This article establishes regulations governing Live/Work Units. The purpose of these regulations is to provide space that allows for a flexible combination of residential and nonresidential uses to meet the changing needs of the Emeryville community. The intent is to encourage small, independent, and creative businesses and artistic endeavors throughout the City.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The provisions of this article apply to any new or existing Live/Work Unit or Live/Work building, including conversions of existing residential and nonresidential buildings to Live/Work buildings, conversions of Live/Work buildings to wholly residential or nonresidential uses, and any change of use or occupancy in a Live/Work building.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Occupancy of a Live/Work building shall require approval of a conditional use permit pursuant to the procedures and required findings in Article 5 of Chapter 7.
(a) 
Eligible Applicants. The following persons shall be eligible to apply for a conditional use permit for a Live/Work building:
(1) 
The owner of the Live/Work building or Live/Work Unit.
(2) 
An authorized agent of the owner of the Live/Work building or Live/Work Unit.
(3) 
The occupant of the Live/Work Unit with the express written permission of the building owner.
(b) 
To Whom Granted. The conditional use permit for occupancy of a Live/Work building shall be granted to the owner of the building or Live/Work Unit.
(c) 
Notification of Occupants. A copy of the conditional use permit, showing the conditions of approval, shall be provided to all occupants of Live/Work Units in the building prior to their execution of a lease or purchase agreement for such Live/Work Unit.
(d) 
Exception: Existing Live/Work Building. If a valid conditional use permit exists for a Live/Work building on the effective date of the adoption of this article, no additional conditional use permit shall be required for that building in order to meet the requirements of this section.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The owner or occupant of a Live/Work Unit shall receive zoning compliance approval pursuant to Article 3 of Chapter 7. The zoning compliance approval shall identify the occupant(s) and use(s) of the Live/Work Unit and demonstrate compliance with the conditional use permit which was issued for the building.
(a) 
Exception: Existing Live/Work Units. If the owner or occupant has received zoning compliance approval for a Live/Work Unit on the effective date of the adoption of this article, no additional zoning compliance approval is required for that unit in order to meet the requirements of this section unless the use or occupancy is subsequently changed.
(b) 
Posting of Zoning Compliance Approval. The zoning compliance approval for a Live/Work Unit shall be posted in the work portion of the Live/Work Unit.
(c) 
Change of Use or Occupancy. The owner or occupant of a Live/Work Unit shall notify the City of any proposed change in use or occupancy. Any change of use or occupancy shall require a new zoning compliance approval pursuant to Article 3 of Chapter 7.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Location.
(1) 
Heavy Live/Work Units, as defined in Section 9-2.331(a), are permitted in the INH zone, subject to a conditional use permit pursuant to Article 5 of Chapter 7.
(2) 
Light Live/Work Units, as defined in Section 9-2.331(b), are permitted in the RM, RMH, RH, MUR, MURS, MUN, OT, and INL zones, subject to a conditional use permit pursuant to Article 5 of Chapter 7.
(b) 
Activity. The work activity associated with a Live/Work Unit must be permitted or conditionally permitted in the zoning district where it will be located as indicated in Chapter 3; provided, however, that if the unit is in a residential zone, the work activity must be allowed by the regulations for the MUR Mixed Use with Residential zone.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The following use types are deemed incompatible with Live/Work Units, and shall not be permitted in any Live/Work building; nor shall Live/Work Units be permitted in any building which contains the following use types:
(a) 
Uses of Special Concern. Any use of special concern, as listed in Section 9-2.701.
(b) 
Commercial and Institutional Use Types.
Animal Care and Sales (all)
Motor Vehicle Sales and Services (all)
Eating and Drinking Establishments
Bars/Nightclubs/Lounges
Emergency Shelters
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Live/Work buildings shall comply with the following standards, unless specifically waived in accordance with Section 9-5.910. The Planning Commission may increase any requirement, up to what normally would be required for the business activities which may be associated with the proposed Live/Work Units, if determined to be necessary to protect the public health, safety and welfare.
(a) 
Building Size. A Live/Work building shall not exceed the floor area ratio as specified in Article 2 of Chapter 4.
(b) 
Unit Size and Living Area.
(1) 
The floor area of each Live/Work Unit shall be no less than seven hundred fifty (750) square feet and no more than two thousand (2,000) square feet, unless the applicant demonstrates that less or more space is appropriate to the proposed use.
(2) 
Not more than fifty percent (50%) of the floor area of each Live/Work Unit shall be devoted to living area except that in residential zones not more than eighty percent (80%) of each Live/Work Unit shall be devoted to living area.
(c) 
Parking and Loading. Off-street parking and loading shall be provided as required by Article 4 of Chapter 4.
(d) 
Open Space. Open space shall be provided as required by Article 3 of Chapter 4.
(e) 
Performance Standards. All Live/Work Units and Live/Work buildings shall comply with the applicable performance standards in Article 11 of this chapter.
(f) 
Ventilation. All Live/Work Units shall be provided with at least one (1) operable window. A ventilation system shall be installed subject to the approval of the Chief Building Official and Fire Marshal for any Live/Work activity which requires additional ventilation or which generates hazardous fumes or dust.
(g) 
Mixed Occupancies. If a building contains mixed occupancies of Live/Work Units and other uses, occupancies other than Live/Work shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the Live/Work Units and other occupancies, as determined by the Chief Building Official.
(h) 
Additional Requirements. Live/Work Units and buildings must comply with any additional requirements imposed by the Planning and Building, Fire, Police and Public Works Departments as necessary to protect the public health, safety and welfare.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Live/Work Units and buildings located in residential zones are subject to the following additional standards:
(a) 
On-Premises Sales. On-premises sales of goods not produced within the Live/Work building by an occupant of a Live/Work Unit are not permitted.
(b) 
Work Restricted to Occupants. Work on the premises of a Live/Work Unit shall be limited to persons who live in the Live/Work Unit with the exception of one (1) nonresident, full-time equivalent employee.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Any building which contains one (1) or more Live/Work Units on the effective date of the adoption of this article, and has valid permits for such Live/Work Units, need not meet the parking, loading, and open space requirements of Section 9-5.907. The parking, loading, and open space which existed on the effective date of the ordinance codified in this article shall not be reduced to levels below those required by this article.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
In approving a conditional use permit for Live/Work Units, the Director or Planning Commission, as the case may be, may waive or reduce any requirement or portion of a requirement identified in Section 9-5.907 if all of the following findings are made in addition to the findings required by Article 5 of Chapter 7:
(a) 
That the Live/Work Units are provided within a building which was in existence on the effective date of the initial adoption of this article.
(b) 
That the Live/Work Units are provided within a building which is structurally sound or improved so that it is structurally sound.
(c) 
That the Live/Work Units are provided within a building which is consistent with the architectural character of neighboring buildings or which is improved in order to be consistent.
(d) 
That the requirements of Section 9-5.907 cannot be met due to site or building constraints.
(e) 
That human health, safety and welfare will not be adversely affected due to such waiver.
(Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
In reviewing an application for a conditional use permit for Live/Work Units, the Planning Commission shall consider and give preference for projects which incorporate the following:
(a) 
Compatibility of the Live/Work building with neighboring uses.
(b) 
Activities involving artistic endeavors.
(c) 
Low-income housing.
(d) 
Separation of work activities from living areas, where work activities could present threats to human health and safety.
(e) 
Ground floor commercial activity.
(f) 
Adequate traffic circulation.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
In approving a conditional use permit for Live/Work Units, the Planning Commission may designate such conditions as it deems necessary to protect the public health, safety and welfare, and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. Such conditions may include, but are not limited to, the following:
(a) 
Building Management. A building manager shall be designated for the Live/Work building to serve as a liaison between City personnel and Live/Work occupants, and between Live/Work occupants and commercial or industrial occupants. The building manager shall be provided with a copy of all occupancy permits, and shall notify the City of any changes in use or occupancy. The building manager shall report any infringements of permit conditions. The owner of the Live/Work building shall inform the Director of the name and telephone number of the building manager, and shall notify the Director of any changes thereto.
(b) 
Inspections. Live/Work Units shall be subject to periodic inspections by the City's fire, building, health and safety personnel from 9:00 a.m. to 5:00 p.m. on all days except Saturdays, Sundays, and City holidays.
(c) 
Written Notice. For Live/Work buildings located in industrial zones, the owner of the Live/Work building shall provide written notice to all Live/Work Unit occupants that the surrounding area may be subject to levels of noise, dust, fumes or other nuisances at higher levels than would be expected in residential areas. Specific sources of these nuisances may be identified if appropriate and if possible.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Nonresidential Zone. In a nonresidential zone, any Live/Work building may be converted to wholly nonresidential uses which are permitted in that zone.
(b) 
Residential Zone. In a residential zone, no Live/Work building may be converted to wholly nonresidential uses; however, it may be converted to wholly residential uses.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)