Article 2 — Miscellaneous Use Regulations

The purpose of this article is to consolidate in one (1) location miscellaneous Citywide use and development regulations that pertain to the various use classifications in Chapter 2 and to other uses and situations, and that are so brief as not to warrant separate articles. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Screening for any outdoor activities shall be provided in conformance with the requirements of Article 5 of Chapter 4.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

See Article 7 of Chapter 6 for regulations pertaining to the conversion of rental housing to condominiums.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Drive-In and Drive-Through Facilities are prohibited. This prohibition does not apply to drive-in movies, which may be approved as temporary uses only, pursuant to the temporary use permit procedure in Article 6 of Chapter 7.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Factory-built housing shall be treated the same as conventional site-built housing. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Repealed by Sec. 4 (part), Ord. 17-001, eff. Apr. 20, 2017. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Repealed by Sec. 6, Ord. 17-002, eff. May 4, 2017. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

• (a) On the Public Right-of-Way. Mobile Food Vendors to be located on the public right-ofway are not subject to these planning regulations, but are regulated pursuant to Chapter 27 of Title 5 and Chapter 3 of Title 6.

• (b) On Private Property. Mobile Food Vendors to be located on private property or elsewhere not on the public right-of-way are subject to these planning regulations, and are eligible

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EMERYVILLE CODE

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only for temporary use permits pursuant to Article 6 of Chapter 7. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Mobile homes on individual lots shall be treated the same as Single Unit residential uses. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Pursuant to Section 5-5.14, card rooms are only allowed on San Pablo Avenue south of Park Avenue.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Limited Residential Care Facilities, including group homes and Residential Care Facilities for the Elderly, which provide care for six (6) or fewer persons shall be treated the same as Single Unit residential uses.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

• (a) Defined. A Residential Care Facility for the Elderly is a Residential Care Facility, as defined in Section 9-2.215, that serves persons sixty (60) years of age and older.

• (b) Building Intensity Bonus. A Residential Care Facility for the Elderly shall receive a bonus of one percent (1%) of building intensity (floor area ratio or FAR) for each one percent (1%) of beds provided to persons eligible for Supplemental Security Income (SSI) as defined by the U.S. Social Security Administration, up to a maximum of twenty-five percent (25%). This bonus is in addition to any bonuses available pursuant to Section 9-4.204.

• (c) Guarantee Required. To be eligible for the bonus provided in subsection (b) of this section, the owner of the Residential Care Facility for the Elderly shall enter into an agreement with the City, in a form acceptable to the City Attorney, to guarantee the availability of such beds for persons eligible for SSI for a minimum of fifty-five (55) years.

• (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

• (a) Outdoor Sales. Screening for any outdoor sales shall be provided in conformance with the requirements of Article 5 of Chapter 4.

• (b) Tobacco Shops. Pursuant to Section 5-29.10, Tobacco Shops are prohibited from being located within one thousand feet (1,000') of public or private schools and parks, greenways and playgrounds.

• (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

A Supportive Housing or Transitional Housing development shall be considered a residential use

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City of Emeryville, CA

PLANNING REGULATIONS

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of property subject only to those same restrictions that apply to other residential uses of the same type (e.g., One Unit, Two Unit, or any Multi-Unit use type) in the same zoning district. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Ord. 26-001, 2/3/2026)

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City of Emeryville, CA