This article establishes regulations for accessing private property from City parks, greenways, and other City property. Such access can help to enliven parks and greenways and may provide the only feasible means of access in some situations.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The provisions of this article shall apply whenever a private property owner seeks to gain access to the private property from a City park, greenway, or other City-owned property. Such access may include the entire property or individual dwelling units, Live/Work Units, commercial tenant spaces, or other individual units of the property. Nothing in this article shall restrict access to private property from any public right-of-way, which shall be subject to all other applicable laws and regulations.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
No private property shall be accessed from a City park, greenway, or other City property by pedestrians, bicycles, motor vehicles, or any other means except upon the granting of a minor conditional use permit pursuant to the requirements of this article. Such a conditional use permit approves access from the City park, greenway, or other City property and includes approval of any and all access improvements on the private property, but does not constitute an entitlement for use of the City park, greenway, or other City property in perpetuity.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Except for Eating and Drinking Establishments, no use of special concern, as listed in Section 9-2.701, shall gain access from a City park, greenway, or other City property unless it is the only feasible means of access.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
To the extent feasible, a second means of access to the private property shall be provided so that access from a City park, greenway, or other City property is not the sole means of access to the private property or any of its individual spaces or units. If access from a City park, greenway, or other City property is the only feasible means of access to the private property, the owner of the private property shall be responsible, in cooperation with the City, for facilitating access to the private property in the event that the City needs to close or restrict access to the park, greenway, or other City property for maintenance, repairs, or other reasons. The owner of the private property shall bear all costs associated with facilitating such access during closure or restriction of the park, greenway, or other City property.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Access to private property from a City park, greenway, or other City property shall be limited to pedestrian and bicycle access, unless it provides the only feasible means of access for motor vehicles.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Private property gaining access from a City park, greenway, or other City property shall be attractively landscaped in conformance with all requirements of this Code, the Emeryville Design Guidelines, and all other applicable design guidelines such as the North Hollis Urban Design Plan or the Park Avenue District Plan. Such landscaping shall be maintained in a healthy growing condition at all times, and the overall property shall be maintained free of trash, litter, graffiti, weeds, peeling paint, and any other blighting conditions, in conformance with the requirements of Chapters 2 and 11 of Title 6 and all other applicable laws and regulations.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The private property owner shall be responsible for providing a suitable all weather pedestrian and/or bicycle path from the pedestrian and/or bicycle path on the City property to the pedestrian and/or bicycle access point on the private property. If motor vehicle access is to be provided, a driveway conforming to the requirements of Article 4 of Chapter 4 shall be provided. The private property owner shall be responsible for bearing all costs of design, construction, operation and ongoing maintenance of such access facilities both on the City property and on the private property. If a door into a building is provided on the private property, it shall not swing over the property line onto the City property; if necessary to prevent this, the door shall be inset into the wall of the private building.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
As a condition of gaining access from a City park, greenway, or other City property, the owner of the private property shall make a one (1) time lump sum contribution to the Citywide Parks Fund in an amount equal to the value of the access as determined by an appraisal prepared at the applicant's expense under the direction of the City. This shall be in addition to the application fee and any other fees prescribed by the Master Fee Schedule. This condition may be waived, or the amount of the contribution reduced, if the property owner is required to construct or make improvements to the park, greenway, or City property, other than the proposed access facilities, or if the City Council determines that the benefit of the access to the City outweighs the benefit of the access to the applicant.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
An application for access to private property from a City park, greenway, or other City property shall be submitted to the Planning and Building Department on a form provided by the Director, accompanied by the fee as set forth in the Master Fee Schedule and application materials as determined necessary by the Director, including but not limited to the following:
(a) 
A site plan, dimensioned, clearly labeled, and drawn to a standard architectural or engineering scale, showing the entire area where the private property interfaces with the park, greenway, or other City property, including other properties and public rights-of-way within ten feet (10') in all directions. The site plan shall clearly indicate:
(1) 
The location of any and all features on the private property and in the park, greenway, or other City property, including but not limited to pedestrian and bicycle paths, trees, tree wells and grates, lights, signs, utility poles, trash containers, kiosks, planters, benches, play equipment, driveways, parking and loading areas, buildings, doorways, and disabled access ramps.
(2) 
The proposed access pathways and/or driveways from the park, greenway, or other City property onto the private property, indicating dimensions and materials.
(3) 
The relationship of the proposed access pathways and/or driveways to other adjacent properties and public rights-of-way, including any doors and windows.
(4) 
The pedestrian, bicycle, and/or motor vehicle circulation routes and disabled access paths of travel if applicable.
(b) 
A landscape and grading plan clearly indicating and identifying by species all proposed new trees, shrubs, ground cover, and other plant material, and all trees, shrubs, ground cover, and other plant material proposed to be removed.
(c) 
Color photographs showing the existing conditions of all areas of the park, greenway, or other City property and the private property affected by the proposed access.
(d) 
A statement in a form acceptable to the City Attorney that the permittee shall defend, indemnify, and hold harmless the City of Emeryville, its agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney's fees) against the City of Emeryville, its agents, officers or employees from any loss, liability, damage, or cost sustained by any person or property, arising from the operation, use, or maintenance of the proposed access facilities as provided by this article.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
To grant a conditional use permit for access to private property from a City park, greenway, or other City property, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:
(a) 
The location, size, and design of the proposed access facilities will be compatible with and will not adversely affect or be materially detrimental to operation and maintenance of the park, greenway, or other City property through which access is to be gained.
(b) 
The proposed access facilities conform to the applicable provisions of the Emeryville Design Guidelines, including but not limited to the Area Specific Guidelines pertaining to the area in which the proposed access facilities are to be located, and to all other applicable design guidelines such as the North Hollis Urban Design Plan or the Park Avenue District Plan.
(c) 
The proposed access facilities comply with all applicable standards and requirements of this title, the Emeryville Municipal Code, and local, State, and Federal regulations.
(d) 
The proposed access facilities conform with the requirements of all applicable City departments, including but not limited to Planning and Building, Public Works, Fire, and Police.
(e) 
If motor vehicle access is proposed, there is no other feasible way to provide motor vehicle access to the private property.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
In approving a conditional use permit for access to private property from a City park, greenway, or other City property, such conditions may be designated as deemed necessary to protect the public health, safety and welfare, and reasonable guarantees and evidence may be required that such conditions are being, or will be, complied with. Such conditions may include, but are not limited to, the following:
(a) 
Recording of an access easement with the Alameda County Recorder.
(b) 
Providing for the ongoing maintenance and repair of the access facilities and landscaping constructed on the City's property, and their future replacement if necessary.
(c) 
Restricting access to certain hours for pedestrians, bicycles, and/or motor vehicles, or allowing access during hours when City parks and greenways are otherwise closed to the public.
(d) 
Restricting the uses that may gain access from the City park, greenway, or other City property.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)