This article establishes objectives, standards, and procedures for conducting design review. The purpose of these provisions is to ensure that development is of a high design quality and complies with the applicable provisions of the General Plan, including but not limited to its urban design goals and policies, the Emeryville Design Guidelines, and any other applicable design guidelines or criteria.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Except as specified in Section 9-7.403, design review is required for any exterior changes that alter the appearance of a property and are visible from the public right-of-way or from public open space, whether or not a building permit is required, including all projects that involve construction, reconstruction, rehabilitation, alteration, or improvements to the exterior of a structure; the erection, replacement, or alteration of signs; and changes in landscaping including all retaining walls and fences over six feet (6') tall. Design review shall be required for exterior alterations to a project approved under a previous design review permit, conditional use permit, variance, or planned unit development if such alterations are not authorized by the previous permit. Demolition and grading permits that are not associated with a construction project approved pursuant to a design review permit, conditional use permit, variance, or planned unit development shall also be subject to design review.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The following exterior changes to a property shall be exempt from design review:
(a) 
Replacement in kind.
(b) 
Any work deemed by the Director to have a negligible visual effect.
(c) 
Structures not visible from the public right-of-way or from public open space.
(d) 
Landscaping less than five hundred (500) square feet.
(e) 
Projects consistent with a previous design review, conditional use permit, variance, or planned unit development approval.
(f) 
Accessory dwelling units, the design of which shall be reviewed as part of the zoning compliance review, pursuant to Section 9-5.1409.
(g) 
Solar panels.
(h) 
Exempt signs pursuant to Section 9-5.1605.
(i) 
Exterior alterations required by State or Federal law or other public agencies.
(Sec. 3 (Exh. A), Ord. 23-005, eff. Jan. 18, 2024; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
As provided in Article 1 of this chapter, Planning Decision Authority, the Director, Planning Commission, and City Council have authority to conduct design review. Objective, minor and major design review are established as follows:
(a) 
Objective Design Review. The Director conducts objective design review in conjunction with zoning compliance review for three and four multi-unit, five or more multi-unit residential development applications and makes a decision to approve or deny the design. The Director shall review the application to determine whether the proposed project conforms to the applicable design standards as listed in the objective standards Section 9-7.1604 and related findings in Section 9-7.407. If the Director determines that the proposal conforms to the applicable objective design standards then objective design review shall be approved. If the Director determines that the proposal does not conform to the applicable objective design standards, the objective design review shall not be approved and the applicant shall be advised as to how the proposal could be brought into compliance.
(b) 
Minor Design Review. The Director conducts minor design review and makes a decision to approve, approve with conditions, or deny the design. The Director, at his or her discretion, may refer any such application for design review to the Planning Commission for a decision, in which case the application shall be reviewed under the major design review procedures. Projects subject to minor design review include the following:
(1) 
New construction or alteration of a Single Unit or Two (2) Unit residential use.
(2) 
New construction or alteration of three and four multi-unit, or five or more multi-unit residential uses with fewer than 10 units.
(3) 
Alterations and additions to existing buildings that do not alter the exterior building envelope, or that do alter the exterior building envelope but do not result in more than five thousand (5,000) square feet of new floor area.
(4) 
New construction and alteration of accessory structures and facilities, whether or not a building permit is required.
(5) 
Signs that are eligible for minor design review pursuant to Article 16 of Chapter 5.
(6) 
Landscaping of equal or more than five hundred (500) square feet, including all retaining walls, and fences and gates over six feet (6') tall.
(7) 
Collection bins as defined in Section 9-2.702(o).
(8) 
Demolition and grading permits that are not associated with a construction project approved pursuant to a design review permit, conditional use permit, variance, or planned unit development and that do not involve demolition of a significant or residential structure.
(9) 
Any other design review application that the Director deems unlikely to have a visual or functional impact of substantial consequence because of its location, scale, or type.
(c) 
Major Design Review. A project that does not quality for minor design review pursuant to subsection (a) of this section and is not exempt from design review pursuant to Section 9-7.403 shall be subject to major design review. The Planning Commission conducts major design review and makes a decision to approve, approve with conditions, or deny the design. Design review that is combined with another permit application that requires Planning Commission approval shall be conducted by the Planning Commission under the major design review process. Design review that is associated with the demolition of a significant or residential structure, pursuant to Article 12 of Chapter 5, shall be conducted by the City Council under the major design review process.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (Exh. A), Ord. 23-005, eff. Jan. 18, 2024; Ord. 26-001, 2/3/2026)
An application for design review shall be filed and processed in accordance with the provisions of Article 2 of this chapter, Common Procedures, including conditions of approval, expiration, extensions, and modifications.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Applications for design review shall be reviewed for conformance with the applicable provisions of the General Plan, including but not limited to its urban design goals and policies, the Emeryville Design Guidelines, and any other applicable design guidelines or criteria. Such design guidelines and criteria include, but are not limited to, the North Hollis Area Urban Design Program, San Pablo Avenue Urban Design Plan, South Bayfront Design Guidelines, Park Avenue District Plan, and Shellmound Design Guidelines. Design review shall be based on an evaluation of the design of the proposed project, including, but not limited to:
(a) 
Sidewalks and landscaping.
(b) 
Parking and access.
(c) 
Site planning.
(d) 
Building massing.
(e) 
Building form and articulation.
(f) 
Architecture and building materials.
(g) 
Open space.
(h) 
Signs.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
To approve a design review application, the following findings must be made:
(a) 
The design of the project is consistent with the General Plan, including but not limited to its urban design goals and policies.
(b) 
The design of the project conforms to the Emeryville Design Guidelines and any other applicable design guidelines or criteria. For major and minor design review projects, if strict compliance with the provisions of such design guidelines or criteria is not achieved, the applicant must convincingly demonstrate that the intent of the guidelines or criteria is met.
(c) 
Major and minor design review only: the project is of a high design quality that is compatible with, and will not adversely affect, the surrounding area.
(d) 
The project is consistent with objective standards, including but not limited to standards listed in Section 9-7.1604.
(Sec. 3 (Exh. A), Ord. 23-005, eff. Jan. 18, 2024; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The Director's decision on a minor design review application may be appealed to the Planning Commission, and the Planning Commission's decision on a major design review application may be appealed to the City Council, pursuant to Article 14 of this chapter.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)