, with combined notice, public hearing and resolution as required. To approve the combined application, all applicable findings for each permit type must be made.

Concurrent Processing. The following types of permits may not be combined under one (1) application, but may be processed concurrently, with combined notice, public hearing and resolution as required. These permit types may also be processed concurrently with a combined permit pursuant to subsection (a) of this section. To approve the concurrent applications, all applicable findings for each permit type must be made.

Incomplete Application. If an application is incomplete, the Director shall provide written notification to the applicant listing the applications for permit(s), forms, information and any additional fees that are necessary to complete the application.

Zoning Violations. An application shall not be found complete if conditions exist on the site in violation of these planning regulations or any permit or other approval granted in compliance with these planning regulations or any previous applicable regulations, unless the proposed project includes the correction of the violations.

Expiration of Application. If an applicant fails to correct any specified deficiencies or provide additional information requested within ninety (90) days of the date of the Director's notification or other time specified by the Director, the application shall expire and be deemed withdrawn. The Director shall provide written notice to the applicant and shall also notify the applicant of the opportunity for appeal.

Appeal of Determination. Determinations of incompleteness may be appealed to the Planning Commission pursuant to Article 14 of this chapter, except that there shall be a final written determination on the appeal not later than sixty (60) days after receipt of the appeal.

Extensions. The Director may, upon written request and for good cause, grant extensions of any time limit for submission of information and review of applications imposed by these planning regulations in compliance with applicable provisions of State law.

Procedures. The City of Emeryville hereby adopts the State CEQA Guidelines as its environmental review procedures.

Determination of Exemption. The Director shall determine whether a project is exempt from environmental review under CEQA and, if so, shall make a record of that determination. If the project is not exempt, a negative declaration, mitigated negative declaration, or environmental impact report shall be prepared at the applicant's expense.

Exempt Projects. Prior to approving the project, the decision-maker(s) shall first approve the determination of exemption. Following project approval, a notice of exemption need not be filed with the Alameda County Clerk unless the applicant requests it or the City determines that it is necessary. All filing fees for the notice of exemption shall be paid by the applicant.

Nonexempt Projects. If the Director determines that the project is not exempt from environmental review under CEQA, the applicant shall be notified and shall deposit with the City sufficient funds to pay the anticipated cost of preparation and processing of the required environmental document. Prior to approving the project, the decision-maker(s) shall first approve the negative declaration, mitigated negative declaration, or environmental impact report. Any identified mitigation measures shall be incorporated into the conditions of approval of the project unless a statement of overriding considerations is adopted. Following project approval, a notice of determination shall be filed with the Alameda County Clerk at the applicant's expense.

Contents of Notice. The notice shall include the following information:

Types of Notice.

Failure to Receive Notice. The validity of the proceedings shall not be affected by the failure of any person or entity to receive notice given pursuant to this section.

Staff Report. At least five (5) days prior to the hearing the Director shall issue a staff report containing an analysis of the project, recommendation for action, and any recommended conditions of approval deemed necessary to ensure that the project will comply with the General Plan, these planning regulations, and any other applicable City regulations.

Presentations. At the hearing, the Director or his or her designee shall briefly present his or her analysis of the project and recommendation for action. If the hearing is before the City Council, the Planning Commission's recommendation shall also be presented. The applicant shall also be provided an opportunity to make a presentation.

Testimony. Any person may appear at the public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state an address and, if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented.

Time Limits. The presiding officer may establish time limits for individual testimony and may request that individuals with shared concerns select one (1) or more spokespersons to present testimony on behalf of those individuals.

Continuation of Public Hearing. The body conducting the public hearing may continue it to a fixed date, time and place, in which case no additional notification is required, or may continue it to an undetermined date and provide notice of the continued hearing when the date, time and place for the hearing have been determined.

Decision. After the close of the public hearing, or, if no hearing is required, no sooner than ten (10) days after any notice was provided pursuant to Section 9-7.208, the Director, Planning Commission, or City Council, as the case may be, shall make a decision to approve, approve with conditions, or deny the application.

Findings. The decision shall be based on the findings required by these planning regulations or State law. The findings shall be based on consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and, for a Planning Commission or City Council decision, shall be stated in writing in the resolution approving or denying the application.

Conditions of Approval. In approving an application, the Director, Planning Commission, or City Council may impose conditions it deems necessary to ensure that the project will comply with the General Plan, these planning regulations, and any other applicable City regulations.

Referral Back to Planning Commission. In approving applications requiring City Council approval upon a recommendation of the Planning Commission, the Council may add, modify or delete any terms of the permit itself or any provisions of the conditions of approval. Such action may, but need not be, referred back to the Planning Commission for its review and recommendation. If the Council proposes any substantial modification to an amendment to the General Plan, planning regulations, or Zoning Maps that was not previously considered by the Planning Commission during its hearings, the proposed modification shall first be referred back to the Planning Commission for its recommendation. The Planning Commission may, but is not required to, conduct a public hearing on the proposed modification.

Notice of Decision. After the decision is made, the Director shall issue a notice of decision. For a Planning Commission or City Council action, this notice shall consist of the approved resolution or ordinance and any associated conditions of approval. For a decision by the Director, a letter shall be issued to the applicant indicating the decision and any written findings and conditions of approval. A copy of the notice shall also be provided to any other person or entity that has filed a written request of such notification.

Scope. Any approval allows only those uses, activities, and structures actually proposed in the application, described in the staff report, if any, and/or included in the conditions of approval. Any other uses, activities, or structures shall require a separate application and approval. The approved use and/or construction is subject to, and shall comply with, all applicable City regulations and laws and regulations of other governmental agencies.

Termination of Previous Uses. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location, including conforming uses, nonconforming uses, and any previous entitlements granted under these planning regulations or any previous regulations.

Approved Plans. The approved project shall be constructed in conformance with the approved plans except as modified by the conditions of approval. The approved plans shall be clearly referenced by sheet number/name and date in the conditions of approval.

Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that allowed activities or uses are subject to periodic reporting, monitoring or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions.

Unless the Planning Commission or City Council specifies otherwise pursuant to subsection (b) of this section, any design review approval, conditional use permit, variance or exception to standards granted in accordance with the terms of these planning regulations shall automatically expire unless an application for a building permit has been filed and fees have been paid within one (1) year from the date of final approval, or, if a building permit is not required, a good faith effort to commence work upon the use has been made, as determined by the Director in his or her sole discretion. If a building permit is issued but expires with no work being done, then the associated planning permit shall also expire unless extended pursuant to the provisions of this section. Such extension may not exceed three (3) years from the planning permit's original approval date.

In approving any design review approval, conditional use permit, variance or exception to standards the Director, Planning Commission, or City Council may grant an initial expiration period of up to two (2) years from the date of final approval upon the applicant's request. Such lengthened expiration period, and the actual expiration date, shall be specified in the conditions of approval.

An applicant may request time extensions not exceeding one (1) year by applying to the original decision-maker(s) prior to the expiration date of the permit. In the case of one (1) year approvals, two (2) such extensions may be allowed. In the case of two (2) year approvals, one (1) such extension may be allowed. In no case shall a permit be extended beyond three (3) years from its original approval date. After that time, a new application shall be required.

The Director shall refer an extension request to the Public Works Director, Fire Chief, and Police Chief for their review and recommendation prior to action being taken on the extension request.

In order for an extension to be granted pursuant to subsection (c) of this section, all of the following findings must be made:

In granting an extension pursuant to subsection (c) of this section, the decision-maker(s) may modify the conditions of approval as it deems necessary in order to fulfill the purposes of these planning regulations.

Minor Modifications. The Director may approve minor modifications to approved plans or conditions of approval that are substantially consistent with the original findings and conditions of approval and would not intensify any potentially detrimental effects of the project.

Major Modifications. Modifications to approved plans or conditions of approval that are not deemed minor by the Director require the approval of the original decision-maker(s). Any person holding a permit granted under these planning regulations may apply for such modification by following the same procedure required for the initial application for the permit. Such modifications may be to the terms of the permit itself or to conditions of approval.

Indemnification. Applicant, its assignees, and successors-in-interest shall defend, hold harmless, and indemnify the City of Emeryville, the City of Emeryville as successor agency to the redevelopment agency, the Bay Cities Joint Powers Insurance Authority and their respective officials, officers, agents and employees (the indemnified parties) against all claims, demands, and judgments or other forms of legal and or equitable relief, which may or shall result from: (1) any legal challenge or referendum filed and prosecuted to overturn, set aside, stay or otherwise rescind any or all final project or zoning approvals, analysis under the California Environmental Quality Act or granting of any permit issued in accordance with the project; or (2) applicant's design, construction and/or maintenance of the public improvements set forth in the final building plans. Applicant shall pay for all direct and indirect costs associated with any action herein. Direct and indirect costs as used herein shall mean but not be limited to attorney's fees, expert witness fees, and court costs including, without limitation, City Attorney time and overhead costs and other City staff overhead costs and normal day-to-day business expenses incurred by the City including, but not limited to, any and all costs which may be incurred by the City in conducting an election as a result of a referendum filed to challenge the project approvals. The indemnified parties shall promptly notify the applicant, its assignees, and successors-in-interest of any claim, demand, or legal actions that may create a claim for indemnification under this section and shall fully cooperate with applicant, its assignees and successors-in-interest.

Irregularity in Proceedings. No action, inaction or recommendation regarding any application under these planning regulations shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission ("error") as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever unless, after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error was prejudicial or that injury was done if error was shown.

Replacement in kind.

Any work deemed by the Director to have a negligible visual effect.

Structures not visible from the public right-of-way or from public open space.

Landscaping less than five hundred (500) square feet.

Projects consistent with a previous design review, conditional use permit, variance, or planned unit development approval.

Accessory dwelling units, the design of which shall be reviewed as part of the zoning compliance review, pursuant to Section 9-5.1409.

Solar panels.

Exempt signs pursuant to Section 9-5.1605.

Exterior alterations required by State or Federal law or other public agencies.

Objective Design Review. The Director conducts objective design review in conjunction with zoning compliance review for multi-unit residential development applications and makes a decision to approve or deny the design. The Director shall review the application to determine whether the proposed project conforms to the applicable design standards as listed in the objective standards Section 9-7.1604 and related findings in Section 9-7.407. If the Director determines that the proposal conforms to the applicable objective design standards then objective design review shall be approved. If the Director determines that the proposal does not conform to the applicable objective design standards, the objective design review shall not be approved and the applicant shall be advised as to how the proposal could be brought into compliance.

Minor Design Review. The Director conducts minor design review and makes a decision to approve, approve with conditions, or deny the design. The Director, at his or her discretion, may refer any such application for design review to the Planning Commission for a decision, in which case the application shall be reviewed under the major design review procedures. Projects subject to minor design review include the following:

Major Design Review. A project that does not quality for minor design review pursuant to subsection (a) of this section and is not exempt from design review pursuant to Section 9-7.403 shall be subject to major design review. The Planning Commission conducts major design review and makes a decision to approve, approve with conditions, or deny the design. Design review that is combined with another permit application that requires Planning Commission approval shall be conducted by the Planning Commission under the major design review process. Design review that is associated with the demolition of a significant or residential structure, pursuant to Article 12 of Chapter 5, shall be conducted by the City Council under the major design review process.

Sidewalks and landscaping.

Parking and access.

Site planning.

Building massing.

Building form and articulation.

Architecture and building materials.

Open space.

Signs.

The design of the project is consistent with the General Plan, including but not limited to its urban design goals and policies.

The design of the project conforms to the Emeryville Design Guidelines and any other applicable design guidelines or criteria. For major and minor design review projects, if strict compliance with the provisions of such design guidelines or criteria is not achieved, the applicant must convincingly demonstrate that the intent of the guidelines or criteria is met.

Major and minor design review only: the project is of a high design quality that is compatible with, and will not adversely affect, the surrounding area.

The project is consistent with objective standards, including but not limited to standards listed in Section 9-7.1604.

Development on sites of one (1) to five (5) acres in the Mixed Use zones pursuant to Section 9-3.303(b)(2)(b).

Applying a single zoning district to a lot split by zoning district boundaries pursuant to Section 9-3.104.

Building intensity, height, and residential density regulations:

Required yards and open space regulations:

Parking and loading regulations:

Certain uses with special regulations:

Substitution, expansion, or reestablishment of certain nonconforming uses pursuant to Article 10 of Chapter 5.

Preservation and reuse, or demolition, of a significant or residential structure pursuant to Article 12 of Chapter 5.

Private property access from a City park, greenway, or other City property pursuant to Article 13 of Chapter 5.

Exceptions to unit mix and design requirements for multi-unit residential uses pursuant to Section 9-5.2005.

Any other use or situation indicated as requiring a conditional use permit in these planning regulations.

Minor Conditional Use Permits. The Director considers and makes decisions to approve, approve with conditions, or deny minor conditional use permit applications. The Director, at his or her discretion, may refer any such application for a minor conditional use permit to the Planning Commission for a decision, in which case the application shall be reviewed under the major conditional use permit procedures. Minor conditional use permits include the following:

Major Conditional Use Permits. A use or situation that requires a conditional use permit but does not qualify for a minor conditional use permit pursuant to subsection (a) of this section shall be subject to a major conditional use permit. The Planning Commission considers and makes decisions to approve, approve with conditions, or deny major conditional use permit applications. A conditional use permit application that is combined with another permit application that requires Planning Commission approval shall be considered by the Planning Commission under the major conditional use permit process. A conditional use permit to demolish a significant or residential structure, pursuant to Article 12 of Chapter 5, shall be considered by the City Council under the major conditional use permit process.

The proposed use is consistent with the General Plan.

The location, size, coverage, density, design and operating characteristics of the proposed use will be compatible with, and will not adversely affect, the surrounding area, including neighborhood character, street design and capacity, safety, noise, and lighting.

The proposed use is consistent with the capability of the water supply, wastewater disposal, fire, and police systems to operate adequately and cost effectively.

The proposed use at its proposed location will provide a service or facility that will contribute to the general well-being of the surrounding neighborhood or community.

The proposed use complies with all applicable standards and requirements of these planning regulations.

On-site temporary construction offices and on-site contractors' storage yards, including debris containers.

On-site offices for real estate sales or rental.

Garage and yard sales operated by a resident of the premises where such sales operate for a period of less than two (2) days per quarter per year.

Any use operating on a public street or sidewalk, including, but not limited to, farmers' markets as regulated by Chapter 35 of Title 5, and Mobile Food Vendors and other vendors, peddlers, and solicitors as regulated by Chapter 27 of Title 5.

Any other temporary uses otherwise regulated by the Emeryville Municipal Code, including, but not limited to, community events regulated by Chapter 23 of Title 5.

The proposed use will not adversely affect adjacent properties, their owners and occupants, or the surrounding neighborhood.

The proposed use will not interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use.

The proposed use will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas.

The proposed use will not conflict with the intent or requirements of any design review permit, conditional use permit, variance, or planned unit development applicable to the subject property.

Appropriate controls are in place that will ensure that the premises will be kept clean, sanitary, and free of litter.

One (1) Time Temporary Uses (as defined in Section 9-2.104(b)(1)):

Recurring Temporary Uses (as defined in Section 9-2.104(b)(2)): one (1) year.

Any construction or other work shall conform to all applicable codes.

Fire protection and access for fire vehicles shall be maintained, as specified by the Fire Marshal.

All signage shall comply with the sign regulations in Article 16 of Chapter 5.

The site of the temporary use shall be maintained free of weeds, litter, and debris for the duration of the temporary use.

The site of the temporary use shall be completely cleaned and all trash, debris, signs, sign supports, and temporary structures and electrical and/or plumbing service shall be removed, within three (3) days following the date specified for termination of the temporary use.

There are special circumstances or conditions applicable to the property, such as size, shape, topography, location, surroundings, or existing structures, which do not apply generally to uses, land or structures in the vicinity and in the same zoning district.

Due to the special circumstances applicable to this property, strict application of the regulation from which a variance is sought would deprive the property owner of privileges enjoyed by other property owners in the same zoning district.

Special circumstances applicable to the property were or are not self-imposed by the property owner.

Authorization of the variance would substantially meet the intent and purpose of the zoning district in which the subject property is located and would not be detrimental to the health, safety, and general welfare of persons living or working in the neighborhood or to the general welfare of the City.

The proposal for which the variance is sought is consistent with the General Plan.

Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of these planning regulations would deprive the property owner of privileges enjoyed by the owners of other property in the vicinity and in the same zoning district.

The variance is necessary for the preservation and enjoyment of substantial property rights possessed by other conforming property in the vicinity and in the same zoning district and the variance, if granted, would not constitute a special privilege of the recipient inconsistent with limitations on other properties in the vicinity and in the same zoning district.

Granting the variance would not be materially detrimental to the public health, safety, or welfare and would not impair an adequate supply of light and air to adjacent property.

The conditions upon which the requested variance is based would not be applicable, generally, to other property in the same zoning district.

Minimum yards in the residential zones, up to one-third (1/3) of the required setback.

Maximum height of fences and freestanding walls in the residential zones.

Minimum landscaping, up to ten percent (10%) of required landscaping for sites or parking lots.

Parking space dimensions, up to five percent (5%) of length and/or width for no more than ten percent (10%) of spaces.

Individual establishment sign dimensions up to five percent (5%) of any linear dimension or ten percent (10%) of any area dimension; provided, that the maximum aggregate sign area for the establishment is not exceeded.

The proposal for which the exception is sought is consistent with the General Plan.

Strict compliance with these planning regulations would preclude an effective design solution improving livability, operational efficiency, or appearance.

The proposal for which the exception is sought would fulfill the basic intent of the applicable regulation.

The proposal for which the exception is sought would comply with the applicable design review criteria at Section 9-7.406.

The proposal for which the exception is sought would be compatible with, and would not adversely affect, the surrounding area, and would not be detrimental to the health or safety of the public or the occupants of the property.

In order to make specific housing available to an individual with a disability, any person may request a reasonable accommodation in the rules, policies, practices and procedures regulating the siting, funding, development or use of housing by completing the form for requesting an accommodation and filing it with the Department.

If an individual needs assistance in making the request for reasonable accommodation, the Department/ADA Coordinator shall provide the assistance necessary to ensure that the process is accessible to the applicant.

A request for reasonable accommodation in rules, policies, practices and/or procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. Accordingly, the request may be filed at the outset or during the zoning or subdivision approval process.

When a request for reasonable accommodation is filed with the Department, it is referred to the ADA Coordinator and Planning and Building Director or his or her designee for review and consideration. The Director shall issue a written decision within forty-five (45) days of the date of the application and may grant the reasonable accommodation request, grant with modifications, or deny the request.

If necessary to reach a decision on the request for reasonable accommodation, the Director may request further information from the applicant consistent with the Act, specifying in detail what information is required.

Not more than forty-five (45) days after receiving a written request for reasonable accommodation, the Director shall issue a written decision on the request to the applicant and adjacent owners of the property which is the subject of the request for reasonable accommodation; provided, that in the event that the Director requests further information pursuant to subsection (b) of this section, the running of this period shall be tolled (stopped) until the applicant responds to the request.

That the housing which is the subject of the request for reasonable accommodation will be used by an individual protected under the Act;

That the request for accommodation is necessary to make specific housing available to an individual protected under the Act;

That the requested accommodation would not impose an undue financial or administrative burden on the City;

That the requested accommodation would not require a fundamental alteration in the nature of a program; and

That there are no alternative reasonable accommodations which may provide an equivalent level of benefit to the applicant.

The Director's written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the Director's findings on the criteria set forth in Section 9-7.905. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process as set forth below. The Director's notice of decision shall be sent to the applicant by certified mail.

If the Director fails to render a written decision on the request for reasonable accommodation within the time period allotted by Section 9-7.904, the request shall be deemed denied.

Any person may appeal the decision of the Director to the Planning Commission as provided in Article 14 of this chapter by filing the appeal of decision of fair housing accommodation request form to be provided by the Department with the written decision.

An appellant may request reasonable accommodation in the procedure by which an appeal will be conducted. If an appellant needs assistance in filing an appeal, the Department shall provide the assistance that is necessary to ensure that the appeal process is accessible to the applicant.

All appeals shall contain a statement of the grounds for the appeal.

PUD Zone and Preliminary Development Plan. The Planning Commission in recommending, and the City Council in approving, the creation of a PUD zone and the adoption of a preliminary development plan must make all of the following findings:

Final Development Plan. In approving a final development plan, the Planning Commission must make both of the following findings:

Area. The minimum area of a proposed planned unit development must be no less than one (1) acre. Pursuant to Section 9-3.303(b)(2), a development in the Mixed Use zones on a site of one (1) to five (5) acres may, at the applicant's option, be processed as a planned unit development, and on a site of more than five (5) acres, must be processed as a planned unit development.

Uses. A planned unit development may authorize uses that are not permitted in the base zone in which the site was located prior to adoption of the PUD, but may not authorize uses inconsistent with the General Plan land use designation of the site. A proposed planned unit development on a site that was located in a Mixed Use zone prior to adoption of the PUD must include a mix of uses as specified in Section 9-3.303(b).

Overlay Zones. The regulations for overlay zones, as specified in Article 4 of Chapter 3, shall apply to new PUDs approved under these planning regulations, but shall not apply to PUDs approved prior to the adoption of these planning regulations.

Development Standards. A planned unit development may modify any of the standards in Chapter 4, Site Development Regulations, except those that are set by the General Plan, including building intensity (floor area ratio), height, and residential density. A planned unit development must provide public benefits pursuant to Section 9-4.204 to qualify for bonus floor area ratio, height, and/or residential density.

Subdivision Map. When a planned unit development requires the submission of a subdivision map, the tentative map and all supporting documents shall be prepared and submitted concurrently with the preliminary development plan, and the final map and all supporting documents shall be prepared and submitted concurrently with the final development plan. This requirement does not preclude subsequent submission and approval of an application for a subdivision map.

Persons Eligible to Apply.

Form and Contents. The form and contents of the proposed preliminary development plan shall be as follows:

Accompanying Data and Reports. The proposed preliminary development plan shall be accompanied by the following data and reports:

Tentative Map. As appropriate, a tentative subdivision map may be submitted concurrently with the preliminary development plan.

Timing. Unless otherwise provided by an approved preliminary development plan or development agreement, within twenty-four (24) months of approval of the preliminary development plan by the City Council, the applicant shall file with the Planning Division a final development plan for the entire development or, when submission in phases has been authorized by the City Council pursuant to its review of the preliminary development plan, for the first phase of development. This time limit may be extended by the City Council pursuant to the procedures in Article 2 of this chapter, Common Procedures.

Form and Contents. The final development plan shall substantially conform to the approved preliminary development plan. In addition to any other application requirements as specified in Article 2 of this chapter, Common Procedures, an application for a final development plan shall include the following:

Final Map. As appropriate, a final subdivision map may be submitted concurrently with the final development plan.

Applicants may, at their option, submit and file, at one (1) time, applications for both a preliminary development plan for all of the property, and a final development plan for all or some phases of the development.

After determining that the applications are complete, the Director shall schedule a hearing before the Planning Commission on both the preliminary and final development plans, pursuant to the applicable provisions of this article. Planning Commission approval of the final development plan shall be contingent upon City Council approval of the preliminary development plan.

The City Council shall take action on the preliminary development plan pursuant to Section 9-7.1008. A final development plan approved by the Planning Commission shall be final when the ordinance approving the preliminary development plan takes effect.

The development agreement is consistent with the General Plan and any applicable specific plan.

The development agreement is in the public interest.

Applicants. Only a qualified applicant may file an application to enter into a development agreement. A "qualified applicant" is a person who has legal or equitable interest in the real property which is the subject of the development agreement. The City Manager or his or her designee may require an applicant to submit proof of his or her interest in the real property. The City Manager may also require that all persons having a legal or equitable interest in the real property be made parties to the application and signatories to the development agreement, or otherwise assure the City, in form approved by the City Attorney, that they will be legally bound to comply with the terms and conditions of the development agreement; provided, that this requirement shall not apply to owners or claimants of interests in easements, whether of record or otherwise, or other interests not deemed material by the City Manager, unless the City Attorney determines that their agreement or undertaking to be bound by the development agreement is necessary for the development agreement to be effective in achieving the City's objectives. The burdens of the development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the development agreement. The qualified applicant and any successors in interest are referred to in this article as "developer," which shall include the plural in the case of an applicant consisting of more than one (1) party.

Property. The property to be the subject of the development agreement shall be situated within the City limits and shall represent an appropriate parcel or parcels, as to ownership and parcel configuration, size and location, as determined by the City Manager, to assure the development of the property consistent with the policies, goals, standards and objectives of the General Plan and applicable City ordinances, laws, rules, regulations and policies.

Every development agreement shall be for a specified initial term. Such terms may be extended, from time to time, as provided in the development agreement.

The development agreement shall specify (in the development agreement itself or by reference to other project approvals) the permitted uses of the property which is subject to the development agreement, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation and dedication of land for public purposes, the location of public improvements, and other applicable terms and conditions.

The development agreement may contain a requirement that construction be commenced within a specified period of time or that the project or any phase thereof be completed within a specified time. If the development agreement expressly does not specify the timing of the commencement or completion of the project, or any phase thereof, the development agreement may specify that it is deemed nevertheless to have dealt with the issue of timing; provided, however, that specific time requirements of any subsequent special permit, subdivision map or other land use entitlement shall govern.

The development agreement may contain a hold harmless agreement and an agreement to indemnify the City from suits and actions arising in connection with the development agreement, to the satisfaction of the City Attorney.

The development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions; provided, that such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the development agreement.

A development agreement may provide that it constitutes a financing agreement within the meaning and scope of California Government Code Section 53511.

The development agreement may contain such other provisions as the City Council deems appropriate.

The City Manager or designee shall, on an annual basis and at any other time that the City Manager determines to be appropriate, review the extent of good faith substantial compliance by the developer with the terms and conditions of the development agreement. Such periodic review shall be limited in scope to compliance with the terms and conditions of the development agreement pursuant to California Government Code Section 65865.1. The costs of notice and related costs incurred by the City for such annual review shall be borne by the developer.

Unless otherwise specified in a development agreement, the City Manager shall provide thirty (30) days' prior written notice of such periodic review to the developer. Such notice shall require the developer to demonstrate good faith compliance with the terms and conditions of the development agreement and to provide such other information as may be reasonably requested by the City Manager and deemed by him or her to be required in order to ascertain compliance with the development agreement. Such notice shall also include the statement that any review may result in amendment or termination of the development agreement.

If, following such review, the City Manager is not satisfied that the developer has demonstrated good faith compliance with all the terms and conditions of the development agreement, or for any other reason, the City Manager may refer the matter along with his or her recommendation to the City Council.

The City Council shall conduct a hearing on compliance at its first available agenda after referral by the City Manager. The City Council shall hear the matter de novo.

If the City Council finds and determines, on the basis of substantial evidence, that any developer has not complied in good faith with each and every term and condition of the development agreement, the City Council may terminate or modify the development agreement as to that developer and the property in which that developer holds an interest. Failure of any developer to accept a modification of the development agreement shall result in termination of the development agreement as to that developer and the property in which that developer holds an interest. Termination of the development agreement shall not affect any developer's obligations to comply with the terms and conditions of any applicable zoning, specific plans, special permit, subdivision map or other land use entitlement approved with respect to the property subject to the development agreement, nor shall it affect other covenants of any developer specified in the development agreement to continue after the termination of the development agreement.

A finding by the City Manager or the City Council of good faith compliance by a developer with the terms and conditions of the development agreement shall conclusively determine the issue up to and including the date of the review as to such developer.

Failure of the City to conduct a periodic review shall not constitute a waiver by the City of its rights to enforce the provisions of a development agreement, nor shall a developer have or assert any defense to such enforcement by reason of such failure to conduct a periodic review.

Any qualified applicant as identified in Article 2 of this chapter, Common Procedures; or

An order of the City Council or Planning Commission, on its own motion or on the recommendation of the Director of Planning and Building.

Required Information. In addition to any other application requirements, an application for a General Plan amendment shall include a statement, supported by documentation, that describes how the proposed amendment conforms to the General Plan's guiding principles and the benefit to the public that will result from approving the proposed change or changes to the Plan.

Director's Report. The Director shall prepare a report and recommendation to the Planning Commission, which shall include, but is not limited to, a discussion of how the proposed amendment complies with the purposes of this article and the General Plan's guiding principles, and a determination as to whether the proposed amendment will require amendment to other plans that the City Council has adopted.

Planning Commission Recommendation. The Commission's recommendation shall be forwarded to the City Council for action on the proposed amendment except in the situation specified in Section 9-7.1206(a).

The proposed amendment will contribute to the public health, safety, and general welfare or will be of benefit to the public.

The proposed amendment is consistent with the General Plan's guiding principles, unless the guiding principles themselves are proposed to be amended.

The proposed amendment retains the internal consistency of the General Plan and is consistent with other adopted plans, unless concurrent amendment to those plans is also proposed and will result in consistency.

The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.

The proposed amendment complies with State law for the preparation, adoption, and amendment of general plans at California Government Code Section 65350 et seq.

Recommendation Against Private Application. If the amendment under consideration was initiated by an applicant pursuant to Section 9-7.1203(a), and the Planning Commission recommends against the adoption of such amendment, the application is denied and the City Council shall not be required to take any further action on the amendment unless the Planning Commission's decision is appealed pursuant to Article 14 of this chapter.

All Other Situations. Following the public hearing, the Planning Commission shall submit a recommendation on the proposed amendment and environmental determination to the City Council. The recommendation shall include the reasons for the recommendation; the extent to which the proposed amendment meets the purposes of this article; the consistency of the proposed amendment with the General Plan's guiding principles, other provisions of the General Plan, and any other adopted plan; and any changes to the amendment that the Commission deems necessary to ensure internal consistency of the General Plan and consistency with other adopted plans, or to reduce environmental impacts.

Any qualified applicant as identified in Article 2 of this chapter, Common Procedures; or

An order of the City Council or Planning Commission, on its own motion or on the recommendation of the Director of Planning and Building.

The proposed amendment is consistent with the General Plan.

The proposed amendment is necessary for public health, safety, and general welfare or will be of benefit to the public.

The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.

For a change to the Zoning Maps, that the subject property is suitable for the uses permitted in the proposed zone in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations, and that the proposed change of zoning district is not detrimental to the use of adjacent properties.

Recommendation Against Amendment to Rezone Property. If the matter under consideration is an amendment to change property from one (1) zone to another, and the Planning Commission recommends against the adoption of such amendment, the application is denied and the City Council shall not be required to take any further action on the amendment unless the Planning Commission's decision is appealed pursuant to Article 14 of this chapter.

All Other Situations. Following the public hearing, the Planning Commission shall submit a recommendation on the proposed amendment and environmental determination to the City Council. The recommendation shall include the reasons for the recommendation; the extent to which the proposed amendment meets the purposes of this article; the compatibility of the proposed amendment with the General Plan and any other adopted plan; and any changes to the amendment that the Commission deems necessary to comply with the General Plan and other adopted plans, or to reduce environmental impacts.

In the event that an appeal period ends on a Saturday, Sunday, or City holiday, the appeal period shall end at the close of business on the next City business day.

The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of building permits and business licenses.

If a basis of the appeal is that the Director's or the Commission's action constituted a taking of the subject property or any part thereof under the California or United States Constitutions, that ground and all evidence (including specific financial data and analyses, if any) and argument in support thereof shall be clearly stated as a separate ground of the appeal, or it shall be waived. If specific evidence is not presented as part of the appeal, the appellant shall be deemed to have waived any claim to sworn testimony and cross-examination.

Transmission of Record. The Director shall forward the appeal, decision letter or other documentation of the decision, and all other documents that constitute the record, to the Planning Commission. The Director shall also prepare a staff report that responds to the issues raised by the appeal and that may include a recommendation for action, and shall set the matter for consideration at the next available Planning Commission meeting.

Planning Commission Action. The Planning Commission shall review the appeal, the record, and any written correspondence submitted after the appeal has been filed, and shall either:

Public Notice. If the Commission votes to conduct a public hearing, notice shall be provided in the same manner as required for the action that was the subject of the appeal pursuant to the provisions of Article 2 of this chapter, Common Procedures. Notice shall also be provided to all persons who spoke on the matter at any prior hearings or submitted written comments only if they provided their names and addresses at the time they spoke at the prior hearing.

Planning Commission Action on Appeal. Within thirty (30) days after closing the public hearing, the Commission shall either:

Majority Vote Required. An action to grant an appeal shall require a majority vote of Planning Commission members present and voting. A tie vote shall have the effect of rejecting the appeal.

Commission's Decision Is Final. The decision of the Planning Commission is final and may not be appealed to the City Council.

Transmission of Record. The Director shall forward the appeal, decision letter or other documentation of the decision, and all other documents that constitute the record, to the City Clerk for forwarding to the City Council. The Director shall also prepare a staff report that responds to the issues raised by the appeal and that may include a recommendation for action. The City Clerk shall set the matter for consideration at the next available City Council meeting.

City Council Action on Appeal. The Council shall review the appeal, the record, and any written correspondence submitted after the appeal has been filed, and shall either:

Public Notice. If the Council votes to conduct a public hearing, notice shall be provided in the same manner as required for the action that was the subject of the appeal pursuant to the provisions of Article 2 of this chapter, Common Procedures. Notice shall also be provided to all persons who spoke on the matter at any prior hearings or submitted written comments only if they provided their names and addresses at the time they spoke at the prior hearing. In addition, the Planning Commission may be represented at the hearing.

City Council Action on Appeal. Within sixty (60) days after closing the public hearing, the City Council shall either:

Majority Vote Required. An action to grant an appeal shall require a majority vote of City Council members present and voting. A tie vote shall have the effect of rejecting the appeal.

The Director of Planning and Building or his or her designee is responsible for enforcing the provisions of this title, and shall investigate all violations and suspected violations and ascertain the nature of the violation and its location, the names of the parties to the violation, and the number of the section of this title that has been violated.

All departments, officials, and public employees of the City vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this title. Any such permit or license issued in conflict with the provisions of this title shall be null and void.

Ordering the cessation of the use in whole or in part.

Imposing reasonable conditions upon any continued operation of the use, including those uses that constitute existing nonconforming uses.

Requiring continued compliance with any conditions so imposed.

Requiring the user to guarantee that such conditions shall in all respects be complied with.

Imposing additional conditions or ordering the cessation of the use in whole or in part upon a failure of the user to comply with any conditions so imposed.

Initiation. Proceedings under this section to terminate, modify or condition (hereinafter abate or, if context requires, abatement) any use, structure or building may be initiated by resolution of the Planning Commission or the City Council on its own motion or following recommendation by the Director of Planning and Building. The resolution shall identify the use, building, or structure being considered, identify the property involved, set forth the reason or reasons for the proposed abatement, and fix a time and place for a public hearing on the proposed abatement. In the case of proceedings initiated by the Council, the resolution shall refer the matter for a public hearing before the Commission. A resolution initiating abatement proceedings may be adopted without a public hearing.

Notice. Upon initiation of abatement proceedings, the Director shall give notice of a public hearing before the Commission as required by Article 2 of this chapter, Common Procedures.

Public Hearing. The Planning Commission shall hold a public hearing conducted as required by Article 2 of this chapter, Common Procedures, and shall provide for testimony by City staff and the owner of the use, structure, or property that is the subject of the proceeding. Any other interested person shall also be given an opportunity to provide testimony.

Action. The Planning Commission shall consider the staff report and the evidence, testimony, and facts presented at the hearing before taking action. If the Commission finds that the use, building, or structure constitutes a nuisance, it may impose any remedy as provided for in this title.

Decision and Notice. After the Commission takes abatement action, the Director shall issue a notice of action describing the Commission's action, with its findings. The Director shall mail the notice to the permit holder and to any person who has requested such notification by filing a written request with the Director, and shall file a copy of the notice of action with the City Clerk. The Clerk shall present the notice of action to the Council at its next regular meeting. A decision to abate a nuisance shall become effective at the end of the appeal period unless appealed.

Appeals. A decision to abate a nuisance may be appealed to the City Council pursuant to Article 14 of this chapter. Upon receiving an appeal, the City Clerk shall schedule and notice a hearing before the Council as required by Article 2 of this chapter, Common Procedures. Following the hearing the Council shall decide whether the use, structure or building constitutes a nuisance as defined by this article. If the Council finds, based on the testimony, that the use, structure or building constitutes a nuisance, it may impose any remedy provided for in this title. If the Council finds that the use, structure or building is not a nuisance, it shall reverse the decision of the Commission.

City Attorney Action. The City Attorney shall, upon order of the City Council, or on his or her own initiative, immediately commence action or proceedings for the abatement and removal and enjoinment of said public nuisance in the manner prescribed by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building contrary to the provisions of this chapter.

If there is not compliance with an order to correct violations of this title within the time specified in the order, the City Manager may file for recording in the office of the Alameda County Recorder a notice of violation describing the property and certifying that:

Whenever the ordered corrections have been completed, the City Manager shall file for recording in the office of the Alameda County Recorder a new statement certifying that all required corrections have been made so that the property and/or structure is no longer in violation of this title.

Grounds for Revocation or Modification. A permit may be revoked or modified pursuant to the provisions of this article upon a finding of any one (1) or more of the following grounds:

Initiation of Action. An action to revoke or modify a permit may be initiated by order of the City Council or Planning Commission, whichever granted or modified the permit, on its own motion or on the request of any City officer; provided, however, that the City Council may initiate an action to revoke or modify any permit granted or modified by the Planning Commission. An action to revoke or modify a permit granted or modified by the Director of Planning and Building may be initiated by order of the City Council or Planning Commission on its own motion or on the request of any City officer. The order shall set forth grounds for revocation or modification.

Revocation Procedure. The Planning Commission shall hold an evidentiary hearing, in accordance with the provisions of Article 2 of this chapter, Common Procedures, regarding the order proposing the revocation or modification of a permit. The Commission shall conduct the hearing according to the following procedure:

Planning Commission Recommendation. At the conclusion of the public hearing, the Planning Commission may, on the basis of the evidence presented at the hearing, make a finding on any one (1) or more of the grounds listed in subsection (a) of this section and make a recommendation to the City Council to revoke or modify the permit.

City Council Action.

Related Permits. In addition to the remedies provided above, any person violating a provision of this title or failing to comply with the mandatory requirements of this title shall be subject to having any other related permits and/or any related business license revoked by the issuing authority for said violation.

Automatic Revocation of Permit. If a permit is granted or modified subject to one (1) or more conditions, such permit shall cease to be valid, and all rights or privileges granted thereby shall lapse, notwithstanding any other provisions of this title to the contrary, whenever there becomes final any judgment of a court of competent jurisdiction declaring one (1) or more of such conditions to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one (1) or more of such conditions.

Applicability. Ministerial approvals are those that require no discretion on the part of the City. A project that does not require a planning permit under these planning regulations, as defined in Section 9-8.216(y), shall be deemed to be ministerial for purposes of these planning regulations.

Procedure. Ministerial approvals shall be processed pursuant to the zoning compliance review procedures in Article 3 of this chapter.

Standards. Ministerial approvals shall be subject only to the applicable objective development standards, which include but may not be limited to those standards listed in Section 9-7.1604(a).

Conversion to Discretionary Approval. During the course of project review, an applicant may request that a ministerial application be converted into a discretionary approval if all of the standards specified in subsection (c) of this section for a ministerial approval cannot be met. The project shall then be processed pursuant to Section 9-7.1603.

Applicability. Discretionary approvals are those that require discretion on the part of the City. A project that requires a planning permit under these planning regulations, as defined in Section 9-8.216(y), shall be deemed to be discretionary for purposes of these planning regulations.

Procedure. Discretionary approvals shall be processed pursuant to the applicable procedures in this chapter.

Standards. Discretionary approvals shall be subject to the applicable objective development standards listed in Section 9-7.1604(a) and to all other applicable standards, regulations and guidelines of these planning regulations and the Emeryville Design Guidelines, and any other applicable criteria.

Deviations. Discretionary approvals may deviate from the standards and regulations of these planning regulations by following the applicable procedures, including, but not limited to, conditional use permits, design review permits, exceptions to standards, and variances.

General.

Uses.

Sidewalks and Public Realm.

Site Design.

Bicycle and Pedestrian Access.

Vehicular Parking and Access.

Utilities/Back of House.

Open Space.

Lighting, Landscaping and Stormwater.

Building Design.

Facade Articulation.

Unit Design.

Sustainability.