Emeryville Zoning, Planning & Building Codes

Last reviewed: July 3, 2026

Overview

Emeryville’s land-use rules are codified in Title 9 (Planning and Zoning) and implement the General Plan through a set of base zones, overlay zones, site-development rules, and administrative procedures. The code separates objective, ministerial reviews from discretionary permits and places many of the citywide technical standards (FAR, height, setbacks, parking, open space) in Chapter 4 so they can be applied across zones. This head page explains how to read the code, the actual district families used in Emeryville, where major standards live, the common permit pathways, and how local rules interact with state housing laws for ADUs and density bonuses. For the city’s online menu of topics see the Emeryville Zoning and Emeryville Land Use pages.

How Emeryville's code is organized

• The zoning and planning rules used by the City are collected in Title 9 (the planning regulations) and are administered under the procedural articles in Chapter 7; Chapter 8 contains definitions used throughout the Title (§ 9-7.101 and § 9-7.1604) .
• The code is arranged by topic: Chapter 3 establishes zoning districts and use tables; Chapter 4 contains site-development and citywide technical standards (building intensity / FAR, height, setbacks, parking, landscaping); Chapter 5 holds cross-cutting use and performance rules (including ADUs and density-bonus/density provisions); Chapter 7 contains administration, decision authority, procedures, and permit types (§ 9-3.102; § 9-4.201–9-4.303; § 9-5.1410–9-5.1412; § 9-7.101) .
• Objective standards and the distinction between ministerial and discretionary review are explicitly collected in Article 16 so applicants can determine whether an application is processed under zoning compliance (objective) or discretionary procedures (§ 9-7.1601–9-7.1604) .
• Definitions that control interpretations (for example FAR, lot area, “planning permit”) are in Chapter 8 (Definitions) and are referenced by objective-standard lists (§ 9-8.216; § 9-7.1604) .

(For procedural orientation and staff decision authority see the Emeryville Land Use menu and the Design Review page.)

Zoning district families

Emeryville uses named base zones (residential, mixed-use, office/technology, industrial, public/marina/parks, PUD) and a set of overlays. The code lists and describes these base and overlay zones in the zoning-district article:

• Base zones (bold as used in the code): RM (Medium Density Residential), RMH (Medium‑High Density Residential), RH (High Density Residential), MUR (Mixed Use with Residential), MURS (Mixed Use with Residential South), MUN (Mixed Use with Nonresidential), OT (Office/Technology), OT/DH (Office/Technology Doyle‑Hollis North), INL (Light Industrial), INH (Heavy Industrial), P (Public), M (Marina), PO (Park/Open Space), SM (Shoreline Management), PUD (Planned Unit Development), and UT (Utilities/Transportation) (§ 9-3.102) .
• Overlay zones include NH (North Hollis Overlay), PA (Park Avenue District Overlay), NR (Neighborhood Retail), RR (Regional Retail), TH (Transit Hub), and PP (Pedestrian Priority) and are applied in addition to base zoning to implement area plans and design programs (§ 9-3.102(b)) .
• Planned Unit Developments (PUD) are handled as separate PUD ordinances (examples listed in the code include Pixar, Novartis/Chiron, Bay Street, Marketplace, Sherwin‑Williams) and PUDs can have their own tailored standards (§ 9-3.310) .
• Uses allowed, conditionally allowed and prohibited by zone are shown in the uses article and the base-zone tables; consult Article 2 of Chapter 3 for the use lists (§ 9-3.201–9-3.202) .

Citywide development standards (high level)

The Emeryville code centralizes technical development rules so they apply across zones; the key cross-references are in Chapter 4 (Site Development Regulations) and the objective-standards inventory.

• Building intensity / FAR: Maximum FAR districts are shown on the General Plan FAR map and implemented through § 9-4.201; the code spells out base and bonus FAR bands (for example 0.5/1.0, 1.5/3.0, 3.0/6.0) and explains how to calculate FAR (§ 9-4.201) .
• Height and bulk: Height districts come from the General Plan Height Map and the code sets maximum and bonus heights in § 9-4.202 (bonus heights are handled through Section § 9-4.204) .
• Setbacks, courts and open space: Minimum setbacks and rules for courts and required open space are in § 9-4.301, § 9-4.302, and § 9-4.303; ADU setbacks call back to these standards with limited exceptions (§ 9-4.301; § 9-5.1410) .
• Parking and loading: the city’s parking standards and alternative compliance options live in Article 4 of Chapter 4 (see § 9-4.401 through § 9-4.409); the code also allows shared parking and alternative parking plans (§ 9-4.401–9-4.409) . (See the Emeryville Parking page for practical checklists.)
• Landscaping, screening and sustainability: standards and district-based landscape tables are in Article 5 of Chapter 4 (e.g., § 9-4.501 et seq.) and water‑efficient landscaping and stormwater requirements are cross‑referenced in the objective standards list (§ 9-4.501; § 9-4.602; § 9-7.1604) .
• Bonuses & density: Emeryville uses a development‑bonus point system for FAR, height and residential density (procedures and point calculations are in § 9-4.204); the city also maintains a separate Density Bonus article that implements state density‑bonus principles and tables for percent bonus under § 9-5.505 (§ 9-4.204; § 9-5.504–9-5.505) .
• Nonconforming uses and expansions: rules governing expansion, restoration or conversion of nonconforming uses/structures are in Article 10 of Chapter 5 (e.g., § 9-5.1010–9-5.1012) .

(When reading standards, always check the applicable zoning map for your parcel because many dimensional limits are mapped rather than printed in a single table — see § 9-4.201 and § 9-4.202 for the referenced maps.)

Specific plans & overlays

• The code attaches area plans and design programs to overlays: the North Hollis Overlay (NH) implements the North Hollis Area Urban Design Program; the Park Avenue (PA) Overlay is tied to the Park Avenue District Plan and design guidelines; other overlays include NR, RR, TH, and PP to carry neighborhood, retail, transit‑hub and pedestrian‑priority policies (§ 9-3.102(b)) .
• PUD sites have their own implementing ordinances and can supersede some overlay rules where the PUD was adopted earlier; the code lists existing PUDs (Pixar, Bay Street, Promenade/Marketplace, Sherwin‑Williams, etc.) and explains PUD procedures in Chapter 7, Article 10 (§ 9-3.310; § 9-7.1008) .
• If your site falls in an overlay or a PUD, that overlay/PUD language controls — look for the overlay callouts on the Zoning Overlay Map and the specific PUD ordinance referenced in § 9-3.310 (§ 9-3.104; § 9-3.310) .

(For places with special historic resources consult the Emeryville Historic Preservation pages and the Shoreline Management (SM) overlay language in the code.)

Building permits & review — how projects typically get approved

• Ministerial versus discretionary: The code separates purely objective, ministerial approvals (no discretion) from discretionary permits; ministerial projects are processed under zoning compliance review (Article 3 procedures) and are evaluated only against objective standards listed in § 9-7.1604; projects that cannot meet objective standards convert to discretionary review (§ 9-7.1602–9-7.1603) .
• Design review: Emeryville has three design‑review tracks — objective design review, minor design review, and major design review. Objective design review (Director) covers multi‑unit residential projects and is decided against the objective standards inventory; minor and major review are administered by the Director or Planning Commission, respectively, with appeal routes (§ 9-7.304; § 9-7.404; § 9-7.408) . Link to the Emeryville Design Review page for step‑by‑step forms and submittal checklists.
• Conditional use permits, variances and exceptions: deviations from mapped FAR/height/setbacks, and uses that require special findings, are handled through conditional use permits or variances in Chapter 7 (Article 5 and Article 7); see specific listings for what triggers a CUP in § 9-7.502 (§ 9-7.502; § 9-4.204) .
• Timing, appeals and building‑permit linkage: A discretionary decision is effective after the appeal period (common 15‑day rule) and the code explicitly prevents issuance of a building permit until the appeal period closes; planning permits typically expire if a building permit is not filed within one year (extensions allowed) (§ 9-7.212; § 9-7.213) .
• Environmental review: CEQA compliance (City adopts State CEQA Guidelines) is required before discretionary approvals (§ 9-7.207) .

Practical path: determine whether your proposal is ministerial (objective standards only, zoning compliance review) or discretionary (requires CUP, design review, or variance). If ministerial, prepare engineered plans and the zoning compliance packet; if discretionary, budget for public notice, hearings, CEQA and a longer timeline (§ 9-7.1602–9-7.1603; § 9-7.208) .

State housing law in Emeryville (ADUs, density bonus, SB 9 / lot splits)

• ADUs / JADUs: Emeryville codified accessory dwelling rules in Article 14 of Chapter 5. Key local rules: ADU setbacks default to the principal structure setbacks but the minimum rear setback is 4 ft; ADU height limits step down from the rear (maximums depend on attached/detached type and are specified in § 9-5.1410); the ADU design is reviewed as part of zoning compliance (no separate formal design‑review approval) and short‑term rental of ADUs/JADUs is prohibited (§ 9-5.1410–9-5.1412) . See the Emeryville ADUs page and the California ADU law page for state preemption issues.
• Density bonus & incentives: Emeryville maintains a local Density Bonus article that implements California Government Code § 65915 principles: the local density-bonus procedures, bonus amounts, and incentives/concessions are set out in § 9-5.504–9-5.506 and tables in § 9-5.505 (maximum local bonus examples and incentive rules are included) . The city also operates a separate local development‑bonus points program for FAR/height/density in § 9-4.204 that awards bonus points for community benefits (§ 9-4.204) .
• SB 9 / ministerial two‑unit/lot‑split laws: The Emeryville code contains a recent reorganization distinguishing ministerial and discretionary approvals and a robust objective‑standards list (Articles 16 and the objective‑design sections), but the code text returned for this search does not explicitly cite SB 9 (Gov. Code § 66411.7) or a dedicated ministerial SB 9 chapter. That means you need to verify whether the City adopted a separate SB 9 implementation procedure or ministerial lot‑split checklist outside the Title 9 excerpts retrieved here; ministerial processing rules and the definition of “planning permit” are in § 9-7.1601–9-7.1604 (§ 9-7.1602 explains ministerial approvals) — check with Planning staff to confirm the local SB 9 procedure and any objective standards that apply to lot splits (§ 9-7.1601–9-7.1604) .
• Interaction with Title 24 / building code: building‑permit technical compliance (structural, fire, accessibility) is enforced at permit issuance under the California Building Standards Code (Title 24); the Emeryville ADU article and other provisions explicitly reference compliance with building and fire codes (§ 9-5.1412) . See the California Building Standards Code page for those technical rules.

Practical orientation & red flags

• Always check the Zoning Map and any overlay/PUD ordinances that apply to your parcel before measuring setbacks or claiming a use right (§ 9-3.103–9-3.104; § 9-3.310) .
• If your proposal seeks FAR/height/density above the base level, you are looking at bonus systems that require community benefits, affordable‑housing commitments or density‑bonus findings (§ 9-4.204; § 9-5.505) .
• ADUs are largely permitted but must meet the local ADU rules (setbacks, height, separation, open space) and cannot be offered as short‑term rentals (§ 9-5.1410–9-5.1412) .
• Projects that are discretionary face CEQA review, public notice and possible appeals; ministerial projects can be approved administratively if they meet the objective rules in § 9-7.1604 (§ 9-7.207; § 9-7.1604) .

Information Gaps / Where to confirm with the City

• The excerpts retrieved do not show a dedicated local ordinance explicitly titled for SB 9 lot splits or a published ministerial SB 9 checklist. Verify with Emeryville Planning whether SB 9 ministerial procedures have been locally implemented (ask planning staff to point to the controlling ordinance or ministerial packet) (§ 9-7.1602 for ministerial rules) .
• For current fee amounts, typical processing timelines, and the master application checklist contact Planning & Building — the code authorizes a Master Fee Schedule but the amounts are not printed in Title 9 (§ 9-7.102(n) / § 9-7.101 references to fees) .

Source References

• Emeryville Planning Regulations (Title 9, eCode360): General organization, decision authority and design review procedures — see § 9-7.101, § 9-7.1601–9-7.1604, § 9-7.404, § 9-7.402 .
• Zoning Districts & Overlays: Base and overlay zone lists (RM, RMH, RH, MUR, MUN, OT, INL/INH, PUD; NH, PA, NR, RR, TH, PP) — § 9-3.102 .
• Site development rules: FAR and intensity § 9-4.201; Height § 9-4.202; Setbacks § 9-4.301; Open space § 9-4.303; Parking/Loading § 9-4.401–9-4.409 .
• ADUs: Accessory Dwelling Unit rules, setbacks, height, design and prohibitions on short‑term rental — § 9-5.1410–9-5.1412 .
• Bonuses & Density Bonus: Development bonus points (community benefits) § 9-4.204; local Density Bonus and tables § 9-5.504–9-5.506 and § 9-5.505 .
• Ministerial vs discretionary, objective standards inventory: § 9-7.1601–9-7.1604 .
• Zoning Map interpretation and rules for lots split by zones: § 9-3.104 .
• Source access: these provisions are available in the City of Emeryville Planning Regulations (Title 9) as published on the City’s eCode site (downloaded from https://ecode360.com/EM4426) .