Article 20 — Multi-unit Residential Developments

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 of 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;

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City of Emeryville, CA

PLANNING REGULATIONS

9-5.2004

9-5.2004

• 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.

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Figure 9-5.2004(a): Minimum Living and Dining Room Dimensions (Family Friendly Units).

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----- Start of picture text -----
Table 9-5.2004: Minimum Living and Dining Room Areas (Family Friendly
Units)
Minimum Minimum
Living Room Minimum Dining Room Minimum
Bedrooms Area (sq. ft.) Dimension Area (sq. ft.) Dimension
2 168 10'–0" 108 9'–0"
3 192 10'–0" 117 9'–0"
4+ 216 10'–0" 135 9'–0"
----- End of picture text -----

• (3) Kitchens. Each applicable unit shall be designed with the following minimum requirements:

  • a. Required appliances:

    • i. Refrigerator with freezer;

    • ii. Stove/cooktop;

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EMERYVILLE CODE

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9-5.2004

• 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).

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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

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9-5.2006

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)

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City of Emeryville, CA 9-5.2006

EMERYVILLE CODE

9-5.2008

• (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

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City of Emeryville, CA

PLANNING REGULATIONS

9-5.2008

9-5.2009

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 prewired 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.

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EMERYVILLE CODE

9-5.2009

9-5.2009

(Sec. 3 (Exh. A), Ord. 23-005, eff. Jan. 18, 2024)

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City of Emeryville, CA

Article 21 Short-term Rentals

The purpose of this article is to establish criteria and procedures for rental of all or part of a dwelling unit for fewer than thirty (30) days. The City finds it necessary to establish such requirements to regulate short-term rentals in the interest of the public health, safety, and welfare.

(Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)

No person shall establish, operate, or maintain a short-term rental without first obtaining a valid short-term rental permit pursuant to this article.

(Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)

Short-term rentals are permitted only in single-unit detached houses, and only as an accessory use. All other short-term rental of dwellings and parts of dwellings is prohibited. Short-term rentals are prohibited in any accessory dwelling unit or junior accessory dwelling unit. This article is not to be construed to prohibit weekly rentals in Group Residential uses. By issuing a short-term rental permit, the City is not conferring a vested right.

(Sec. 3, Ord. 20-027, eff. Jan. 14, 2021; Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)

All short-term rentals shall conform to the following standards:

• (a) Nonhosted short-term rental of an entire single-unit detached house is limited to a total of ninety (90) calendar days per permit term. Portions of calendar days shall count as full days.

• (b) Short-term rental of part of a single-unit detached house must be hosted; the primary, permanent resident shall continue to occupy the single-unit detached house in his/her usual manner, while operating the short-term rental of a room or other space that is a portion of the dwelling.

• (c) The house that includes the short-term rental must be the permittee's primary, permanent residence.

• (d) If the permittee is not the owner, the permittee must have the owner's written permission to operate a short-term rental on the property.

• (e) The dwelling must have a smoke detector, a fire extinguisher, a carbon monoxide detector, and adequate egress, as determined by the Chief Building Official.

• (f) The permittee shall post a diagram of exits, fire extinguisher locations, Fire and Police Department phone numbers, the operator's contact information, and the City noise ordinance hours.

• (g) The permittee must obtain and maintain a current business tax certificate and pay transient

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City of Emeryville, CA 9-5.2104

EMERYVILLE CODE

9-5.2106

occupancy tax as may be required by the Emeryville Municipal Code.

• (h) The operator must inform and update the City regarding what advertising platforms are used to advertise the unit or room for short-term rental.

• (i) The short-term rental shall not result in a nuisance.

• (Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)

Application for a short-term rental permit shall be submitted to the Planning Division on a form provided by the Director, accompanied by a 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, all including the applicant's name and the address of the dwelling where the shortterm rental would occur:

• (a) Driver's license or State identification card;

• (b) If the operator/permanent primary occupant is not the owner, written permission from the owner to operate short-term rentals, with owner contact information;

• (c) Photos of smoke detector, carbon monoxide detector, and fire extinguisher in the area of the dwelling to be rented, and egress from the rental space to the exterior of the building;

• (d) One (1) of the following documents to prove that the applicant/permittee is the primary, permanent resident of the property where the short-term rental is proposed to occur:

  • (1) Proof of homeowner's tax exemption,

  • (2) Voter registration card or certificate,

  • (3) Proof of vehicle registration,

  • (4) Original proof of car insurance,

  • (5) One (1) original utility bill from EBMUD, Waste Management, or PG&E,

  • (6) Lease;

• (e) Statement of what advertising platforms will be used to advertise the space to be rented;

• (f) Current business tax certificate.

• (Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)

The Director shall consider applications for short-term rentals in consultation with the Chief Building Official, Fire Marshal, and Police Chief. The Director, at his/her discretion, may give such notice as is deemed appropriate to adjacent property owners or other interested parties. However, the Director may, instead, refer any application to the Planning Commission for consideration. If considered by the Commission, the application shall be heard at a public hearing noticed by Types C, D, and E and optionally by Types A and F, as these notice types are defined in Section 9-7.208(b). The Director or Commission, as the case may be, may approve or disapprove an application or impose conditions of approval which, in his/her/its judgment, are

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City of Emeryville, CA

PLANNING REGULATIONS

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9-5.2109

necessary to ensure conformity with the provisions of this article. The decision may be appealed as set forth in Section 9-5.2110.

(Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)

In order to approve a short-term rental permit, the Director or the Planning Commission shall find that the proposed short-term rental conforms to the standards in Section 9-5.2104. (Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)

A short-term rental permit shall expire on December 31 of the calendar year in which it was issued or renewed. A valid permit which has not been surrendered, suspended, or revoked may be renewed for subsequent periods of no longer than one (1) year upon the following terms and conditions:

• (a) All annual short-term rental permits issued under this article, except the first permit issued for a newly established short-term rental, shall be considered to be issued on January 1 of each year and shall expire on December 31 of the same year.

• (b) An application for renewal of a short-term rental permit shall be filed with the Planning Division before the short-term rental permit expires, on a form provided by the Director, accompanied by a statement indicating whether any information required by Section 9-5.2105 has changed for the renewal period.

• (c) The Director shall review the renewal application in consultation with the Chief Building Official, Fire Marshal, and Police Chief to ensure the short-term rental's continued compliance with the provisions of this article and any conditions of approval, and to assess any outstanding violations or complaints. The Director may request additional information in order to complete his/her review. To renew a short-term rental permit, the Director must make the same findings as for approval of an initial permit.

• (d) Upon completion of the review, the Director shall determine whether to renew the application, and shall promptly inform the renewal applicant of his/her decision. If the permit is renewed, the Director shall provide a new permit for the renewal period. In renewing the short-term rental permit, the Director may modify or delete any existing conditions of approval, and impose any new conditions of approval, as he/she deems appropriate. If the permit is not renewed, the Director shall provide a written explanation to the renewal applicant detailing the reasons for the nonrenewal. If the permit is not renewed, the renewal applicant shall immediately cease operating the short-term rental.

• (Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)

A permit issued pursuant to this article shall be subject to suspension, revocation, or modification for the violation of any provisions of this Code or for any grounds which would warrant the denial of the issuance of such original permit. The Director may issue a notice of violation for any failure to comply with any requirement of this article or any condition of the permit. Such notice shall set forth the action necessary to come into compliance and a time frame for compliance. If the noncompliance is not abated, corrected, or rectified within the time specified

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City of Emeryville, CA

EMERYVILLE CODE

9-5.2109

9-5.2112

by the Director in said notice, the Director may revoke, suspend, or modify the permit, upon thirty (30) days' notice. If the Director decides to revoke or suspend the permit, the operator shall cease operation of the short-term rental immediately.

(Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)

• (a) A decision of the Director on a new short-term rental permit pursuant to Section 9-5.2106 may be appealed to the Planning Commission as provided in Article 14 of Chapter 7 of this title. The decision of the Planning Commission shall be final.

• (b) If the Director refers a new short-term rental permit application to the Planning Commission for consideration pursuant to Section 9-5.2106, the decision of the Planning Commission may be appealed to the City Council as provided in Article 14 of Chapter 7 of this title.

• (c) A decision by the Director to revoke, suspend, or modify a short-term rental permit pursuant to Section 9-5.2109 may be appealed to the Planning Commission as provided in Article 14 of Chapter 7 of this title. The decision of the Planning Commission shall be final. If the Commission decides to revoke or suspend the permit, the operator shall cease operation of the short-term rental immediately.

• (Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)

The City Attorney shall have authority to initiate a civil action to enforce the provisions of this article without prior City Council approval. In making such determination, the City Attorney shall consult with the Code Enforcement Officer.

(Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)

As used in this article:

• (a) "Hosted" means that the primary occupant of the dwelling within which the rental takes place occupies the dwelling during the entire rental period.

• (b) "Nonhosted" means that the primary occupant of the dwelling within which the rental takes place is absent from the dwelling for some or all of the rental period.

• (c) "Single-unit detached house" means a dwelling that is a structure not attached to another structure, but which may be on the same lot as another dwelling.

• (Sec. 3 (part), Ord. 17-001, eff. Apr. 20, 2017)

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City of Emeryville, CA