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City of Emeryville, CA chevron_right chevron_right Municipal Code chevron_right Title 9 Planning Regulations chevron_right CHAPTER 5 CITYWIDE USE AND DEVELOPMENT REGULATIONS

CHAPTER 5 CITYWIDE USE AND DEVELOPMENT REGULATIONS

Article 1 General Provisions

9-5.101 Purpose and Applicability.

Article 2 Miscellaneous Use Regulations

9-5.201 Purpose.

9-5.202 Animal Care and Sales, Kennel/Animal Care.

9-5.203 Condominium Conversions.

9-5.204 Drive-In and Drive-Through Facilities.

9-5.205 Factory-Built Housing (Manufactured Homes).

9-5.206 Lodging, Bed and Breakfast.

9-5.207 Medical Marijuana Dispensaries.

9-5.208 Mobile Food Vendors.

9-5.209 Mobile Homes on Individual Lots.

9-5.210 Recreation, Gaming.

9-5.211 Residential Care Facility, Limited.

9-5.212 Residential Care Facilities for the Elderly.

9-5.213 Retail.

9-5.214 Supportive Housing and Transitional Housing.

9-5.215 Parcels Subject to Government Code Section 65583.2(i).

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Article 3 Adult Oriented Businesses

9-5.301 Purpose.

9-5.302 Effect.

9-5.303 Home Occupations.

9-5.304 Districts Where Allowed.

9-5.305 Location Requirements.

9-5.306 Conditional Use Permit Required.

9-5.307 Conditions of Approval.

9-5.308 Public Display of Certain Matter Prohibited.

9-5.309 Definitions.

Article 4 Affordable Housing Program

9-5.401 Created.

9-5.402 General Requirements for New Ownership Residential Projects of Ten (10) or More Dwelling Units.

9-5.403 Affordable Unit Requirements for Ownership Residential Projects.

9-5.404 Household Eligibility Requirements for Affordable Units.

9-5.405 Control of Resale of Ownership Affordable Units.

9-5.406 New Rental Residential Projects – Affordable Housing Impact Fees.

9-5.407 Rental Affordable Units Permitted if Consistent with Costa-Hawkins Act.

9-5.408 Requirements for Rental Affordable Units.

9-5.409 New Nonresidential Projects – Affordable Housing Impact Fees.

9-5.410 Housing Fund.

9-5.411 Availability of Government Subsidies.

9-5.412 Density Bonus.

9-5.413 Reduction of Amenity and Square Footage.

9-5.415 Technical Assistance.

9-5.416 Enforcement.

9-5.417 Waiver.

9-5.418 Annual Report.

9-5.419 Definitions.

Article 5 Density Bonus For Affordable Housing

9-5.501 Purpose.

9-5.502 Applicability.

9-5.503 Projects Eligible for Density Bonus.

9-5.504 Application Requirements.

9-5.505 Amount of Density Bonus.

9-5.506 Concessions and Incentives.

9-5.507 Waiver or Reduction of Development Standards.

9-5.508 Vehicular Parking Ratio.

9-5.509 Requirements for Participation.

9-5.510 Definitions.

Article 6 Firearms And Ammunition Sales

9-5.601 Purpose.

9-5.602 Home Occupations.

9-5.603 Districts Where Allowed.

9-5.604 Location Requirements.

9-5.605 Conditional Use Permit Required.

9-5.606 Conditions of Approval.

9-5.607 Definitions.

Article 7 Hazardous Waste Facilities

9-5.701 Purpose.

9-5.702 Applicability.

9-5.703 Conditional Use Permit Required.

9-5.704 Location.

9-5.705 Application Requirements.

9-5.706 Noticing Requirements.

9-5.707 Local Assessment Committee.

9-5.708 Conditions of Approval.

9-5.709 Appeals.

Article 8 Home Occupations

9-5.801 Purpose.

9-5.802 Business License and Zoning Compliance Review Required.

9-5.803 Uses Permitted.

9-5.804 Uses Excluded.

9-5.805 Regulations.

Article 9 Live/work

9-5.901 Purpose.

9-5.902 Applicability.

9-5.903 Conditional Use Permit Required.

9-5.904 Occupancy of Live/Work Unit.

9-5.905 Location and Activity Requirements.

9-5.906 Incompatible Use Types.

9-5.907 Live/Work Standards.

9-5.908 Residential Zones.

9-5.909 Existing Live/Work Buildings.

9-5.910 Waiver or Reduction of Standards.

9-5.911 Review Criteria.

9-5.912 Conditions of Approval.

9-5.913 Conversion of Live/Work Buildings.

Article 10 Nonconforming Uses And Structures

9-5.1001 Purpose.

9-5.1002 Applicability.

9-5.1003 Exceptions.

9-5.1004 Nonconforming Uses as Distinguished from Illegal Uses.

9-5.1005 Effect of Conditional Use Permit on Nonconforming Uses.

9-5.1006 Determination of Legal Nonconforming Uses.

9-5.1007 Incompatible Uses.

9-5.1008 Nonconforming Lots.

9-5.1009 Continuation and Maintenance of Nonconforming Uses and Structures.

9-5.1010 Changes and Substitutions of Nonconforming Uses.

9-5.1011 Expansion of Nonconforming Structures and/or Uses.

9-5.1012 Restoration of Damaged Nonconforming Structures and/or Uses.

9-5.1013 Reestablishment of Abandoned Nonconforming Uses.

9-5.1014 Abatement.

Article 11 Performance Standards

9-5.1101 Purpose.

9-5.1102 Applicability.

9-5.1103 Proof of Compliance.

9-5.1104 Measurements.

9-5.1105 Air Quality: Noxious Materials.

9-5.1106 Air Quality: Noncontaminated Emissions.

9-5.1107 Light and Glare.

9-5.1108 Liquid or Solid Waste.

9-5.1109 Noise.

9-5.1111 Vibration.

Article 12 Preservation Of Structures

9-5.1201 Purpose.

9-5.1202 Applicability.

9-5.1203 Preservation Permit Required.

9-5.1204 Application.

9-5.1205 Approval Procedure for Preservation Permit.

9-5.1206 Findings.

9-5.1207 Conditions of Approval.

9-5.1208 Appeals.

9-5.1209 Effect on Building Permits.

9-5.1210 Designation of Significant Structures.

9-5.1211 Criteria for Adding or Deleting Significant Structures.

9-5.1212 Definitions.

Article 13 Private Property Access From City Parks, Greenways, And Other City Property

9-5.1301 Purpose.

9-5.1302 Applicability.

9-5.1303 Conditional Use Permit Required.

9-5.1304 Allowable Uses.

9-5.1305 Alternate Access.

9-5.1306 Limitations.

9-5.1307 Landscaping and Maintenance of Property Gaining Access.

9-5.1308 Access Facilities.

9-5.1309 Financial Contribution to Citywide Parks Fund.

9-5.1310 Application.

9-5.1311 Findings.

9-5.1312 Conditions of Approval.

Article 14 Accessory Dwelling Units And Junior Accessory Dwelling Units

9-5.1401 Purpose.

9-5.1402 Applicability.

9-5.1403 Approval Procedure.

9-5.1404 Minimum Allowable Accessory Dwelling Unit.

9-5.1405 Where Allowed.

9-5.1406 Building Intensity and Residential Density.

9-5.1407 Number of Accessory Dwelling Units and Junior Accessory Dwelling Units.

9-5.1408 Size of Accessory Dwelling Unit.

9-5.1409 Parking.

9-5.1410 Dimensional Requirements.

9-5.1411 Design.

9-5.1412 Other Requirements.

Article 15 Sidewalk Cafes And Parklets

9-5.1501 Purpose.

9-5.1502 Permit Required.

9-5.1503 Where Permitted.

9-5.1504 Standards.

9-5.1505 Alcoholic Beverages.

9-5.1506 Application.

9-5.1507 Approval Procedure.

9-5.1508 Required Findings.

9-5.1509 Renewal.

9-5.1510 Revocation.

9-5.1511 Appeals.

9-5.1512 Restoration of Sidewalk or Roadway.

9-5.1513 Amortization.

9-5.1514 Parklets.

9-5.1515 Definitions.

Article 16 Signs

9-5.1601 Purpose.

9-5.1602 Applicability.

9-5.1603 Procedure.

9-5.1604 Prohibited Signs.

9-5.1605 Exempt Signs.

9-5.1606 General Provisions for All Sign Types.

9-5.1607 Standards for Specific Sign Types.

9-5.1608 Sign Regulations in the RM Medium Density Residential Zone.

9-5.1609 Sign Regulations in All Other Zones.

9-5.1610 Temporary Commercial Signs.

9-5.1611 Design Principles.

9-5.1612 Procedures for Individual Establishment Signs.

9-5.1613 Master Sign Programs.

9-5.1614 Nonconforming Signs.

9-5.1615 Definitions.

Article 17 Telecommunications Facilities

9-5.1701 Purpose.

9-5.1702 Applicability and Exemptions.

9-5.1703 Approval Procedure.

9-5.1704 Application Requirements.

9-5.1705 Development Requirements and Standards.

9-5.1706 Post-Installation Verification and Monitoring.

9-5.1707 Discontinuance of Use.

9-5.1708 Definitions.

Article 18 Emergency Shelters

9-5.1801 Purpose.

9-5.1802 Applicability.

9-5.1803 Approval Procedure.

9-5.1804 Standards.

Article 19 Development Impact Fees

9-5.1901 Authority and Reference to This Article.

9-5.1902 Purpose of Fees.

9-5.1903 Use of Fees.

9-5.1904 Calculation of Fees by Implementing Resolutions.

9-5.1905 Obligation to Pay Fees.

9-5.1906 Timing of Payment.

9-5.1907 Amount of Payment.

9-5.1908 Fee Adjustments by the City.

9-5.1909 Exemptions.

9-5.1910 Request for Refund.

9-5.1911 Application for Potential Credit.

9-5.1912 Timing of Application for Potential Credit.

9-5.1913 Amount of Potential Credit.

9-5.1914 Request for Reimbursement.

9-5.1915 Allocation of Reimbursements.

9-5.1916 Notice of Protest Rights.

9-5.1917 Informal Hearing.

9-5.1918 Director's determination.

9-5.1919 Appeal of Director's Determination.

9-5.1920 Appeal Hearing.

9-5.1921 Decision of Independent Hearing Officer; Judicial Review.

9-5.1922 Costs of Protest.

9-5.1923 Applicant's Acknowledgment of Adjustment or Waiver.

9-5.1924 Definitions.

Article 20 Multi-unit Residential Developments

9-5.2001 Purpose.

9-5.2002 Applicability.

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9-5.2003 Unit Mix.

9-5.2004 Residential and Family Friendly Design.

9-5.2005 Exceptions.

9-5.2006 Affordable Housing.

9-5.2007 Ownership Housing.

9-5.2008 Transportation Demand Management.

9-5.2009 Multi-Unit Residential Design and Amenities.

Article 21 Short-term Rentals

9-5.2101 Purpose.

9-5.2102 Permit Required.

9-5.2103 Where and How Permitted.

9-5.2104 Standards.

9-5.2105 Application.

9-5.2106 Approval Procedure.

9-5.2107 Required Findings.

9-5.2108 Renewal.

9-5.2109 Revocation.

9-5.2110 Appeals.

9-5.2111 Enforcement.

9-5.2112 Definitions.

Article 22 Cannabis-related Activities

9-5.2201 Purpose.

9-5.2202 Applicability.

9-5.2203 Home Occupations.

9-5.2204 Districts Where Allowed.

9-5.2205 Conditional Use Permit Required.

9-5.2206 Conditions of Approval.

9-5.2207 Standards.

9-5.2208 Definitions.

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