Article 16 — Ministerial And Discretionary Approvals

The purpose of this article is to differentiate between ministerial and discretionary planning approvals, and to stipulate the regulations that apply to each. (Sec. 3 (Exh. A), Ord. 23-005, eff. Jan. 18, 2024)

• (a) Applicability. Ministerial approvals are those that require no discretion on the part of the City. A project that does not require a planning permit under these planning regulations, as defined in Section 9-8.216(y), shall be deemed to be ministerial for purposes of these planning regulations.

• (b) Procedure. Ministerial approvals shall be processed pursuant to the zoning compliance review procedures in Article 3 of this chapter.

• (c) Standards. Ministerial approvals shall be subject only to the applicable objective development standards, which include but may not be limited to those standards listed in Section 9-7.1604(a).

• (d) Conversion to Discretionary Approval. During the course of project review, an applicant may request that a ministerial application be converted into a discretionary approval if all of the standards specified in subsection (c) of this section for a ministerial approval cannot be met. The project shall then be processed pursuant to Section 9-7.1603.

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

• (a) Applicability. Discretionary approvals are those that require discretion on the part of the City. A project that requires a planning permit under these planning regulations, as defined in Section 9-8.216(y), shall be deemed to be discretionary for purposes of these planning regulations.

• (b) Procedure. Discretionary approvals shall be processed pursuant to the applicable procedures in this chapter.

• (c) Standards. Discretionary approvals shall be subject to the applicable objective development standards listed in Section 9-7.1604(a) and to all other applicable standards, regulations and guidelines of these planning regulations and the Emeryville Design Guidelines, and any other applicable criteria.

• (d) Deviations. Discretionary approvals may deviate from the standards and regulations of these planning regulations by following the applicable procedures, including, but not limited to, conditional use permits, design review permits, exceptions to standards, and variances.

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

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City of Emeryville, CA 9-7.1604

EMERYVILLE CODE

9-7.1604

The following represents a cross-referenced list of objective standards that apply to all projects, as relevant. This list is provided for convenience, is not intended to be regulatory, and may not be comprehensive, complete, or up-to-date.

• (a) General.

  • (1) Rules for Construction of Language, Section 9-1.202.

  • (2) Rules for Rounding Numbers, Section 9-1.203.

  • (3) Definitions, Chapter 8 of Title 9.

  • (4) Three and Four Multi-Unit, and Five or More Multi-Unit Residential Design and Amenities, Section 9-5.2009.

  • (5) Contribution for Art in Public Places Program, Article 4 of Chapter 3 of Title 2.

• (b) Uses.

  • (1) Use Classification, Chapter 2 of Title 9.

  • (2) Zoning Districts, Chapter 3 of Title 9.

  • (3) Multi-Unit Residential Developments, Article 20 of Chapter 5.

  • (4) Accessory Dwelling Units, Article 14 of Chapter 5.

  • (5) Miscellaneous Use Regulations (including residential), Article 2 of Chapter 5.

  • (6) Nonconforming Uses and Structures, Article 10 of Chapter 5.

  • (7) Affordable Housing Program, Article 4 of Chapter 5.

• (c) Sidewalks and Public Realm.

  • (1) Public Improvements, Section 9-4.708.

  • (2) Sidewalk Dimension, Section 9-4.708(a).

  • (3) Urban Forestry Ordinance, Chapter 10 of Title 7.

  • (4) Tree Planting Guide.

  • (5) Standard Street Furniture Catalog.

• (d) Site Design.

  • (1) Minimum Lot Area and Width, Section 9-4.701.

  • (2) Performance Standards, Article 11 of Chapter 5.

  • (3) Setbacks, Section 9-4.301.

  • (4) Courts, Section 9-4.302.

  • (5) Fences and Walls, Section 9-4.505.

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City of Emeryville, CA

PLANNING REGULATIONS

9-7.1604

9-7.1604

• (e) Bicycle and Pedestrian Access.

  • (1) Pedestrian Access, Section 9-4.703.

  • (2) Bicycle Parking, Section 9-4.408.

  • (3) Bicycle Parking General Guidelines, Emeryville BPMP Appendices B-34.

  • (4) Private Property Access from City Parks, Greenways, and Other City Property, Article 13 of Chapter 4.

• (f) Vehicular Parking and Access.

  • (1) Design Guidelines 2B: Parking and Access.

  • (2) Parking and Loading, Article 4 of Chapter 4.

  • (3) Design Standards for Parking Lots and Structures, Section 9-4.406.

  • (4) Loading, Section 9-4.409.

• (g) Utilities/Back of House.

  • (1) Screening of Mechanical and Electrical Equipment, Section 9.4-507.

  • (2) Discards Areas, Section 9-4.704.

  • (3) Utility Undergrounding, Section 9-4.508.

• (h) Open Space.

  • (1) Open Space, Section 9-4.303.

• (i) Lighting, Landscaping and Stormwater.

  • (1) Landscaping and Screening, Article 5 of Chapter 4.

  • (2) Water Efficient and Bay Friendly Landscaping, Section 9-4.602.

  • (3) Outdoor Lighting and Illumination, Section 9-4.705.

  • (4) Light and Glare, Section 9-5.1107.

  • (5) Requirements for New Development, Article 3 of Chapter 13 of Title 6.

• (j) Building Design.

  • (1) Building Massing.

    • a. Building Intensity (Floor Area Ratio), Section 9-4.201.

• b. Residential Density, Section 9-4.203.

  • (2) Building Form.

    • a. Height and Bulk, Section 9-4.202.

    • b. Courts, Section 9-4.302.

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City of Emeryville, CA 9-7.1604

EMERYVILLE CODE

9-7.1605

• (k) Facade Articulation.

  • (1) Residential Windows, Section 9-4.706.

  • (2) Signs, Article 16 of Chapter 5.

  • (3) Sidewalk Cafes, Article 15 of Chapter 9.

  • (4) Bird-Safe Buildings, Article 8 of Chapter 4.

• (l) Unit Design.

  • (1) Unit Mix, Section 9-5.2003.

  • (2) Residential and Family Friendly Design, Section 9-5.2004.

  • (3) Minimum Dwelling Unit Area, Section 9-4.702.

• (m) Sustainability.

  • (1) Sustainability, Section 9-4.707.

  • (2) Transportation Demand Management, Section 9-5.2008.

  • (3) Energy Code, Chapter 10 of Title 8.

• (Sec. 3 (Exh. A), Ord. 23-005, eff. Jan. 18, 2024; Ord. 26-001, 2/3/2026)

• (a) "Objective development standard" means a development standard of these planning regulations that involves no personal or subjective judgment by the City and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the applicant and the City prior to submittal (California Government Code Section 66300(a)(7)).

• (b) "Objective design standard" means a design standard of these planning regulations that involves no personal or subjective judgment by the City and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the applicant and the City prior to submittal (California Government Code Section 66300(a)(7)).

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

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City of Emeryville, CA