Local zoning · Emeryville

Emeryville — Design Review

Design Review under the Emeryville local zoning and planning code, with the controlling citations.

Last reviewed: July 2, 2026

Overview

This page explains what the Emeryville planning and zoning regulations require for design review (who reviews, what triggers review, the review standards and findings, and how appeals work). It is grounded in the City of Emeryville Planning Regulations (Title 9) and points you to the specific code sections you must check. For related technical matters use the city's guidance on parking, development standards, overlay districts, ADUs, and the state California Building Standards Code where applicable.

Key citations in the code: the Design Review Article sits in Chapter 7, Article 4: § 9-7.401 through § 9-7.408 (purpose, applicability, exemptions, types, procedures, criteria, findings, and appeals) .


What Emeryville's code requires (quick legal summary)

  • Design review is required for exterior changes visible from the public right-of-way or public open space (including modifications, signs, landscaping, fences/retaining walls over 6') unless an exemption applies — § 9-7.402 and § 9-7.403 .
  • There are three review tracks: Objective Design Review, Minor Design Review, and Major Design Review; authority is split among the Director, Planning Commission, and City Council per the decision authority rules — § 9-7.404 and Article 1 of Chapter 7 (Planning Decision Authority) .
  • Applications are processed under the Common Procedures (Article 2 of Chapter 7) and must meet the design criteria and findings (General Plan consistency, Emeryville Design Guidelines, applicable area plans) — § 9-7.405, § 9-7.406, § 9-7.407 .
  • Appeals: Director → Planning Commission → City Council depending on track — § 9-7.408 .

District-by-district breakdown — how Design Review interacts with Emeryville's zones

Below are the city’s zoning districts and overlay zones most relevant to design review. The code lists these base zones and overlay zones in Chapter 3 (Article 1–4) and establishes that use regulations live in Table 9-3.202; consult that table for zone‑by‑zone use allowances. Exact numeric development standards (setbacks, FAR, heights) are in Chapter 4 (Site Development Regulations) — see § 9-4.301 (setbacks) and § 9-4.202 (height/bulk) — verify parcel-specific values with the City because chapter maps and figures determine numeric limits .

Note: the code identifies base zones with abbreviations used throughout the tables (for example RM, RMH, RH, MUR, MURS, MUN, OT, INL/INH, M, PO, SM, PUD, and overlay zones like NH, PA, NR) — see Table 9-3.202 and the zone descriptions in Chapter 3 .

Important: I synthesize code text below (not verbatim code). Where the ordinance text did not give a numeric standard for a district in the retrieved materials, I note that explicitly and direct you where the figure/table lives.

RM (Residential Medium) / RMH (Residential Medium-High) / RH (Residential High)

  • Purpose & typical uses: primarily residential (single-unit, two‑unit, three/four multi-unit and, where allowed, 5+ multi-unit); the use matrix in Table 9-3.202 shows which residential types are permitted, conditionally permitted, or prohibited by zone .
  • Design review notes: residential exterior work that is visible from the public right-of-way requires design review unless exempt per § 9-7.403; multi-unit projects trigger objective design review when applicable — § 9-7.402, § 9-7.304 .
  • Dimensional standards: setbacks and detailed residential dimensional rules are in Chapter 4 (see § 9-4.301 and Article 4 of Chapter 4). Exact lot-specific values (e.g., minimum lot area, required yards) are not listed by numeric value in the excerpts I retrieved; verify numerics with the City’s zoning map / Chapter 4 tables .

MUR / MURS / MUN (Mixed-Use Residential / Mixed-Use Retail / Mixed-Use Neighborhood)

  • Purpose & typical uses: mixed-use districts require combinations of residential and non-residential uses; the code requires a minimum mix for larger sites and conditions for retail/office depending on subzone — see § 9-3.303 and Table 9-3.202. For sites ≥ 5 acres in Mixed Use zones a mix of use groups is required; PUD procedures may apply .
  • Design review notes: multi‑use projects commonly trigger major design review because of their scale (Planning Commission review) and must conform to Emeryville Design Guidelines and any area-specific guidelines (e.g., Park Avenue, North Hollis) — § 9-7.404, § 9-7.406 .
  • Dimensional standards: FAR and height maps in Chapter 4 govern building intensity and height; see Figure/Table references in § 9-4.201–9-4.204. Exact numbers for a particular Mixed-Use parcel require consulting the General Plan Height Map and Chapter 4 tables (not reproduced here) .

OT / OT-DH (Office/Technology and Doyle-Hollis subzone)

  • Purpose & typical uses: primarily office, R&D, limited ground-floor retail intended to serve surrounding area; OT/DH has specific adjustments — see § 9-3.304 .
  • Design review notes: first-floor design standards (e.g., minimum 14' floor to ceiling for office/R&D ground floors) are in Chapter 4 and influence design review outcomes for ground-floor articulation — § 9-4.202 .

INL / INH (Industrial/Light and Industrial/Heavy)

  • Purpose & typical uses: industrial, manufacturing, distribution and related uses; permitted/conditional status is in Table 9-3.202. Design review will examine materials, screening, and circulation for industrial projects under § 9-7.406 (site planning, building materials, parking/access) .

M (Marina), PO (Park/Open Space), SM (Shoreline Management)

  • M Marina: zone exists and has specific use lists in Chapter 3; waterfront and marine-oriented uses will be considered under design review for compatibility (see Table 9-3.202) .
  • PO Park/Open Space: limited commercial/institutional uses allowed only if oriented to park users and limited to no more than 10% of park area (examples: restaurants, small retail) — § 9-3.308; these proposals must meet the Park Avenue District Plan/Design Guidelines as applicable and are subject to design review § 9-7.406 .
  • SM Shoreline Management: generally prohibits structures; any allowable activity must comply with Emeryville Shoreline Protection Ordinance — § 9-3.309; design review for any permitted shoreline access or minor facilities will apply and must take shoreline protection rules into account .

PUD (Planned Unit Development)

  • Purpose: PUDs are governed by their establishing ordinances; uses and development standards for each PUD are those set out in the specific ordinance (see § 9-3.310) .
  • Design review notes: PUDs may have bespoke design review/approval procedures; minor exterior changes and signs in older PUDs may still be processed under the City's minor design review rules — § 9-3.310 and Article 10 of Chapter 7 .

Overlays (selected)

  • NH (North Hollis Overlay): all development proposals in the NH overlay must follow the North Hollis Area Urban Design Program and its Design Guidelines in addition to the Emeryville Design Guidelines (see § 9-3.402) — overlay guidelines are specifically called out as required criteria under design review § 9-7.406 .
  • PA (Park Avenue District Overlay): development proposals must comply with the Park Avenue District Plan and its design guidelines as required by § 9-3.403 and § 9-7.406 .
  • NR (Neighborhood Retail overlay): regulates ground-floor uses along specific street segments and requires pedestrian orientation and size limits; these rules affect the design review criteria for storefronts and signage — § 9-3.404 .

Most decision‑relevant design review code excerpts (table)

What the review controls Short description Code reference
Applicability (what triggers review) Exterior changes visible from the public right-of-way or public open space (includes signs, landscaping >500 sq ft, fences/retaining walls >6 ft, demo/grading not associated with approved project) § 9-7.402
Exemptions (common) Replacement in kind; work with negligible visual effect; structures not visible from ROW/public open space; ADUs reviewed via zoning compliance; solar panels; exempt signs § 9-7.403
Types of review / decision authority Objective, Minor (Director), Major (Planning Commission), some Council reviews (e.g., demolition of significant structures) § 9-7.404
Criteria & standards used General Plan urban design policies, Emeryville Design Guidelines, area-specific guidelines (North Hollis, Park Ave, South Bayfront, Shellmound) § 9-7.406
Findings to approve Consistency with General Plan; conformance to Emeryville Design Guidelines/area guidelines; compatibility and high design quality (minor/major); conformance with objective standards § 9-7.407
Appeals Director decisions (minor) → Planning Commission; Planning Commission (major) → City Council § 9-7.408

Practical guidance and interpretation (plain-English, for applicants and reviewers)

  • If your work is visible from the sidewalk or a city park, plan for design review unless it clearly matches one of the exemptions in § 9-7.403 (e.g., in‑kind replacement, small landscaping under 500 sq ft, ADUs are handled differently) .
  • Small residential projects (single‑unit or two‑unit new construction/alteration, small additions under 5,000 sq ft of new floor area) typically go through minor design review with the Director; larger or more visually significant projects will be major and require Planning Commission hearings — § 9-7.404(b) .
  • Multi‑unit residential projects are often subject to objective design review as part of zoning compliance; the Director will check conformance with objective standards in § 9-7.1604 (and the specific objective standards referenced there) — § 9-7.304 and § 9-7.404(a) .
  • Always bundle design materials that respond to the code’s review topics (sidewalks/landscaping, parking & access, site planning, building massing and form, materials, open space, and signage) because these are the exact items listed in § 9-7.406 .
  • Overlay zones and area plans (for example NH North Hollis or the PA Park Avenue District) add mandatory design guidance; those guidelines are explicitly incorporated into review standards under § 9-7.406 and the overlay provisions (e.g., § 9-3.402, § 9-3.403) .

Checklist — what to prepare before filing for Design Review

  • Completed application form per Article 2 (Common Procedures) and application fee (Master Fee Schedule) — see Article 2/Chapter 7 procedures (zoning compliance and planning permits) .
  • Scaled site plan and elevations showing existing and proposed conditions (including landscaping, retaining walls, fences >6' and all signs) — these items are explicitly required or evaluated in § 9-7.402, § 9-7.406 and sign articles (Chapter 5 Article 16) .
  • Materials and color board, building sections, site circulation for pedestrians/bikes/vehicles, trash/discard plans (trash/recycling requirements are in § 9-4.704) — see § 9-7.406 and Chapter 4 site design references .
  • Statement of conformance with Emeryville Design Guidelines and any applicable area/overlay guidelines (North Hollis, Park Avenue, Shellmound, South Bayfront) — required by § 9-7.406 and findings in § 9-7.407 .
  • For multi-unit projects: evidence of compliance with objective standards in § 9-7.1604 (and multi‑unit design/amenities if applicable) — see § 9-7.304 and § 9-7.1604 .
  • If proposing access to City parks/greenways or work affecting City property, include the extra materials and indemnity statement required under Article 13 of Chapter 5 (§ 9-5.1310–1312) .
  • If your proposal includes signage, prepare sign drawings consistent with the Master Sign Program requirements or the sign article (Chapter 5, Article 16) — see § 9-5.1612–1614 .

Risks & Ambiguities

Issue Why it matters What to verify
Objective vs. discretionary review Objective review is ministerial and must follow objective standards; discretionary review allows design judgement and conditions Confirm whether your multi‑unit project qualifies for Objective Design Review under § 9-7.404(a) and the standards listed in § 9-7.1604
Overlay-specific design rules Overlays (NH, PA, NR, etc.) add mandatory design guidelines that can change approval findings Check overlay provisions: § 9-3.402 (NH), § 9-3.403 (PA), § 9-3.404 (NR) and apply their area guidelines under § 9-7.406
PUDs and past approvals PUDs and older ordinances may carry site-specific rules that supersede base-zone standards For PUD parcels, consult the establishing ordinance listed in § 9-3.310 and verify design review procedures for that PUD
Numeric standards not in excerpts (heights, FAR, setbacks) Code cross-references figures/tables in Chapter 4 and the General Plan height map — numbers are map-dependent For parcel‑specific heights/FAR/setbacks, consult Chapter 4 (e.g., § 9-4.202 and § 9-4.301) and the General Plan Height Map. If uncertain: Verify with the jurisdiction
ADU handling ADUs are exempt from formal design review but their design is checked during zoning compliance review See § 9-7.403(f) and § 9-5.1411 — ADU design is reviewed in zoning compliance, not via a separate design review permit

Plain‑English summary

If your project changes how a building, sign, fence, or landscaping looks from the street or a public space in Emeryville, expect design review: small residential changes typically go to the Director (minor review), larger/more visible projects go to the Planning Commission (major review), and some multi‑unit projects are checked against objective standards as part of zoning compliance; findings must show the design fits the General Plan and applicable Emeryville/area design guidelines — see § 9-7.402–9-7.407 .


Source References

  • City of Emeryville Planning Regulations (Title 9), Article 4, Design Review: § 9-7.401 – § 9-7.408 (Purpose, Applicability, Exemptions, Types, Procedures, Criteria, Findings, Appeals) . Downloaded from https://ecode360.com/EM4426 (Emeryville Code) .
  • Objective design review, zoning compliance references: § 9-7.303 – § 9-7.305; § 9-7.304 (Objective Design Review) .
  • Design criteria and design guideline incorporation: § 9-7.406 (lists Emeryville/area design guidelines) and § 9-7.407 (findings) .
  • Uses and zones: Table 9-3.202 and Article 2, Chapter 3 (Uses Permitted, Conditionally Permitted and Prohibited) — see § 9-3.201–9-3.202 for how to read the table .
  • Overlay zone rules (North Hollis, Park Avenue, Neighborhood Retail): § 9-3.402, § 9-3.403, § 9-3.404 .
  • Chapter 4 site development references (heights, setbacks, sidewalk standards): § 9-4.202 (height), § 9-4.301 (setbacks), § 9-4.708 (sidewalk zones) — consult Chapter 4 figures/tables for numeric values .
  • Access from City parks/greenways (special findings and materials): § 9-5.1310–1312 .
  • Signage and sign design principles (how signs are reviewed under design review): Chapter 5 Article 16 (e.g., § 9-5.1607, § 9-5.1611 – 1614) .

Sources

Retrieved passages

  • Emeryville Zoning Code (Section 9-7.403) High relevance
  • Emeryville Zoning Code (section and) High relevance
  • Emeryville Zoning Code (Section 9-7.404) High relevance
  • Emeryville Zoning Code (Section 9-5.1605.) High relevance
  • Emeryville Zoning Code (Section 9-7.1604.) High relevance
  • Emeryville Zoning Code (Article 2) High relevance
  • Emeryville Zoning Code (Article 16) High relevance
  • Emeryville Zoning Code (Article 5) High relevance
  • Emeryville Zoning Code (Article 3) Medium relevance
  • Emeryville Zoning Code (Section 9-5.1404) Medium relevance
  • Emeryville Zoning Code (Section 6409) Medium relevance
  • Emeryville Zoning Code (Article 14) Medium relevance
  • Emeryville Zoning Code (Title 6) Medium relevance
  • Emeryville Zoning Code (Section 9-7.406) Medium relevance
  • Emeryville Zoning Code Medium relevance
  • Emeryville Zoning Code (Section 9-5.1504) Medium relevance
  • Emeryville Zoning Code (Section 9-5.1609) Medium relevance
  • Emeryville Zoning Code (Section 9-5.415) Medium relevance
  • Emeryville Zoning Code (Article 2) Medium relevance
  • Emeryville Zoning Code (Article 15) Medium relevance
  • Emeryville Zoning Code (Section 9-4.204) Medium relevance
  • Emeryville Zoning Code (Article 10) Medium relevance

Cited sections

Frequently asked questions

Do I need design review in Emeryville for a new fence?

If the fence is visible from the public right‑of‑way or a public open space and is over six feet tall, it is subject to design review unless it qualifies as replacement‑in‑kind or another exemption in § 9-7.403; minor fences and small landscaping may still be exempt — see § 9-7.402 and § 9-7.403 .

What kinds of projects are eligible for Objective Design Review?

Objective Design Review is used by the Director in conjunction with zoning compliance for certain multi‑unit residential projects (three‑ and four‑unit, and five or more units where applicable) and the Director checks conformance with objective standards listed in § 9-7.1604 and § 9-7.404(a); if the project fails objective criteria the applicant is advised how to comply or will not be approved under that track .

Who decides Major Design Review applications in Emeryville?

Major design review applications are decided by the Planning Commission; design review combined with major permits or demolition of a significant/residential structure can escalate to City Council per § 9-7.404(c) and the Planning Decision Authority articles .

Are accessory dwelling units (ADUs) subject to Design Review?

Accessory dwelling units are exempt from a separate formal design review permit but the ADU design is evaluated as part of zoning compliance review under § 9-5.1411 and the design exemption rule § 9-7.403(f) — check the ADU-specific rules and the objective design provisions when designing an ADU .

What findings must be made to approve design review?

To approve design review the City must find consistency with the General Plan, conformance to the Emeryville Design Guidelines/area guidelines (or demonstrate intent is met), compatibility and high design quality for minor/major cases, and conformance with objective standards where applicable — see § 9-7.407 .

How do overlays (like North Hollis or Park Avenue) affect my design review?

Overlay zones add mandatory area-specific design guidelines; the code requires application of those area plans as part of design review (§ 9-3.402 for NH, § 9-3.403 for PA), and § 9-7.406 directs reviewers to apply Emeryville and area-specific design guidelines when evaluating proposals .

Can sign changes be handled through minor design review?

Yes — many individual establishment signs (wall, projecting, awning, small monuments) are eligible for minor design review by the Director under Chapter 5 sign rules; larger sign types (roof signs, marquees, high‑rise ID signs) are typically major design review items handled by the Planning Commission — see the sign article and § 9-5.1612–1614 and § 9-7.404 .

If my project meets the Emeryville Design Guidelines except for one item, can I still get approved?

For minor and major reviews, strict compliance is expected but the applicant may demonstrate that the intent of the guidelines is met; the Planning authority will weigh that demonstration in making the findings under § 9-7.407(b) — be prepared to show equivalence in design intent and performance .

Where are the numeric height and setback limits located?

Numeric height and setback limits are in Chapter 4 (Site Development Regulations) and the General Plan Height Map (referenced in § 9-4.202 and § 9-4.301); because the code uses maps/figures to assign numeric limits, verify the specific parcel’s limits with Chapter 4 tables and the zoning map rather than relying on general text here .

Can I appeal a Director decision on minor design review?

Yes. The Director’s decision on a minor design review may be appealed to the Planning Commission; the Planning Commission’s decision on major design review may be appealed to the City Council, per § 9-7.408 and Article 14 appeal procedures .

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