Article 1 — Planning Decision Authority

The purpose of this article is to identify the bodies, officials, and administrators with designated responsibilities under various provisions of these planning regulations. Subsequent articles of this chapter provide detailed information regarding various procedures, applications, and permits, including amendments to these planning regulations, the Zoning Maps, and the General Plan, establishment of fees, and enforcement. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials of the City shall interpret and apply the provisions of these planning regulations as minimum requirements adopted to implement the General Plan.

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

The City Council (the "Council") has the following powers and duties under these planning regulations:

• (a) General Plan. Make decisions on General Plan amendments pursuant to the provisions of Article 12 of this chapter and applicable provisions of State law.

• (b) Planning Regulations and Zoning Maps. Make decisions on amendments to these planning regulations and the Zoning Maps pursuant to the provisions of Article 13 of this chapter and applicable provisions of State law.

• (c) Planned Unit Developments. Make decisions on the creation of PUD zones and the approval of preliminary development plans pursuant to the provisions of Article 10 of this chapter.

• (d) Development Agreements. Make decisions on development agreements pursuant to the provisions of Article 11 of this chapter.

• (e) Significant and Residential Structures. Make decisions on applications to demolish significant and residential structures pursuant to the provisions of Article 12 of Chapter 5.

• (f) Multi-Unit Residential Uses. Make decisions on applications for exemptions to unit mix and design requirements for multi-unit residential uses pursuant to the provisions of Section 9-5.2005.

• (g) Flexible Community Benefit. Make decisions on applications for development bonus points for flexible community benefits pursuant to the provisions of item (7) of Table 9-4.204(e).

• (h) Revocation of Permits. Make decisions on revocation of permits pursuant to the provisions of Article 15 of this chapter.

• (i) Appeals. Hear and decide appeals from decisions of the Planning Commission on applications for major design review, major conditional use permits, variances, final

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development plans for planned unit developments, major subdivisions, and any other decisions that can be appealed to the City Council pursuant to the provisions of Article 14 of this chapter.

• (j) Emeryville/Oakland Joint Planning Authority. Participate as members of the Appellate Council of the E/OJPA pursuant to the provisions of Section 9-7.107.

• (k) Environmental Review. Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act.

• (l) Time Extensions and Modifications. Make decisions on requests for time extensions and modifications to permits originally approved by the City Council.

• (m) Design Guidelines. Adopt design guidelines to facilitate the implementation of the design review requirements in Article 4 of this chapter.

• (n) Fees. Establish and periodically update the Master Fee Schedule listing fees, charges, and deposits for various applications and services provided pursuant to these planning regulations.

• (o) Other Duties. Perform other duties as may be stipulated by these planning regulations or established by State law.

(Sec. 10 (part), Ord. 15-009, eff. Dec. 3, 2015; Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

The Planning Commission (the "Commission") is established and organized pursuant to Article 3 of Chapter 3 of Title 2 and the requirements of the California Government Code. The Commission has the following powers and duties under these planning regulations:

• (a) Design Review. Make decisions on major design review applications, including signs, pursuant to the provisions of Article 4 of this chapter.

• (b) Conditional Use Permits. Make decisions on major conditional use permit applications pursuant to the provisions of Article 5 of this chapter.

• (c) Variances. Make decisions on variance applications pursuant to the provisions of Article 7 of this chapter.

• (d) Planned Unit Developments. Make decisions on the approval of final development plans pursuant to the provisions of Article 10 of this chapter.

• (e) Subdivisions. Make decisions on major subdivision applications pursuant to the provisions of Article 2 of Chapter 6.

• (f) Parcel Mergers. Make decisions on parcel mergers if the property owner requests a hearing pursuant to the provisions of Article 5 of Chapter 6.

• (g) Covenants of Easement. Make decisions on the release of covenants of easement pursuant to the provisions of Article 8 of Chapter 6.

• (h) Nuisance Abatement. Make decisions on nuisance abatement pursuant to the provisions of Article 15 of this chapter.

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• (i) Recommendations to City Council. Make recommendations to the City Council on General Plan amendments, amendments to these planning regulations and the Zoning Maps, the creation of PUD zones and approval of preliminary development plans, development agreements, demolition of significant and residential structures, and revocation of permits.

• (j) Appeals. Hear and decide appeals from decisions of the Director of Planning and Building on code interpretation, zoning compliance review, and other ministerial decisions; and applications for minor design review, minor conditional use permits, temporary use permits, exceptions to standards, sidewalk cafe permits, minor subdivisions, parcel map waivers, lot line adjustments, parcel mergers if the property owner does not request a hearing, and any other decisions that can be appealed to the Planning Commission pursuant to the provisions of Article 14 of this chapter.

• (k) Emeryville/Oakland Joint Planning Authority. Participate as members of the Planning Council of the E/OJPA pursuant to the provisions of Section 9-7.107.

• (l) Environmental Review. Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act.

• (m) Time Extensions and Modifications. Make decisions on requests for time extensions and modifications to permits originally approved by the Planning Commission.

• (n) Design Guidelines. Make recommendations to the City Council concerning design

  • guidelines to facilitate the implementation of the design review requirements in Article 4 of this chapter.

• (o) Other Duties. Perform other duties as may be assigned by the City Council or established by State law.

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

The City Manager is appointed by the City Council pursuant to Article 5 of Chapter 7 of Title 2. The City Manager has the following powers and duties under these planning regulations:

• (a) Acceptance of Dedications. Accept, accept subject to improvement, or reject any offer of dedication prior to recordation of a final or parcel map, and certify any acceptance by signing a statement to this effect on the map pursuant to the subdivision regulations in Chapter 6.

• (b) Improvement Agreements. Enter into improvement agreements with subdividers, consider extension requests, and accept completed improvements pursuant to Article 6 of Chapter 6.

• (c) Abandonment of Streets and Easements. Certify abandonment of public streets and public easements on final subdivision maps pursuant to Section 9-6.213(c).

• (d) Covenants of Easement. Accept covenants of easement pursuant to Article 8 of Chapter 6.

• (e) Development Agreements. Enter into development agreements as authorized by the City Council and annually review compliance with such agreements pursuant to Article 11 of this chapter.

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

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The Community Development Director ("Director") is appointed by the City Manager pursuant to Article 5 of Chapter 7 of Title 2. The Director has the following powers and duties under these planning regulations, which he or she may delegate to staff of the Planning Division who are supervised by and report to him or her. The Director may refer any administrative decision to the Planning Commission for consideration. In that case the Commission's decisions may be appealed to the City Council.

• (a) Recommendations to Planning Commission and City Council. Make recommendations to the Planning Commission and City Council on all matters on which they have decisionmaking authority pursuant to Sections 9-7.103 and 9-7.102, respectively. Convey Planning Commission recommendations to the City Council.

• (b) Code Interpretation. Interpret the content and applicability of these planning regulations pursuant to the provisions of Section 9-1.104.

• (c) Consistency with General Plan. Determine the extent of any inconsistency between these planning regulations and the General Plan and issue a decision to resolve the matter pursuant to the provisions of Section 9-1.105.

• (d) Classification of Uses. Classify uses according to the use classifications described in Chapter 2, pursuant to the provisions of Section 9-2.102(b).

• (e) Nonconforming Uses and Structures. Determine whether a use or structure is nonconforming and whether it was legally established, pursuant to the provisions of Section 9-5.1006.

• (f) Performance Standards. Determine compliance of uses with performance standards pursuant to the provisions of Section 9-5.1103.

• (g) Zoning Compliance. Determine whether new or expanded uses or structures, including home occupations and accessory dwelling units, comply with the applicable requirements of these planning regulations pursuant to the provisions of Article 3 of this chapter.

• (h) Minor Design Review. Make decisions on minor design review applications, including signs, pursuant to the provisions of Article 4 of this chapter.

• (i) Minor Conditional Use Permits. Make decisions on minor conditional use permit applications pursuant to the provisions of Article 5 of this chapter.

• (j) Temporary Use Permits. Make decisions on temporary use permit applications pursuant to the provisions of Article 6 of this chapter.

• (k) Exceptions to Standards. Make decisions on exception to standards applications pursuant to the provisions of Article 8 of this chapter.

• (l) Sidewalk Cafes. Make decisions on sidewalk cafe applications pursuant to the provisions of Article 15 of Chapter 5.

• (m) Subdivisions. Make decisions on minor subdivisions, parcel map waivers, lot line adjustments, and parcel mergers if the property owner does not request a hearing, pursuant to the provisions of Chapter 6.

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• (n) Minor Modifications. Make decisions on minor modifications to permits approved by the Planning Commission or City Council, pursuant to the provisions of Section 9-7.214(a).

• (o) Reasonable Accommodation. Make decisions on requests for reasonable accommodation pursuant to Article 9 of this chapter.

• (p) Environmental Review. Determine whether projects require environmental review under the California Environmental Quality Act, and, if so, prepare the required environmental documents for consideration by the appropriate decision-makers.

(q) Other Duties. Perform other duties as may be assigned by the City Manager. (Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

The City Engineer is appointed by the City Manager pursuant to Article 5 of Chapter 7 of Title 2. The City Engineer has the following powers and duties under these planning regulations, which he or she may delegate to staff of the Public Works Department who are supervised by and report to him or her:

• (a) Certificates of Compliance. Prepare, and file for recording with the Alameda County Recorder, certificates of compliance certifying that real property complies with the provisions of the Subdivision Map Act and the City subdivision regulations pursuant to Section 9-6.106.

• (b) Tentative Maps. Review tentative subdivision maps, including vesting tentative maps, and advise the Director as to whether to recommend Planning Commission approval pursuant to Article 2 of Chapter 6. Approve minor changes to approved tentative maps pursuant to Section 9-6.210(a).

• (c) Final Maps. Sign statements on final maps confirming that they are technically correct, consistent with the approved tentative map, and in compliance with the City subdivision regulations and the Subdivision Map Act pursuant to Article 2 of Chapter 6. Prepare, and file for recording with the Alameda County Recorder, certificates of correction to amend recorded final maps to correct errors and omissions, and certify amending maps for modifications approved by the Planning Commission, pursuant to Section 9-6.218.

• (d) Parcel Maps. Review parcel maps and advise the Director as to whether they should be approved, and sign statements on parcel maps confirming that they are technically correct and in compliance with the City subdivision regulations and the Subdivision Map Act pursuant to Article 3 of Chapter 6. Prepare, and file for recording with the Alameda County Recorder, certificates of correction to amend recorded parcel maps to correct errors and omissions, and certify amending maps for modifications approved by the Director, pursuant to Section 9-6.311.

• (e) Parcel Map Waivers. Review requests for parcel map waivers and advise the Director as to whether they should be approved pursuant to Section 9-6.312.

• (f) Lot Line Adjustments. Review applications for lot line adjustments and advise the Director as to whether they should be approved pursuant to Article 4 of Chapter 6.

• (g) Parcel Mergers. Review proposed parcel mergers pursuant to Article 5 of Chapter 6; if

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parcels are to be merged, prepare and file for recording with the Alameda County Recorder a determination of merger/certificate of compliance for the merged parcel; if parcels are not to be merged, prepare and file for recording with the Alameda County Recorder a certificate of compliance for the unmerged parcels.

• (h) Improvements, Dedications, and Reservations. Review all proposed improvements, dedications, and reservations pursuant to Article 6 of Chapter 6.

• (i) Condominium Conversions. Review proposed condominium conversions and advise as to whether any public improvements are necessary pursuant to Article 7 of Chapter 6.

• (j) Planned Unit Developments. Review and advise on public improvements and engineering feasibility studies associated with proposed preliminary and final development plans pursuant to Article 10 of this chapter.

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

• (a) General Provisions.

  • (1) There is hereby established a joint planning authority, to be known as the Emeryville/ Oakland Joint Planning Authority ("the E/OJPA"), which shall have jurisdiction, subject to the provisions of this section, over the Catellus Development Corporation ("CDC") project ("project") on the CDC property ("property"), as both are more specifically described in Ordinance No. 92-07, a copy of which is on file in the office of the Emeryville City Clerk. The E/OJPA planning area lies within the cities of Emeryville and Oakland, and is generally bounded by 40th Street on the north; San Pablo Avenue on the east; West MacArthur Boulevard, Hollis Street, and Mandela Parkway on the south; and Beach Street on the west.

  • (2) The E/OJPA shall consist of a Planning Council and an Appellate Council. The Planning Council shall be comprised of six (6) members of the Emeryville Planning Commission and seven (7) members of the Oakland Planning Commission. The Appellate Council shall be comprised of four (4) members of the Emeryville City Council and three (3) members of the Oakland City Council.

  • (3) The Planning Council shall have jurisdiction to take final action on behalf of the Joint Planning Authority; provided, however, that if any such action is appealed, the Appellate Council shall render the final decision on any such appeal.

  • (4) The Mayor, subject to approval of the City Council, shall designate the members of the Emeryville Planning Commission and the Emeryville City Council who shall serve on the Planning Council and the Appellate Council, respectively. Such members shall continue to serve on the Joint Planning Authority for so long as they continue to hold the position on the Planning Commission or City Council from which they were originally appointed, until their voluntary resignation from the Joint Planning Authority, until replaced by a substitute member appointed by the Mayor or until the Joint Planning Authority shall no longer exist.

• (b) Term of the E/OJPA. The E/OJPA shall exist for an initial term of five (5) years after its establishment, and shall thereafter automatically be renewed for successive five (5) year terms, unless terminated by the unilateral action of the City Council of either Emeryville or

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Oakland within sixty (60) days prior to the end of any term. Notwithstanding the foregoing, the cities may terminate the Joint Planning Authority at any time after the initial term by their mutual agreement.

• (c) Powers of the E/OJPA.

• (1) Except as hereinafter set forth, the City of Emeryville hereby delegates to the E/OJPA the power to exercise all of Emeryville's planning and subdivision power and authority under the Emeryville Municipal Code and California State laws in relation to the E/OJPA planning area, including, but not limited to, findings of General Plan and zoning consistency, granting of rezonings, design review, variances, conditional use permits, subdivision of the property and hearing and ruling upon all other land use and related authorizations necessary for the construction of the project.

  • (2) In compliance with the California Environmental Quality Act, Emeryville has heretofore been deemed the "lead agency" and Oakland has acted as a "responsible agency" pursuant to California Administrative Code Title 14, Section 15051, in the preparation of the draft environmental impact report and certification of the final environmental impact report for the project. Emeryville shall, therefore, continue to function as the lead agency and Oakland shall continue to function as a responsible agency for any subsequent environmental review that may be required for the property.

  • (3) For so long as the Joint Planning Authority shall continue to exist pursuant to subsection (b) of this section, the owner of the property may not divide or subdivide the site or otherwise substantially modify the approvals granted by the Joint Planning Authority, without further approval of the Joint Planning Authority.

• (d) Procedures.

  • (1) Meetings of the E/OJPA shall be convened as necessary for the consideration of those matters which are within the jurisdiction of the E/OJPA.

  • (2) All meetings of the E/OJPA shall comply with the Ralph M. Brown Act and other State laws regulating the conduct of business by city councils in California. Public notice of meetings of the E/OJPA shall comply with the requirements of the Emeryville Municipal Code and shall, in addition, comply with the Oakland Municipal Code with respect to the owners of land within Oakland in the vicinity of the property.

  • (3) The location of meetings of the E/OJPA shall be determined by the Chair of the Planning Council and the Appellate Council, respectively; provided, that reasonable effort shall be made to alternate meetings of each body between locations within Emeryville and Oakland.

  • (4) Minutes of all meetings and appropriate legislation of the E/OJPA shall be public documents pursuant to State law and shall be appropriately maintained in the office of the City Clerk of Emeryville.

  • (5) The E/OJPA shall adopt and implement all regulations which may be necessary for the performance of its obligations under the terms and conditions of this article and the memorandum of understanding between Emeryville and Oakland regarding the E/

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OJPA.

• (e) Appeals.

• (1) Any person or entity aggrieved or affected by a determination or decision by the Planning Council may appeal the determination or decision to the Appellate Council. Such appeal shall be taken by filing a written notice of appeal with the Emeryville City Manager within fifteen (15) days after the determination or decision of the E/ OJPA. The notice of appeal shall set forth the grounds upon which the appeal is based. The notice of appeal shall also be accompanied by a fee in the amount established by applicable resolutions of the City of Emeryville for appeals to the City Council from the Emeryville Planning Commission.

  • (2) The Appellate Council may reverse or affirm, wholly or partly, or may modify the decision or determination appealed from the Planning Council.

  • (3) Decisions of the Appellate Council shall be final and shall be subject to the time limits and procedures provided for in California Code of Civil Procedure Sections 1086 and 1094.6 for such actions to which Sections 1086 and 1094.6, respectively, are applicable.

• (f) Remedies. All legislative and quasi-judicial decisions of the Planning Council and Appellate Council shall be subject to all remedies provided by State law including, but not limited to, referendum and writ of mandamus; provided, however, that any writ of mandamus shall be filed within ninety (90) days of the decision unless State law provides for a shorter limitation period.

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

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