Title 9 of the Emeryville Municipal Code shall be known and may be cited as the "City of Emeryville Planning Regulations," the "planning regulations," "these planning regulations" or "this title."
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The purpose of these planning regulations is to implement the Emeryville General Plan and to protect and promote the public health, safety, peace and general welfare. More specifically, these regulations are intended to:
(a) 
Provide a precise guide for the physical development of Emeryville in a manner consistent with the guiding principles, goals and policies of the General Plan.
(b) 
Foster a harmonious, convenient, efficient and workable relationship among land uses and ensure compatible development.
(c) 
Support economic development, job creation and prosperity.
(d) 
Provide for the housing needs of all economic segments of the community.
(e) 
Provide a balance of regional and local amenities that meet the daily needs of the community.
(f) 
Promote high quality architecture and design that emphasizes a walkable environment.
(g) 
Promote the stability of existing neighborhoods, protecting them from inharmonious influences and harmful intrusions.
(h) 
Promote a safe and efficient multi-modal transportation system, with emphasis on bicycle, pedestrian and public transit amenities, while providing adequate facilities for motor vehicles including off-street parking and loading.
(i) 
Promote the development of community facilities, parks, open space and recreational areas.
(j) 
Promote environmental quality and sustainable development patterns.
(k) 
Preserve and enhance the physical appearance of Emeryville.
(l) 
Define duties and powers of administrative bodies and officers responsible for implementation of these regulations.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Applicability to Property. These regulations shall apply, to the extent permitted by law, to all uses, structures, land, water and right-of-way within the City of Emeryville, including those owned by any private person, firm, corporation or organization, or the City of Emeryville or other local, State or Federal agencies.
(b) 
Compliance with Regulations Required. All land shall be used and all structures shall be constructed, occupied, enlarged, altered, demolished or moved only in accordance with these regulations.
(c) 
Provisions Interpreted as Basic Requirements. In interpreting and applying these regulations, they shall be held to be the basic requirements for the promotion of the public health, safety and general welfare. To the extent permitted by law, administrative bodies and officers responsible for implementation of these regulations may impose additional requirements as necessary to meet the intent of these regulations and the General Plan.
(d) 
Relation to Other Regulations.
(1) 
General. These regulations and requirements or conditions imposed pursuant to these regulations shall not supersede any other regulations or requirements adopted or imposed by the State of California or any Federal agency that has jurisdiction by law over uses and development authorized by these regulations. All uses and development authorized by these regulations shall comply with all other such regulations and requirements.
(2) 
Conflicts. Where conflict occurs between the provisions of these regulations and any existing provisions of law or any rules or regulations, the more restrictive provisions shall control, unless otherwise specified.
(e) 
Relation to Private Agreements. These regulations shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect; provided, that where these regulations impose greater restriction than imposed by an easement, covenant, or agreement, these regulations shall control.
(f) 
Relation to Prior Ordinances and Laws. The provisions of these regulations supersede all prior zoning ordinances and subdivision and parcel map laws of the City of Emeryville. No provision of these regulations shall validate any land use or structure established, constructed or maintained in violation of prior ordinances and laws, unless such validation is specifically authorized by these regulations and is in conformance with all other regulations.
(g) 
Relation to Prior Approvals. Any project which has been approved prior to the adoption of these regulations may be completed in accordance with the plans for which the planning approval was granted, provided the planning approval has not expired.
(h) 
Formal Rules of Evidence.
(1) 
Formal Rules of Evidence Do Not Apply. Except as otherwise expressly provided in this title, formal rules of evidence or procedure which must be followed in a court of record in this State shall not apply to hearings conducted pursuant to this title.
(2) 
No Presumption Regarding Error. There shall be no presumption that error is prejudicial or that injury was done if error is shown.
(i) 
Application During Local Emergency. The City Council may authorize a deviation from a provision of these regulations by resolution, without notice or public hearing, during a local emergency declared and ratified under Chapter 2 of Title 4.
(Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The Director of Planning and Building shall have the authority to interpret the content and applicability of these regulations. An interpretation of these regulations by the Director may be appealed to the Planning Commission in accordance with the appeal procedures in Article 14 of Chapter 7.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
These regulations are intended to be consistent with the General Plan. Should any provisions of these regulations be determined inconsistent with the General Plan, the General Plan shall prevail. The Director of Planning and Building shall have the authority to determine the extent of any such inconsistency and issue a decision to resolve the matter. The Director's decision may be appealed to the Planning Commission in accordance with the appeal procedures in Article 14 of Chapter 7.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
If any chapter, article, section, subsection, sentence, clause or phrase of these regulations is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of these regulations, it being hereby expressly declared that these regulations, and each chapter, article, section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, adopted, approved, and ratified irrespective of the fact that any one (1) or more other chapters, articles, sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)