CHAPTER 3.
ZONING DISTRICTS

Sections:

Article 1.    General Provisions

9-3.101    Purpose

9-3.102    Zoning Districts Established

9-3.103    Zoning Maps

9-3.104    Interpretation of Zoning Maps

9-3.105    Site Development Regulations Applicable in All or Several Zones

9-3.106    Additional Regulations Applicable in All or Several Zones

Article 2.    Uses Permitted, Conditionally Permitted, and Prohibited

9-3.201    Purpose

9-3.202    Uses Permitted, Conditionally Permitted and Prohibited

Article 3.    Base Zone Regulations

9-3.301    Purpose

9-3.302    Residential Zones

9-3.303    Mixed Use Zones

9-3.304    Office/Technology Zones

9-3.305    Industrial Zones

9-3.306    P Public Zone

9-3.307    M Marina Zone

9-3.308    PO Park/Open Space Zone

9-3.309    SM Shoreline Management Zone

9-3.310    PUD Planned Unit Development Zone

9-3.311    UT Utilities/Transportation Zone

Article 4.    Overlay Zone Regulations

9-3.401    Purpose

9-3.402    NH North Hollis Overlay Zone

9-3.403    PA Park Avenue District Overlay Zone

9-3.404    NR Neighborhood Retail Overlay Zone

9-3.405    RR Regional Retail Overlay Zone

9-3.406    TH Transit Hub Overlay Zone

9-3.407    PP Pedestrian Priority Overlay Zone

Article 1.    General Provisions

9-3.101 Purpose.

The purpose of this chapter is to establish “zoning districts” or “zones” consistent with the General Plan and to establish use and development regulations within those zoning districts.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-3.102 Zoning Districts Established.

Base and overlay zones are hereby established consistent with the General Plan, with titles and purposes as set forth below.

(a)    Base Zones.

(1)    RM Medium Density Residential. The purpose of the RM zone is to implement the provisions of the General Plan applicable to the Medium Density Residential land use classification.

(2)    RMH Medium-High Density Residential. The purpose of the RMH zone is to implement the provisions of the General Plan applicable to the Medium-High Density Residential land use classification.

(3)    RH High Density Residential. The purpose of the RH zone is to implement the provisions of the General Plan applicable to the High Density Residential land use classification.

(4)    MUR Mixed Use with Residential. The purpose of the MUR zone is to implement the provisions of the General Plan applicable to the Mixed Use with Residential land use classification.

(5)    MURS Mixed Use with Residential South. The purpose of the MURS zone is to implement the provisions of the General Plan applicable to the Mixed Use with Residential land use classification and the provisions of the Housing Element applicable to emergency shelters pursuant to Senate Bill 2, effective January 1, 2008.

(6)    MUN Mixed Use with Nonresidential. The purpose of the MUN zone is to implement the provisions of the General Plan applicable to the Mixed Use with Nonresidential land use classification.

(7)    OT Office/Technology. The purpose of the OT zone is to implement the provisions of the General Plan applicable to the Office/Technology land use classification.

(8)    OT/DH Office/Technology Doyle-Hollis North. The purpose of the OT/DH zone is to implement the provisions of the General Plan applicable to the Office/Technology Doyle-Hollis North Area land use classification, and to allow a broader range of uses for existing property owners while still designating the area for future public park use pursuant to Resolution No. 10-152, adopted on September 21, 2010, and Ordinance No. 10-014, adopted on October 5, 2010.

(9)    INL Light Industrial. The purpose of the INL zone is to implement the provisions of the General Plan applicable to the Industrial land use classification in the areas east of Hollis Street north of 65th Street, and along Horton Street between Powell Street and Stanford Avenue.

(10)    INH Heavy Industrial. The purpose of the INH zone is to implement the provisions of the General Plan applicable to the Industrial land use classification in the area west of Hollis Street and north of 65th Street.

(11)    P Public. The purpose of the P zone is to implement the provisions of the General Plan applicable to the Public land use classification.

(12)    M Marina. The purpose of the M zone is to implement the provisions of the General Plan applicable to the Marina land use classification.

(13)    PO Park/Open Space. The purpose of the PO zone is to implement the provisions of the General Plan applicable to the Park/Open Space land use classification.

(14)    SM Shoreline Management. The purpose of the SM zone is to implement the provisions of the General Plan applicable to the Park/Open Space land use classification and the Emeryville Shoreline Protection Ordinance of 1987.

(15)    PUD Planned Unit Development. The purpose of the PUD zone is to encourage the creative development of large sites so as to permit flexibility in physical design, achieve attractive designs that encourage large-scale site planning, and ensure that the applicable provisions of the General Plan are established early in the formation of such development proposals, pursuant to the procedures in Article 10 of Chapter 7.

(16)    UT Utilities/Transportation. The purpose of the UT zone is to establish use and development regulations consistent with the General Plan in the freeway and railroad corridors.

(b)    Overlay Zones.

(1)    NH North Hollis Overlay. The purpose of the NH overlay zone is to implement the North Hollis Area Urban Design Program, including its Design Guidelines, adopted by Resolution No. 02-052 on April 16, 2002.

(2)    PA Park Avenue District Overlay. The purpose of the PA overlay zone is to implement the Park Avenue District Plan, including its Design Guidelines, adopted by Resolution No. 06-158 on August 15, 2006.

(3)    NR Neighborhood Retail Overlay. The purpose of the NR overlay zone is to implement the provisions of the General Plan applicable to the Neighborhood Retail overlay land use classification.

(4)    RR Regional Retail Overlay. The purpose of the RR overlay zone is to implement the provisions of the General Plan applicable to the Regional Retail overlay land use classification.

(5)    TH Transit Hub Overlay. The purpose of the TH overlay zone is to implement the provisions of the General Plan applicable to Major Transit Hubs.

(6)    PP Pedestrian Priority Overlay. The purpose of the PP overlay zone is to implement the provisions of the General Plan applicable to Pedestrian Priority zones.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-3.103 Zoning Maps.

The locations and boundaries of the zoning districts established by Section 9-3.102 are delineated on the following maps, which are made a part of these regulations by this reference:

(a)    Base Zones. Base zones are as shown on the Zoning Map in Figure 9-3.103(a).

(b)    Overlay Zones. Overlay zones are as shown on the Zoning Overlay Map in Figure 9-3.103(b).

Figure 9-3.103(a): Zoning Map.

Figure 9-3.103(b): Zoning Overlay Map.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 2, Ord. 14-010, eff. Oct. 2, 2014; Sec. 4 (part) (Exh. A), Ord. 16-006, eff. Dec. 1, 2016)

9-3.104 Interpretation of Zoning Maps.

(a)    Zoning Districts Include Streets and Rights-of-Way. Where no zoning district is indicated on a public or private street or other right-of-way on the Zoning Map in Figure 9-3.103(a), the street or right-of-way shall be deemed to be included in the same zoning district as the closest abutting lot. If lots on opposite sides of the street or right-of-way are in the same zoning district, the street between them shall be deemed to be in that zoning district. If lots on opposite sides of the street or right-of-way are in different zoning districts, the zoning districts on each side of the street or right-of-way shall be deemed to extend to the centerline of the street or right-of-way.

(b)    Lots Split by Zone Boundaries. If a lot is in two (2) or more base zones on the Zoning Map in Figure 9-3.103(a), the zones indicated on the map shall apply to each portion of the lot, except that the entire lot may be deemed to be in one (1) of the zones shown on the map upon the granting of a conditional use permit pursuant to Article 5 of Chapter 7. Such a conditional use permit may be granted only if both of the following conditions are met:

(1)    At least fifty percent (50%) of the lot area is already covered by the zone in question; and

(2)    The entire lot could be included in said zone by shifting the zone boundary by not more than fifty feet (50') as measured perpendicularly to said boundary at any point.

(c)    PUDs and Overlay Zones. PUDs established prior to the adoption of these regulations are not subject to the provisions of the overlay zones indicated on the Zoning Overlay Map in Figure 9-3.103(b). PUDs established following the adoption of these regulations are subject to the provisions of the overlay zones indicated on the Zoning Overlay Map in Figure 9-3.103(b).

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-3.105 Site Development Regulations Applicable in All or Several Zones.

See Chapter 4 for site development regulations that apply in two (2) or more zoning districts.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-3.106 Additional Regulations Applicable in All or Several Zones.

See Chapter 5 for additional use and development regulations that apply in two (2) or more zoning districts.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Article 2.    Uses Permitted, Conditionally Permitted, and Prohibited

9-3.201 Purpose.

The purpose of this article is to establish use regulations in the base and overlay zones, except in PUDs and the NH and PP overlay zones. Uses in PUDs are established in the relevant ordinances for each PUD; the NH and PP overlay zones do not include use regulations.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-3.202 Uses Permitted, Conditionally Permitted and Prohibited.

Uses, as classified in Chapter 2 of this title, are permitted, conditionally permitted, or prohibited in base and overlay zones as indicated in Table 9-3.202. Uses not classified in Chapter 2 of this title are prohibited. The regulations for each use in each zone are established by letter designations as follows:

“P” designates a permitted use.

“C” designates a conditionally permitted use normally requiring a major conditional use permit pursuant to Article 5 of Chapter 7. Under certain circumstances, as set forth in Article 5 of Chapter 7, such uses may require a minor conditional use permit.

“CM” designates a conditionally permitted use normally requiring a minor conditional use permit pursuant to Article 5 of Chapter 7. Under certain circumstances, as set forth in Article 5 of Chapter 7, such uses may require a major conditional use permit.

“T” designates a temporary use requiring a temporary use permit pursuant to Article 6 of Chapter 7.

“X” designates a prohibited use.

Conditionally permitted uses are subject to the required findings in Article 5 of Chapter 7 and any additional findings for the zone that may be required by Articles 3 and 4 this chapter. Temporary uses are subject to the required findings in Article 6 of Chapter 7 and any additional findings for the zone that may be required by Articles 3 and 4 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.

References to zone regulations applicable to specific uses are indicated by footnotes.

Table 9-3.202: Uses Permitted, Conditionally Permitted and Prohibited 

 

Base Zones

Overlay Zones

Use Classifications

RM

RMH

RH

MUR

MURS

MUN

OT

OT/DH

INL

INH

P

M

PO

SM

UT

PA

NR

RR

TH

Residential

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Single Unit

P

X

X

X

X

X

X

X

X

X

X

X

X

X

X

 

 

 

 

Two (2) Unit

P

X

X

X

X

X

X

X

X

X

X

X

X

X

X

 

 

 

 

Multi-Unit11

CM

P

P

P

P

X

X

X

X

X

X

X

X

X

X

 

 

 

 

Domestic Violence Shelter

C

C

C

C

C

X

X

X

X

X

X

X

X

X

X

 

 

 

 

Group Residential

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Small

P

P

P

P

P

X

X

X

X

X

X

X

X

X

X

 

 

 

 

Large

C

C

C

C

C

X

X

X

X

X

X

X

X

X

X

 

 

 

 

Mobile Home Park

C

X

X

X

X

X

X

X

X

X

X

X

X

X

X

 

 

 

 

Residential Care Facility

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Limited

P

P

P

P

P

X

X

X

X

X

X

X

X

X

X

 

 

 

 

General

C

C

C

C

C

X

X

X

X

X

X

X

X

X

X

 

 

 

 

Supportive Housing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Single or Two Unit

P

X

X

X

X

X

X

X

X

X

X

X

X

X

X

 

 

 

 

Multi-Unit

CM

P

P

P

P

X

X

X

X

X

X

X

X

X

X

 

 

 

 

Transitional Housing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Single or Two Unit

P

X

X

X

X

X

X

X

X

X

X

X

X

X

X

 

 

 

 

Multi-Unit

CM

P

P

P

P

X

X

X

X

X

X

X

X

X

X

 

 

 

 

Commercial and Institutional

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Adult Oriented Businesses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Retail

X

X

X

X

X

X

X

X

X

C7

X

X

X

X

X

 

 

 

 

Performance

X

X

X

X

X

X

X

X

X

C7

X

X

X

X

X

 

 

 

 

Animal Care and Sales

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Grooming

X

X

X

P

P

P

CM

C

C

X

X

X

X

X

X

 

 

 

 

Kennel/Animal Care

X

X

X

C

C

C

C

C

C

CM

X

X

X

X

X

 

 

 

 

Pet Stores

X

X

X

C

C

CM

X

C

X

X

X

X

X

X

X

 

CM12

 

 

Veterinary Services

X

X

X

C

C

P

CM

C

C

X

X

X

X

X

X

 

 

 

 

Arts and Entertainment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Gallery11

X

C1

C1

P

P

P

C

C

C

X

C

X

X

X

X

 

P12

 

 

Indoor Entertainment

X

X

X

C

C

P

C

C

C

X

C

X

X

X

X

 

 

 

 

Outdoor Entertainment

X

X

X

X

X

C

C

C

X

X

C

C

C

C

X

 

 

 

 

Banks and Financial Institutions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Traditional Financial Institutions

X

X

C1

P

P

P

P

P

C

X

X

X

X

X

X

 

 

 

 

Nontraditional Financial Institutions

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

 

 

C

 

Business Services

X

X

C1

P

P

P

P

P

P

C

X

X

X

X

X

 

 

 

 

Colleges and Trade Schools

X

X

X

C

C

C

CM

C

C

X

C

X

X

X

X

 

 

 

 

Community Assembly

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Small

X

C1

C1

P

P

P

CM

C

C

X

P

X

X

X

X

 

P12

 

 

Large

X

X

X

CM

CM

C

C

C

C

X

C

X

X

X

X

 

 

 

 

Day Care Centers

X

C1

C1

C

C

P

C

C

C

X

P

X

X

X

X

 

 

 

 

Eating and Drinking Establishments

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bars/Nightclubs/Lounges

X

X

X

C

C

C

C

C

C6

X

X

C9

X

X

X

 

C12

 

 

Restaurants

C

C

C

CM

CM

CM

CM

C

C6

X

X

C9

C10

X

X

 

P12

 

 

Mobile Food Vendors

X

X

X

T

T

T

T

T

T

X

T

T

T

X

X

 

 

 

 

Emergency Shelters

X

X

X

C

P

C

C

C

C

X

X

X

X

X

X

 

 

 

 

Funeral Homes, Mortuaries and Mausoleums

X

X

X

C

C

C

C

X

C

X

X

X

X

X

X

 

 

 

 

Health Care

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Clinics and Medical Offices11

X

X

C1

P

P

P

CM

C

C

X

X

X

X

X

X

 

 

 

 

Hospitals

X

X

X

C

C

C

C

C

X

X

X

X

X

X

X

 

 

 

 

Medical Laboratories (nonresearch)11

X

X

C1

P

P

P

P

C

CM

X

X

X

X

X

X

 

 

 

 

Instructional Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Individual/Small Group Instruction

X

C1

C1

CM

CM

P

P

P

C

C

P

C

P

X

X

 

 

 

 

Group Instruction

X

X

X

C

C

P

CM

P

C

C

P

C

P

X

X

 

 

 

 

Libraries and Museums11

X

X

C1

P

P

P

C

C

X

X

P

C

C

X

X

 

 

 

 

Live/Work Unit

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Heavy

X

X

X

X

X

X

X

X

X

CM

X

X

X

X

X

 

 

 

 

Light

C

C

C

C

C

C

C

X

C

X

X

X

X

X

X

 

X

X

 

Lodging

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hotels

X

X

X

P

P

C

X

X

X

X

X

C

X

X

X

 

 

 

 

Motels

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

 

 

C

 

Major Public Services

X

X

X

X

X

C

C

C

C

C

C

C

X

X

X

 

 

 

 

Marina

X

X

X

X

X

X

X

X

X

X

X

C

X

X

X

 

 

 

 

Motor Vehicle Sales and Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cleaning

X

X

X

X

X

C

X

C

CM

C

X

X

X

X

X

 

 

C

 

Rentals

X

X

CM1

CM2

CM2

C

C

C

C

X

X

X

X

X

X

 

 

 

 

Sales and Leasing

X

X

X

C

C

C

X

C

C

X

X

X

X

X

X

 

 

 

 

Repair and Service

X

X

X

C

C

C

X

C

C

CM

X

X

X

X

X

 

 

 

 

Service Station

X

X

X

X

X

C3

X

X

X

X

X

X

X

X

X

X

X

C3

X

Towing and Impounding

X

X

X

X

X

X

X

X

C

C

X

X

X

X

X

 

 

 

 

Offices

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

General11, 13

X

X

C1

P

P

P

P

P

C5

X

X

C

X

X

X

 

 

 

 

Government11

X

X

C1

P

P

P

P

P

C

X

P

C

X

X

X

 

 

 

 

Walk-In Clientele11

X

C1

C1

P

P

P

P

P

X

X

X

C

X

X

X

 

P12

 

 

Parking11

X

X

X

C

C

C

C

C

C

C

C

X

X

X

X

 

 

 

 

Personal Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Small

CM1

CM1

P1

P

P

P

CM

P

CM

X

X

X

X

X

X

 

P12

 

 

Large

X

X

C1

P

P

P

CM

P

C

X

X

X

X

X

X

 

P12

 

 

Public Safety Facilities

C

C

C

C

C

C

C

C

C

C

P

C

X

X

X

 

 

 

 

Recreation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Gaming

X

X

X

C

C

X

X

X

X

X

X

X

X

X

X

 

C12

 

 

Indoor

X

X

X

C

C

CM

C

C

C

C

C

X

C

X

X

 

 

 

 

Outdoor11

X

X

X

C

C

C

X

C

C

X

C

CM9

P

C

C

 

 

 

 

Repair Services

X

CM1

CM1

P

P

P

P

P

P

P

X

X

X

X

X

 

 

 

 

Retail

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Firearms and Ammunition

X

X

X

X

X

X

X

X

X

C8

X

X

X

X

X

 

 

 

 

Liquor Sales

C1

C1

C1

C

C

C

X

X

C6

X

X

X

X

X

X

 

C12

 

 

Tobacco Shops

X

X

X

C

C

C

X

X

X

X

X

X

X

X

X

 

 

 

 

Small Stores

C1

CM1

P1

P

P

P

C4

C

C6

X

X

C9

C10

X

X

 

P12

P

 

Medium Stores

X

X

X

CM

CM

CM

X

C

C6

X

X

X

X

X

X

 

C12

P

 

Large Stores

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

 

 

C14

 

Outdoor Sales

X

X

X

C

C

C

X

X

C6

C6

X

X

X

X

X

 

 

 

 

Food and Beverage Sales

X

X

X

C

C

C

X

C

C6

X

X

X

X

X

X

CM

C12

 

 

Cannabis Sales

X

X

X

C

C

C

X

X

X

X

X

X

X

X

X

 

 

 

 

Schools

C

C

C

C

C

C

C

C

X

X

C

X

X

X

X

 

 

 

 

Social Service Facilities

X

X

X

C

C

C

C

C

C

C

C

X

X

X

X

 

 

 

 

Industrial

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Arts-Industrial

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Studio-Light

C1

C1

C1

P

P

P

CM

P

P

X

C

X

X

X

X

 

 

 

 

Studio-Heavy

X

X

X

X

X

C

C

C

CM

P

X

X

X

X

X

 

X

X

 

Recording Studios

X

X

X

C

C

CM

CM

C

P

P

X

X

X

X

X

 

X

 

 

Commercial Kitchens

X

X

X

C

C

CM

C

C

P

P

X

X

X

X

X

 

 

 

 

Construction and Maintenance

X

X

X

C

C

P

C

C

P

P

C

X

X

X

X

 

 

 

 

Crematories

X

X

X

X

X

X

X

X

C

C

X

X

X

X

X

 

X

 

 

Food Production and Assembly

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Small

X

X

X

C

C

CM

C

C

P

P

X

X

X

X

X

 

 

 

 

Large

X

X

X

X

X

X

X

C

C

C

X

X

X

X

X

 

X

 

 

Hazardous Waste Facilities

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Small-Scale Waste Transfer and Storage

X

X

X

X

X

X

C

C

C

C

X

X

X

X

X

X

X

 

 

Industrial Hazardous Waste Transfer/Storage/Treatment

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

 

 

 

Laundry and Dry Cleaning Services

X

X

X

X

X

X

X

C

C

P

X

X

X

X

X

 

X

 

 

Manufacturing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pharmaceutical

X

X

X

X

X

C

CM

C

CM

P

X

X

X

X

X

 

X

 

 

Custom11

X

X

X

CM

CM

CM

CM

P

P

P

X

X

X

X

X

 

 

 

 

Light

X

X

X

C

C

C

CM

C

P

P

X

X

X

X

X

 

 

 

 

General

X

X

X

X

X

X

X

X

C

CM

X

X

X

X

X

 

X

 

 

Heavy

X

X

X

X

X

X

X

X

X

C

X

X

X

X

X

 

X

 

 

Cannabis Manufacturing

X

X

 

C

C

C

C

C

C

C

X

X

X

X

X

 

 

 

 

Recycling Facilities

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Collection Facilities

X

X

X

X

X

C

X

X

CM

CM

X

X

X

X

X

 

X

 

 

Processing Facilities

X

X

X

X

X

X

X

X

C

CM

X

X

X

X

X

 

X

 

 

Research and Development

X

X

X

C

X

CM

P

C

P

C

X

X

X

X

X

 

 

 

 

Salvage and Wrecking

X

X

X

X

X

X

X

X

X

C

X

X

X

X

X

 

X

 

 

Storage and Distribution

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Indoor

X

X

X

X

X

C

C4

C

P

P

C

X

X

X

X

 

X

 

 

Outdoor

X

X

X

X

X

X

X

X

C

CM

C

X

X

X

X

 

X

 

 

Personal

X

X

X

C

C

C

X

C

P

P

X

X

X

X

X

X

X

 

 

Agriculture

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Community Gardens

CM

CM

CM

CM

CM

CM

X

C

C

X

C

CM

CM

X

X

 

 

 

 

Indoor Agriculture

CM

CM

CM

CM

CM

CM

C

C

P

P

X

X

X

X

X

 

 

 

 

Outdoor Agriculture

CM

C

C

C

C

C

X

X

CM

C

X

X

X

X

X

 

 

 

 

Animal Husbandry

X

X

X

X

X

C

X

X

C

C

X

X

X

X

X

 

 

 

 

Communication, Transportation, and Utilities

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Communications Facilities

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Transmission Towers

X

X

X

X

X

X

X

X

P

P

P

X

X

X

X

 

 

 

 

Equipment within Buildings

X

X

X

X

X

P

P

P

P

P

X

X

X

X

X

 

X

 

 

Transportation and Delivery Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bus/Rail Passenger Stations

X

X

X

C

C

C

C

C

X

X

X

X

X

X

CM

 

 

 

P

Truck/Rail Freight Terminals

X

X

X

X

X

X

C

C

C

C

X

X

X

X

CM

 

X

 

 

Human-Powered

X

CM

CM

CM

CM

P

P

P

P

P

X

X

X

X

X

 

 

 

 

Light Fleet

X

X

X

C

C

CM

CM

C

P

P

X

X

X

X

X

 

 

 

 

Utility Services

C

C

C

C

C

C

C

C

C

C

C

C

C

X

C

 

 

 

 

Notes:

1.    See Section 9-3.302(b).

2.    See Section 9-3.303(b)(1)(a).

3.    See Sections 9-3.303(b)(1)(a) and 9-3.405(a)(2).

4.    See Section 9-3.304(b)(1).

5.    See Section 9-3.305(b)(1).

6.    See Section 9-3.305(b)(2).

7.    See Section 9-3.305(b)(3) and Article 3 of Chapter 5.

8.    See Section 9-3.305(b)(4) and Article 6 of Chapter 5.

9.    See Section 9-3.307(a).

10.    See Section 9-3.308(a).

11.    For properties in the PA overlay zone, see Section 9-3.403(a)(2).

12.    See Section 9-3.404(a).

13.    For properties in the NR overlay zone, see Section 9-3.404(a)(3).

14.    See Section 9-3.405(a)(1).

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3, Ord. 14-003, eff. Apr. 17, 2014; Sec. 4 (part), Ord. 17-001, eff. Apr. 20, 2017; Sec. 4 (part), Ord. 17-002, eff. May 4, 2017; Sec. 4, Ord. 19-001, eff. Jan. 15, 2019; Sec. 4, Ord. 19-002, eff. Mar. 7, 2019; Sec. 3, Ord. 19-006, eff. June 20, 2019; Sec. 3, Ord. 20-021, eff. Oct. 15, 2020)

Article 3.    Base Zone Regulations

9-3.301 Purpose.

The purpose of this article is to establish use and development regulations and conditional use permit findings unique to each base zone or group of base zones.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-3.302 Residential Zones.

(a)    Zones Included. For purposes of these regulations, the residential zones include the following zoning districts:

RM Medium Density Residential

RMH Medium-High Density Residential

RH High Density Residential

(b)    Zone Regulations. The following use classifications, if permitted or conditionally permitted pursuant to Section 9-3.202, are only allowed on the ground floor in the residential zones. This restriction does not apply to Home Occupations or other accessory uses, or to Office uses in the RH zone where it is combined with the NR overlay zone (see Section 9-3.404(a)(3)).

Commercial and Institutional

Arts and Entertainment

Gallery

Banks and Financial Institutions

Business Services

Community Assembly

Small

Day Care Centers

Eating and Drinking Establishments

Restaurants

Health Care

Clinics and Medical Offices

Medical Laboratories (nonresearch)

Instructional Services

Individual/Small Group Instruction

Libraries and Museums

Motor Vehicle Sales and Services

Rentals

Offices

General

Government

Walk-In Clientele

Personal Services

Small

Large

Repair Services

Retail

Liquor Sales

Small Stores

Industrial

Arts-Industrial

Studio-Light

(c)    Findings. There are no special findings for the residential zones.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-3.303 Mixed Use Zones.

(a)    Zones Included. For purposes of these regulations, the Mixed Use zones include the following zoning districts:

MUR Mixed Use with Residential

MURS Mixed Use with Residential South

MUN Mixed Use with Nonresidential

(b)    Zone Regulations.

(1)    Limitations on Certain Uses.

a.    In the MUR and MURS zones Motor Vehicle Sales and Services, Rentals are allowed only on the ground floor.

b.    Motor Vehicle Sales and Services, Service Station uses are only allowed where the MUN zone is combined with the RR zone.

(2)    Mix of Uses, When Required.

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 9-3.202.

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 5 of Chapter 7, or, at the applicant’s option, pursuant to the planned unit development procedure at Article 10 of Chapter 7. A mix of use groups is required pursuant to subsection (b)(2)(d) of this section, except that a single use, as prescribed in Section 9-3.202, may be allowed upon the granting of a conditional use permit pursuant to Article 5 of Chapter 7 and the additional finding required by subsection (c) of this section.

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 (b)(2)(d) of this section. Such developments must be approved pursuant to the planned unit development procedure at Article 10 of Chapter 7. Notwithstanding that establishment of a PUD constitutes a rezoning of the site from a Mixed Use zone to a PUD zone, the uses permitted in the PUD shall conform to the uses permitted or conditionally permitted in the Mixed Use zone in which the site was located prior to establishment of the PUD, as indicated in Table 9-3.202.

d.    Mix of Use Groups. As used in subsections (b)(2)(b) and (b)(2)(c) of this section, a “mix of use groups” means:

i.    MUR and MURS Zones. The development must include uses from two (2) or more of the mixed use groups defined in Article 8 of Chapter 2, one (1) of which must be the Residential mixed use group. Additional uses, as prescribed in Section 9-3.202, are also allowed.

ii.    MUN Zone. The development must include uses from two (2) or more of the mixed use groups defined in Article 8 of Chapter 2, one (1) of which may not be the Residential mixed use group. Additional uses, as prescribed in Section 9-3.202, are also allowed.

The exact mix of uses shall be determined through the conditional use permit or planned unit development approval process.

(c)    Findings. 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 subsection (b)(2)(b) of this section, the following finding must be made in addition to the findings required by Article 5 of Chapter 7:

(1)    That the applicant has convincingly demonstrated that it is infeasible to develop a project with a mix of use groups on the site.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-3.304 Office/Technology Zones.

(a)    Zones Included. For purposes of these regulations, the Office/Technology zones include the following zoning districts:

OT Office/Technology

OT/DH Office/Technology Doyle-Hollis North

(b)    Zone Regulations.

(1)    Retail, Small Stores and Storage and Distribution, Indoor uses in the OT zone are limited to those primarily intended to serve the immediate surrounding area. This limitation does not apply in the OT/DH zone.

(2)    Uses in existence in the OT/DH zone as of November 12, 2009, are deemed to be conforming uses and may continue in existence until such time as the property is acquired by or dedicated to the City for park use.

(c)    Findings. To grant a conditional use permit for a Retail, Small Stores or Storage and Distribution, Indoor use in the OT zone, pursuant to subsection (b)(1) of this section, the following finding must be made in addition to the findings required by Article 5 of Chapter 7:

(1)    That the use will primarily serve the immediate surrounding area.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-3.305 Industrial Zones.

(a)    Zones Included. For purposes of these regulations, the industrial zones include the following zoning districts:

INL Light Industrial

INH Heavy Industrial

(b)    Zone Regulations.

(1)    In the INL zone Offices, General are only allowed in existing buildings.

(2)    The following Commercial and Institutional use classifications, if permitted or conditionally permitted pursuant to Section 9-3.202, are limited to those primarily intended to serve the immediate surrounding area. This restriction does not apply where the NR overlay zone is combined with an industrial zone.

Eating and Drinking Establishments

Bars/Nightclubs/Lounges

Restaurants

Retail

Liquor Sales

Small Stores

Medium Stores

Outdoor Sales

Food and Beverage Sales

(3)    Adult Oriented Businesses are allowed only in the INH zone, subject to the provisions of Article 3 of Chapter 5.

(4)    Retail, Firearms and Ammunition uses are allowed only in the INH zone, subject to the provisions of Article 6 of Chapter 5.

(c)    Findings.

(1)    To grant a conditional use permit for an Office use pursuant to subsection (b)(1) of this section, the following finding must be made in addition to the findings required by Article 5 of Chapter 7:

a.    That the use is designed and will be operated so as not to interfere with other nearby uses that are permitted or conditionally permitted in the INL zone.

(2)    To grant a conditional use permit for certain Commercial and Institutional uses, pursuant to subsection (b)(2) of this section, the following finding must be made in addition to the findings required by Article 5 of Chapter 7:

a.    That the use is primarily intended to serve the immediate surrounding area.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-3.306 P Public Zone.

(a)    Zone Regulations. There are no special regulations in the P zone.

(b)    Findings. There are no special findings in the P zone.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-3.307 M Marina Zone.

(a)    Zone Regulations. The following Commercial and Institutional use classifications are only allowed if they have a waterfront orientation:

Eating and Drinking Establishments

Bars/Nightclubs/Lounges

Restaurants

Recreation

Outdoor

Retail

Small Stores

(b)    Findings. To grant a conditional use permit for a use listed in subsection (a) of this section, the following finding must be made in addition to the findings required by Article 5 of Chapter 7:

(1)    That the use has a waterfront orientation.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-3.308 PO Park/Open Space Zone.

(a)    Zone Regulations. The following Commercial and Institutional use classifications are only allowed if they are oriented to park users, and are limited to a total floor area of no more than ten percent (10%) of the park area:

 

Eating and Drinking Establishments

Restaurants

Retail

Small Stores

(b)    Findings. To grant a conditional use permit for a use listed in subsection (a) of this section, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:

(1)    That the use is oriented to park users.

(2)    That the use has a total floor area of no more than ten percent (10%) of the park area.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-3.309 SM Shoreline Management Zone.

(a)    Zone Regulations.

(1)    Uses. All uses, including accessory uses, shall comply with the Emeryville Shoreline Protection Ordinance of 1987.

(2)    Structures. Structures are not permitted.

(b)    Findings. There are no special findings in the SM zone.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-3.310 PUD Planned Unit Development Zone.

(a)    Zone Regulations. Uses and development regulations in PUDs shall be as stipulated in the various ordinances establishing the PUDs, as listed below. PUDs established prior to the adoption of these regulations are not subject to these regulations, but are subject to the regulations that were in effect at the time of their establishment, except that minor exterior changes and signs may be approved pursuant to the procedures for minor design review in Article 4 of Chapter 7, and final development plans shall be processed in accordance with the PUD procedures in Article 10 of Chapter 7.

(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.

(7)    Sherwin Williams Mixed Use Project. Created by Ordinance No. 16-006 passed on November 1, 2016.

(b)    Findings. To establish a new PUD, the findings required by Article 10 of Chapter 7 must be made.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 4 (part), Ord. 16-006, eff. Dec. 1, 2016)

9-3.311 UT Utilities/Transportation Zone.

(a)    Zone Regulations. Uses in the UT zone must be compatible with the primary transportation functions of the freeway and railroad corridor.

(b)    Findings. To grant a conditional use permit for a use that is conditionally permitted pursuant to Section 9-3.202, the following finding must be made in addition to the findings required by Article 5 of Chapter 7:

(1)    That the use is compatible with the primary transportation function of the freeway or railroad corridor in which it is located.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Article 4.    Overlay Zone Regulations

9-3.401 Purpose.

The purpose of this article is to establish use and development regulations and conditional use permit findings unique to each overlay zone. Use and development regulations in overlay zones supplement or, if so indicated, supersede the use and development regulations of the base zones with which they are combined.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-3.402 NH North Hollis Overlay Zone.

(a)    Zone Regulations.

(1)    North Hollis Area Urban Design Program. The North Hollis Area Urban Design Program, including the Design Guidelines, adopted by Resolution No. 02-52 on April 16, 2002, shall apply to all properties and public rights-of-way in the NH North Hollis overlay zone.

(2)    Design Guidelines. All development proposals in the NH North Hollis overlay zone shall be subject to the Design Guidelines in the North Hollis Area Urban Design Program, as required by Section 9-7.406, in addition to the applicable provisions of the Emeryville Design Guidelines, as required by Article 4 of Chapter 7.

(b)    Findings. There are no special findings in the NH overlay zone.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014)

9-3.403 PA Park Avenue District Overlay Zone.

(a)    Zone Regulations.

(1)    Park Avenue District Plan. The Park Avenue District Plan, including the goals, policies, street standards, and development and design guidelines, adopted by Resolution No. 06-157 on August 15, 2006, shall apply to all properties and public rights-of-way in the PA Park Avenue District overlay zone.

(2)    Design Guidelines. All development proposals in the PA Park Avenue District overlay zone shall be subject to the Design Guidelines in the Park Avenue District Plan, as required by Section 9-7.406, in addition to the applicable provisions of the Emeryville Design Guidelines, as required by Article 4 of Chapter 7.

(b)    Findings. There are no special findings in the PA overlay zone.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 4, Ord. 15-011, eff. Jan. 14, 2016)

9-3.404 NR Neighborhood Retail Overlay Zone.

(a)    Zone Regulations.

(1)    Permitted Uses. Uses indicated as permitted in the NR Neighborhood Retail overlay zone in Section 9-3.202 are only permitted if they have all of the following characteristics:

a.    Are local-serving.

b.    Are located on the ground floor.

c.    Have a gross floor area of five thousand (5,000) square feet or less.

d.    Have a pedestrian orientation with a main entrance facing the public sidewalk that will remain open to the general public during normal business hours.

e.    Do not include alcoholic beverage sales, except Restaurants.

f.    Do not include check cashing services.

g.    Have hours of operation no earlier than 7:00 a.m. and no later than 11:00 p.m.

h.    Provide at least one (1) bicycle parking rack accommodating a total of at least two (2) bicycles on the sidewalk near the main entrance.

(2)    Conditionally Permitted Uses. In addition to uses indicated as conditionally permitted in Section 9-3.202, any uses indicated as permitted but not having all of the characteristics listed in subsection (a)(1) of this section shall require a conditional use permit.

(3)    Offices, General are not allowed on the ground floor.

(4)    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 4 of Chapter 4.

(5)    Design Guidelines. All development proposals in the NR Neighborhood Retail overlay zone shall be subject to the applicable provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to the Neighborhood Retail overlay and neighborhood centers, as required by Article 4 of Chapter 7.

(b)    Findings. To grant a conditional use permit for a use that is conditionally permitted pursuant to Section 9-3.202 or subsection (a)(2) of this section, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:

(1)    That the use will enhance the area’s role as a neighborhood center.

(2)    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.

(3)    That the proposal will conform in all significant respects with any applicable area plan which has been adopted by the City Council.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-3.405 RR Regional Retail Overlay Zone.

(a)    Zone Regulations.

(1)    Retail, Large Stores may occupy one hundred percent (100%) of the building area; provided, that they are regional-serving.

(2)    Motor Vehicle Sales and Services, Service Station uses are only allowed where the RR zone is combined with the MUN zone.

(3)    Design Guidelines. All development proposals in the RR Regional Retail overlay zone shall be subject to the applicable provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to the Regional Retail overlay, as required by Article 4 of Chapter 7.

(b)    Findings. To grant a conditional use permit for a use that is conditionally permitted pursuant to Section 9-3.202, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:

(1)    That the use will enhance Emeryville’s role as a regional retail destination.

(2)    That the use will provide adequate access for all travel modes, including automobiles, pedestrians, bicycles, and public transit.

(3)    That the proposal will conform in all significant respects with any applicable area plan which has been adopted by the City Council.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-3.406 TH Transit Hub Overlay Zone.

(a)    Zone Regulations.

(1)    Parking Reduction. Maximum parking allowances shall be reduced to fifty percent (50%) of the allowances set forth in Article 4 of Chapter 4 of this title.

(2)    Design Guidelines. All development proposals in the TH Transit Hub overlay zone shall be subject to the applicable provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to Transit Hubs, as required by Article 4 of Chapter 7 of this title.

(b)    Findings. There are no special findings in the TH overlay zone.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (Exh. A) (part), Ord. 20-005, eff. May 21, 2020)

9-3.407 PP Pedestrian Priority Overlay Zone.

(a)    Zone Regulations.

(1)    Design Guidelines. All development proposals in the PP Pedestrian Priority overlay zone shall be subject to the applicable provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to Pedestrian Priority zones, as required by Article 4 of Chapter 7.

(b)    Findings. There are no special findings in the PP overlay zone.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)