The purpose of this article is to establish use and development regulations and conditional use permit findings unique to each overlay zone. Use and development regulations in overlay zones supplement or, if so indicated, supersede the use and development regulations of the base zones with which they are combined.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Zone Regulations.
(1) 
North Hollis Area Urban Design Program. The North Hollis Area Urban Design Program, including the Design Guidelines, adopted by Resolution No. 02-52 on April 16, 2002, shall apply to all properties and public rights-of-way in the NH North Hollis overlay zone.
(2) 
Design Guidelines. All development proposals in the NH North Hollis overlay zone shall be subject to the Design Guidelines in the North Hollis Area Urban Design Program, as required by Section 9-7.406, in addition to the applicable provisions of the Emeryville Design Guidelines, as required by Article 4 of Chapter 7.
(b) 
Findings. There are no special findings in the NH overlay zone.
(Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Zone Regulations.
(1) 
Park Avenue District Plan. The Park Avenue District Plan, including the goals, policies, street standards, and development and design guidelines, adopted by Resolution No. 06-157 on August 15, 2006, shall apply to all properties and public rights-of-way in the PA Park Avenue District overlay zone.
(2) 
Design Guidelines. All development proposals in the PA Park Avenue District overlay zone shall be subject to the Design Guidelines in the Park Avenue District Plan, as required by Section 9-7.406, in addition to the applicable provisions of the Emeryville Design Guidelines, as required by Article 4 of Chapter 7.
(b) 
Findings. There are no special findings in the PA overlay zone.
(Sec. 4, Ord. 15-011, eff. Jan. 14, 2016; Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Zone Regulations.
(1) 
Applicability. The following regulations apply to the ground floor, within fifty feet (50') of the front property line on the following street segments, which are depicted on Figure 9-3.103(a):
a. 
San Pablo Avenue;
b. 
Adeline Street;
c. 
Park Avenue;
d. 
Hollis Street;
e. 
Powell Street;
f. 
40th Street;
g. 
MacArthur Boulevard;
h. 
Emery Street.
(2) 
Permitted Uses. Uses indicated as permitted in the NR Neighborhood Retail overlay zone in Section 9-3.202 are only permitted if they have all of the following characteristics:
a. 
Are local-serving.
b. 
Are located on the ground floor.
c. 
Have a gross floor area of five thousand (5,000) square feet or less.
d. 
Have a pedestrian orientation with a main entrance facing the public sidewalk that will remain open to the general public during normal business hours.
e. 
Do not include alcoholic beverage sales, except Restaurants.
f. 
Do not include check cashing services.
g. 
Have hours of operation no earlier than 7:00 a.m. and no later than 11:00 p.m.
h. 
Provide at least one (1) bicycle parking rack accommodating a total of at least two (2) bicycles on the sidewalk near the main entrance.
(3) 
Conditionally Permitted Uses. In addition to uses indicated as conditionally permitted in Section 9-3.202, any uses indicated as permitted but not having all of the characteristics listed in subsection (a)(1) of this section shall require a conditional use permit.
(4) 
Offices, General are not allowed on the ground floor.
(5) 
Off-Street Parking and Loading. Local-serving uses having a gross floor area of five thousand (5,000) square feet or less are exempt from the off-street parking and loading requirements stipulated in Article 4 of Chapter 4.
(6) 
Design Guidelines. All development proposals in the NR Neighborhood Retail overlay zone shall be subject to the applicable provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to the Neighborhood Retail overlay and neighborhood centers, as required by Article 4 of Chapter 7.
(b) 
Findings. To grant a conditional use permit for a use that is conditionally permitted pursuant to Section 9-3.202 or subsection (a)(2) of this section, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:
(1) 
That the use will enhance the area's role as a neighborhood center.
(2) 
That the use will provide a pedestrian orientation, including consideration of a main entrance facing the public sidewalk that will remain open to the general public during normal business hours.
(3) 
That the proposal will conform in all significant respects with any applicable area plan which has been adopted by the City Council.
(Sec. 3 (Exh. A), Ord. 23-005, eff. Jan. 18, 2024; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Zone Regulations.
(1) 
Retail, Large Stores may occupy one hundred percent (100%) of the building area; provided, that they are regional-serving.
(2) 
Reserved (Repealed by Ord. 24-008).
(3) 
Design Guidelines. All development proposals in the RR Regional Retail overlay zone shall be subject to the applicable provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to the Regional Retail overlay, as required by Article 4 of Chapter 7.
(b) 
Findings. To grant a conditional use permit for a use that is conditionally permitted pursuant to Section 9-3.202, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:
(1) 
That the use will enhance Emeryville's role as a regional retail destination.
(2) 
That the use will provide adequate access for all travel modes, including automobiles, pedestrians, bicycles, and public transit.
(3) 
That the proposal will conform in all significant respects with any applicable area plan which has been adopted by the City Council.
(Sec. 6, Ord. 24-008, eff. Aug. 1, 2024; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Zone Regulations.
(1) 
Parking Reduction. Maximum parking allowances shall be reduced to fifty percent (50%) of the allowances set forth in Article 4 of Chapter 4 of this title.
(2) 
Design Guidelines. All development proposals in the TH Transit Hub overlay zone shall be subject to the applicable provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to Transit Hubs, as required by Article 4 of Chapter 7 of this title.
(b) 
Findings. There are no special findings in the TH overlay zone.
(Sec. 3 (Exh. A) (part), Ord. 20-005, eff. May 21, 2020; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Zone Regulations.
(1) 
Design Guidelines. All development proposals in the PP Pedestrian Priority overlay zone shall be subject to the applicable provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to Pedestrian Priority zones, as required by Article 4 of Chapter 7.
(b) 
Findings. There are no special findings in the PP overlay zone.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)