CHAPTER 4.
SITE DEVELOPMENT REGULATIONS

Sections:

Article 1.    General Provisions

9-4.101    Purpose and Applicability

9-4.102    Additional Regulations

Article 2.    Building Intensity, Height and Residential Density

9-4.201    Building Intensity (Floor Area Ratio)

9-4.202    Height and Bulk

9-4.203    Residential Density

9-4.204    Development Bonuses

Article 3.    Setbacks, Courts and Open Space

9-4.301    Setbacks

9-4.302    Courts

9-4.303    Open Space

Article 4.    Parking and Loading

9-4.401    Purpose

9-4.402    Applicability

9-4.403    General Regulations and Standards

9-4.404    Calculation of Estimated Parking Demand

9-4.405    Shared Parking

9-4.406    Design Standards for Parking Lots and Structures

9-4.407    Alternative Compliance with Parking Provisions

9-4.408    Bicycle Parking

9-4.409    Loading

Article 5.    Landscaping and Screening

9-4.501    Purpose

9-4.502    Applicability

9-4.503    General Provisions

9-4.504    Landscaping Requirements by Zoning District

9-4.505    Fences and Walls

9-4.506    Screening of Outdoor Storage (Principal Use) and Open Storage (Accessory Use)

9-4.507    Screening of Mechanical and Electrical Equipment

Article 6.    Water Use

9-4.601    Purpose and Applicability

9-4.602    Water Efficient and Bay Friendly Landscaping

9-4.603    Recycled Water

9-4.604    Water Reclaimed On Site

9-4.605    Definitions

Article 7.    Other Site Development Regulations

9-4.701    Minimum Lot Area and Width

9-4.702    Minimum Dwelling Unit Area

9-4.703    Pedestrian Access

9-4.704    Recycling and Trash Areas

9-4.705    Outdoor Lighting and Illumination

Article 8.    Bird-safe Buildings

9-4.801    Purpose

9-4.802    Applicability

9-4.803    Bird-Safe Glazing Requirement

9-4.804    Alternative Compliance

9-4.805    Interior Lighting

9-4.806    Site Design

Article 1.    General Provisions

9-4.101 Purpose and Applicability.

The purpose of this chapter is to set forth site development regulations that apply throughout the City. These site development regulations are applicable to all new and existing uses unless otherwise specified. Existing uses that do not conform to these regulations are subject to the provisions for nonconforming uses and structures in Article 10 of Chapter 5.

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

9-4.102 Additional Regulations.

See Chapter 5 for additional use and development regulations that apply throughout the City. All new and existing uses are subject to the applicable performance standards in Article 11 of Chapter 5.

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

Article 2.    Building Intensity, Height and Residential Density

9-4.201 Building Intensity (Floor Area Ratio).

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

Table 9-4.201(a):

Maximum Floor Area Ratio 

 

Maximum Permitted Building Intensity (FAR)

Map Designation

Base

Bonus

0.5/1.0

Up to 0.5

Up to 1.0

1.0

Up to 1.0

None

1.0/1.6

Up to 1.0

Up to 1.6

1.5/3.0

Up to 1.5

Up to 3.0

2.0/4.0

Up to 2.0

Up to 4.0

3.0/6.0

Up to 3.0

Up to 6.0

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

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

(1)    At least fifty percent (50%) of the lot area is already covered by the district with the maximum floor area ratio; and

(2)    The entire lot could be included in said district by shifting the floor area ratio district 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 for each portion of the lot.

Figure 9-4.201(a): Maximum Floor Area Ratios.

Figure 9-4.201(b): Examples of Floor Area Ratio.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 4 (part), Ord. 15-009, eff. Dec. 3, 2015; Sec. 4 (part), Ord. 18-005, eff. Dec. 13, 2018)

9-4.202 Height and Bulk.

(a)    Maximum Height. The maximum height of buildings and structures shall be as prescribed on the General Plan Height Map (General Plan Figure 2-4, entitled “Maximum Building Heights”), which is made a part of these regulations by this reference and is shown in Figure 9-4.202(a). The height districts are delineated on this map and the corresponding limits for the maximum permitted height and bonus height that may be granted under Section 9-4.204 are as shown in Table 9-4.202(a):

Table 9-4.202(a): Maximum Height

 

Maximum Permitted Height (Feet)

Map Designation

Base

Bonus

30

Up to 30

None

30/55

Up to 30

Up to 55

40/75

Up to 40

Up to 75

50/100

Up to 50

Up to 100

75/100+

Up to 75

75 to over 100

Figure 9-4.202(a): Maximum Building Heights.

(b)    Measuring Height.

(1)    Buildings. Building height is measured from the average level of the highest and lowest points of finished grade surrounding the building to the highest point of the roof, not including parapets. The height of a stepped or terraced building is the maximum height of any segment of the building.

(2)    Other Structures. The height of other structures is the vertical distance from the average ground level immediately under the structure to the top of the structure, with the following special provisions for fences and decks, as illustrated in Figure 9-4.202(b):

a.    Fences on Retaining Walls. The height of a fence that is on top of a retaining wall is measured from the ground level on the highest side of the fence and wall. See also Section 9-4.505(c).

b.    Decks and Balconies. Deck and balcony height is determined by measuring from the ground adjacent to the building to which the deck or balcony is attached to the top of the floor of the deck or balcony.

Figure 9-4.202(b): Measuring Height of Decks, Balconies, and Fences.

(c)    Allowed Projections above Top of Building.

(1)    Allowed Projections. The height limits for the various height districts do not apply to spires, belfries, cupolas, domes, or other architectural projections not used for human habitation, nor to chimneys, ventilators, skylights, parapet walls, cornices, solar energy systems, mechanical equipment, or other appurtenances usually located on the roof level; provided, that such features are limited to the height necessary for their proper functioning.

(2)    Height of Projections. Except for parapet walls, such features may project up to fifteen feet (15') above the roof of the building in the thirty-foot (30') height district, and up to twenty-five feet (25') above the roof of the building in all other height districts. Parapet walls may extend up to three feet (3') above the roof of the building in the thirty-foot (30') height district, and up to five feet (5') above the roof of the building in all other height districts.

(3)    Coverage of Projections. Except as provided in subsection (c)(4) of this section, all of the above mentioned features which project more than five feet (5') above the roof of the building shall be limited to a maximum aggregate coverage of ten percent (10%) of the building’s horizontal roof area. For projections of five feet (5') or less, including parapet walls, there is no limitation on coverage. Rooftop equipment shall be set back from the edge of the roof to the maximum extent feasible to minimize visibility from below and shall be screened as required by Section 9-4.507. Architectural features that are intended to be visible need not be set back from the edge of the roof or screened.

(4)    Mechanical Penthouses. Allowed projections that are completely enclosed in a mechanical penthouse shall be limited to a maximum aggregate coverage of twenty percent (20%) of the building’s horizontal roof area. Such penthouses shall be compatible with the architectural design of the building; shall be completely roofed except for cooling towers and any other equipment that cannot properly function if roofed; and are eligible for development bonuses pursuant to item (17) in Table 9-4.204(c).

(5)    Exceeding Height and Coverage Limits. The limits listed in this section, related to both projection height and horizontal area coverage, may be exceeded upon the granting of a minor conditional use permit pursuant to Article 5 of Chapter 7.

(6)    Solar Panels. The limitations set forth in this section do not apply to solar panels.

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

(1)    At least fifty percent (50%) of the lot area is already covered by the district with the maximum height limit; and

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

If subsections (d)(1) and (2) of this section do not apply, the maximum height for each portion of the lot shall be as indicated on the General Plan Height Map; provided, that the height limit shall step down from higher height limits to lower height limits as required by subsection (e) of this section.

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

Figure 9-4.202(e): Examples of Height Limits Adjacent to Lower Height Districts.

(f)    Building Bulk. All development proposals are subject to design review pursuant to the design review procedures in Article 4 of Chapter 7, including the provisions of the Emeryville Design Guidelines pertaining to building massing.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 4 (part), Ord. 15-009, eff. Dec. 3, 2015; Sec. 4 (part), Ord. 18-005, eff. Dec. 13, 2018; Sec. 3 (part), Ord. 19-009, eff. Aug. 22, 2019)

9-4.203 Residential Density.

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

Table 9-4.203(a): Maximum Residential Density

 

Maximum Permitted Residential Density (Units per Acre)

Map Designation

Base

Bonus

20/35

Up to 20

Up to 35

35/60

Up to 35

Up to 60

50/100

Up to 50

Up to 100

70/135

Up to 70

Up to 135

85/170

Up to 85

Up to 170

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

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

(1)    At least fifty percent (50%) of the lot area is already covered by the district with the maximum residential density; and

(2)    The entire lot could be included in said district by shifting the residential density district 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 residential density 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 height limits, setbacks, and any other dimensional requirements for each portion of the lot.

Figure 9-4.203(a): Maximum Residential Densities.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 4 (part), Ord. 15-009, eff. Dec. 3, 2015; Sec. 4 (part), Ord. 18-005, eff. Dec. 13, 2018)

9-4.204 Development Bonuses.

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

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

(1)    RM Medium Density Residential Zone.

a.    Multi-unit residential projects of ten (10) units or more must provide affordable units and community benefits as specified in this section. The findings in subsections (f)(1) and (2) of this section must be made.

b.    For all other projects, community benefits are not required. The findings in subsection (f)(1) of this section must be made.

(2)    In all other zones affordable housing and other community benefits as specified in this section must be provided sufficient to earn the number of points required for the bonus amount requested, pursuant to subsections (c), (d) and (e) of this section. The findings in subsection (f)(2) of this section must be made.

(3)    For bonus height over one hundred feet (100'), affordable housing and other community benefits as specified in this section must be provided sufficient to earn at least one hundred (100) points pursuant to subsections (d) and (e) of this section. The findings in subsections (f)(2) and (3) of this section must be made.

To qualify for a bonus, a community benefit must be significant and clearly beyond what would otherwise be required for the project under applicable code provisions, conditions of approval, and/or environmental review mitigation measures.

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

(1)    Points Required. The number of bonus points required, up to a maximum of one hundred (100), is calculated according to the following formula:

Bonus Requested

X

100

=

Points Required

Bonus Increment

 

 

 

 

Variables used in bonus point calculation:

a.    Bonus Requested. The amount of FAR, height, or residential density requested for the project above the base level as specified in Tables 9-4.201(a), 9-4.202(a) and 9-4.203(a), respectively.

b.    Bonus Increment. The difference between the maximum bonus amount and the maximum base amount for FAR, height, and residential density as specified in Tables 9-4.201(a), 9-4.202(a), and 9-4.203(a), respectively.

(2)    Points Count Toward All Bonuses. The points awarded for the provision of affordable housing and other community benefits pursuant to subsections (d) and (e) of this section may be counted towards FAR, height, and residential density. It is not necessary to earn separate points for each of these bonuses.

(3)    Height over One Hundred Feet (100'). To qualify for bonus height over one hundred feet (100') in the seventy-five/one hundred plus (75/100+) height district, affordable housing and other community benefits worth at least one hundred (100) points must be provided pursuant to subsections (d) and (e) of this section.

(4)    Modifications.

a.    Prior to Issuance of Building Permit. No community benefit for which a bonus has been granted may be eliminated or reduced in size without the approval of the Planning Commission or City Council, whichever approved the project. To grant such approval, the Commission or Council must find that there is a corresponding reduction in intensity, height, and/or density, a substitution of an equivalent community benefit, or a combination of the two.

b.    Prior to Issuance of Certificate of Occupancy. Before a certificate of occupancy is issued for a project, the applicant shall certify to the Director that the bonus points upon which the project’s floor area ratio, height, and/or residential density were based have, in fact, been achieved. If the number of bonus points achieved by the completed project is less than required, the applicant shall contribute one-tenth of one percent (0.1%) of construction valuation per point of shortfall to the Citywide Parks Fund. Such contribution shall be made before a certificate of occupancy is issued.

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

(1)    Residential Projects. Multi-unit residential developments of ten (10) units or more shall provide affordable units in the development in accordance with the applicable requirements of Article 4 of Chapter 5. The number of bonus points awarded shall be determined for providing affordable units at various income levels in accordance with Table 9-4.204(d)(1) below.

Table 9-4.204(d)(1): Bonus Points for Affordable Units in Project

Bonus Points Awarded

Rental Projects

Ownership Projects

TOTAL

Very Low Income

Low Income

Moderate Income

Moderate Income

5

12.5%

2.8%

4.3%

5.3%

20.5%

10

13.0%

2.9%

4.5%

5.5%

21.0%

15

13.5%

3.1%

4.7%

5.8%

21.5%

20

14.0%

3.2%

4.9%

6.0%

22.0%

25

14.5%

3.3%

5.0%

6.2%

22.5%

30

15.0%

3.4%

5.2%

6.4%

23.0%

35

15.5%

3.5%

5.4%

6.6%

23.5%

40

16.0%

3.6%

5.6%

6.8%

24.0%

45

16.5%

3.7%

5.7%

7.0%

24.5%

50

17.0%

3.9%

5.9%

7.2%

25.0%

(2)    Nonresidential Projects. Nonresidential developments shall pay an additional affordable housing impact fee in accordance with Table 9-4.204(d)(2) below. The increase shall be based on the applicable fee in effect when the fee is due. For use types that are normally exempt from the affordable housing impact fee, the increased fee shall be based on the fee for nonexempt uses.

 

Table 9-4.204(d)(2): Bonus Points for Nonresidential Uses

Bonus Points Awarded

Additional Fee

5

10%

10

20%

15

30%

20

40%

25

50%

30

60%

35

70%

40

80%

45

90%

50

100%

For example, if the current fee for nonexempt uses were four dollars ($4.00) per square foot, to earn thirty (30) points, an additional fee of two dollars and forty cents ($2.40) per square foot would be required (sixty percent (60%) of four dollars ($4.00)) for a total of six dollars and forty cents ($6.40) per square foot. A use type that is normally exempt from the affordable housing impact fee would not pay the base fee of four dollars ($4.00) per square foot, but would pay the fee increase of two dollars and forty cents ($2.40) per square foot.

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

Table 9-4.204(e): Community Benefits and Bonus Points 

Community Benefit

Maximum Points

Point Calculation

Requirements

(1)

Public Open Space

50

15% of site area or 2,000 square feet, whichever is greater: 50 points

Must be in addition to what is required by Article 3 of this chapter. Design must comply with applicable provisions of the Emeryville Design Guidelines and be approved as part of design review for the project. Open space must be accessible to the general public at all times. Provision must be made for ongoing operation and maintenance in perpetuity.

10% of site area or 1,500 square feet, whichever is greater: 35 points

5% of site area or 1,000 square feet, whichever is greater: 20 points

Contribution to Citywide Parks Fund: 10 points for every 1% of project construction valuation up to 50 points

Contribution must be made prior to issuance of building permit.

(2)

Zero Net Energy

50

100% of energy load (zero net energy): 50 points

Percent of total building energy load measured as kilowatt per square foot provided by solar panels, wind turbines, or other renewable sources.

(3)

Public Improvements

50

10 points for every 1% of project construction valuation up to 50 points

Does not include improvements along project frontage that are normally required. Examples include curb, gutter, and sidewalk; pedestrian and bicycle paths; sanitary and storm sewers; and street trees, beyond what would normally be required.

(4)

Utility Undergrounding

50

Contribution to Citywide Underground Utility Fund: 10 points for every 1% of project construction valuation up to 50 points

Does not include utility undergrounding that is normally required.

(5)

Additional Family-Friendly Units

50

5 points for each additional 5 percent of total units that have 2 or more bedrooms, of which at least 1 percent of total units must have 3 or more bedrooms

2- and 3-bedroom units are in addition to those required by Section 9-5.2003, and must comply with the applicable provisions of the Emeryville Design Guidelines pertaining to family-friendly residential unit design.

(6)

Small Businesses

50

Contribution to Citywide Fund to Support Small Local-Serving Businesses: 10 points for every 1% of project construction valuation up to 50 points

Contribution must be made prior to issuance of building permit.

(7)

Flexible Community Benefit

50

The City Council shall determine the number of points to grant for the proposed community benefit based on 10 points for every 1% of project construction valuation

Currently undefined community benefit proposed by the applicant that is significant and substantially beyond normal requirements. An example would be universal design features beyond those required by applicable building codes.

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

(1)    In the RM Medium Density Residential zone:

a.    That the proposed project is compatible with the surrounding neighborhood with regard to building scale, form, and materials, and street orientation.

b.    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, except that a driveway of up to ten feet (10') in width shall be allowed.

(2)    In all other zones:

a.    That the proposed project will provide community benefits sufficient to earn the number of points required for the bonus amount requested, pursuant to subsections (c), (d) and (e) of this section.

b.    That the proposed community benefits for the project are significant and clearly beyond what would otherwise be required for the project under applicable code provisions, conditions of approval, and/or environmental review mitigation measures.

c.    That the proposed community benefits for the project are acceptable and appropriate in this case, and will provide tangible benefits to the community.

(3)    Bonus height over one hundred feet (100'):

a.    That the proposed project will provide community benefits sufficient to earn at least one hundred (100) points pursuant to subsections (d) (and (e) of this section.

b.    That the proposed project will minimize impacts on public views, wind, and shadows at the street level.

c.    That the proposed project will be adequately separated from other buildings over one hundred feet (100') tall, with consideration given to solar access.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 4 (part), Ord. 15-009, eff. Dec. 3, 2015; Sec. 3 (part), Ord. 19-009, eff. Aug. 22, 2019)

Article 3.    Setbacks, Courts and Open Space

9-4.301 Setbacks.

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

Table 9-4.301(a): Minimum Setbacks 

Minimum Setback:

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 2 adjacent lots are developed:1

Average of front setbacks 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 1 of the adjacent lots is developed:1

Same as front setback on developed lot but not less than 5 feet.

Same as front setback on developed lot but not less than 10 feet.

If neither of the adjacent lots is developed:

5 feet

10 feet

Corner lot, whether or not adjacent lots are developed:

5 feet

10 feet

Street Side

3 feet

Interior Side

3 feet

3 feet, plus an additional 2 feet for each 1 foot by which the height of the building on the nonresidential lot exceeds 30 feet.

None.

Rear

15 feet

10 feet, plus an additional 2 feet for each 1 foot by which the height of the building on the nonresidential lot exceeds 30 feet.

Notes:

1.    Detached garages and accessory buildings shall not be considered in determining existing front setbacks.

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.

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

(1)    Setbacks and yards are as defined below and illustrated in Figure 9-4.301(b)(1):

a.    Lot Line. Any boundary of a lot, as further defined in Chapter 8.

b.    Minimum Setback. The minimum setback distance prescribed in Table 9-4.301(a).

c.    Setback Line. A line in the interior of a lot parallel to the lot line at a distance from the lot line equal to the minimum setback.

d.    Required Yard. The area between the lot line and the setback line.

Figure 9-4.301(b)(1): Setbacks and Yards.

(2)    Front, rear, and side lot lines are as defined below and illustrated in Figure 9-4.301(b)(2):

a.    Front. The lot line abutting a public street, with the following caveats:

i.    Through Lot. A through lot that extends across a block has two (2) front lot lines, one (1) on each abutting street, and no rear lot line.

ii.    Corner Lot. The front lot line of a corner lot shall be determined based on the development patterns of the lot and adjacent lots, and on the characteristics of the abutting streets. Where no Planning Commission or City Council approval is required, the Director shall determine the front lot line; the Director’s determination may be appealed to the Planning Commission in accordance with the appeal procedures in Article 14 of Chapter 7. Where Planning Commission or City Council approval is required, the Commission or Council, as the case may be, shall determine the front lot line based on a recommendation from the Director.

b.    Rear. The lot line most distant from and most closely parallel to the front lot line.

c.    Side. A lot line that is neither front nor rear, as follows:

i.    Interior Side. A side lot line that does not abut a street.

ii.    Street Side. A side lot line that abuts a street.

A corner lot has an interior side lot line and a street side lot line. A noncorner lot has two (2) interior side lot lines.

Figure 9-4.301(b)(2): Front, Side, and Rear Lot Lines.

(3)    Required Yards. Required front, rear, and side yards are as defined below and illustrated in Figure 9-4.301(b)(3):

a.    Front Yard, Required. The area bounded by the front lot line, side lot lines, and front setback line.

b.    Rear Yard, Required. The area bounded by the rear lot line, side lot lines, and rear setback line.

c.    Side Yard, Required. The area bounded by the side lot line, side setback line, and front and rear setback lines. Note that a required side yard does not extend to the front or rear lot lines, and does not overlap the required front or rear yards. A required side yard may be either street side or interior side.

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

Figure 9-4.301(b)(3): Required Yards.

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

(1)    Plant material including trees, shrubs, vines, hedges, and ground cover.

(2)    Uncovered landscape features such as paths, benches, patios, flagpoles, sculptures and similar decorative features.

(3)    Trellises and arbors to support vines and planting.

(4)    Retaining walls, berms, earthen mounds, embankments, and other fill.

(5)    Irrigation, drainage, and lighting systems.

(6)    Utility poles, wires, and pipes.

(7)    Stormwater treatment features required by Chapter 13 of Title 6.

(8)    Disabled access features, including, but not limited to, ramps and mechanical lifts, if such features are in compliance with applicable requirements of the California Building Code and/or Americans with Disabilities Act.

(9)    Entry features such as gates, arbors, and similar entry features not exceeding eight feet (8') in height, ten feet (10') in width, and six feet (6') in depth.

(e)    Features Allowed in Required Yards with Restrictions. Certain features are allowed in required yards with restrictions as indicated in Table 9-4.301(e). The restrictions imposed by this subsection may be modified, and additional features my be allowed in required yards, upon the granting of a minor conditional use permit pursuant to Article 5 of Chapter 7.

 

Table 9-4.301(e): Features Allowed in Required Yards With Restrictions 

Feature

Distances That Features May Extend over Setback Line into Required Yard

Front Setback

Street Side Setback

Interior Side Setback

Rear Setback

(1)

Eaves; awnings, louvers, and similar shading devices; sills, cornices, and chimneys; and similar architectural projections from a building.

3 feet

2 feet

2 feet

4 feet

(2)

Patio roofs and similar structures if such structures do not exceed 12 feet in height and if each has open, unwalled sides along not less than 50% of its perimeter.

4 feet

2 feet

2 feet

No restriction.

(3)

Breezeways and similar roofed passageways if they do not exceed 12 feet in height and 8 feet in width and are not enclosed on the sides.

4 feet

2 feet

2 feet

No restriction.

(4)

Bay windows, if the aggregate width of bay windows on any 1 story does not exceed 50% of the length of the wall containing them, no individual bay window exceeds 15 feet in width, and all such windows are cantilevered only.

3 feet, but not to within 5 feet of the front lot line for a Single Unit or Two (2) Unit Dwelling.

Not allowed.

5 feet

(5)

Uncovered balconies or decks, including access stairs or ramps to balconies, decks, or doors.

6 feet, but not to within 5 feet of the front lot line for a Single Unit or Two (2) Unit dwelling.

2 feet

2 feet

6 feet. No restriction for decks no higher than 30 inches from the ground.

(6)

Exterior access facilities leading to the second or higher story of a building, including open or enclosed fire escapes and open, unroofed outside stairways, and landings.

4 feet

2 feet

Not allowed.

6 feet

(7)

Covered porches, including access stairs and ramps.

8 feet, but not to within 3 feet of the front lot line for a Single Unit or Two (2) Unit dwelling.

2 feet

2 feet

Allowed anywhere, but not to within 5 feet of the rear lot line.

(8)

Air conditioners, compressors, hot tub motors, and similar devices if emitting noise readily noticeable by the average person at or beyond the lot line, whether or not the devices are attached to a building.

Not allowed.

Any distance, but not to within 5 feet of the rear lot line.

(9)

Play structures, clotheslines, compost bins.

Not allowed.

No restriction.

(10)

Detached or attached garages, carports, sheds, trash and recycling enclosures, and other accessory structures no more than 10 feet in height and with no habitable space.

Not allowed.

Allowed anywhere; provided, that the horizontal dimension parallel to the lot line is no more than 20 feet.

Allowed anywhere; provided, that the horizontal dimension parallel to the lot line is no more than 20 feet, but not to within 3 feet of a street side lot line.

(11)

Covered, underground or partially excavated structures including, but not limited to, garages, wine cellars, and basements.

Allowed anywhere; provided, that the surfaces of such structures are landscaped or developed as patios or terraces and do not extend more than 30 inches above finished grade.

(12)

Fences and walls.

Allowed anywhere, subject to the requirements of Section 9-4.505.

(13)

Short-term bicycle parking.

Allowed anywhere, subject to the requirements of Section 9-4.408(e)(2).

(14)

Signs.

Allowed anywhere, subject to the requirements of Article 16 of Chapter 5.

(15)

Radio or television antennas, including dishes.

Not allowed.

Allowed anywhere but not to within 1 foot of the lot line, and subject to the requirements of Article 17 of Chapter 5.

(16)

Accessory dwelling units.

Not allowed.

Up to 5 feet from the rear lot line, and 3 feet from the side lot lines, subject to the dimensional requirements of Section 9-5.1408.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017)

9-4.302 Courts.

Courts shall be provided between facing exterior walls of multi-unit residential buildings with ten (10) units or more on the same lot in accordance with the requirements of this section. See Figure 9-4.302 for a general illustration.

(a)    Opposite Living Room Windows. The minimum width of a court opposite a living room window shall equal the height of the opposite wall, but need not exceed fifty feet (50'), and shall not be less than twenty feet (20') if there is a required window of a habitable room, as defined in the Building Code, in the opposite wall.

(b)    Opposite Other Habitable Rooms. The minimum width of a court opposite a window of a habitable room other than a living room shall equal the height of the opposite wall, but need not exceed fifty feet (50'), and shall not be less than fourteen feet (14') if there is a required window of a habitable room other than a living room in the opposite wall.

(c)    Dimensions of Courts. Required courts shall extend horizontally ten feet (10') in both directions from the centerline of a required window, and shall extend upward from the lowest floor level of the exterior wall containing the window.

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

Figure 9-4.302: Courts.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017)

9-4.303 Open Space.

(a)    Open Space Requirements.

(1)    Purpose. These requirements are intended to provide high quality open spaces for active and passive recreation. They establish minimum standards for the amount and type of open spaces required, the size of such spaces, and provisions for security and privacy.

(2)    Multi-Unit Residential and Live/Work Uses.

a.    Applicability and General Standards. A minimum of sixty (60) square feet of required open space shall be provided per dwelling or Live/Work Unit, consisting of forty (40) square feet of private open space and twenty (20) square feet of common open space, except as stipulated below.

i.    To the maximum extent feasible, each unit shall be provided with a private open space.

ii.    Where infeasible to provide private open space, common open space may be substituted for private open space at the ratio of two to one (2:1) (i.e., eighty (80) square feet of common open space may substitute for forty (40) square feet of required private open space).

b.    Driveways, Loading, and Service Areas. Required open spaces may not be located in driveways, loading, and service areas, except in projects of ten (10) units or less, and as permitted by a minor conditional use permit with the following provisions:

i.    Driveways may constitute up to fifty percent (50%) of the total common required open space for a given project.

ii.    A minor conditional use permit shall only be granted with the finding that the driveway was designed in such a way that is usable and pleasant, and minimizes conflict with parked vehicles.

iii.    Suggested surface treatments include unit pavers, supported turf, and painted play courts.

iv.    Vehicular access shall not infringe upon residents’ use of the open space. The driveway must be clearly designed as common open space and include adequate traffic calming measures.

v.    No surface parking may be placed within fifteen feet (15') of the edge of a play court.

(3)    All Other Uses.

a.    Applicability and General Standards. These provisions apply to new buildings or additions of ten thousand (10,000) square feet of gross floor area or greater.

i.    Residential Uses Other Than Multi-Unit Uses. Except as provided in subsection (a)(5)(a) of this section, new buildings or additions that exceed ten thousand (10,000) square feet shall provide a minimum area of common open space and/or privately owned public open space (POPOS) that totals at least five percent (5%) of the gross floor area.

ii.    Commercial and Institutional Uses.

1.    New buildings or additions that exceed ten thousand (10,000) square feet but are less than one hundred thousand (100,000) square feet shall provide a minimum area of common open space and/or privately owned public open space (POPOS) that totals at least five percent (5%) of the gross floor area.

2.    New buildings or additions that exceed one hundred thousand (100,000) square feet shall provide a minimum area of common open space and/or privately owned public open space (POPOS) that totals at least five percent (5%) of the gross floor area. Included in this requirement, the developer shall provide a minimum area of POPOS that totals at least one percent (1%) of the gross floor area.

iii.    Industrial, Agricultural, and Communication, Transportation and Utilities Uses. New buildings or additions that exceed ten thousand (10,000) square feet shall provide a minimum area of common open space that totals at least two percent (2%) of the gross floor area.

b.    Open Space In-Lieu Fees for Nonresidential Projects. Instead of providing required open space pursuant to this section, applicants for nonresidential projects may provide a payment of an open space in-lieu fee to allow the City to acquire sites for open space to meet the open space needs that cannot be supplied on site. An open space in-lieu fee shall be provided for nonresidential uses only as follows:

i.    Open Space In-Lieu Fee Amount. The amount of the open space in-lieu fee shall be as set forth in the Master Fee Schedule.

ii.    Deposit of Funds. Open space in-lieu fees shall be deposited with the City of Emeryville prior to issuance of a building permit in the Citywide Parks Fund and shall be used for open space facilities, including property acquisition and development of open space facilities in Emeryville.

iii.    Refund of Fee. An open space in-lieu fee may be refunded, without interest, to the person who made such payment, or his assignee or designee, if the project provides the required open space. To obtain a refund, the required open space must be in place prior to issuance of a certificate of occupancy and before funds are spent or committed by the City.

(4)    Mixed Uses. Open space requirements for mixed use projects shall be the sum of the requirements of individual uses as provided in this section.

(5)    Exemptions. The requirements of this section do not apply to the following situations:

a.    Uses Exempted. The following uses shall be exempt from the requirements of this section:

Residential Use Types

Single Unit

Two (2) Unit

Commercial and Institutional Use Types

Arts and Entertainment

Outdoor Entertainment

Community Assembly

Small

Large

Eating and Drinking Establishments

Mobile Food Vendors

Lodging

Bed and Breakfast

Marina

Major Public Services

Parking

Recreation

Outdoor

Retail

Outdoor Sales

Industrial Use Types

Storage and Distribution

Outdoor

Agriculture Use Types

Community Gardens

Outdoor Agriculture

Animal Husbandry

Communication, Transportation and Utilities Use Types

Communications Facilities

Transmission Towers

Equipment within Buildings

Transportation and Delivery Services

Human-Powered

b.    The reconstruction of an existing building of which fifty percent (50%) or less of the floor area was destroyed or ruined by flooding, fire, wind storm, or some other natural disaster; provided, that reconstruction will not result in an increase in building size.

c.    Any use, building, or structure for which only a change of use is requested and which requires no structural modifications that increase its floor area by more than ten thousand (10,000) square feet.

(b)    Open Space Standards.

(1)    All Open Spaces.

a.    Required open space must comply with the Emeryville Design Guidelines and any other applicable design guidelines.

b.    Required open space must comply with relevant provisions in this Code including but not limited to: landscaping and screening (Article 5 of this chapter), water use (Article 6 of this chapter), lighting and illumination (Article 7 of this chapter) and stormwater treatment design, management, and discharge control program (Chapter 13 of Title 6).

c.    Dimensions. All required open spaces except for private open spaces shall meet or exceed the following dimensional standards:

i.    At least one (1) open space within the project shall accommodate a square laid flat with minimum dimensions as specified in Table 9-4.303(b):

Table 9-4.303(b): Minimum Open Space Dimensions

Total Required Square Feet of Open Space

Dimensions of Square (in feet)

40—199

6 x 6

200—299

10 x 10

300—599

15 x 15

600—899

20 x 20

900 and up

25 x 25

ii.    A six-foot (6') by six-foot (6') square, laid flat, must fit within every part of the open space, as illustrated in Figure 9-4.303(b).

Figure 9-4.303(b): Illustration of Minimum Open Space Dimensions.

d.    Sun Exposure. Open space shall be located and designed to maximize exposure to the sun. Required open space must be seventy-five percent (75%) open to the sky, balconies and patios excepted. This does not preclude the use of removable shade features such as table umbrellas or retractable awnings.

e.    Surface Materials. Surface materials shall contribute to usability, be dust free, and be as pervious as possible. Examples include ground cover, flagstone, wood planking, unit pavers or other serviceable surfacing.

(2)    Private Residential Open Space.

a.    Definition. “Private open space” is an individual yard, patio, porch, or balcony directly accessible from the dwelling unit for which the open space provides an opportunity for private outdoor recreation and relaxation.

b.    Dimensions, Access, and Placement.

i.    In order for private open space to count toward the minimum required open space, a five-foot (5') by six-foot (6') rectangle, laid flat, must fit within every part. This requirement includes balconies.

ii.    A private open space may not be more than thirty-six inches (36") above or below the threshold of the doorway serving as its primary access.

c.    Screening of Private Open Space.

i.    Acceptable screening materials include wood, painted or anodized metal, vegetation, masonry, ceramic and other materials deemed acceptable by the Director.

ii.    If a private open space is located adjacent to a common open space or public right-of-way, it shall be screened with a barrier, such as a decorative wall, hedge, or landscaping, which is at least three feet (3') tall and at least fifty percent (50%) solid.

iii.    Balconies, Patios, and Porches. No more than fifty percent (50%) of the perimeter of balconies, patios, and porches not abutting the building may be enclosed by anything more than four feet (4') tall. Anything more than four feet (4') tall shall be transparent.

d.    Each private open space greater than forty (40) square feet shall only count as forty (40) square feet toward private open space requirements.

e.    Required private open space may not be located in required front yards.

(3)    Common Open Space.

a.    Definition. “Common open spaces” are courtyards, sport courts, play areas, and gardens for communal use within a development.

b.    Access and Placement, Residential Development.

i.    When feasible, the primary route to an interior unit shall be through common open space.

ii.    When feasible, a common open space should be directly visible and accessible from all of the units it is intended to serve.

c.    Screening. Ground level common open space shall be enclosed by buildings, or have partially transparent screening or landscaping, such as a fence, decorative wall, hedge, or tall grasses.

d.    Required open spaces may be located on rooftops.

e.    A planted area shall be provided within the common open space that consists of at least twenty-five percent (25%) of the required common open space.

f.    All required common open spaces shall include one (1) seat or thirty inches (30") of bench or seat wall for every one hundred (100) square feet of required open space.

g.    All required common open spaces shall provide one (1) tree per one thousand (1,000) square feet of required open space.

(4)    Privately Owned Public Open Space (POPOS).

a.    Definition. “Privately owned public open spaces” are courtyards, plazas, parks, walkways and gardens for use by the public on privately owned land.

b.    Dimensions, Access, and Placement.

i.    A minimum of twenty-five percent (25%) of the perimeter of all POPOS must abut a sidewalk or a publicly accessible pathway.

ii.    POPOS shall not be more than three feet (3') above or below an adjacent sidewalk or, if not, shall be served by a publicly accessible pathway.

iii.    Privately owned public open spaces shall include signage that is located in a publicly conspicuous place stating that the open space is available for public use and the hours of use. If the POPOS is within three feet (3') above or below the sidewalk level, a sign must be located at the sidewalk level. If the POPOS is more than three feet (3') above or below sidewalk level, a sign must be located at both the public access level and at the sidewalk level. There shall be a sign at each public access point with a minimum of one (1) sign per street frontage. Each sign shall be at least two (2) square feet.

iv.    Required open space shall be directly and conveniently accessible to the general public at least during all hours that City of Emeryville parks are open pursuant to Chapter 24 of Title 5.

c.    POPOS may be located on rooftops; provided, that they meet all of the other requirements of this section.

d.    A planted area shall be provided within the POPOS that consists of at least twenty-five percent (25%) of the required open space.

e.    All POPOS shall include one (1) seat or thirty inches (30") of bench or seat wall for every one hundred (100) square feet of required open space.

f.    All POPOS shall provide one (1) tree per one thousand (1,000) square feet of required open space.

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

Article 4.    Parking and Loading

9-4.401 Purpose.

The purposes of the off-street parking and loading regulations are to:

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

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

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

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

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

(f)    Reduce urban stormwater runoff and heat island effect.

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

9-4.402 Applicability.

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

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

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

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

(e)    Exceptions.

(1)    Neighborhood Retail Overlay Zone. Pursuant to Section 9-3.404(a)(4), in the NR Neighborhood Retail overlay zone 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 provisions of this article.

(2)    Transit Hub Overlay Zone. Pursuant to Section 9-3.406(a)(1), in the TH Transit Hub overlay zone maximum parking allowances shall be reduced to fifty percent (50%) of the allowances set forth in this article.

(3)    Alternative Parking Plans. If an alternative parking plan is approved pursuant to Section 9-4.407, the off-street parking shall be subject to the provisions of said plan.

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

9-4.403 General Regulations and Standards.

(a)    Reduction in Off-Street Parking and Loading Spaces.

(1)    Parking.

a.    Off-street parking spaces established as of the effective date of this article may be reduced in number or eliminated entirely. If such spaces are required as a condition of approval of a planning permit, they may be reduced in number or eliminated entirely upon the granting of a minor conditional use permit.

b.    Surplus off-street parking spaces may be rented out to nonoccupants of the property with the provision that such spaces must be vacated on thirty (30) days’ notice if they become needed by occupants of the property.

(2)    Loading. Off-street loading spaces established as of the effective date of the ordinance codified in this article shall not be reduced in number during the life of such building or land use below that which would be required for a new building or use of a similar type under the requirements of this article. All such off-street loading spaces shall remain permanently available and accessible for the loading of vehicles by occupants of the property, as intended by the requirements of this article.

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

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

(1)    New Construction with an Estimated Parking Demand of Twenty-Six (26) Spaces or More.

a.    Parking Equal to or Less Than the Estimate Demand. If the actual number of parking spaces provided is equal to or less than the estimated parking demand as calculated in accordance with Section 9-4.404, with reductions for the TH Transit Hub overlay zone as specified in Section 9-3.406(a)(1), if applicable, the number of accessible spaces to be provided shall be based on the estimated parking demand regardless of the total number of spaces actually provided. This provision applies even if no other spaces are provided, other than accessible spaces.

b.    Parking Greater Than the Estimated Demand. If the actual number of parking spaces provided is greater than the estimated parking demand as calculated in accordance with Section 9-4.404, with reductions for the TH Transit Hub overlay zone as specified in Section 9-3.406(a)(1), if applicable, the number of accessible spaces to be provided shall be based on the total number of spaces actually provided.

(2)    All Other Uses, Including Additions and Alterations to Existing Construction. The number of accessible spaces to be provided shall be based on the total number of parking spaces actually provided. If no parking is provided, then no accessible parking is required. Existing accessible parking shall not be reduced.

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

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

(1)    All off-street parking spaces shall be leased or sold separately from the rental or purchase fees for dwelling units for the life of the dwelling units, such that potential renters or buyers have the option of renting or buying a residential unit at a price lower than would be the case if there were a single price for both the residential unit and the parking space(s).

(2)    In cases where there are fewer parking spaces than dwelling units, the parking spaces shall be offered first to the potential buyers or renters of three (3) bedroom or more units, second to potential buyers or renters of two (2) bedroom units, and then to potential buyers and renters of other units.

(3)    Potential buyers and renters of affordable units shall have an equal opportunity to buy or rent a parking space on the same terms and conditions as offered to potential buyers and renters of market-rate units, at a price proportional to the sale or rental price of their units as compared to comparable market-rate units. This stipulation shall be included in any agreement recorded between the City and developer pertaining to the affordable housing units pursuant to Article 4 of Chapter 5 of this title.

(4)    Parking spaces shall be offered only to residents of the dwelling units served by the off-street parking, except that any surplus spaces may be rented out to nonresidents with the provision that such spaces must be vacated on thirty (30) days’ notice if they become needed by residents. Visitor spaces shall not be rented out.

The Director may grant an exception from the requirements of this subsection for affordable units which include financing for affordable housing that requires that costs for parking and housing be bundled together.

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

(1)    Large Parking Lots. New or expanded surface parking lots of more than two (2) acres are prohibited. Such parking facilities shall be provided within buildings or parking structures, or shall be otherwise covered by a structure that serves a nonparking function such as solar panels, recreational facilities, roof deck, or green roof.

(2)    Medium Parking Lots. New or expanded surface parking lots of greater than one-half (1/2) acre but not more than two (2) acres may be allowed with a conditional use permit. To grant such a conditional use permit, the following findings must be made in addition to the findings required by Article 5 of Chapter 7 of this title:

a.    That the applicant has convincingly demonstrated that it is infeasible to provide the parking within a building or parking structure, or to otherwise cover it.

b.    That the applicant has convincingly demonstrated that every reasonable effort has been made to minimize the size of the parking lot.

c.    That the parking spaces comply with the requirements of this article including the design standards of Section 9-4.406.

d.    That the applicable provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to parking and access, have been met.

(3)    Small Parking Lots. New or expanded surface parking lots of no more than one-half (1/2) acre are permitted subject to the requirements of this article including the design standards of Section 9-4.406.

(4)    Pedestrian Circulation. Parking lots containing fifty (50) or more spaces shall have walkways separated from motor vehicle maneuvering aisles and driveways connecting the principal building or buildings served by the lot to the farthest point of the lot from the main pedestrian entrance of such building or buildings.

a.    Materials and Width. Walkways shall provide at least four feet (4') of unobstructed width and be hard surfaced.

b.    Identification. Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, different paving material, or similar method.

c.    Separation. Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it must be raised and separated from the auto travel lane by a raised curb at least six inches (6") high, bollards, or other physical barrier.

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

9-4.404 Calculation of Estimated Parking Demand.

The maximum number of parking spaces allowed shall be based on the estimated parking demand by use type as listed in Table 9-4.404. The following rules apply when calculating the estimated parking demand:

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

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

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

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

(e)    If Estimated Parking Demand Is “To Be Determined.”

(1)    If Table 9-4.404 indicates that the estimated parking demand is to be determined (“TBD”), the estimated parking demand shall be determined based on the characteristics of the specific use in question and other similar uses. Where no Planning Commission or City Council approval is required, the Director shall determine the estimated parking demand; the Director’s determination may be appealed to the Planning Commission in accordance with the appeal procedures in Article 14 of Chapter 7. Where Planning Commission or City Council approval is required, the Commission or Council, as the case may be, shall determine the estimated parking demand based on a recommendation from the Director.

(2)    If the Director has classified a use not listed pursuant to Section 9-2.102(d), the estimated parking demand may be determined pursuant to subsection (e)(1) of this section.

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

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

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

(1)    That the applicant has convincingly demonstrated that the additional parking is required to meet the anticipated parking demand of the proposed uses.

(2)    That the provision of the additional parking will not result in an overdependence on automobiles and will not adversely affect transit, bicycle, or pedestrian access to the site or other adjacent uses.

Table 9-4.404: Estimated Parking Demand

Use Type

Number of Spaces

Per

Residential Use Types

 

 

Single Unit

1

dwelling unit

Two (2) Unit and Multi-Unit

 

 

All except senior2 and low-income housing3

 

 

Resident parking

1

dwelling unit

Guest parking for developments with five or more dwelling units

0.2

dwelling unit

Senior2 and low-income housing3

 

 

Resident parking

0.5

dwelling unit

Guest parking for developments with five or more dwelling units

0.2

dwelling unit

Domestic Violence Shelter

0.25

bed

Group Residential

 

 

Small

none

 

Large

0.25

bed

Mobile Home Park

1

mobile home

Residential Care Facility

 

 

Limited

none

 

General

0.25

bed

Supportive Housing

0.25

bed

Transitional Housing

0.25

bed

Commercial and Institutional Use Types

 

 

Adult Oriented Businesses

 

 

Retail

3

1,000 gross square feet

Performance

5

1,000 gross square feet

Animal Care and Sales

 

 

Grooming

TBD1

 

Kennel/Animal Care

TBD1

 

Pet Stores

3

1,000 gross square feet

Veterinary Services

3

1,000 gross square feet

Arts and Entertainment

 

 

Gallery

1

1,000 gross square feet

Indoor and Outdoor Entertainment

 

 

With fixed seats

0.2

seat4

Without fixed seats

10

1,000 gross square feet of indoor assembly area

Banks and Financial Institutions

3

1,000 gross square feet

Business Services

3

1,000 gross square feet

Colleges and Trade Schools

0.5

maximum school population on site at any one time, including students, teachers, and staff

Community Assembly

 

 

Small

none

 

Large

 

 

With fixed seats

0.2

seat4

Without fixed seats

10

1,000 gross square feet of indoor assembly area

Day Care Centers

3

1,000 gross square feet

Eating and Drinking Establishments

 

 

Bars/Nightclubs/Lounges

8

1,000 gross square feet

Restaurants

8

1,000 gross square feet

Mobile Food Vendors

TBD1

 

Emergency Shelters

TBD1

 

Funeral Homes, Mortuaries and Mausoleums

 

 

With fixed seats

0.2

seat4

Without fixed seats

10

1,000 gross square feet of indoor assembly area

Health Care

 

 

Clinics and Medical Offices

3

1,000 gross square feet

Hospitals

3

1,000 gross square feet

Medical Laboratories (nonresearch)

4

1,000 gross square feet

Instructional Services

 

 

Individual/Small Group Instruction

none

 

Group Instruction

0.2

student

Libraries and Museums

 

 

Libraries

2.3

1,000 gross square feet

Museums

1

1,000 gross square feet

Live/Work Unit – All

 

 

The greater of

1.5

live/work unit

or

1.5

1,000 gross square feet

Lodging

 

 

Hotels and Motels

0.5

room

Bed and Breakfast

TBD1

 

Major Public Services

TBD1

 

Marina

TBD1

 

Motor Vehicle Sales and Services

 

 

Cleaning

0.5

maximum number of employees on site at any one time

Rentals

1

maximum number of rental vehicles on site at any one time

plus

0.5

maximum number of employees on site at any one time

Sales and Leasing

1

1,000 gross square feet

Repair and Service

1

service bay5

Service Station

1.2

fueling station6

Towing and Impounding

TBD1

 

Offices – All

2.4

1,000 gross square feet

Parking

none

 

Personal Services

 

 

Small

none

 

Large

2.4

1,000 gross square feet

Public Safety Facilities

TBD1

 

Recreation

 

 

Gaming

5

1,000 gross square feet

Indoor

TBD1

 

Outdoor

TBD1

 

Repair Services

3

1,000 gross square feet

Retail

 

 

Firearms and Ammunition

3

1,000 gross square feet

Liquor Sales

3

1,000 gross square feet

Tobacco Shops

3

1,000 gross square feet

Small Stores

3

1,000 gross square feet

Medium Stores

3

1,000 gross square feet

Large Stores

4

1,000 gross square feet

Outdoor Sales

TBD1

 

Food and Beverage Sales

3

1,000 gross square feet

Cannabis Sales

3

1,000 gross square feet

Schools

0.08

student

Social Service Facilities

3

1,000 gross square feet

Industrial Use Types

 

 

Arts-Industrial – All

1

1,000 gross square feet

Commercial Kitchens

1

1,000 gross square feet

Construction and Maintenance

1

1,000 gross square feet

Crematories

1

1,000 gross square feet

Food Production and Assembly – All

1

1,000 gross square feet

Hazardous Waste Facilities – All

TBD1

 

Laundry and Dry Cleaning Services

1

1,000 gross square feet

Manufacturing

 

 

Pharmaceutical

1

1,000 gross square feet

Custom

0.75

1,000 gross square feet

Light

0.75

1,000 gross square feet

General

1

1,000 gross square feet

Heavy

1

1,000 gross square feet

Cannabis Manufacturing

1

1,000 gross square feet

Recycling Facilities – All

TBD1

 

Research and Development

1.5

1,000 gross square feet

Salvage and Wrecking

TBD1

 

Storage and Distribution

 

 

Indoor

0.5

1,000 gross square feet

Outdoor

TBD1

 

Personal

0.15

1,000 gross square feet

Agricultural Use Types

 

 

Community Gardens

TBD1

 

Indoor Agriculture

TBD1

 

Outdoor Agriculture

TBD1

 

Animal Husbandry

TBD1

 

Communication, Transportation, and Utilities Use Types

 

 

Communications Facilities

 

 

Transmission Towers

none

 

Equipment within Buildings

0.5

maximum number of employees on site at any one time

Transportation and Delivery Services

 

 

Bus/Rail Passenger Stations

60

1,000 daily boardings

Truck/Rail Freight Terminals

0.5

maximum number of employees on site at any one time

Human-Powered

none

 

Light Fleet

1

maximum number of fleet vehicles on site at any one time

plus

0.5

maximum number of employees on site at any one time

Utility Services

TBD1

 

Notes:

1.    TBD = To be determined. See Section 9-4.404(e).

2.    Senior housing means housing that is restricted to older adults, in which at least one (1) resident of each unit must be a “senior citizen” as defined in California Civil Code Section 51.3.

3.    Low-income housing means housing that is restricted to low, very low, or extremely low income households, as defined for Alameda County by the California Department of Housing and Community Development.

4.    Each thirty inches (30") of a fixed bench or pew shall be considered one (1) seat.

5.    Service bays may not be counted towards this requirement.

6.    Fueling stations may be counted towards this requirement.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 5, Ord. 15-009, eff. Dec. 3, 2015; Sec. 5, Ord. 15-011, eff. Jan. 14, 2016; Sec. 5, Ord. 17-002, eff. May 4, 2017; Sec. 3 (Exh. A) (part), Ord. 20-005, eff. May 21, 2020)

9-4.405 Shared Parking.

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

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

 

Table 9-4.405: Example of Shared Parking Calculation 

Use

Office

Retail

Hotel

TOTAL without shared parking

Size

100,000 gross square feet

20,000 gross square feet

150 rooms

 

Estimated Parking Demand

240 spaces

 

60 spaces

 

75 spaces

 

375

Hour Beginning

Percent of Peak Period

Parking Demand

Percent of Peak Period

Parking Demand

Percent of Peak Period

Parking Demand

TOTAL with shared parking

12:00 – 4:00 a.m.

--

--

--

--

--

--

--

5:00 a.m.

--

--

--

--

--

--

--

6:00 a.m.

--

--

--

--

100%

75

75

7:00 a.m.

19%

46

5%

3

96%

72

121

8:00 a.m.

64%

154

18%

11

90%

68

233

9:00 a.m.

91%

218

38%

23

87%

65

306

10:00 a.m.

99%

238

68%

41

82%

62

341

11:00 a.m.

99%

238

91%

55

77%

58

351

12:00 p.m.

98%

235

100%

60

77%

58

353

1:00 p.m.

96%

230

97%

58

75%

56

344

2:00 p.m.

100%

240

95%

57

73%

55

352

3:00 p.m.

96%

230

88%

53

70%

53

336

4:00 p.m.

90%

216

78%

47

71%

53

316

5:00 p.m.

58%

139

62%

37

70%

53

229

6:00 p.m.

--

--

64%

38

74%

56

94

7:00 p.m.

--

--

77%

46

75%

56

102

8:00 p.m.

--

--

70%

42

79%

59

101

9:00 p.m.

--

--

42%

25

85%

64

89

10:00 p.m.

--

--

--

--

87%

65

65

11:00 p.m.

--

--

--

--

97%

73

73

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

9-4.406 Design Standards for Parking Lots and Structures.

The parking area design standards of this section apply to all off-street parking areas. All parking spaces and associated maneuvering aisles, driveways, and other related features shall be designed and arranged so as to provide motor vehicles with adequate ingress to and egress from all parking spaces, and to provide pedestrians with adequate access to parked vehicles. All parking areas shall be subject to the applicable provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to parking and access.

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

(1)    Regulatory and Calculated Dimensions. Stall width, stall length, and aisle width, as shown in Table 9-4.606, are regulatory. Other dimensions shown in Table 9-4.606 are calculated from these required dimensions, and are provided for convenience.

(2)    Stall Width and Length. As indicated in Table 9-4.606, the required minimum stall width and length for various parking angles are as set forth below. Compact spaces or other size spaces with less width or length are not permitted.

a.    Width. For parking angles of more than thirty (30) degrees the required minimum stall width is eight feet six inches (8'-6"). For parking angles of thirty (30) degrees or less, the required minimum stall width is eight feet (8').

b.    Length. For all parking angles other than parallel parking, the required minimum stall length is eighteen feet (18'). For parallel parking, the required minimum stall length is twenty-two feet (22').

(3)    Aisle Width for Parking Angles Not Shown. For parking angles not shown in Table 9-4.406, the required aisle width shall be inter-

polated from the values in the table. For example, for a parking angle of seventy (70) degrees, which is two-thirds (2/3) of the increment between sixty (60) degrees and seventy-five (75) degrees, the required one (1) way aisle width is eighteen feet eight inches (18'-8"), which is two-thirds (2/3) of the increment between the required aisle widths for sixty (60) degree parking and seventy-five (75) degree parking, sixteen feet (16') and twenty feet (20'), respectively.

(4)    Alternate Maneuvering Aisle and Parking Space Widths. For parking angles equal to or greater than forty-five (45) degrees and less than ninety (90) degrees, one (1) way aisle width may be decreased by three inches (3") for each one-inch (1") increase in stall width, up to a maximum stall width of nine feet two inches (9'-2"). For ninety (90) degree parking, one (1) way and two (2) way aisle width may be decreased by three inches (3") for each one-inch (1") increase in stall width, up to a maximum stall width of nine feet two inches (9'-2") and a minimum aisle width of twenty-two feet (22').

(5)    Two (2) Way Modules. Table 9-4.606 provides the dimensions for parking modules with one (1) way traffic. For parking modules with two (2) way traffic, add the difference in width between a two (2) way aisle and a one (1) way aisle. For example, for a two (2) way module with a parking angle of forty-five (45) degrees, add eight feet (8'), which is the difference between a two (2) way aisle (twenty feet (20')) and a one (1) way aisle (twelve feet (12')).

(6)    Overhang. Parking stall lengths, except for parallel spaces, may be reduced by two feet (2') where the parking stall is designed to abut a landscaped area a minimum of five feet (5') wide, such that the front of the vehicle can overhang the landscaped area.

(7)    Spaces Abutting Walls or Posts. For each side of a parking space abutting a wall or post, an additional foot of width shall be required.

Figure 9-4.406: Parking Layout.

 

Table 9-4.406: Parking Dimensions 

 

Regulatory

Calculated for Reference

Parking Angle

Stall Width

Stall Length

Aisle Width

Stall Width Parallel to Aisle

Stall Depth

Module (one-way)

One-Way

Two-Way

Interlocking

At Wall

Non-Interlocking

Interlocking

Half Interlocking1

Parallel

8'-0"

22'-0"

12'-0"

20'-0"

- -

- -

- -

28'-0"

- -

- -

30°

8'-0"

18'-0"

12'-0"

20'-0"

16'-0"

12'-6"

15'-11"

43'-10"

36'-11"

40'-5"

45°

8'-6"

18'-0"

12'-0"

20'-0"

12'-0"

15'-9"

18'-9"

49'-6"

43'-6"

46'-6"

60°

8'-6"

18'-0"

16'-0"

20'-0"

9'-10"

17'-9"

19'-10"

55'-8"

51'-5"

53'-7"

75°

8'-6"

18'-0"

20'-0"

20'-0"

8'-10"

18'-6"

19'-7"

59'-2"

57'-0"

58'-1"

90°

8'-6"

18'-0"

24'-0"

24'-0"

8'-6"

18'-0"

18'-0"

60'-0"

- -

- -

Notes:

1.    One (1) side is interlocking and the other side is noninterlocking, similar to the parking layout illustrated in Figure 9-4.406.

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

(1)    No vehicle shall be required to cross a loading space or another parking space in order to gain access to a required parking space, except that tandem parking may be permitted pursuant to subsection (h) of this section.

(2)    Except as provided in subsection (b)(3) of this section and in Section 9-5.1407(a), off-street parking shall not be located in required front yards or in required street side yards.

(3)    No off-street parking spaces shall be located between the front lot line and the front wall of a building or its projection across the lot, except upon the granting of a conditional use permit. To grant such a conditional use permit, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:

a.    That the proposed number of parking spaces does not exceed the maximum number allowed pursuant to Section 9-4.404(f) unless a conditional use permit to exceed the maximum is granted pursuant to Section 9-4.404(h).

b.    That the proposed parking spaces would result in an effective design solution improving livability, operational efficiency, or appearance.

c.    That all applicable provisions of the design standards in this section have been met.

d.    That the applicable landscaping and screening requirements of Article 5 of this chapter have been met.

e.    That the applicable provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to parking and access, have been met.

(c)    Driveways and Access.

(1)    Driveway Width.

a.    Parking facilities containing fewer than fifteen (15) parking spaces shall have only a single driveway of no less than nine feet (9') and no more than ten feet (10') in width.

b.    Parking facilities containing fifteen (15) or more parking spaces may have one (1) lane driveways of no less than nine feet (9') and no more than ten feet (10') in width, and two (2) lane driveways of no less than eighteen (18) feet and no more than twenty (20) feet in width. The number and width of driveways shall be the minimum necessary to efficiently serve the lot as determined by the Director.

(2)    Vehicle Flow.

a.    Except for those serving four (4) or fewer residential units, all parking areas shall be designed so that a motor vehicle leaving the parking area will enter the public right-of-way traveling in a forward direction. Dead-end maneuvering aisles shall be designed with sufficient room at the end for a motor vehicle to turn around.

b.    Parking areas shall be designed so that a vehicle will not have to enter a public right-of-way to move from one (1) location to another within the parking area.

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

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

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

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

(1)    Parking Spaces. All parking spaces and abutting access aisles shall have a maximum slope of five percent (5%) measured in any direction.

(2)    Driveways and Ramps. The maximum slope of any driveway or ramp shall be twenty percent (20%). If the slope of such driveway or ramp exceeds ten percent (10%), transitions shall be provided at each end not less than eight feet (8') in length and having a slope equal to one-half (1/2) the driveway or ramp slope.

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

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

(j)    Landscaping and Screening.

(1)    Surface Parking. All open parking areas shall be landscaped and/or screened as required by Section 9-4.503(g).

(2)    Structured Parking. Above-grade structured parking shall comply with the following:

a.    Above-grade parking shall include space for ground-level uses with active street frontages where such uses are feasible. Where active ground-level uses are not feasible, as determined by the Director, the ground level of structured parking shall be designed with architecturally attractive frontages. Such frontages may include unique designs or materials, such as glass, articulated masonry, art displays, murals, or landscaped setbacks.

b.    Automobiles and direct light from interior fixtures shall not be visible from any public right-of-way.

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

(1)    The lighting system shall provide not less than one (1.0) footcandle and not more than five (5.0) footcandles overall average illumination with a minimum of one-fourth (0.25) footcandles on the parking surface.

(2)    All lighting shall be on a time clock or photo-sensor system so as to be turned off during daylight hours and during any hours when the parking area is not in use. This requirement does not apply to any lighting that is required for security.

(3)    All parking area lighting shall meet any applicable energy efficiency requirements of the building regulations in Title 8.

(4)    All lighting shall be designed to confine direct rays to the premises. No light fixture shall emit any direct light above a horizontal plane through the fixture. No spillover beyond the property line shall be permitted, except onto public thoroughfares; provided, however, that no such light shall cause a hazard to motorists.

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

(1)    EV Charging Stations. The number of EV charging stations required shall be the number of EV-capable spaces as specified in the Tier 2 Residential Voluntary Measures in Appendix A4 of the California Green Building Standards Code for new residential buildings, and in the Tier 2 Nonresidential Voluntary Measures in Appendix A5 of the California Green Building Standards Code for new nonresidential buildings. Such spaces shall actually be equipped with electric vehicle supply equipment (EVSE), which shall be Level 2 or better. All EVSE shall be installed in accordance with the requirements of the California Green Building Standards Code.

(2)    EV-Capable Parking Spaces. All other parking spaces shall be EV-capable spaces designed in accordance with the Tier 2 Residential Voluntary Measures in Appendix A4 of the California Green Building Standards Code for new residential buildings, and the Tier 2 Nonresidential Voluntary Measures in Appendix A5 of the California Green Building Standards Code for new nonresidential buildings. Raceways and service panels installed to support future EVSE shall be fifty percent (50%) larger (upsized) than those required by the current California Green Building Standards Code.

(3)    Size. The size of electric vehicle charging station parking spaces and EV-capable parking spaces shall be as specified in subsection (a) of this section. Electric vehicle supply equipment shall not reduce the size of the space.

(4)    Signage. Each electrical vehicle charging station shall be clearly marked as required by the California Green Building Standards Code.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 3 (Exh. A) (part), Ord. 20-005, eff. May 21, 2020)

9-4.407 Alternative Compliance with Parking Provisions.

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

(1)    That the applicant has convincingly demonstrated that it is physically impossible to provide the parking spaces in conformance with the design standards of Section 9-4.406 on the same lot as the principal use to be served by the parking.

(2)    That a parking arrangement approved pursuant to this section will be in place at all times during operation of the principal uses to be served by the parking.

(3)    That the proposed number of parking spaces does not exceed the maximum number allowed pursuant to Section 9-4.404(f) unless a conditional use permit to exceed the maximum is granted pursuant to Section 9-4.404(h).

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

(1)    Distance. Unless a shuttle service is provided, the off-site parking shall be located within a reasonable walking distance of the principal use served, with consideration given to all relevant factors including, but not limited to, the characteristics of the use served by the parking and the quality of the walk.

(2)    Other Jurisdiction. The off-site parking may be located in Oakland or Berkeley, subject to applicable regulations of that jurisdiction.

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

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

9-4.408 Bicycle Parking.

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

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

(1)    A building is constructed;

(2)    An existing building, including a legal nonconforming structure, is enlarged for any purpose; or

(3)    The use of any building or portion thereof is changed to one requiring the issuance of a conditional use permit and then only to that portion of the building subject to the change of use.

(c)    Exemptions. No bicycle parking is required for single unit or two (2) unit residential uses.

(d)    Standards for All Bicycle Parking.

(1)    Design and Installation.

a.    A bicycle parking space shall be in a paved, level, drained, lighted area with access to a right-of-way without the use of stairs, and shall consist of either:

i.    One (1) side of a securely fixed rack element that supports the bicycle upright by its frame, prevents the bicycle from tipping over, and allows the frame and at least one (1) wheel to be locked to the rack element with one (1) lock; or

ii.    A bicycle locker constructed of theft-resistant material with a lockable door which opens to the full width and height of the locker. Bicycle lockers shall be weather-proof if exposed to the elements; or

iii.    For long-term bicycle parking only, wall-mounted racks or wall- or ceiling-mounted hooks so that bicycles may be hung vertically.

b.    Each bicycle parking space shall be no less than fifteen inches (15") wide, by six feet (6') deep, with an overhead clearance of no less than seven feet (7'). This can be satisfied by placing racks, each of which supports two (2) bicycles, thirty inches (30") apart. See Figure 9-4.408(d)(1)(b). Wedge-shaped spaces may be narrower than fifteen inches (15") at one (1) end.

c.    Each row of bicycle parking spaces shall be served by an aisle no less than four feet (4') wide. Rack elements must be placed two feet (2') from walls, fences or curbs. See Figure 9-4.408(d)(1)(c). (Note: Each rack supports two (2) bicycles, although, for clarity, only one (1) bicycle per rack is shown in this illustration.)

Figure 9-4.408(d)(1)(b): Bicycle Racks.

Source: Association of Pedestrian and Bicycle Professionals

Figure 9-4.408(d)(1)(c): Bicycle Parking Layout.

Source: Association of Pedestrian and Bicycle Professionals

d.    Required bicycle parking may not be tandem; parking or removing a bicycle shall not require moving another parked bicycle.

e.    Bicycle rack elements shall be fixed, securely anchored to the ground or to a structure by means that resist tampering or removal. Bicycle locker edges shall be secured with no exposed fittings or connectors. The Director may specify preferred installation methods, such as, but not limited to, embedded mounting in poured-in-place concrete, recessed bolt heads or grouted-in anchoring.

(2)    Location.

a.    Direct access from the bicycle parking to the public right-of-way shall be provided by means of access ramps, if necessary, and pedestrian access from the bicycle parking area to the building entrance shall also be provided.

b.    Where bicycle parking is not directly visible and obvious from the right-of-way, signs shall be provided, except that directions to long-term bicycle parking may be posted or distributed by the building management, as appropriate.

c.    Bicycle parking must be separated from automobile parking by a sufficient distance to prevent damage from moving automobiles or their loading and unloading. The Director may require a barrier or curb between bicycle and automobile parking areas on constrained sites.

d.    Bicycle parking may be provided inside a building provided it is easily accessible from a building entrance and a bicyclist does not have to use stairs to reach it.

e.    The placement of bicycle parking, bicycle rack elements and bicycle lockers shall not interfere with pedestrian circulation.

f.    Required spaces may not be located within offices, commercial or industrial work areas, dwelling units or balconies.

(3)    Modifications. In approving a project, the Director, Planning Commission, or City Council, as the case may be, may modify the standards for bicycle parking because of the nature of the use or the design of the project.

(e)    Short-Term Bicycle Parking.

(1)    Short-term bicycle parking shall be provided within a convenient distance of, and clearly visible from, the main entrance to the building, as determined by the Director, and it shall not be farther than the closest automobile parking space, excluding disabled parking.

(2)    At the discretion of the Director, some or all required short-term bicycle parking may be provided in a required yard.

(3)    Minimum Short-Term Bicycle Parking Requirements.

a.    All uses except Multi-Unit residential uses shall provide the greater of:

i.    Two (2) short-term bicycle parking spaces; or

ii.    One (1) short-term bicycle parking space for every ten (10) automobile parking spaces indicated as the estimated parking demand in Table 9-4.404.

b.    Multi-unit residential uses shall provide one (1) short-term bicycle parking space for every twenty (20) dwelling units.

(4)    Property owners shall remove abandoned bicycles from short-term bicycle parking associated with their property on a monthly basis, after posting a notice of removal on such bicycles for two (2) weeks.

(f)    Long-Term Bicycle Parking.

(1)    To ensure security, long-term bicycle parking must be in an enclosed, covered, locked area, surrounded by a fence or wall at least seven feet (7') tall, restricted to bicycle parking users, which includes fixed rack elements; or in bicycle lockers that are either weather-proof or covered. Long-term bicycle parking may also be vertical, using either wall-mounted racks or wall- or ceiling-mounted hooks, installed per the manufacturer’s specifications.

(2)    Minimum Long-Term Bicycle Parking Requirements.

a.    All uses except multi-unit residential uses shall provide the greater of:

i.    Two (2) long-term bicycle parking spaces; or

ii.    One (1) long-term bicycle parking space for every ten (10) automobile parking spaces indicated as the estimated parking demand in Table 9-4.404.

b.    Multi-unit residential uses shall provide one (1) covered long-term bicycle parking space for every one (1) dwelling unit.

c.    For nonresidential uses of less than three thousand (3,000) square feet where long-term bicycle parking is not feasible due to physical limitations, short-term bicycle parking spaces may be substituted on a one (1) for one (1) basis.

(3)    Property owners shall remove abandoned bicycles from long-term parking associated with their property on a quarterly basis after posting a notice of removal warning on such bicycles for one (1) month. This requirement shall not preclude provision of seasonal bicycle storage.

(4)    Nonresidential uses are encouraged to provide showers and clothes lockers where bicycle parking is required.

(g)    Definitions. As used in this section:

(1)    “Abandoned bicycle” means a bicycle that has been parked continuously in one (1) place for at least two (2) weeks in short-term parking or at least one (1) month in long-term parking, excluding seasonal bicycle storage as agreed upon between the property owner and the bicycle owner.

(2)    “Bicycle” means a device propelled by human power upon which a person may ride, having two (2) wheels one (1) behind the other, at least one (1) wheel being at least thirteen inches (13") in diameter.

(3)    “Bicycle locker” means an enclosure that can be locked for the safe keeping of a bicycle, made of theft-resistant material, with a lockable door that opens the full width and height of the locker, with no exposed fittings or connectors.

(4)    “Bicycle parking space” means a paved, level, drained, lighted area for the parking of one (1) bicycle, having a minimum width of fifteen inches (15"), a minimum length of six feet (6'), and a minimum overhead clearance of seven feet (7'), with access to a right-of-way without use of stairs, which includes either a bicycle locker or one (1) side of a fixed rack element. A wedge-shaped bicycle parking space may have one (1) end narrower than fifteen inches (15").

(5)    “Fixed” means mounted so the rack element cannot be stolen; anchored in the pavement or a structure with vandal-resistant fasteners such as, but not limited to, embedded mounting in poured-in-place concrete, recessed bolt heads or grouted-in anchoring.

(6)    “Long-term bicycle parking” means bicycle parking intended for the primary use of residents, employees and others who park bicycles for a duration of four (4) hours or more.

(7)    “Publicly accessible” means in an area that is visible from a right-of-way and open to the general public.

(8)    “Rack element” means a fixed object that supports one (1) or two (2) bicycles upright by their frames in a stable position and enables the frame and at least one (1) wheel of each bicycle to be locked.

(9)    “Right-of-way” means a strip of land under the ownership or jurisdiction of the City of Emeryville and dedicated for use as a public way such as a path, street or park.

(10)    “Secured bicycle parking” means an enclosed, covered, locked area, surrounded by a seven-foot (7') tall fence or wall, restricted to bicycle parking users, which includes fixed rack elements; or covered or weather-proof bicycle lockers.

(11)    “Short-term bicycle parking” means bicycle parking intended for the primary use of customers, messengers, guests and others who park bicycles for less than four (4) hours.

(12)    “Tandem” means arranged so a bicycle must be removed to access another bicycle parking space.

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

9-4.409 Loading.

The requirements for off-street loading spaces for all uses shall be as specified in this section.

(a)    Number of Spaces Required.

(1)    None Required. No off-street loading spaces are required for uses for which the estimated parking demand, as indicated in Table 9-4.404, is “none.” In addition, no off-street loading spaces are required for the following residential use types:

Single Unit

Two (2) Unit

Mobile Home Park

(2)    Requirement “To Be Determined.” The off-street loading requirement for uses for which the estimated parking demand, as indicated in Table 9-4.404, is “To be determined” (“TBD”) shall be determined pursuant to Section 9-4.404(f) in the same manner in which the estimated parking demand is determined. In addition, the off-street loading requirement shall be determined pursuant to Section 9-4.404(f) in the same manner in which estimated parking demand is determined for the following uses:

Residential Use Types:

Domestic Violence Shelter

Group Residential

Residential Care Facility

Supportive Housing

Transitional Housing

Communication, Transportation, and Utilities Use Types:

All

(3)    All Other Uses. The off-street loading requirement for all other uses shall be as set forth in Table 9-4.409.

Table 9-4.409: Loading Requirements 

Use Type

Number of Spaces

Size

Residential Use Types

 

 

Multi-Unit

 

 

Less than 50 units

none

 

50 to 149 units

1

small

150 to 300 units

2

small

Each additional 300 units or fraction of one-half or more thereof

1

medium

Commercial and Institutional Use Types

 

 

Animal Care and Sales

 

 

Pet Stores

 

 

Veterinary Services

 

 

Health Care

 

 

Clinics and Medical Offices

 

 

Offices – All

 

 

Less than 25,000 gross square feet

none

 

25,000 to less than 100,000 gross square feet

1

medium

100,000 to less than 200,000 gross square feet

2

medium

Each additional 100,000 gross square feet or fraction of one-half or more thereof

1

large

All Other

 

 

Less than 10,000 gross square feet

none

 

10,000 to less than 20,000 gross square feet

1

medium

20,000 to less than 40,000 gross square feet

2

medium

40,000 to less than 80,000 gross square feet

2

large

Each additional 40,000 gross square feet or fraction of one-half or more thereof

1

large

Industrial Use Types

 

 

Research and Development

 

 

Less than 25,000 gross square feet

none

 

25,000 to less than 100,000 gross square feet

1

medium

100,000 to less than 200,000 gross square feet

2

medium

Each additional 100,000 gross square feet or fraction of one-half or more thereof

1

large

All Other

 

 

Less than 10,000 gross square feet

none

 

10,000 to less than 25,000 gross square feet

1

medium

25,000 to less than 50,000 gross square feet

1

large

50,000 to less than 100,000 gross square feet

2

large

100,000 to less than 200,000 gross square feet

3

large

Each additional 100,000 gross square feet or fraction of one-half or more thereof

1

large

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

(1)    Small. Small loading spaces shall have a width of no less than ten feet (10'), a length of no less than twenty-five feet (25') and a vertical clearance of no less than eight feet (8').

(2)    Medium. Medium loading spaces shall have a width of no less than twelve feet (12'), a length of no less than thirty-five feet (35') and a vertical clearance of no less than fourteen feet (14').

(3)    Large. Large loading spaces shall have a width of no less than twelve feet (12'), a length of no less than fifty feet (50') and a vertical clearance of no less than fourteen feet (14').

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

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

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

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

(1)    That the common loading area results in a more efficient design than individual loading areas serving each use separately.

(2)    That the total number of loading spaces provided in the common loading area is no less than the number of loading spaces that would be required if the uses served were located in a single facility.

(3)    That the common loading area will be in place at all times during operation of the principal uses to be served by the loading spaces.

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

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

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

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

(1)    The lighting system shall provide not less than one (1.0) footcandle and not more than five (5.0) footcandles overall average illumination with a minimum of one-fourth (0.25) footcandles on the surface.

(2)    All lighting shall be on a time clock or photo-sensor system so as to be turned off during daylight hours and during any hours when the loading area is not in use and the lighting is not required for security.

(3)    All loading area lighting shall meet any applicable energy efficiency requirements of the building regulations in Title 8.

(4)    All lighting shall be designed to confine direct rays to the premises. No light fixture shall emit any direct light above a horizontal plane through the fixture. No spillover beyond the property line shall be permitted, except onto public thoroughfares; provided, however, that no such light shall cause a hazard to motorists.

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

Article 5.    Landscaping and Screening

9-4.501 Purpose.

This article establishes the landscaping and screening regulations. The purpose of these regulations is to enhance a pleasant visual character in the City that recognizes aesthetics and safety issues and to promote the planting of vegetation that supports human health and urban wildlife.

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

9-4.502 Applicability.

This section applies to any of the following:

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

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

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

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

9-4.503 General Provisions.

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

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

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

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

(e)    Maintenance of Landscaping.

(1)    All planted areas shall be well maintained and kept free of weeds and debris.

(2)    All plants shall be kept in a healthy and growing condition and, whenever necessary, replaced with new plants of the same species unless the Director approves a different species. Good horticultural practices shall be followed in all instances.

(3)    Irrigation systems shall be kept in good working condition. Adjustments, replacements, repairs, and cleaning shall be a part of regular maintenance.

(4)    Stakes and ties on trees shall be checked regularly for correct functions. Ties shall be adjusted to avoid creating abrasions or girdling on trunks or branches.

(5)    All required fences and walls shall be permanently maintained in good condition and, whenever necessary, repaired or replaced.

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

(1)    If the landscaped area is not used for stormwater drainage, a four-inch (4") high curb shall be used to separate the landscaped area from parking and maneuvering areas.

(2)    If the landscaped area is used for stormwater drainage, the landscaped area shall be separated from parking and maneuvering areas with either a concrete strip that is flush with the paved surface or with a curb or wall with cuts to allow water into the landscaped area. When using flush curbs, wheel stops fabricated from recycled material shall be used.

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

(1)    When parking is located within or adjacent to a required rear yard or a side yard not abutting a street, such screening shall be not less than five feet (5') high nor more than six feet (6') high, and shall be located along the entire length of the parking area.

(2)    When such parking is adjacent to a street right-of-way, screening shall be located on the building setback line, or adjacent to the outside edge of any required boundary landscaping, and shall be not less than three feet (3'), nor more than six feet (6') in height.

(3)    All loading areas adjacent to streets shall be screened from public view to the maximum extent possible.

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

(1)    Small-, medium-, and large-canopy trees shall be defined as follows:

a.    Small-canopy trees have a canopy width of at least fifteen feet (15') and less than twenty-five feet (25') and are at least twenty feet (20') tall.

b.    Medium-canopy trees have a canopy width of at least twenty-five feet (25') and less than thirty-five feet (35').

c.    Large-canopy trees have a canopy width of at least thirty-five feet (35').

(2)    Measurement. Tree canopy width is the average diameter of the tree’s canopy at maturity.

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

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

9-4.504 Landscaping Requirements by Zoning District.

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

(b)    All Other Zones. Development projects in any other zone shall include landscaped areas consisting of at least ten percent (10%) of the project site.

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

9-4.505 Fences and Walls.

(a)    Maximum Height.

(1)    Residential Zones.

a.    Front Yards and Street Side Yards.

i.    Solid. The maximum height of solid fences and walls in a required front yard or street side yard shall be three feet (3').

ii.    Open. The maximum height of fences that are not less than fifty percent (50%) open in a required front yard or street side yard shall be four and one-half feet (4-1/2').

b.    Rear Yards and Interior Side Yards. The maximum height of fences and walls in a required rear yard, including a rear yard abutting a street, or in an interior side yard shall be six feet (6').

c.    Other Situations. A maximum six-foot (6') fence or wall may be located anywhere on a lot that is not within a required yard.

(2)    All Other Zones. Fences or walls shall not exceed eight feet (8') in height unless the Director determines that a taller fence or wall is appropriate for the use of the site. In no case shall a fence or wall be taller than the base height limit for the site as set forth in Section 9-4.202. Any fence or wall that is more than six feet (6') in height requires a building permit pursuant to Title 8 and design review pursuant to Article 4 of Chapter 7.

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

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

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

9-4.506 Screening of Outdoor Storage (Principal Use) and Open Storage (Accessory Use).

All outdoor storage areas shall be screened such that they are not visible from the ground level of an adjacent property or public right-of-way. The requirement for screening to enclose storage areas between adjoining side and/or rear property lines may be removed by mutual agreement of the property owners involved.

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

9-4.507 Screening of Mechanical and Electrical Equipment.

All mechanical equipment, including electrical and gas meters; heating, ventilation, and air conditioning units; radio/TV antennas; satellite dishes; and all roof mounted mechanical equipment shall be visually and acoustically screened in such a manner so that it is not visible from an adjacent property at or below the level of the mechanical equipment, or from a public right-of-way, and so that it complies with the performance standards for noise at Section 9-5.1109. Electrical transformers and other utility boxes shall be either placed underground or appropriately screened.

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

Article 6.    Water Use

9-4.601 Purpose and Applicability.

The purpose of this article is to set forth site development regulations related to the conservation and use of water. These regulations are applicable to all new and existing uses unless otherwise specified.

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

9-4.602 Water Efficient and Bay Friendly Landscaping.

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

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

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

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

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

(f)    Exceptions. This section shall not apply to the following:

(1)    Registered historical sites.

(2)    Ecological restoration projects that do not require a permanent irrigation system.

(3)    Projects with a landscape area less than five hundred (500) square feet.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 16-005, eff. Oct. 20, 2016)

9-4.603 Recycled Water.

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

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

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

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

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

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

9-4.604 Water Reclaimed On Site.

(a)    Purpose. The purpose of this section is to set forth standards for systems that reuse

water on site. Such systems help to conserve valuable water resources and are encouraged; provided, that adequate safeguards are included to protect health.

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

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

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

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 16-005, eff. Oct. 20, 2016; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017)

9-4.605 Definitions.

As used in this article, certain words and phrases are defined as follows:

(a)    “Blackwater” means water polluted with food, animal, or human waste.

(b)    “Cistern” means a precipitation storage device that holds over one hundred (100) gallons of rainwater, is installed above or below ground depending on site conditions, and which may utilize electrical pumps to move the rainwater.

(c)    “Graywater” means untreated wastewater which has not come into contact with toilet, food, or chemical waste. Graywater includes used water from bathtubs, showers, bathroom sinks, clothes washing machines and laundry tubs. It does not include wastewater from kitchen sinks, photo lab sinks, dishwashers or laundry water from soiled diapers.

(d)    “Nonpotable water uses” means parks, highway landscaped areas, landscaped streets and medians, industrial and irrigation uses, landscaping, greenbelts, golf courses, floor trap priming, cooling towers, air conditioning devices, nonresidential toilet and urinal flushing, and subdivision common areas.

(e)    “Potable water” means water which conforms to Federal, State and local agency standards for human consumption.

(f)    “Rain barrel” means a precipitation storage device that holds one hundred (100) gallons or less of rainwater and that captures flow directly from a downspout.

(g)    “Rainwater capture” means collected precipitation from rooftops and other above-ground impervious surfaces that is stored in rain barrels or cisterns for later use.

(h)    “Recycled water project area” means the portion in Emeryville of an area shown on the most recent recycled water project map from the recycled water provider, that can or may in the future use recycled water.

(i)    “Recycled water” means water which, as a result of treatment, is suitable for beneficial use that would not otherwise occur.

(j)    “Rehabilitated landscape” means any relandscaping project in which the modified area was previously planted and the modified landscape area is equal to or greater than two thousand five hundred (2,500) square feet.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 16-005, eff. Oct. 20, 2016)

Article 7.    Other Site Development Regulations

9-4.701 Minimum Lot Area and Width.

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

(b)    Lot Width.

(1)    No minimum lot width is prescribed except in the RM Medium Density Residential zone, in which the minimum lot width shall be twenty-five feet (25').

(2)    “Lot width” shall mean the narrowest distance between the side lot lines, measured at right angles to the lot depth.

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

9-4.702 Minimum Dwelling Unit Area.

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

(b)    Other Zones. In all other zones, no minimum dwelling unit area is prescribed. All dwelling units shall comply with applicable Building Code requirements in Title 8.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017)

9-4.703 Pedestrian Access.

Unless the Director determines that this is infeasible due to site constraints or other compelling factors, the main pedestrian entrance to a nonresidential building shall be located on the public sidewalk; any entrances from parking areas shall be incidental or for emergency use only. The main pedestrian entrance shall be kept open to the public during all hours when the building is open for public access. To the extent feasible, the front doors of exterior ground floor residential dwelling units and Live/Work Units shall be oriented to the public sidewalk.

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

9-4.704 Recycling and Trash Areas.

(a)    Applicability. Residential projects of ten (10) units or more and nonresidential projects of ten thousand (10,000) square feet or more shall be subject to the requirements of this section.

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

(1)    The amount of space provided shall reflect the estimated volumes of trash and recyclable and compostable materials to be generated. Within this space, separate and dedicated containers shall be provided for trash and recyclable and compostable materials.

(2)    Any chutes shall be separate, dedicated, and properly labeled, and shall be provided for each collected stream of materials (i.e., trash, recyclables and compostables).

(3)    The amount of space provided for the collection and storage of recyclable materials shall be at least as large as the amount of space provided for the collection and storage of trash materials and the recycling area shall be at least as accessible and convenient for tenants and collection vehicles as the trash collection and storage area.

(4)    An appropriately sized and designed area for wastes banned from regular trash containers such as electronics, fluorescent lamps and batteries shall be designated.

(5)    Residential properties shall provide an area for bulky item collection such as mattresses, furniture, tires and major appliances.

(6)    Trash, recycling and composting storage areas shall include adequate space for the maintenance and servicing of containers for all materials that are provided by local hauling companies.

(7)    Trash, recycling and composting storage areas shall be easily accessible for collection vehicle personnel and may be located either indoors or outdoors.

a.    To the extent feasible, an indoor recycling and trash room or area shall be located on an exterior wall of the building with an adequately sized door or gate access to the street so as to minimize distance for the collection vehicle personnel and eliminate temporary outdoor storage of containers on collection days.

b.    An outdoor recycling and trash area shall be completely screened and covered from off-site view by a solid fence or masonry wall at least six feet (6') high in harmony with the architecture of the building(s). A sewer drain, fire sprinklers, and roofing shall be provided per City standards.

c.    If the day-to-day-use recycling and trash area cannot be located adjacent to the street, a service-day location easily accessible by the collection vehicle staff shall be provided in an area adjacent to the street, and shall be covered from off-site view by a solid fence or masonry wall at least six feet (6') high in harmony with the architecture of the building(s) and covered by a roof.

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

9-4.705 Outdoor Lighting and Illumination.

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

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

(1)    Temporary emergency lighting needed by police, fire, and other emergency services.

(2)    Temporary lights used for holiday decorations.

(c)    General Regulations.

(1)    All exterior lighting shall be designed to confine direct rays to the premises. No light fixture shall emit any direct light above a horizontal plane through the fixture. No spillover beyond the property line shall be permitted, except onto public thoroughfares; provided, however, that no such light shall cause a hazard to motorists.

(2)    Exterior light fixtures attached to a building shall be designed as an integral part of the building and may highlight building forms and architectural details.

(3)    Lighting that highlights architectural features or art shall be limited to one (1) one hundred (100) watt bulb or twenty (20) watt equivalent LED, and emit less than one thousand six hundred (1,600) lumens, per fixture.

(4)    All exterior lighting on a nonresidential property shall be on a time clock or photo-sensor system so as to be turned off during daylight hours and during any hours when the facility is not in use and the lighting is not required for security.

(5)    Security wall lighting shall be limited to eight feet (8') above ground level.

(6)    All lighting shall meet any applicable energy efficiency requirements of the building regulations in Title 8.

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

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

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 4, Ord. 20-15, eff. Aug. 6, 2020)

Article 8.    Bird-Safe Buildings

9-4.801 Purpose.

The purpose of this article is to reduce the risk of bird-to-building collisions.

(Sec. 3 (part), Ord. 20-15, eff. Aug. 6, 2020)

9-4.802 Applicability.

The bird-safe building standards apply to the following types of projects when such projects require a building permit:

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

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

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

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

(Sec. 3 (part), Ord. 20-15, eff. Aug. 6, 2020)

9-4.803 Bird-Safe Glazing Requirement.

At least ninety percent (90%) of the glazing on any building facade or glass structure, and all glass near plants or water features, shall include features that enable birds to perceive the glass as a solid object. The requirement can be satisfied by using one or more of the following treatments:

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

(b)    Translucent or opaque glass, or transparent or opaque film applied to glass.

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

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

(e)    Grooved glass block.

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

(Sec. 3 (part), Ord. 20-15, eff. Aug. 6, 2020)

9-4.804 Alternative Compliance.

As an alternative to meeting Section 9-4.803, Bird-Safe Glazing Requirement, an applicant may propose building and fenestration designs that will minimize bird collisions and achieve an equivalent level of bird safety. The applicant shall submit a bird collision reduction plan along with the project application. The bird collision reduction plan shall be prepared by a qualified biologist. Design solutions may include but need not be limited to the following techniques, singularly or in combination:

(a)    Layering and recessing of glazed surfaces.

(b)    Angled or faceted glazing that minimizes reflectivity and transparency.

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

(d)    Overhangs or awnings.

(e)    Clear (nongrooved) glass block.

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

(g)    Glass embedded with photovoltaic cells.

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

(Sec. 3 (part), Ord. 20-15, eff. Aug. 6, 2020)

9-4.805 Interior Lighting.

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

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

(Sec. 3 (part), Ord. 20-15, eff. Aug. 6, 2020)

9-4.806 Site Design.

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

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

(Sec. 3 (part), Ord. 20-15, eff. Aug. 6, 2020)