This article establishes regulations for multi-unit residential developments. The purpose of these regulations is to help achieve the goals, objectives, and policies of the Housing Element of the General Plan to promote family-friendly, affordable housing by establishing minimum standards for unit mix and design, and providing incentives for affordable and ownership housing.
(Sec. 8 (part), Ord. 15-009, eff. Dec. 3, 2015)
Except as otherwise stipulated, the provisions of this article apply to any proposal to develop a Three and Four Multi-Unit and Five or More Multi-Unit residential use, as defined in Sections 9-2.207 and 9-2.206.
(Sec. 8 (part), Ord. 15-009, eff. Dec. 3, 2015; Ord. 26-001, 2/3/2026)
Multi-unit residential developments of ten (10) units or more shall comply with the following requirements:
(a) 
No fewer than fifty percent (50%) of all units in the development shall have two (2) or more bedrooms, including units with three (3) or more bedrooms as required by subsection (b) of this section.
(b) 
No fewer than fifteen percent (15%) of all units in the development shall have three (3) or more bedrooms.
(c) 
No more than ten percent (10%) of all units in the development shall be studio units.
(Sec. 8 (part), Ord. 15-009, eff. Dec. 3, 2015)
(a) 
All multi-unit residential developments shall be subject to the applicable provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to residential use types, as required by Article 4 of Chapter 7.
(b) 
In addition to the requirements of subsection (a) of this section, all multi-unit residential developments of ten (10) units or more shall comply with the applicable provisions of the Emeryville Design Guidelines pertaining to family friendly residential site and building design.
(c) 
Family Friendly Design. All family friendly units required by Section 9-5.2003 shall comply with the applicable provisions of the Emeryville Design Guidelines pertaining to family friendly residential design and shall comply with the following family friendly objective design standards:
(1) 
Distinct common areas in units. However, each applicable unit shall include separate spaces for:
a. 
Dining area;
b. 
Living room;
c. 
Kitchen;
d. 
Bathroom(s); and
e. 
Storage/closet(s).
(2) 
Common areas. Each applicable unit shall have:
a. 
Minimum living room dimensions of ten feet (10'), as shown in Figure 9-5.2004(a).
b. 
Minimum dining room dimensions of nine feet (9'), as shown in Figure 9-5.2004(a).
c. 
Minimum areas for each shall be provided as identified in Table 9-5.2004.
Figure 9-5.2004(a): Minimum Living and Dining Room Dimensions (Family Friendly Units).
Table 9-5.2004: Minimum Living and Dining Room Areas (Family Friendly Units)
Bedrooms
Minimum Living Room Area (sq. ft.)
Minimum Dimension
Minimum Dining Room Area (sq. ft.)
Minimum Dimension
2
168
10'–0"
108
9'–0"
3
192
10'–0"
117
9'–0"
4+
216
10'–0"
135
9'–0"
(3) 
Kitchens. Each applicable unit shall be designed with the following minimum requirements:
a. 
Required appliances:
i. 
Refrigerator with freezer;
ii. 
Stove/cooktop;
iii. 
Oven;
iv. 
Dishwasher;
v. 
Washer and dryer (in kitchen or other common room);
vi. 
Garbage disposal; and
vii. 
Microwave.
b. 
Appliance doors shall not be placed directly across from each other to avoid them opening into the same space unless there is more than forty-eight inches (48") between them.
c. 
Minimum counter and aisle dimensions, as shown in the example in Figure 9-5.2004(b):
i. 
Minimum of twelve inches (12") of counter space on both sides of the stove/cooktop.
ii. 
Minimum of thirty-six inches (36") of counter space adjacent to one (1) side of the sink and twenty-four inches (24") of counter space on the other side of the sink. These areas may overlap with twelve inches (12") of counter space adjacent to stove/cook top.
iii. 
A total cumulative minimum linear counter distance of nine feet (9').
iv. 
Minimum of forty-eight inches (48") aisle (distance between kitchen appliances and counters when placed across from each other, or the wall).
Figure 9-5.2004(b): Examples of Minimum Kitchen Dimensions (Family Friendly Units)
(4) 
Closets and Storage Area. Each applicable unit shall include the following:
a. 
Entry area shall include:
i. 
A minimum of three feet (3') by six feet (6') entry hallway.
A minimum of three feet (3') by six feet (6') unenclosed storage space adjacent to the entrance hallway, clear of main entry door swings, closets, and appliances, for storage of household gear (i.e., strollers, bicycles, wheelchairs, outdoor toys, shoes, coat racks). The longer six feet (6') dimension shall be parallel to the path of travel.
ii. 
Entry closet with a minimum dimension of three feet (3') wide by two feet (2') deep shall be located in, or directly adjacent to, the entry area.
b. 
Cleaning and/or linen closet with a minimum dimension of three feet (3') wide by two feet (2') deep shall not be located in a bedroom.
c. 
Pantry in kitchen with a minimum dimensions of three feet (3') wide by two feet (2') deep.
d. 
One (1) closet in each bedroom. Bedroom closets shall have minimum dimensions of three feet (3') wide by two feet (2') deep.
e. 
All closets/pantries listed above shall have doors and a minimum internal height of eight feet (8').
(5) 
Bathrooms. Each applicable unit shall include the following:
a. 
For units with two (2) or more bedrooms, one (1) bathroom shall be accessible from common areas such as hallways or sitting rooms (not part of a bedroom suite).
b. 
Units with three (3) or more bedrooms shall have a minimum of two (2) full bathrooms.
c. 
In units with more than one (1) bathroom, at least one (1) bathroom shall have a bathtub.
d. 
In multi-level units, at least one (1) bedroom shall be located on the ground floor/entry level. Provide at least one (1) full bath on each floor that has a bedroom, and at least one (1) half-bath on the floor with common spaces (living and dining room).
e. 
For the purposes of this subsection (c)(5), a "full bathroom" includes a room with a toilet, sink, and bath and/or shower. The equivalent of a full bathroom may be provided by having a bath and/or shower in one (1) room and toilet and/or sink accessed separately in another room. A "half-bath" includes a toilet and sink only.
(6) 
Bedrooms. Provide ceiling fans in all bedrooms.
(7) 
Stairs. Provide covered risers in any stairways in each applicable unit.
(Sec. 3 (Exh. A), Ord. 23-005, eff. Jan. 18, 2024; Sec. 8 (part), Ord. 15-009, eff. Dec. 3, 2015)
Exceptions to the unit mix and design requirements of Sections 9-5.2003 and 9-5.2004, respectively, may be approved upon the granting of a conditional use permit by the City Council upon a recommendation of the Planning Commission. Examples include, but are not limited to, senior housing, special needs housing, and multi-generational housing. To grant such a conditional use permit, the following finding must be made in addition to the findings required by Article 5 of Chapter 7:
(a) 
There is a demonstrated need for a housing type or types that deviate from the unit mix and/or design requirements of this article. The importance of meeting this need outweighs the importance of compliance with these requirements.
(Sec. 8 (part), Ord. 15-009, eff. Dec. 3, 2015)
(a) 
Projects Not Seeking Development Bonuses. All multi-unit residential projects not seeking development bonuses, either pursuant to Section 9-4.204 or Article 5 of Chapter 5, shall pay the affordable housing impact fee pursuant to the requirements of Section 9-5.406, or may propose to provide affordable units in the project pursuant to the requirements of Section 9-5.407.
(b) 
Projects Seeking Development Bonuses. All multi-unit residential projects seeking development bonuses, either pursuant to Section 9-4.204 or Article 5 of Chapter 5, shall be exempt from the affordable housing impact fee requirements of Section 9-5.406, but shall provide affordable units in the project pursuant to the applicable provisions of Section 9-4.204 or Article 5 of Chapter 5.
(Sec. 8 (part), Ord. 15-009, eff. Dec. 3, 2015; Ord. 26-001, 2/3/2026)
All multi-unit residential projects seeking development bonuses pursuant to Section 9-4.204 shall be subject to the following requirements for ownership housing:
(a) 
Condominium Map Required. A subdivision map for the purposes of creating condominium units shall be submitted and considered for approval concurrently with applications of other planning permits required for the project. The final subdivision map creating the condominium units shall be recorded prior to issuance of a certificate of occupancy for the project.
(b) 
Project May Be Operated as Rental. Notwithstanding the requirements of subsection (a) of this section, the developer may retain ownership of all units and operate the project as a rental project. In this case, the requirements of Section 9-4.204 and Article 4 of Chapter 5 for rental residential projects shall apply.
(c) 
Requirements for Ownership Projects. If the developer elects to sell the individual units and operate the project as an ownership project, the following requirements shall apply:
(1) 
The requirements of Section 9-4.204 and Article 4 of Chapter 5 for ownership residential projects shall apply.
(2) 
Covenants, conditions and restrictions shall be recorded that include the current basic eligibility requirements of the Federal Housing Administration (FHA) for condominium project approval, including, but not limited to, requirements for owner occupancy and limitations on investor ownership and commercial space.
(d) 
Conversion to Ownership Project. Pursuant to the applicability provisions of Section 9-6.702, if a project that had been operated as a rental project pursuant to subsection (b) of this section is later converted to an ownership project through the sale of units, the residential condominium conversion requirements in Article 7 of Chapter 6 shall apply.
(Sec. 8 (part), Ord. 15-009, eff. Dec. 3, 2015; Ord. 26-001, 2/3/2026)
Multi-unit residential developments of ten (10) units or more shall provide either: (a) one (1) free monthly pass for unlimited local bus transit service for each dwelling unit, or (b) an equivalent transportation benefit in an amount at least equal to the price of a nondiscounted unlimited monthly local bus pass.
Additionally, projects of fifty (50) units or more shall provide transportation information displays and at least one (1) of the following: (a) additional free transit passes for residents beyond one (1) pass per unit, (b) free car sharing memberships for residents, or (c) free bike sharing memberships for residents.
(Sec. 3 (Exh. A), Ord. 23-005, eff. Jan. 18, 2024; Sec. 8 (part), Ord. 15-009, eff. Dec. 3, 2015)
Multi-unit residential developments shall comply with the following standards:
(a) 
Mailboxes and Mail Rooms. All multi-unit projects shall have lockable mailboxes. All residential developments of ten (10) units or more shall also include secure mail rooms with package delivery areas accessible only to residents and delivery personnel (e.g., fob or key access required).
(b) 
Daylight Corridors. On at least one (1) end of every common building corridor more than two hundred feet (200') long there shall be a window of at least twenty (20) square feet to allow daylight.
(c) 
Furniture Plan. Applicants shall show furniture in unit plans submitted for planning approvals.
(d) 
Security. Exterior doors and entry gates shall be equipped with security cameras, or pre-wired for future installation of security cameras.
(e) 
Amenities. New construction of multi-unit residential developments of ten (10) units or more shall include at least three (3) of the following amenities:
(1) 
On-site day care center (Section 9-2.317) as an accessory use.
(2) 
Study room/business center (four hundred (400) square foot minimum size) with internet access for all residents and at least one (1) on-site computer and printer available for all residents per fifty (50) dwelling units provided. This must be a completely independent facility from a conference or multi-purpose room.
(3) 
Conference or multi-purpose room (four hundred (400) square foot minimum size). This must be a completely independent facility from a study room or library. Features may include but not be limited to kitchen facilities, restroom, and internet access.
(4) 
Fitness center (four hundred (400) square foot minimum size) with amenities for all residents such as weights, fitness machines, stretching area, courts, etc.
(5) 
Social activity areas such as a common seating area, joint eating and cooking area, play area, located within the common open space required by Section 9-4.303 and meeting the design standards of Section 9-4.303(b)(3).
(6) 
Storage spaces for at least twenty-five percent (25%) of dwelling units; minimum two hundred fifty (250) cubic feet in size, lockable, and separate from the unit.
(7) 
Pet amenities (e.g., relief area, washing facility); minimum four hundred (400) square foot exterior, one hundred (100) square foot interior.
(Sec. 3 (Exh. A), Ord. 23-005, eff. Jan. 18, 2024)