There are four (4) types of open space:
• Private open space;
• Common open space;
• Privately owned public open space (POPOS); and
• Public parks.
See Section
9-8.215, "O" Terms, for open space descriptions.
(a) Requirements for All Types of Open Space.
(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) Three and Four Multi-Unit and Five or More 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.
c. Projects Subject to Parkland Dedication in Subdivision Ordinance. Parkland dedicated and improved consistent with Section
9-6.605(d), Parkland, shall count towards POPOS and public park requirements, as described in subsection (a)(2)(d) of this section.
d. Exclusions. Area devoted to POPOS and public parks, described in this section, shall not:
i. Qualify for development bonus points pursuant to Section
9-4.204; nor
ii. Qualify for other minimum open space requirements for the subject site, such as private, common or POPOS requirements, pursuant to subsection (a) or (b) of this section.
(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 Three and Four Multi-Unit and Five or More Multi-Unit Uses. Except as provided in subsection (a)(5)a of this section, new buildings or additions that exceed 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 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, other than an entry porch or stoop, 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.
(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. Stormwater management measures, such as flow-through planters and swales, may count toward the landscaping requirements of Section
9-4.504, but not towards these common open space requirements.
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.
(5) Public Park Requirements. Properties identified as "other park opportunities" in the General Plan and Parks and Recreation Strategic Plan, and as specified in Table 9-4.303(c) and Figure 9-4.303(c) shall be provided on site and in accordance with the following standards:
a. Definition. "Public park" or "public open space" means open space that is available to the general public. This includes plazas, turf areas, play equipment, picnic areas, and recreation facilities among other uses.
b. Applicability. This subsection applies in the following conditions:
i. For project sites listed in Table 9-4.303(c), the minimum project site area subject to these requirements is at least three (3) times the minimum park acreage indicated in Table 9-4.303(c), except the public park opportunity site labeled "K" which has a minimum project site size of at least two (2) times the minimum park acreage.
ii. Public park requirements apply to development projects in which at least fifty percent (50%) of the total floor area is new construction.
iii. Requirements of this section apply to the first new construction project within each public park opportunity site as indicated in Figure 9-4.303(c) and not to any subsequent new construction projects within the same public park opportunity site, except for site "K" for which these requirements apply to the first two new construction projects.
c. FAR and Density Calculations. The area of the site developed as a public park in conformance with this section shall be included in the overall site area for purposes of calculating project floor area ratio and residential density.
d. Park Size. The minimum park size required shall be as indicated in Table 9-4.303(c). For any projects seeking FAR bonuses pursuant to Section
9-4.204, park acreage above the minimum is required. The park size required is indicated by the following formula but shall not be required to exceed one-third (1/3) of the project site:
p = M x (1 + F/100)
Where:
P = Required park size in acres
M = Minimum park size in acres per Table 9-4.303(c)
F = Number of bonus points required by project for FAR bonus pursuant to Section
9-4.204.
e. Park Regulations. The public park shall be subject to the applicable provisions of Chapter 24, Parks, of Title
5, Public Welfare, of the Emeryville Municipal Code.
f. Ownership and Maintenance. The ownership and maintenance of the park shall be negotiated between the applicant and the City.
g. Conformance with City Regulations for Public Parks. Public parks shall be designed in conformance with the:
i. Parks regulations pursuant to Chapter 24 of Title
5.
ii. Parks and Recreation Strategic Plan, including the recommended park program, potential program elements, and site recommendations. As specified in the Strategic Plan, site furnishings and amenities may include but are not limited to: tables and chairs or other seating; active recreation spaces, such as tot lot or playground, sport court, or similar; shading structures; and/or public art.
h. Park Design. Public parks shall:
i. Be located on the ground level;
iii. Be located adjacent to, and directly accessible from, residential and/or commercial use in the development project;
v. Comply with Emeryville Design Guidelines for Privately Owned Public Open Space (Section G) and Chapter 24 of Title
5 for public parks, as appropriate to the ownership type;
vi. Provide Pedestrian-Scaled Lighting. Applicants shall submit a lighting plan and photometric diagram as part of an applicable project development application.
i. Development Impact Fee Credit. Applicants whose projects provide public parks in conformance with this section are eligible for a development impact fee credit pursuant to Section
9-5.1911.
Figure 9-4.303(c): Public Park Opportunity Sites |
Table 9-4.303(c): Public Park Opportunity Sites |
|---|
Parks and Recreation Strategic Plan Reference # and Location | Address | APN | Minimum Park Acreage | Parcel Size (Acres) |
|---|
B | Bay Street & 65th Street | 6603 Bay St./Shellmound St. 6601 Bay St./Shellmound St. 1690 65th St. 6501 Bay St./Shellmound St. | 49-1490-1 49-1490-3 49-1490-4 49-1490-5 | 0.5 | 1.3 0.9 5.0 1.7 |
C | 66th/67th St./Hollis | 1266 66th St. 1315 67th St. 1321 67th St. 1289 67th St. 1255 67th St. 1255 67th St. 1285 66th St. 1287 66th St. 1301 66th St. 1307 66th St. 1309 66th St. 6598 Hollis St. 1320 65th St. 1310 65th St. 1306 65th St. 1302 65th St. 1298 65th St. 1280 65th St. | 49-1508-2 49-1508-6 49-1508-7 49-1508-10-2 49-1508-11 49-1508-12 49-1540-1 49-1540-2 49-1540-3 49-1540-4 49-1540-5 49-1540-6 49-1540-7 49-1540-8 49-1540-9 49-1540-10 49-1540-11 49-1540-12 | 0.5 | 0.7 1.9 0.9 1.6 0.2 0.6 0.4 0.4 0.2 0.4 0.2 0.3 0.2 0.3 0.2 0.2 0.2 0.7 |
D | Powell & Christie | 5851 Christie Ave. 1776 Powell St. 5801 Christie Ave. 1700 Powell St. | 49-1494-3-2 49-1494-4-7 49-1494-4-8 49-1494-4-10 | 0.5 | 1.6 0.6 2.1 0.4 |
G | Powell Street Plaza | 5713 Christie Ave. 5701 Christie Ave. 5791 Christie Ave. 1661 Powell St. 5795 Christie Ave. | 49-1515-12-5 49-1515-11-7 49-1515-11-14 49-1515-1-6 49-1515-7-7 | 1.0 | 6.2 0.4 2.9 1.0 0.7 |
H | Temescal Creek (west end) | 2 Shellmound St. | 49-1516-13 | 0.08 | 0.6 |
J | Park Ave. | 1400 Park Ave. 1451 Sherwin St. 4220 Hubbard St. | 49-1033-2 49-1034-1-4 49-1034-1-3 | 0.5 | 2.2 0.6 1.7 |
K | East Bay Bridge Shopping Area | 3838 Hollis St. 3838 Hollis St. 3839 Emery St. 3889 San Pablo Ave. | 49-619-2 49-619-3 49-619-5 49-619-6 | 3.0 | 7.6 2.1 7.9 4.5 |
L | Triangle | 1070 41st St. | 49-1026-17-2 | 0.5 | 1.9 |
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 3 (Exh. A), Ord. 23-005, eff. Jan. 18, 2024; Sec. 3, Ord. 24-003, eff. Apr. 18, 2024; Ord. 26-001, 2/3/2026)
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