CHAPTER 6.
INTERIM ZONING REGULATIONS
Sections:
Article 1. General Provisions
9-6.101 Title
9-6.102 Purpose
9-6.103 References
9-6.104 Zoning Ordinance Remains in Effect
9-6.105 Consistency with General Plan
9-6.106 Procedures
Article 2. Zoning Districts
9-6.201 Purpose
9-6.202 Zoning Ordinance Provisions Superseded
9-6.203 Base Zones
9-6.204 Overlay Zones
9-6.205 Zoning Maps
Article 3. Zoning District Regulations
9-6.301 Purpose
9-6.302 Zoning Ordinance Provisions Superseded
9-6.303 Uses Permitted, Conditionally Permitted, and Prohibited
9-6.304 Special Regulations in the Residential Zones
9-6.305 Special Regulations in the Mixed Use Zones
9-6.306 Special Regulations in the OT Office/Technology Zone
9-6.307 Special Regulations in the IND Industrial Zone
9-6.308 Special Regulations in the PUB Public Zone
9-6.309 Special Regulations in the MAR Marina Zone
9-6.310 Special Regulations in the POS Park/Open Space Zone
9-6.311 Special Regulations in the S-M Shoreline Management Zone
9-6.312 Special Regulations in the RR Regional Retail Overlay Zone
9-6.313 Special Regulations in the NR Neighborhood Retail Overlay Zone
9-6.314 Use Regulations and Standards in All or Several Zones
Article 4. Dimensional, Intensity, And Density Regulations
9-6.401 Purpose
9-6.402 Zoning Ordinance Provisions Superseded
9-6.403 Setbacks
9-6.404 Residential Density
9-6.405 Building Intensity
9-6.406 Height
9-6.407 Bonuses
Article 5. Required Findings
9-6.501 Purpose
9-6.502 Uses in the Mixed Use Zones
9-6.503 Uses in the OT Office/Technology Zone
9-6.504 Uses in the IND Industrial Zone
9-6.505 Uses in the MAR Marina Zone
9-6.506 Uses in the POS Park/Open Space Zone
9-6.507 Uses in the RR Regional Retail Overlay Zone
9-6.508 Uses in the NR Neighborhood Retail Overlay Zone
9-6.509 Density, Height, and Floor Area Ratio Bonuses
Article 6. Definitions
9-6.601 Purpose
9-6.602 Definitions of Terms
9-6.603 Use Groups
Article 1. General Provisions
9-6.101 Title.
This chapter shall be known and cited as the “Interim Zoning Regulations of the City of Emeryville” or the “Interim Zoning Regulations.”
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.102 Purpose.
The purpose of these Interim Zoning Regulations is to implement the Emeryville General Plan adopted by the City Council by Resolution No. 09-208 on October 13, 2009, until such time as a new Zoning Ordinance is enacted.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.103 References.
As used in this chapter:
(a) “General Plan” refers to the Emeryville General Plan adopted by the City Council by Resolution No. 09-208 on October 13, 2009.
(b) “General Plan Land Use Map” refers to Figure 2-2 of the General Plan entitled “Land Use Diagram.”
(c) “General Plan Floor Area Ratio Map” refers to Figure 2-3 of the General Plan entitled “Maximum Floor Area Ratios.”
(d) “General Plan Height Map” refers to Figure 2-4 of the General Plan entitled “Maximum Building Heights.”
(e) “General Plan Residential Density Map” refers to Figure 2-6 of the General Plan entitled “Maximum Residential Densities.”
(f) “Zoning Ordinance” refers to the ordinance codified in Chapter 4 of this title.
(g) “Zoning Districts Map” refers to the map entitled “Zoning Districts” adopted by the City Council by Resolution No. 05-46 on March 15, 2005, and subsequently amended.
(h) Sections beginning with 9-4 refer to sections of the Zoning Ordinance.
(i) Sections beginning with 9-6 refer to sections of this chapter.
(j) See Article 6 of this chapter for definitions of other terms and concepts used in this chapter.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.104 Zoning Ordinance Remains in Effect.
The Zoning Ordinance shall remain in effect except as it is explicitly superseded by provisions in this chapter.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.105 Consistency with General Plan.
These Interim Zoning Regulations are intended to be consistent with the General Plan. Should any provisions of this chapter be determined inconsistent with the General Plan, the General Plan shall prevail. The Director of Planning and Building shall have the authority to determine the extent of any such inconsistency and issue a decision to resolve the matter. The Director’s decision may be appealed to the Planning Commission as provided in Article 88 of the Zoning Ordinance.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.106 Procedures.
The procedures for obtaining permits and other approvals are contained in Articles 80 through 99 of the Zoning Ordinance. Variances from residential density, floor area ratio, and height limits are not possible because these are prescribed in the General Plan. Any proposed deviation from the prescribed residential density, floor area ratio, or height limit requires a General Plan Amendment pursuant to Article 81 of the Zoning Ordinance.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
Article 2. Zoning Districts
9-6.201 Purpose.
The purpose of this article is to establish “zoning districts” or “zones” consistent with the General Plan and certain provisions of the Zoning Ordinance.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.202 Zoning Ordinance Provisions Superseded.
The provisions of this article supersede Section 9-4.2.2 and Articles 10 through 39 and Article 57 of the Zoning Ordinance.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.203 Base Zones.
Base zones are hereby established consistent with the General Plan and certain provisions of the Zoning Ordinance. The descriptions of the base zones in this section are to be construed only as statements of intent, and are not regulatory; for regulations of uses within these zones, see Article 3 of this chapter. The base zones are as follows:
(a) RH High Density Residential. Mid- or high-rise residential development generally at maximum densities over sixty (60) units per acre. Small-scale businesses, offices, retail, services, and other commercial uses on the ground floor are included.
(b) RMH Medium High Density Residential. Low- or mid-rise residential development generally at maximum densities ranging from fifty (50) to sixty (60) units per acre. Incidental retail uses that serve the neighborhood are also included.
(c) RM Medium Density Residential. Low-rise residential development generally at maximum densities ranging from twenty (20) to thirty-five (35) units per acre, including single-family detached and attached housing, and multifamily housing types. Incidental retail uses that serve the neighborhood are also included.
(d) MUR Mixed Use with Residential. One (1) or more of a variety of residential and nonresidential uses, including but not limited to offices, retail and hotels. On larger sites, a mix of residential and nonresidential uses is required; on smaller sites, a single use is allowed.
(e) MUN Mixed Use with Nonresidential. One (1) or more of a variety of nonresidential uses, including but not limited to offices, retail and hotels. On larger sites, more than one (1) use is required; on smaller sites, a single use is allowed.
(f) OT Office/Technology. Administrative, financial, business, professional, medical and public offices, research and development, biotechnology, and media production facilities. Warehousing and distribution facilities and retail are included in the district as secondary uses only, except in the Doyle Hollis North Area, defined in Section 9-6.306(b).
(g) IND Industrial. A range of industrial and high technology uses, including light manufacturing, repair, testing, printing, service commercial, and biotechnology uses. West of Hollis Street north of 65th Street general manufacturing uses are included. East of Hollis Street and along Horton Street between Powell Street and Stanford Avenue new general manufacturing uses are not included, but existing general manufacturing uses can continue as conforming uses and may be expanded with a conditional use permit subject to performance standards for noise, air quality, and truck traffic, to safeguard adjacent residential uses. Unrelated retail and commercial uses that could be more appropriately located elsewhere in the city are not included, except for offices, subject to appropriate standards.
(h) PUB Public. A variety of public and quasi-public uses, including government offices, fire and police facilities, schools, community services, transit stations and related facilities.
(i) MAR Marina. Marinas, limited retail, and recreation facilities and restaurants with a waterfront orientation.
(j) POS Park/Open Space. Parks, recreation facilities, and greenways for the general community, and open space for habitat conservation.
(k) S-M Shoreline Management. Shoreline areas of San Francisco Bay as designated by the Emeryville Shoreline Protection Ordinance of 1987. Structures are prohibited and only uses pertaining to parks, recreation, and habitat conservation are allowed. All uses, including accessory uses, must comply with the Shoreline Protection Ordinance.
(l) PUD Planned Unit Development. A group of residential, commercial, industrial or institutional buildings, or a mixture thereof, where the entire site is planned in such a manner as to permit flexibility in physical design, achieve attractive physical designs which encourage large-scale site planning, and ensure that the goals, policies and standards of the City are established early in the formation of such development proposals. New planned unit developments are subject to the provisions of this chapter; existing planned unit developments are not subject to the provisions of this chapter. Uses and development regulations in existing PUDs shall be as stipulated in the various ordinances establishing the PUDs, as listed below. Existing planned unit developments include:
(1) Pixar Animation Studios. Created by Ordinance No. 94-014 passed on December 6, 1994, and subsequently amended by Ordinance No. 98-003 passed on May 19, 1998, Ordinance No. 98-005 passed on May 19, 1998, and Ordinance No. 04-004 passed on June 1, 2004.
(2) Novartis (Chiron) Life Sciences Center. Created by Ordinance No. 95-006 passed on August 15, 1995, and subsequently amended by Ordinance No. 01-001 passed on June 5, 2001.
(3) Promenade Retail Project (Emery Village Center). Created by Ordinance No. 94-014 passed on December 6, 1994, and subsequently amended by Ordinance No. 98-003 passed on May 19, 1998, Ordinance No. 98-005 passed on May 19, 1998, and Ordinance No. 99-003 passed on April 20, 1999.
(4) Watergate Office Tower Complex. Created by Ordinance No. 99-007 passed on July 20, 1999.
(5) Bay Street (South Bayfront Retail/Mixed Use Project). Created by Ordinance No. 99-009 passed on September 21, 1999.
(6) Marketplace Redevelopment Project. Created by Ordinance No. 08-004 passed on August 5, 2008.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009; Sec. 3 (Exh. A (part)), Ord. 10-014, eff. Nov. 4, 2010)
9-6.204 Overlay Zones.
Overlay zones are hereby established consistent with the General Plan and certain provisions of the Zoning Ordinance. The descriptions of the overlay zones in this section are to be construed only as statements of intent, and are not regulatory; for regulations of uses within these zones, see Article 3 of this chapter. The overlay zones are as follows:
(a) RR Regional Retail. This overlay is intended to reflect sites that are appropriate for retail uses that serve as a regional draw. Stores can be small in size (such as at Bay Street) or large (such as IKEA). For sites with this overlay, one hundred percent (100%) of the building area can be retail, while the uses in the underlying base zone are also included.
(b) NR Neighborhood Retail. This designation is intended for four (4) neighborhood centers, and is intended for stores and restaurants/cafes that serve the local community. Establishments shall generally be smaller sized, lending themselves to the pedestrian-oriented nature of the centers; however, larger establishments, such as supermarkets, that serve the local community and are designed appropriately with a pedestrian orientation are also included. Retail and eating and drinking establishments can comprise up to one hundred percent (100%) of the building area. A majority of the ground floor area, and a significant portion of the frontage along any public street, shall be devoted to retail or other active uses such as restaurants and cafes.
(c) N-H North Hollis Overlay District. An overlay zone created by Ordinance No. 02-006 passed on June 4, 2002, to implement the North Hollis Area Urban Design Program, including the Design Guidelines, which was adopted by the City Council by Resolution No. 02-052 on April 16, 2002. Regulations for the North Hollis Overlay District are as stipulated in Article 42 of the Zoning Ordinance.
(d) P-A Park Avenue Overlay District. An overlay zone created by Ordinance No. 07-003 passed on March 6, 2007, to implement the Park Avenue District Plan, which was adopted by the City Council by Resolution No. 06-158 on August 15, 2006. Regulations for the Park Avenue Overlay District are as stipulated in Article 43 of the Zoning Ordinance, except that provisions related to floor area ratio in Section 9-4.43.7 are superseded by the provisions of this chapter. The use regulations of Article 43 are reflected in Table 9-6.303 of this chapter for reference.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.205 Zoning Maps.
The zones established by Sections 9-6.203 and 9-6.204 are delineated on the following maps, which are made a part of this chapter by this reference:
(a) General Plan Land Use Map.
(1) Base zones listed in Sections 9-6.203(a) through (j) are as shown on the General Plan Land Use Map, except as these are superseded by the S-M Shoreline Management and PUD Planned Unit Development zones as specified in subsection (b) of this section.
(2) The RR Regional Retail and NR Neighborhood Retail overlay zones listed in Sections 9-6.204(a) and (b) are as shown on General Plan Land Use Map.
(b) Zoning Districts Map.
(1) The S-M Shoreline Management and PUD Planned Unit Development zones listed in Sections 9-6.203(k) and (l) are as shown on the Zoning Districts Map and supersede the base zones listed in 9-6.203(a) through (j) as shown on General Plan Land Use Map.
(2) The N-H North Hollis and P-A Park Avenue overlay zones listed in Sections 9-6.204(c) and (d) are as shown on the Zoning Districts Map.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
Article 3. Zoning District Regulations
9-6.301 Purpose.
The purpose of this article is to establish use and development regulations in the base and overlay zones, except existing PUD Planned Unit Developments, the N-H North Hollis Overlay District and the P-A Park Avenue Overlay District.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.302 Zoning Ordinance Provisions Superseded.
The provisions of this article supersede Articles 10 through 39, Article 57, and Section 9-4.55.10 of the Zoning Ordinance.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.303 Uses Permitted, Conditionally Permitted, and Prohibited.
Uses, as classified in Article 4 of the Zoning Ordinance, are permitted, conditionally permitted, or prohibited in base and overlay zones as indicated in Table 9-6.303. Permitted uses are indicated by a “P,” conditionally permitted uses are indicated by a “C,” and prohibited uses are indicated by an “X.” Conditionally permitted uses are allowed upon the granting of a conditional use permit pursuant to Article 82 of the Zoning Ordinance and any additional findings that may be required by Article 5 of this chapter. Use regulations in the overlay zones supersede those of the base zones. Where the indication in an overlay zone for a particular use is blank, the regulation of the base zone for that use is unchanged. Additional provisions are as indicated in the notes following the table and in the following sections of this article.
|
Uses: |
Base Zones: |
Overlay Zones: |
|||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
RH High Density Residential |
RMH Medium High Density Residential |
RM Medium Density Residential |
MUR Mixed Use with Residential |
MUN Mixed Use with Nonresidential |
OT Office/Technology Except Doyle Hollis North Area |
OT Office/Technology Doyle Hollis North Area |
IND Industrial |
PUB Public |
MAR Marina |
POS Park/Open Space |
S-M Shoreline Management |
RR Regional Retail |
NR Neighborhood Retail |
P-A Park Avenue District |
|
|
RESIDENTIAL |
|||||||||||||||
|
Family Residential |
|||||||||||||||
|
Single-family detached |
P |
P |
P |
C4 |
X |
X |
X |
X |
X |
P11 |
X |
X |
|||
|
Two-family |
P |
P |
P |
C4 |
X |
X |
X |
X |
X |
X |
X |
X |
|||
|
Single-family semiattached |
P |
P |
P |
C4 |
X |
X |
X |
X |
X |
X |
X |
X |
|||
|
Townhouse |
P |
P |
P |
P4 |
X |
X |
X |
X |
X |
X |
X |
X |
|||
|
Multifamily |
P |
P |
C |
P4 |
X |
X |
X |
X |
X |
X |
X |
X |
|||
|
Group Residential |
X |
C |
C |
C4 |
X |
X |
X |
X |
X |
X |
X |
X |
|||
|
Residential Second Unit |
P |
P |
P |
C4 |
X |
X |
X |
X |
X |
X |
X |
X |
|||
|
Mobile Home Parks |
C |
C |
C |
X |
X |
X |
X |
X |
X |
X |
X |
X |
|||
|
CIVIC |
|||||||||||||||
|
Administrative Services |
C |
C |
C |
C4 |
C4 |
P |
P |
C6 |
P |
P |
X |
X |
|||
|
Community Education |
C |
C |
C |
C4 |
C4 |
C |
C |
C |
P |
C |
X |
X |
|||
|
Community Recreation |
C |
C |
C |
C4 |
C4 |
C |
C |
C |
P |
C12 |
C |
X |
|||
|
Convalescent Services |
C |
C |
C |
C4 |
C4 |
C |
X |
X |
X |
X |
X |
X |
|||
|
Cultural and Library Services |
C |
C |
C |
P4 |
P4 |
C |
C |
C |
P |
C |
C |
X |
|||
|
Day Care Services |
|||||||||||||||
|
Day care centers |
C |
C |
C |
C4 |
C4 |
C |
C |
X |
C |
X |
X |
X |
|||
|
Large family day care homes |
C |
C |
C |
C4 |
X |
X |
X |
X |
X |
X |
X |
X |
|||
|
Essential Services |
P |
P |
P |
P4 |
P4 |
P |
P |
P |
P |
P |
C |
X |
|||
|
Group Care |
C |
C |
X |
C4 |
C4 |
C |
C |
X |
C |
X |
X |
X |
|||
|
Hospital Services |
C |
C |
X |
C4 |
C4 |
C |
C |
X |
C |
X |
X |
X |
|||
|
Major Public Services |
C |
C |
C |
C4 |
C4 |
C |
C |
C |
C |
C |
X |
X |
|||
|
Park and Recreation |
C |
C |
C |
C4 |
C4 |
C |
P |
C |
P |
P |
P |
C15 |
|||
|
Public Parking Services |
C |
C |
X |
C4 |
C4 |
C |
C |
C |
C |
C |
X |
X |
|||
|
Religious Assembly |
C |
C |
C |
C4 |
C4 |
C |
C |
X |
X |
X |
X |
X |
|||
|
Safety Services |
C |
C |
C |
C4 |
C4 |
C |
C |
C |
P |
C |
X |
X |
|||
|
Utility Services |
C |
C |
C |
C4 |
C4 |
C |
C |
C |
C |
C |
X |
X |
|||
|
COMMERCIAL |
|||||||||||||||
|
Administrative and Business Offices |
C1 |
C |
C |
P4 |
P4 |
P |
P |
C6 |
X |
C |
X |
X |
|||
|
Adult Entertainment |
X |
X |
X |
X |
X |
X |
X |
C7 |
X |
X |
X |
X |
|||
|
Animal Sales and Services |
|||||||||||||||
|
Grooming and pet stores |
C1 |
C2 |
X |
P4 |
P4 |
C |
C |
X |
X |
X |
X |
X |
C16 |
C17 |
|
|
Kennels |
X |
X |
X |
C4 |
C4 |
C |
C |
C |
X |
X |
X |
X |
|||
|
Veterinary |
C1 |
X |
X |
C4 |
C4 |
C |
C |
X |
X |
X |
X |
X |
C17 |
||
|
Automotive and Equipment |
|||||||||||||||
|
Automotive rentals |
X |
X |
X |
C4 |
C4 |
C |
C |
X |
X |
X |
X |
X |
|||
|
Automotive repairs |
X |
X |
X |
C4 |
C4 |
C |
C |
X |
X |
X |
X |
X |
X17 |
||
|
Automobile sales |
X |
X |
X |
C4 |
C4 |
C |
C |
X |
X |
X |
X |
X |
C16 |
X17 |
|
|
Cleaning |
X |
X |
X |
C4 |
C4 |
C |
C |
X |
X |
X |
X |
X |
C16 |
X17 |
|
|
Commercial parking |
C |
C |
X |
C4 |
C4 |
C |
C |
C |
X |
X |
X |
X |
C16 |
||
|
Equipment repair and sales |
X |
X |
X |
X |
X |
X |
C |
C |
X |
X |
X |
X |
X17 |
||
|
Storage of operable vehicles |
X |
X |
X |
X |
X |
X |
X |
C |
X |
X |
X |
X |
X17 |
||
|
Building Maintenance Services |
X |
X |
X |
C4 |
C4 |
C |
P |
P |
X |
X |
X |
X |
|||
|
Commercial Recreation |
|||||||||||||||
|
Amusement Center |
X |
X |
X |
C4 |
C4 |
C |
X |
X |
X |
X |
X |
X |
C16 |
||
|
Gaming |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
C17 |
||
|
Indoor entertainment |
X |
X |
X |
C4 |
C4 |
C |
C |
C |
X |
X |
X |
X |
C16 |
C17 |
|
|
Indoor sports and recreation |
C1 |
C2 |
C3 |
C4 |
C4 |
C |
C |
C |
X |
X |
X |
X |
C16 |
C17 |
|
|
Outdoor entertainment |
X |
X |
X |
C4 |
C4 |
C |
C |
C |
C |
C12 |
C |
C15 |
|||
|
Outdoor sports and recreation |
C |
C |
X |
C4 |
C4 |
C |
C |
C |
C |
C12 |
C |
C15 |
|||
|
Construction Sales and Service |
X |
X |
X |
C4 |
C4 |
C |
C |
P |
X |
X |
X |
X |
C16 |
||
|
Convenience Sales and Services |
C1 |
C2 |
C3 |
C4 |
C4 |
C |
C |
C8 |
X |
C12 |
X |
X |
C17 |
||
|
Eating and Drinking Establishments |
|||||||||||||||
|
Convenience |
C1 |
C2 |
C3 |
C4 |
C4 |
C |
C |
C8 |
C |
C12 |
C14 |
X |
P17 |
||
|
Full-Service |
C1 |
C2 |
C3 |
C4 |
C4 |
C |
C |
C |
C |
C12 |
C14 |
X |
C16 |
P17 |
|
|
Financial Services |
C1 |
X |
X |
C4 |
C4 |
P |
P |
X |
X |
X |
X |
X |
C16 |
P17 |
|
|
Firearms and Ammunition Sales |
X |
X |
X |
X |
X |
X |
X |
C19 |
X |
X |
X |
X |
X |
X |
|
|
Food and Beverage Retail Sales Services |
X |
X |
X |
C4 |
C4 |
C |
C |
X |
X |
X |
X |
X |
C16 |
P17 |
|
|
Funeral and Interment |
X |
X |
X |
X |
X |
X |
X |
C |
X |
X |
X |
X |
X17 |
||
|
Gasoline Sales |
X |
X |
X |
X |
C4 |
X |
X |
C |
X |
C13 |
X |
X |
C16 |
X17 |
X |
|
Lodging Services |
X |
X |
X |
P4 |
P4 |
X |
X |
X |
X |
C |
X |
X |
|||
|
Medical Services |
C1 |
X |
X |
C4 |
C4 |
P |
C |
X |
X |
X |
X |
X |
C17 |
||
|
On-Premises Liquor Sales |
X |
X |
X |
C4 |
C4 |
C |
C |
C8 |
X |
C |
X |
X |
C17 |
||
|
Personal Services |
C1 |
C2 |
C3 |
C4 |
C4 |
C |
P |
X |
X |
X |
X |
X |
P17 |
||
|
Professional Services |
C1 |
C |
C |
P4 |
P4 |
P |
P |
C6 |
X |
C |
X |
X |
|||
|
Repair Services |
C1 |
C2 |
X |
C4 |
C4 |
C |
P |
P |
X |
X |
X |
X |
C17 |
||
|
Research Services |
X |
X |
X |
C4 |
C4 |
P |
P |
P |
X |
X |
X |
X |
|||
|
Retail Sales |
C1 |
C2 |
C3 |
P4 |
P4 |
C5 |
C |
C8 |
X |
C12 |
C14 |
X |
C16 |
P17 |
|
|
Transportation Services |
X |
X |
X |
C4 |
C4 |
C |
C |
C |
X |
X |
X |
X |
X17 |
||
|
INDUSTRIAL |
|||||||||||||||
|
Custom Manufacturing |
X |
X |
X |
C4 |
C4 |
C |
P |
P |
X |
X |
X |
X |
|||
|
General Industrial |
X |
X |
X |
X |
X |
X |
X |
C9 |
X |
X |
X |
X |
X17 |
||
|
Hazardous Waste Facility |
|||||||||||||||
|
Small Scale Hazardous Waste Transfer and Storage Facility |
X |
X |
X |
X |
C4 |
C |
C |
C |
X |
X |
X |
X |
X17 |
X |
|
|
Industrial Hazardous Waste Transfer/Storage/ Treatment Facility |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X17 |
X |
|
|
High Technology |
X |
X |
X |
C4 |
C4 |
P |
C |
P |
X |
X |
X |
X |
|||
|
Inoperable Vehicle Storage |
X |
X |
X |
X |
X |
X |
X |
C |
X |
X |
X |
X |
X17 |
||
|
Laundry Services |
X |
X |
X |
C4 |
C4 |
C |
C |
P |
X |
X |
X |
X |
X17 |
||
|
Light Manufacturing |
X |
X |
X |
C4 |
C4 |
C |
C |
P |
X |
X |
X |
X |
|||
|
Personal Storage |
X |
X |
X |
C4 |
C4 |
C |
C |
C |
X |
X |
X |
X |
X17 |
X |
|
|
Wholesaling and Distribution |
|||||||||||||||
|
Light |
X |
X |
X |
X |
C4 |
C5 |
C |
P |
X |
X |
X |
X |
X17 |
||
|
Heavy |
X |
X |
X |
X |
X |
X |
X |
C |
X |
X |
X |
X |
X17 |
||
|
Live/Work18 |
|||||||||||||||
|
Light18 |
C |
C |
C |
C4 |
C4 |
C |
X |
C10 |
X |
X |
X |
X |
|||
|
Heavy18 |
X |
X |
X |
X |
X |
X |
X |
C10 |
X |
X |
X |
X |
|||
|
Notes: |
1. |
See Section 9-6.304(a)(1). |
|
2. |
See Section 9-6.304(a)(2). |
|
|
3. |
See Section 9-6.304(a)(3). |
|
|
4. |
||
|
5. |
||
|
6. |
||
|
7. |
See Section 9-6.307(b). |
|
|
8. |
||
|
9. |
See Section 9-6.307(d). |
|
|
10. |
See Section 9-6.307(e). |
|
|
11. |
See Section 9-6.309(a). |
|
|
12. |
||
|
13. |
See Section 9-6.309(c). |
|
|
14. |
||
|
15. |
See Section 9-6.311. |
|
|
16. |
||
|
17. |
||
|
18. |
Live/work uses are as defined in Sections 9-4.3.16(f) and (g), and as regulated in Article 58 of the Zoning Ordinance. See Section 9‑6.602(b) for definitions of “Light live/work” and “Heavy live/work.” |
|
|
19. |
See Section 9-6.307. |
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009; Sec. 5 (part), Ord. 10-009, eff. July 1, 2010; Sec. 3 (Exh. A (part)), Ord. 10-014, eff. Nov. 4, 2010)
9-6.304 Special Regulations in the Residential Zones.
(a) Limitations on Certain Commercial Uses. In the residential zones, certain commercial uses, as indicated in Table 9-6.303, are permitted on the ground floor only, and are subject to the following restrictions:
(1) RH High Density Residential Zone. Each such individual establishment shall not exceed fifteen thousand (15,000) gross square feet.
(2) RMH Medium High Density Residential Zone. Each such individual establishment shall not exceed ten thousand (10,000) gross square feet and shall be local-serving.
(3) RM Medium Density Residential Zone. Each such individual establishment shall not exceed five thousand (5,000) gross square feet and shall be local-serving.
(b) Commercial Hauling Prohibited. Commercial hauling businesses are not permitted as home occupations in the residential zones.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.305 Special Regulations in the Mixed Use Zones.
(a) Sites of Less Than One (1) Acre. Developments on sites of less than one (1) acre in the mixed use zones may be comprised of a single use, as prescribed in Section 9-6.303.
(b) Sites of One (1) to Five (5) Acres. Developments on sites of at least one (1) acre but less than five (5) acres in the mixed use zones must be approved pursuant to the conditional use permit procedure at Article 82 of the Zoning Ordinance, or, at the applicant’s option, pursuant to the planned unit development procedure at Article 85 of the Zoning Ordinance. A mix of use groups is required pursuant to subsection (d) of this section, except that a single use, as prescribed in Section 9-6.303, may be allowed upon the granting of a conditional use permit pursuant to Article 82 of the Zoning Ordinance and the additional finding required by Section 9-6.502.
(c) Sites of Five (5) Acres or More. On sites of five (5) acres or more in the mixed use zones, a mix of use groups is required pursuant to subsection (d) of this section. Such developments must be approved pursuant to the planned unit development procedure at Article 85 of the Zoning Ordinance.
(d) Mix of Use Groups. As used in subsections (b) and (c) of this section, a “mix of use groups” means:
(1) MUR Mixed Use with Residential Zone. The development must include uses from two (2) or more of the use groups defined in Section 9-6.603, one (1) of which must be the residential group. Additional uses, as prescribed in Section 9-6.303, are also allowed.
(2) MUN Mixed Use with Nonresidential Zone. The development must include uses from two (2) or more of the use groups defined in Section 9-6.603, one (1) of which may not be the residential group. Additional uses, as prescribed in Section 9-6.303, are also allowed.
The exact mix of uses shall be determined through the conditional use permit or planned unit development approval process.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.306 Special Regulations in the OT Office/Technology Zone.
(a) Limitations on Certain Commercial Uses. Retail sales and light wholesaling and distribution uses are conditionally permitted only if they are secondary to other permitted or conditionally permitted uses in the OT Zone. This subsection does not apply to the Doyle Hollis North Area, defined below.
(b) Uses in the Doyle Hollis North Area.
(1) Doyle Hollis North Area. The Doyle Hollis North Area (“DHNA”) comprises the area bounded by 62nd, Hollis, 64th, and Doyle Streets.
(2) Existing Uses. Existing uses in the DHNA may continue as conforming uses.
(3) New and Expanded Uses. New and expanded uses in the DHNA shall be subject to the provisions of the OT Office/Technology Zone as stipulated in Table 9-6.303, and the use indications in Table 9-6.303 for the OT Office/Technology Zone are modified as described below. The modifications listed below are reflected in Table 9-6.303 in the column entitled OT Office Technology Doyle Hollis North Area.
|
Permitted: |
|
|
Building Maintenance Services |
|
|
Personal Services |
|
|
Park and Recreation |
|
|
Repair Services |
|
|
Custom Manufacturing |
|
|
Conditionally Permitted: |
|
|
Automotive and Equipment: Equipment repair and sales |
|
|
Medical Services |
|
|
High Technology |
|
|
Prohibited: |
|
|
Convalescent Services |
|
|
Commercial Recreation: Amusement Center |
|
|
Live/Work: Light |
|
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009; Sec. 3 (Exh. A (part)), Ord. 10-014, eff. Nov. 4, 2010)
9-6.307 Special Regulations in the IND Industrial Zone.
(a) Limitations on Office Uses. Office uses shall be designed and operated so as not to interfere with other nearby uses that are permitted or conditionally permitted in the IND Zone.
(b) Adult Entertainment. Adult entertainment uses are as regulated in Article 60 of the Zoning Ordinance, except that references to the I-G General Industrial District are replaced by the IND Industrial Zone established by this chapter.
(c) Limitations on Certain Commercial Uses. Retail and convenience type uses, and on-premises liquor sales, are limited to those primarily intended to serve the immediate surrounding area.
(d) Limitations on General Industrial Uses.
(1) West of Hollis Street north of 65th Street, general industrial uses are permitted with a conditional use permit.
(2) East of Hollis Street, and along Horton Street between Powell Street and Stanford Avenue, new general industrial uses are not permitted, but existing general industrial uses may continue as conforming uses and may be expanded upon the granting of a conditional use permit pursuant to Article 82 of the Zoning Ordinance subject to the Class A performance standards as stipulated in Article 59 of the Zoning Ordinance.
(e) Limitations on Live/Work Uses.
(1) West of Hollis Street north of 65th Street, only heavy live/work is permitted with a conditional use permit; light live/work is prohibited.
(2) East of Hollis Street, and along Horton Street between Powell Street and Stanford Avenue, only light live/work is permitted with a conditional use permit; heavy live/work is prohibited.
(f) Firearms and Ammunition Sale. Firearms and ammunition sale uses are as regulated in Article 69 of the Zoning Ordinance.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009; Sec. 5 (part), Ord. 10-009, eff. July 1, 2010)
9-6.308 Special Regulations in the PUB Public Zone.
(None).
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.309 Special Regulations in the MAR Marina Zone.
(a) Limitations on Residential Uses. Live-aboard boats are permitted; all other residential uses are prohibited.
(b) Limitations on Certain Civic and Commercial Uses. Retail, recreation, and food service uses must have a waterfront orientation.
(c) Limitations on Gasoline Sales Uses. Fuel docks dispensing fuel for boats are conditionally permitted; all other gasoline sales uses are prohibited.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.310 Special Regulations in the POS Park/Open Space Zone.
(a) Limitations on Certain Commercial Uses. Food service and retail uses must be oriented to park users, and are limited to a total floor area of no more than twenty percent (20%) of the park area.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.311 Special Regulations in the S-M Shoreline Management Zone.
(a) Uses. All uses, including accessory uses, must comply with the Emeryville Shoreline Protection Ordinance of 1987.
(b) Structures. Structures are not permitted.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.312 Special Regulations in the RR Regional Retail Overlay Zone.
(a) Conditionally Permitted Uses. Conditionally permitted uses may occupy one hundred percent (100%) of the building area; provided, that they are regional-serving.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.313 Special Regulations in the NR Neighborhood Retail Overlay Zone.
(a) Permitted Uses. Uses indicated as permitted in the NR Neighborhood Retail overlay zone column of Table 9-6.303 are only permitted if they have all of the following characteristics:
(1) Are local-serving;
(2) Are located on the ground floor;
(3) Have a gross floor area of five thousand (5,000) square feet or less;
(4) Have a pedestrian orientation with a main entrance facing the public sidewalk that will remain open to the general public during normal business hours;
(5) Do not include alcoholic beverage sales, except full service eating and drinking establishments;
(6) Do not include check cashing services;
(7) Have hours of operation no earlier than 7:00 a.m. daily, and no later than 10:00 p.m., Monday through Saturday, and 9:00 p.m. on Sunday; and
(8) Provide at least two (2) bicycle parking racks accommodating a total of at least four (4) bicycles on the sidewalk near the main entrance.
(b) Conditionally Permitted Uses. In addition to uses indicated as conditionally permitted in Table 9-6.303, any uses indicated as permitted but not having all of the characteristics listed in subsection (a) of this section shall require a conditional use permit.
(c) Prohibited Uses. Uses indicated as prohibited in the NR zone in Table 9-6.303 are not allowed, even if they are permitted or conditionally permitted in the base zone.
(d) Off-Street Parking and Loading. Local-serving uses having a gross floor area of five thousand (5,000) square feet or less are exempt from the off-street parking and loading requirements stipulated in Article 55 of the Zoning Ordinance.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.314 Use Regulations and Standards in All or Several Zones.
(a) Use Regulations. The following use regulations shall apply in all or several zones, as indicated:
(1) Factory-Built Housing. Factory-built housing shall be treated the same as conventional site-built housing.
(2) Mobile Homes on Individual Lots. Mobile homes on individual lots shall be treated the same as single-family dwellings.
(3) Small Family Day Care. Small family day care homes located in single-family dwellings shall be treated the same as a single-family dwellings.
(4) Large Family Day Care. Large family day care homes are subject to the applicable provisions of Article 56 of the Zoning Ordinance.
(5) Special Residential Care Facilities. Special residential care facilities located in single-family dwellings shall be permitted as residential uses subject to the applicable provisions of Article 56 of the Zoning Ordinance.
(6) Residential Second Units. Residential second units are subject to the applicable provisions of Article 56 of the Zoning Ordinance.
(7) Accessory Uses. Accessory uses and structures are subject to the provisions of Article 5 of the Zoning Ordinance.
(8) Home Occupations. Home occupations are permitted in any legal residential unit, subject to the applicable provisions of Article 5 of the Zoning Ordinance.
(9) Open Storage. Open storage in any zone shall require a conditional use permit pursuant to Article 82 of the Zoning Ordinance except in the S-M Shoreline Management zone where it is prohibited.
(10) Drive-in Facilities. Drive-in facilities are prohibited in all zones except the RR Regional Retail Overlay Zone, where they shall require a conditional use permit pursuant to Article 82 of the Zoning Ordinance and the additional findings required by Section 9-6.507.
(b) Standards. The following standards shall apply in all or several zones, as indicated:
(1) Setbacks. The minimum setbacks of buildings from lot lines, referred to in this chapter as “yards,” shall be as prescribed in Section 9-6.403.
(2) Residential Density. Maximum residential density shall be as prescribed in Section 9-6.404.
(3) Building Intensity. The maximum floor area ratio of buildings shall be as prescribed in Section 9-6.405.
(4) Height. The maximum height of buildings and structures shall be as prescribed in Section 9-6.406.
(5) Minimum Dwelling Area. In the RH High Density Residential, RMH Medium High Density Residential, and RM Medium Density Residential zones, each dwelling unit shall have a minimum gross floor area of not less than five hundred (500) square feet.
(6) Minimum Lot Size. There is no minimum lot size in any zone.
(7) Landscaping, Buffering and Screening. Landscaping, buffering, and screening shall be provided pursuant to the provisions of Article 54 of the Zoning Ordinance.
(8) Off-Street Parking and Loading. Off-street parking and loading shall be provided pursuant to the provisions of Article 55 of the Zoning Ordinance, with the following exceptions:
(i) Certain uses in the NR Neighborhood Retail overlay zone are exempt from off-street parking and loading requirements, as stipulated in Section 9-6.313(d).
(ii) Parking provided pursuant to Section 9-4.55.10 shall require a conditional use permit rather than a variance, and shall be subject only to the findings in Sections 9-4.55.10(3)(i) and (ii), except that references to a variance in such findings are replaced by references to a conditional use permit.
(iii) The parking requirement for research services and high technology uses shall be one and one-half (1-1/2) spaces per one thousand (1,000) square feet.
(9) Bicycle Parking. Bicycle parking shall be provided pursuant to the provisions of Article 68 of the Zoning Ordinance.
(10) Vehicular Access. All lots shall have vehicular access from a dedicated street or alley. Access to all off-street parking and loading areas shall conform to requirements of the City Engineer and shall be subject to modification during review of the site plan.
(11) Lighting. All lighting, interior or exterior, shall be designed and located so as to confine all direct rays to the premises on which it is located.
(12) Multiple Uses. The provisions of this chapter supersede the standards for multiple-use developments contained in Article 57 of the Zoning Ordinance.
(13) Live/Work Space. The standards for live/work space are contained in Article 58 of the Zoning Ordinance.
(14) Performance Standards. All development shall be subject to the performance standards as set forth in Article 59 of the Zoning Ordinance.
(15) Signs. The standards for signs are contained in Article 61 of the Zoning Ordinance.
(16) Affordable Housing. All new residential projects of thirty (30) or more dwelling units, including live-work units, shall be subject to the affordable housing set-aside program as prescribed in Article 62 of the Zoning Ordinance.
(17) Water Reuse. The requirements for the use of recycled water are contained in Article 63 of the Zoning Ordinance.
(18) Demolition of Structures.
(i) Demolition of Tier 1 and Tier 2 buildings in the Park Avenue District shall be subject to the requirements of Article 64 of the Zoning Ordinance.
(ii) Demolition of structures containing residential units, including live/work units, shall be subject to the requirements of Article 65 of the Zoning Ordinance.
(iii) Demolition of significant nonresidential structures outside the Park Avenue District shall be subject to the requirements of Article 67 of the Zoning Ordinance.
(19) Sidewalk Cafes. Sidewalk cafes shall be subject to the requirements of Article 66 of the Zoning Ordinance.
(20) Condominium Conversions. Conversion of existing residential buildings to condominiums shall be subject to the requirements of Article 7 of Chapter 3 of this title.
(21) Noise. Regulations regarding noise, including construction noise, are set forth in Chapter 13 of Title 5. These are in addition to the performance standards set forth in Article 59 of the Zoning Ordinance.
(22) Medical Marijuana Dispensaries. Medical marijuana dispensaries are prohibited pursuant to Chapter 28 of Title 5.
(23) Tobacco Shops. Pursuant to Section 5-29.10, retail or wholesale tobacco shops are prohibited from being located within one thousand feet (1,000') of public or private schools and parks, greenways and playgrounds. “Retail or wholesale tobacco shop,” as defined in Section 5-29.02(p), means any business establishment that derives fifty percent (50%) or more of gross receipts from the sale or exchange of tobacco products or any other weed, plant or combustible substance, including medicinal marijuana, or tobacco paraphernalia.
(24) Stormwater Treatment. Development projects are subject to the applicable requirements of the Stormwater Treatment Design, Management, and Discharge Control Program set forth in Chapter 13 of Title 6.
(25) Street Trees. Maintenance, planting, and removal of street trees are subject to the requirements of the Urban Forestry Ordinance set forth in Chapter 10 of Title 7.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
Article 4. Dimensional, Intensity, and Density Regulations
9-6.401 Purpose.
The purpose of this article is to prescribe minimum required setbacks and maximum permitted residential density, building intensity, and height, for buildings and structures in all zoning districts; and to prescribe bonus density, intensity, and heights that may be conditionally permitted.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.402 Zoning Ordinance Provisions Superseded.
The provisions of this article supersede Sections 9-4.3.10(f) and 9-4.43.7, and Articles 51 and 52 of the Zoning Ordinance.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.403 Setbacks.
The minimum setbacks of buildings from lot lines, referred to in this chapter as “yards,” shall be as prescribed in Table 9-6.403. General requirements for yards shall be as prescribed in Article 53 of the Zoning Ordinance.
|
Required Yard: |
Residential Zones: |
All Other Zones: |
|||
|---|---|---|---|---|---|
|
RH High Density Residential and RMH Medium High Density Residential |
RM Medium Density Residential |
Abutting a Lot in a Residential Zone |
Not Abutting a Lot in a Residential Zone |
||
|
Front |
If the two (2) adjacent lots are developed:1 |
Average of front yards on the adjacent lots. |
Where street frontage abuts a lot in a residential zone, setback from street line shall be the same as required on the adjacent residential lot.2 |
None. |
|
|
If only one (1) of the adjacent lots is developed:1 |
Same as front yard on developed lot but not less than five feet (5'). |
Same as front yard on developed lot but not less than ten feet (10'). |
|||
|
If neither of the adjacent lots is developed: |
Five feet (5') |
Ten feet (10') |
|||
|
Corner lot, whether or not adjacent lots are developed: |
Five feet (5') |
Ten feet (10') |
|||
|
Street Side |
Three feet (3') |
||||
|
Interior Side |
Three feet (3') |
Ten feet (10'), plus an additional two feet (2') for each one foot (1') by which the height of the building on the nonresidential lot exceeds thirty feet (30'). |
None. |
||
|
Rear |
Fifteen feet (15') |
||||
|
Notes: |
1. |
Detached garages and accessory buildings shall not be considered in determining existing front yards. |
|
2. |
Where a lot has frontage on two (2) streets, and both such frontages are adjacent to property in a residential zone, the setback from the street line on each frontage shall be the same as required on the adjacent residential lot. |
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.404 Residential Density.
(a) The maximum density of residential uses in dwelling units per acre shall be as prescribed on the General Plan Residential Density Map. This map is made a part of this chapter by this reference. The residential density districts prescribed on this map are:
|
20/35 |
Permitted: up to 20 units per acre; |
Bonus: up to 35 units per acre. |
|
50/60 |
Permitted: up to 50 units per acre; |
Bonus: up to 60 units per acre. |
|
85/110 |
Permitted: up to 85 units per acre; |
Bonus: up to 110 units per acre. |
|
100/135 |
Permitted: up to 100 units per acre; |
Bonus: up to 135 units per acre. |
|
115/170 |
Permitted: up to 115 units per acre; |
Bonus: up to 170 units per acre. |
(b) Where there is no residential density district shown on the General Plan Residential Density Map, residential uses are not permitted.
(c) Interpretation of Residential Density Map. If a lot is in two (2) or more residential density zones on the General Plan Residential Density Map, the density indicated on the map shall apply to each portion of the lot; provided, that the density for the entire lot may be increased up to the maximum density applicable to any portion of the lot upon the granting of a conditional use permit pursuant to Article 82 of the Zoning Ordinance if both of the following conditions are met:
(1) At least fifty percent (50%) of the lot area is already covered by the zone with the maximum residential density; and
(2) The entire lot could be included in said zone by shifting the residential density zone boundary by not more than fifty feet (50') as measured perpendicularly to said boundary at any point.
If subsections (c)(1) and (2) of this section do not apply, the maximum permissible number of dwelling units for the lot shall be calculated based on the residential densities that apply to each portion of the lot. However, the resulting dwelling units may be located anywhere on the lot, subject to applicable maximum floor area ratios, height limits, setbacks, and any other dimensional requirements.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.405 Building Intensity.
(a) The maximum floor area ratio (FAR) of buildings shall be as prescribed on the General Plan Floor Area Ratio Map. This map is made a part of this chapter by this reference. The floor area ratio districts prescribed on this map are:
|
0.5 |
Permitted: up to 0.5 FAR; |
Bonus: none. |
|
1.0 |
Permitted: up to 1.0 FAR; |
Bonus: none. |
|
1.2/1.6 |
Permitted: up to 1.2 FAR; |
Bonus: up to 1.6 FAR. |
|
2.0/3.0 |
Permitted: up to 2.0 FAR; |
Bonus: up to 3.0 FAR. |
|
3.0/4.0 |
Permitted: up to 3.0 FAR; |
Bonus: up to 4.0 FAR. |
|
4.0/6.0 |
Permitted: up to 4.0 FAR; |
Bonus: up to 6.0 FAR. |
(b) Where there is no FAR shown on the General Plan Floor Area Ratio Map, buildings and structures are not permitted.
(c) Interpretation of Floor Area Ratio Map. If a lot is in two (2) or more floor area ratio zones on the General Plan Floor Area Ratio Map, the floor area ratio indicated on the map shall apply to each portion of the lot; provided, that the floor area ratio for the entire lot may be increased up to the maximum floor area ratio applicable to any portion of the lot upon the granting of a conditional use permit pursuant to Article 82 of the Zoning Ordinance if both of the following conditions are met:
(1) At least fifty percent (50%) of the lot area is already covered by the zone with the maximum floor area ratio; and
(2) The entire lot could be included in said zone by shifting the floor area ratio zone boundary by not more than fifty feet (50') as measured perpendicularly to said boundary at any point.
If subsections (c)(1) and (2) of this section do not apply, the maximum permissible floor area for the lot shall be calculated based on the floor area ratios that apply to each portion of the lot. However, the resulting floor area may be located anywhere on the lot, subject to applicable height limits, setbacks, and any other dimensional requirements.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009; Sec. 3 (Exh. A (part)), Ord. 10-014, eff. Nov. 4, 2010)
9-6.406 Height.
(a) The maximum height of buildings and structures shall be as prescribed on the General Plan Height Map. This map is made a part of this chapter by this reference. The height districts prescribed on this map are:
|
30 |
Permitted: up to 30 feet; |
Bonus: none. |
|
30/55 |
Permitted: up to 30 feet; |
Bonus: up to 55 feet. |
|
55/75 |
Permitted: up to 55 feet; |
Bonus: up to 75 feet. |
|
75/100 |
Permitted: up to 75 feet; |
Bonus: up to 100 feet. |
|
100+ |
Permitted: up to 100 feet; |
Bonus: over 100 feet. |
(b) Where there is no height district shown on the General Plan Height Map, buildings and structures are not permitted.
(c) Exceptions to Height Limits. No building and structure shall exceed the height limits except as provided in this section. The following structures may be permitted to extend up to ten feet (10') above the maximum height limits; provided, that any extension above ten feet (10') shall require a conditional use permit pursuant to Article 82 of the Zoning Ordinance:
(1) Chimneys;
(2) Domestic radio and television antennas; provided, however, that satellite dish antennas shall not extend above the maximum height limits;
(3) Fire and parapet walls;
(4) Roof structures for the housing of air conditioners, elevators, stairways, tanks, ventilating fans and similar equipment;
(5) Skylights;
(6) Unoccupiable building space;
(7) Other appurtenances normally incidental to principal buildings and structures.
(d) Interpretation of Height Map. If a lot is in two (2) or more height zones on the General Plan Height Map, the height limit indicated on the map shall apply to each portion of the lot; provided, that the height limit for the entire lot may be increased up to the maximum height limit applicable to any portion of the lot upon the granting of a conditional use permit pursuant to Article 82 of the Zoning Ordinance if both of the following conditions are met:
(1) At least fifty percent (50%) of the lot area is already covered by the zone with the maximum height limit; and
(2) The entire lot could be included in said zone by shifting the height zone boundary by not more than fifty feet (50') as measured perpendicularly to said boundary at any point.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.407 Bonuses.
(a) Procedure. Except in the RM Medium Density Residential Zone, bonus residential densities, floor area ratios, and/or heights, as specified in this article, may be permitted upon the granting of a conditional use permit pursuant to Article 82 of the Zoning Ordinance and the additional findings required in Section 9-6.509 if public benefits as specified in this section are provided. Such public benefits are not required in the RM Medium Density Residential Zone.
(b) Public Benefits. To be eligible for bonus residential density, floor area ratio, and/or height, a project must provide significant public benefits substantially beyond normal requirements in the following areas:
(1) Public Open Space. Publicly accessible and readily usable parks and/or plazas constituting at least ten percent (10%) of the site area.
(2) Family Friendly Development. In residential projects, three (3) bedroom or larger housing units constitute at least ten percent (10%) of the total number of units, and amenities for children, such as play structures.
(3) Sustainable Design. LEED gold or platinum certification or equivalent.
(4) Transportation Demand Management. Facilities and programs to encourage residents and/or tenants to use other travel modes besides single occupant vehicles and to reduce vehicle miles traveled, such as showers and lockers, car sharing pods, bicycle sharing programs, free transit passes, carpool matching services, free carpool parking, parking cash-out programs, unbundled parking, electric vehicle charging stations, alternative work schedules, telecommuting, and on-site day care.
(5) Public Right-of-Way Improvements. Improvements to the public right-of-way, including sidewalk areas, beyond normal improvements required along the property frontage.
(6) Undergrounding of Utility Wires. Undergrounding existing overhead utility wires that are not along the project’s immediate frontage, including those across the street or on adjacent blocks.
(7) Public Parking. Motor vehicle and bicycle parking available to the general public.
(8) Neighborhood Centers. Along major streets in the NR Neighborhood Center overlay zone, at least seventy-five percent (75%) of the ground floor frontage devoted to space appropriate for, and actively marketed to, uses listed in Section 9-6.313(a). Such space must have a depth of at least thirty feet (30') and a ceiling height of at least twelve feet (12'). At least one (1) space must be provided with a vent shaft for a kitchen flue and space for a grease interceptor to allow for a possible eating and drinking establishment use.
(9) Recycled Water. Dual plumbing in buildings for the future use of recycled water for toilet flushing, cooling towers, and other appropriate uses.
(10) Small Businesses. Facilities and programs to attract and retain small businesses, including at least ten percent (10%) of the gross building area configured as tenant spaces of no more than five thousand (5,000) square feet, consideration of commercial condominiums or rent subsidies, and active marketing efforts targeted to small businesses.
(11) Water Reuse. On-site gray water or rain water collection and reuse facilities.
(12) Alternative Energy. On-site wind power, solar power, or cogeneration facilities.
(13) Public Art. On-site public art substantially exceeding the requirements of the Art in Public Places Program.
(14) Alternative Public Benefit. A currently undefined public benefit as proposed by the applicant which the City Council, on the recommendation of the Planning Commission, determines provides a public benefit which is “significant” and “substantially beyond normal requirements” so as to warrant the granting of the bonus.
(c) Determination of Bonus. Projects providing public benefits in one (1) of the areas listed in subsection (b) of this section are eligible for one-third (1/3) of the bonus residential density, floor area ratio, and/or height. Projects providing public benefits in two (2) of these areas are eligible for two-thirds (2/3) of the bonus. Projects providing public benefits in three (3) or more of these areas are eligible for the full bonus. In considering a conditional use permit for bonus residential density, floor area ratio, and/or height, the Planning Commission or City Council, as the case may be, shall determine whether the public benefits provided are “significant” and “substantially beyond normal requirements” so as to warrant the granting of the bonus. Notwithstanding the foregoing, the Planning Commission or City Council, as the case may be, may determine whether one (1) public benefit is sufficiently “significant” and “substantially beyond normal requirements” so as to warrant the granting of all or part of the full bonus.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
Article 5. Required Findings
9-6.501 Purpose.
The purpose of this article is to prescribe findings for the granting of conditional use permits pursuant to the provisions of this chapter. In addition to the general findings required by Section 9-4.82.13, the findings required by this article must be made in order to grant a conditional use permit in the situations specified.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.502 Uses in the Mixed Use Zones.
To grant a conditional use permit for a single use on a site of at least one (1) acre but less than five (5) acres in the mixed use zones, pursuant to Section 9-6.305(b), the following finding must be made:
(a) That the applicant has convincingly demonstrated that it is infeasible to develop a project with a mix of use groups on the site.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.503 Uses in the OT Office/Technology Zone.
To grant a conditional use permit for a retail sales or light wholesaling and distribution use in the OT Office/Technology Zone, the following finding must be made:
(a) That the use is secondary to other uses that are permitted or conditionally permitted in the OT Office/Technology Zone.
This use does not apply to the Doyle Hollis North Area, defined in Section 9-6.306(b).
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009; Sec. 3 (Exh. A (part)), Ord. 10-1014, eff. Nov. 4, 2010)
9-6.504 Uses in the IND Industrial Zone.
(a) To grant a conditional use permit for an administrative services (civic), administrative and business offices, or professional services use in the IND Industrial Zone, the following finding must be made:
(1) That the use is designed and operated so as not to interfere with other nearby uses that are permitted or conditionally permitted in the IND Industrial Zone.
(b) To grant a conditional use permit for a convenience sales and services, convenience eating and drinking establishment, on-premises liquor sales, or retail sales use in the IND Industrial Zone, the following finding must be made:
(1) That the use is primarily intended to serve the immediate surrounding area.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.505 Uses in the MAR Marina Zone.
To grant a conditional use permit for a community recreation, commercial recreation, convenience sales and services, eating and drinking establishment, or retail sales use in the MAR Marina Zone, the following finding must be made:
(a) That the use has a waterfront orientation.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.506 Uses in the POS Park/Open Space Zone.
To grant a conditional use permit for an eating and drinking establishment or retail sales use in the POS Park/Open Space Zone, the following finding must be made:
(a) That the use is oriented to park users, and has a total floor area of no more than twenty percent (20%) of the park area.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.507 Uses in the RR Regional Retail Overlay Zone.
To grant a conditional use permit for any use that is listed in Table 9-6.303 as conditionally permitted in the RR Regional Retail overlay zone, or for a drive-in facility in the RR Regional Retail overlay zone, the following findings must be made:
(a) That the use will enhance Emeryville’s role as a regional retail destination.
(b) That the use will provide adequate access for all travel modes, including automobiles, pedestrians, bicycles, and public transit.
(c) That the proposal will conform in all significant respects with any applicable area plan which has been adopted by the City Council.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.508 Uses in the NR Neighborhood Retail Overlay Zone.
To grant a conditional use permit for any ground floor use that is listed in Table 9-6.303 or Section 9-6.313(b) as conditionally permitted in the NR Neighborhood Retail overlay zone, the following findings must be made:
(a) That the use will enhance the area’s role as a neighborhood center.
(b) That the use will provide a pedestrian orientation, including consideration of a main entrance facing the public sidewalk that will remain open to the general public during normal business hours.
(c) That the proposal will conform in all significant respects with any applicable area plan which has been adopted by the City Council.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.509 Density, Height, and Floor Area Ratio Bonuses.
To grant a conditional use permit for bonus residential density, height, or floor area ratio, as prescribed in Article 4 of this chapter, the following findings must be made:
(a) In the RM Medium Density Residential zone:
(1) That the proposed project is of excellent design quality.
(2) That the proposed project is compatible with the surrounding neighborhood with regard to building scale, form, and materials, and street orientation.
(3) That the proposed project has been designed to minimize the appearance from the street of driveways, parking spaces, maneuvering aisles, and garage doors as much as possible given the size and shape of the lot, and that at least seventy percent (70%) of the street frontage is devoted to active nonparking related uses, unless this reduces the parking related frontage to less than ten feet (10'), in which case a driveway of up to ten feet (10') in width shall be allowed.
(b) In all other zones:
(1) That the proposed project is of excellent design quality.
(2) That the proposed project will provide significant public benefits substantially beyond normal requirements in one (1) or more of the areas listed in Section 9-6.407(b). A project providing public benefits in one (1) of these areas is eligible for one-third (1/3) of the bonus; a project providing public benefits in two (2) of these areas is eligible for two-thirds (2/3) of the bonus; a project providing public benefits in three (3) or more of these areas is eligible for the full bonus.
(c) Bonus height over one hundred feet (100'):
(1) That the proposed project is of excellent design quality.
(2) That the proposed project will provide significant public benefits substantially beyond normal requirements in three (3) or more of the areas listed in Section 9-4.407(b).
(3) That the proposed project will minimize impacts on public views, wind, and shadows at the street level.
(4) That the proposed project will be separated by an adequate distance from any other building with a height greater than one hundred feet (100').
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
Article 6. Definitions
9-6.601 Purpose.
The purpose of this article is to define certain terms and concepts used in this chapter. If not otherwise specified, terms used in this chapter shall be as defined in the Zoning Ordinance.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.602 Definitions of Terms.
As used in this chapter:
(a) “Intensity” means the intensity of land utilization as measured by the lot size or floor area ratio of all development. This supersedes the definition of “intensity” at Section 9-4.3.13(c) except for existing planned unit developments, which are still subject to the definition at Section 9-4.3.13(c).
(b) “Live/work” uses are as defined in Sections 9-4.3.16(f) and (g), with the following additional stipulations:
(1) “Heavy live/work” means any live/work use which otherwise complies with all applicable laws in which the work activity may be objectionable by reason of production of offensive odor, dust, noise, bright lights, vibration, or the storage of hazardous materials or products, including but not limited to manufacturing, welding, or assembly.
(2) “Light live/work” means any live/work use not classified as heavy live/work.
(c) “Local-serving” means having a market area generally not exceeding one (1) mile in radius.
(d) “Mixed use zones” means the MUR Mixed Use with Residential and the MUN Mixed Use with Nonresidential zones.
(e) “Regional-serving” means having a market area generally exceeding one (1) mile in radius.
(f) “Residential zones” means the RH High Density Residential, RMH Medium High Density Residential, and RM Medium Density Residential zones.
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)
9-6.603 Use Groups.
For purposes of this chapter, use classifications are divided into the following use groups: Residential, Retail, Office, Hotel, Recreational, and Industrial. These groups are defined as follows:
(a) Residential Group. This group is characterized by multiple dwelling units in a single structure or group of structures, and includes the following use classifications:
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Family Residential |
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Townhouse |
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Multifamily |
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(b) Retail Group. This group is characterized by establishments whose primary function is to serve walk-in customers, with or without advance appointments, and includes the following use classifications:
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Cultural and Library Services |
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Animal Sales and Services |
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Grooming and pet stores |
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Convenience Sales and Services |
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Eating and Drinking Establishments |
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Convenience |
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Full-service |
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Financial Services |
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Food and Beverage Retail Sales Services |
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On-Premises Liquor Sales |
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Personal Services |
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Retail Sales |
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Repair Services |
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(c) Office Group. This group is characterized by establishments whose employees spend all or most of the workday at assigned work stations in offices, laboratories, and similar environments, and whose primary function is not to serve walk-in customers, and includes the following use classifications:
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Administrative Services (Civic) |
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Administrative and Business Offices |
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Animal Sales and Services |
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Veterinary |
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Medical Services |
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Professional Services |
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Research Services |
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High Technology |
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(d) Hotel Group. This group is characterized by hotels and motels that provide commercial lodging services to the general public on a less than monthly basis, and includes the following use classification:
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Lodging Services |
(e) Recreational Group. This group is characterized by establishments that provide leisure activities to the general public on a walk-in basis, with or without advance appointments, and includes the following use classifications:
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Community Recreation |
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Park and Recreation |
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Commercial Recreation |
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Amusement center |
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Indoor sports and recreation |
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Indoor entertainment |
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(f) Industrial Group. This group is characterized by establishments engaged in low-impact manufacturing activities suitable for a mixed use environment, and includes the following use classifications:
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Custom Manufacturing |
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Light Manufacturing |
(Sec. 3 (Exh. A (part)), Ord. 09-007, eff. Dec. 17, 2009)