Local zoning · Emeryville
Emeryville — Overlay Districts
Overlay Districts under the Emeryville local zoning and planning code, with the controlling citations.
Last reviewed: July 2, 2026
Overview
Overlay zones in Emeryville layer additional, area‑specific rules on top of the base zoning map: they "supplement or, if so indicated, supersede the use and development regulations of the base zones" and establish findings or design requirements unique to particular places such as North Hollis and Park Avenue. See the City zoning map to confirm whether an overlay applies to a parcel before relying on base‑zone rules.
This page is focused strictly on what the Emeryville planning/zoning ordinance says about overlay zones (the overlay Article and the individual overlay zone regs), with plain‑English guidance for applicants and homeowners. For related topics referenced by the code (setbacks, parking, design review, ADUs, and state building rules) see the linked resources below as noted in the text.
Emeryville planning links used in this page:
- For the citywide context see Emeryville Zoning & Planning overview and the specific Emeryville Zoning map. (/us/california/emeryville) (/us/california/emeryville/zoning)
How the overlay rules work (short legal frame)
- The ordinance places overlay provisions in Article 4 of Chapter 3; the Article's purpose states overlays add or (when stated) override base zone rules. § 9-3.401.
- The geographic boundaries of overlays are shown on the Zoning Overlay Map (Figure 9‑3.103(b)); verify applicability via § 9-3.103.
Emphasis: always check the overlay map for your parcel and read the specific overlay code language listed below; verify with the City for parcel‑specific interpretations.
District-by-district breakdown
Below are the overlay zones created in Article 4 (the ordinance text names the overlays and the controlling subsections). Each subsection below states the ordinance citation and then an interpreted, plain‑English summary of the ordinance requirements.
NH — North Hollis Overlay Zone
- Code: § 9-3.402.
- Purpose (ordinance): Apply the North Hollis Area Urban Design Program, including its design guidelines (Resolution No. 02‑52), to all properties and public rights‑of‑way in the overlay.
- Typical permitted uses: Uses are governed by the base zone for each property; the overlay does not list unique use tables but requires projects conform to the Area Urban Design Program and the Emeryville Design Guidelines.
- Key dimensional / development controls: The overlay refers applicants to the North Hollis Area Urban Design Program and the Emeryville Design Guidelines (standards such as frontage, public‑realm design, and pedestrian connections are implemented there). Applicants should therefore expect overlay‑specific design standards to be applied during review.
- Where it applies: See the Zoning Overlay Map (Figure 9‑3.103(b)) to locate NH parcels; overlay boundaries are map‑based — parcel‑specific verification is required.
Relevant procedural note: NH projects are subject to the same design review and findings process identified elsewhere in Title 9 (see design review links below).
PA — Park Avenue District Overlay Zone
- Code: § 9-3.403.
- Purpose: Implement the Park Avenue District Plan (goals, policies, street standards, development and design guidelines — Resolution No. 06‑157) for properties and rights‑of‑way inside the overlay.
- Typical permitted uses: Base‑zone uses apply, but the overlay expects the Park Avenue District Plan's design and street standards to be followed.
- Key dimensional / development controls: The Park Avenue District Plan contains the detailed street and frontage standards that the code makes mandatory for projects in the overlay (see the Park Avenue Plan / design guidelines). Expect specific frontage, sidewalk, and streetscape rules to be enforced.
- Where it applies: Shown on the Overlay Map (Figure 9‑3.103(b)). Verify with the map and the Planning Division.
NR — Neighborhood Retail Overlay Zone
- Code: § 9-3.404.
- Purpose: Encourage pedestrian‑oriented neighborhood retail and neighborhood centers. Projects must conform to neighborhood retail design guidelines.
- Typical permitted uses (high‑level summary from the ordinance): The overlay focuses on local‑serving retail and includes special rules for conditional uses; the ordinance text specifies that Offices, General are not allowed on the ground floor, and local‑serving small uses (≤ 5,000 sq ft) have an off‑street parking exemption for certain loading/parking requirements.
- Key dimensional / development controls: Design guidelines apply to achieve pedestrian orientation (entrances facing sidewalk, pedestrian amenities); conditional use findings require pedestrian orientation and neighborhood center enhancement.
- Where it applies: Shown on the Overlay Map (Figure 9‑3.103(b)); see § 9-3.103.
Practical note: If you plan ground‑floor office in an NR area, the ordinance expressly prohibits general offices at ground level — plan retail or pedestrian uses at street frontage instead.
RR — Regional Retail Overlay Zone
- Code: § 9-3.405.
- Purpose: Support regional retail destinations and set rules that differ from neighborhood retail where appropriate.
- Typical permitted uses: The ordinance allows Retail, Large Stores to occupy 100% of building area when they are regional‑serving; other commercial uses are governed by base‑zone tables but the RR overlay contains additional conditional use findings.
- Key dimensional / development controls and findings: To approve conditional uses under RR the decision‑maker must find the use will enhance Emeryville’s role as a regional retail destination, provide access for all travel modes, and conform to any applicable area plan. These are extra findings in addition to the usual conditional use findings.
- Where it applies: See the Overlay Map and the ordinance § 9‑3.103.
TH — Transit Hub Overlay Zone
- Code: § 9-3.406.
- Purpose: Encourage development appropriate to major transit hubs and reduce car parking expectations.
- Key rule that changes the base standards: Maximum parking allowances are reduced to 50% of the standard allowances in the parking chapter (Article 4 of Chapter 4); projects in TH are also subject to the Emeryville Design Guidelines. § 9‑3.406(a)(1).
- Where it applies: Shown on the Overlay Map (Figure 9‑3.103(b)); verify whether your lot lies inside a TH polygon.
Practical impact: For sites inside TH expect reduced required parking (the code calls out a 50% reduction), and plan for bicycle/inventory of multimodal access as part of approvals. For the precise parking calculation, consult the city's parking chapter and the overlay text.
PP — Pedestrian Priority Overlay Zone
- Code: § 9-3.407.
- Purpose: Emphasize pedestrian‑oriented design; the overlay requires that development proposals follow the Emeryville Design Guidelines provisions relevant to Pedestrian Priority zones.
- Typical permitted uses and controls: Uses are controlled by the base zone, but all projects must meet pedestrian‑first design provisions (entrances, active ground‑floor uses, sidewalk relationship) found in the design guidelines.
- Where it applies: Shown on the Overlay Map; check § 9‑3.103.
Quick reference table — decision‑relevant overlay rules
| Overlay | What matters most for decisionmakers / applicants | Code reference |
|---|---|---|
| NH (North Hollis) | Must follow North Hollis Area Urban Design Program and Emeryville Design Guidelines; overlay design guidance controls public realm and building form. | § 9‑3.402 |
| PA (Park Avenue) | Park Avenue District Plan controls street standards, frontage and design; plan materials are mandatory. | § 9‑3.403 |
| NR (Neighborhood Retail) | No general offices at ground floor; small local‑serving uses (≤ 5,000 sq ft) may be exempt from some parking/loading rules; pedestrian‑oriented findings for CUPs. | § 9‑3.404 |
| RR (Regional Retail) | Retail, Large Stores may occupy 100% of building area if regional‑serving; CUP findings require multimodal access and alignment with area plans. | § 9‑3.405 |
| TH (Transit Hub) | Parking reduced to 50% of standard allowances; design guidelines for transit hubs apply. | § 9‑3.406 |
| PP (Pedestrian Priority) | All development must follow pedestrian priority design guidelines; expect ground‑floor active uses and enhanced pedestrian connections. | § 9‑3.407 |
How overlays interact with other code topics (practical guidance)
- Overlays add design and use requirements; they do not replace the base code unless the overlay text explicitly says so. The ordinance states overlays "supplement or, if so indicated, supersede" base zone rules—read § 9‑3.401 and the overlay clause carefully.
- For site development standards (setbacks, FAR, open space) you must consult the base zone rules and the city's published Emeryville Development Standards because overlays frequently reference those standards and the City's design guidelines for application. (/us/california/emeryville/development-standards)
- For parking calculations in overlays such as TH where the code reduces parking, consult the city's parking chapter and the Emeryville Parking guidance. (/us/california/emeryville/parking)
- Design conformity: overlays repeatedly require application of the Emeryville Design Guidelines and overlay‑specific plans; see the city's design review procedures for how guidelines are enforced. (/us/california/emeryville/design-review)
- Accessory Dwelling Units (ADUs): ADU rules are set elsewhere in Title 9 (for example Sections 9‑5.1411–9‑5.1412), and overlays do not substitute for ADU statutory limits; applicants should consult the ADU chapter and state ADU law when proposing ADUs in an overlay. (/us/california/emeryville/adu)
- Building code matters (fire, structural) are outside zoning overlays — see the California Building Standards Code for construction requirements. (/us/california/building-codes) Not part of overlay rules.
Checklist — what an applicant must satisfy for an overlay parcel
- Confirm overlay applicability by consulting the Zoning Overlay Map (Figure 9‑3.103(b)) and parcel records. § 9‑3.103.
- Demonstrate compliance with the overlay's required design program or plan (e.g., North Hollis Area Urban Design Program for NH, Park Avenue District Plan for PA). §§ 9‑3.402, 9‑3.403.
- If the overlay requires or references the Emeryville Design Guidelines, prepare drawings and a narrative showing conformance for design review. § 9‑3.401 and each overlay (e.g., §§ 9‑3.402–9‑3.407). (/us/california/emeryville/design-review)
- Apply the overlay‑specific use rules (for example no general offices on ground floor in NR; Retail, Large Stores allowances in RR). §§ 9‑3.404–9‑3.405.
- For TH, use the reduced parking allowance (50% of standard) in your parking calculations and submit required parking justification. § 9‑3.406(a)(1). (/us/california/emeryville/parking)
- If proposing a conditional use where overlays add findings (NR and RR have extra CUP findings), include required findings and supporting materials. §§ 9‑3.404(b), 9‑3.405(b).
- Confirm any other applicable City objective standards (site development, open space, sidewalks) referenced elsewhere in the code and in the overlay plan. See Article 4 overlays and the cross‑references in the code. § 9‑7.1604 lists objective standards for projects.
Risks & Ambiguities
| Issue | Why it matters | What to verify |
|---|---|---|
| Map boundary uncertainty | Overlay rules apply only where the overlay map shows them; mistaken overlay status changes required findings, parking, and design obligations. | Check Figure 9‑3.103(b) and confirm with Planning staff; see § 9‑3.103. |
| Overlay vs base‑zone conflicts | Overlays may "supplement or, if so indicated, supersede" base rules; not all overlays expressly supersede base standards. | Read § 9‑3.401 and the specific overlay language; if unclear, Verify with the jurisdiction. |
| Design guideline interpretation | Overlays require adherence to district plans/design guidelines; these are partly subjective and implemented through design review. | Confirm which specific plan/guideline applies (e.g., North Hollis Program, Park Avenue Plan) and the design review route. See the overlay cite and design review procedures. §§ 9‑3.402–9‑3.403. |
| Parking reduction calculations | In TH the code reduces parking to 50% of standard allowances — improper calculation can delay approvals. | Use § 9‑3.406(a)(1) and consult the City's parking chapter for the base calculation. (/us/california/emeryville/parking) |
| Use limitations at ground floor (NR) | Ground‑floor use restrictions (no general offices) directly affect program/tenanting and financing. | See § 9‑3.404; plan ground‑floor uses accordingly. |
Plain‑English summary
Emeryville’s overlay zones (NH, PA, NR, RR, TH, PP) add area‑specific design and use rules to the base zoning: some overlays (like TH) change numeric rules such as parking (50% reduction), while others (like NR) restrict certain ground‑floor uses. Always check the Overlay Map to see if an overlay applies to your parcel and follow the overlay’s required design program and the Emeryville Design Guidelines during project design and review.
Source References
- Emeryville Municipal Code, Article 4, Overlay Zone Regulations: § 9‑3.401 (Purpose) and the individual overlay subsections §§ 9‑3.402–9‑3.407.
- Emeryville Municipal Code, § 9‑3.404 (Neighborhood Retail Overlay) and § 9‑3.405 (Regional Retail Overlay).
- Emeryville Municipal Code, § 9‑3.406 (Transit Hub Overlay) and § 9‑3.407 (Pedestrian Priority Overlay).
- Emeryville Municipal Code, § 9‑3.103 (Zoning Maps / Overlay Map Figure 9‑3.103(b)).
- Emeryville Municipal Code, Objective Standards and cross‑references for project requirements § 9‑7.1604 (useful list of applicable objective standards).
- Emeryville Municipal Code, Accessory Dwelling Unit design references §§ 9‑5.1411–9‑5.1412 (ADU requirements appear elsewhere in Title 9).
(These ordinance excerpts were obtained from the Emeryville zoning code download available at the City's code hosting; the overlay map is contained in Figure 9‑3.103(b) in the same code source.)
Sources
Retrieved passages
- Emeryville Zoning Code (Article 4) High relevance
- Emeryville Zoning Code (Section 9-3.202) High relevance
- Emeryville Zoning Code (Section 9-1.202.) High relevance
- Emeryville Zoning Code (Article 2) High relevance
- Emeryville Zoning Code (Article 4) Medium relevance
- Emeryville Zoning Code (Section 9-3.202) Medium relevance
- Emeryville Zoning Code (Article 5) Medium relevance
- Emeryville Zoning Code (Article 7) Medium relevance
Cited sections
- Emeryville Municipal Code, Article 4, Overlay Zone Regulations: **§ 9‑3.401 (Purpose)** and the individual overlay subsections **§§ 9‑3.402–9‑3.407**. (Article 4)
- Emeryville Municipal Code, **§ 9‑3.404 (Neighborhood Retail Overlay)** and **§ 9‑3.405 (Regional Retail Overlay)**. (§ 9)
- Emeryville Municipal Code, **§ 9‑3.406 (Transit Hub Overlay)** and **§ 9‑3.407 (Pedestrian Priority Overlay)**. (§ 9)
- Emeryville Municipal Code, **§ 9‑3.103 (Zoning Maps / Overlay Map Figure 9‑3.103(b))**. (§ 9)
- Emeryville Municipal Code, Objective Standards and cross‑references for project requirements **§ 9‑7.1604** (useful list of applicable objective standards). (§ 9)
- Emeryville Municipal Code, Accessory Dwelling Unit design references **§§ 9‑5.1411–9‑5.1412** (ADU requirements appear elsewhere in Title 9). (§ 9)
- Emeryville_ZoningCode.md
Frequently asked questions
What overlays exist in Emeryville and where are they listed?
The overlay zones listed in Article 4 of Chapter 3 include NH (North Hollis), PA (Park Avenue District), NR (Neighborhood Retail), RR (Regional Retail), TH (Transit Hub) and PP (Pedestrian Priority); they are codified at §§ 9‑3.401–9‑3.407 and shown on the Zoning Overlay Map (Figure 9‑3.103(b)) in § 9‑3.103.
What does the Transit Hub overlay do to parking requirements?
The TH Transit Hub overlay reduces maximum parking allowances to 50% of the allowances otherwise set in the parking chapter—see § 9‑3.406(a)(1); use that reduction when preparing your parking calculations and coordinate with the City's parking rules.
Can I put a general office on the ground floor in a Neighborhood Retail overlay?
No — the code expressly states Offices, General are not allowed on the ground floor in the NR overlay; see § 9‑3.404. Plan retail or other pedestrian‑oriented uses at sidewalk level.
Do overlays change the base zoning uses and development standards?
Overlays "supplement or, if so indicated, supersede" the base zone regulations; you must read § 9‑3.401 and the specific overlay to see if it overrides base rules or simply adds requirements. If an overlay is silent you apply base‑zone standards and the overlay’s design programs.
Where do I find the map showing which parcels are inside an overlay?
The Zoning Overlay Map is Figure 9‑3.103(b) and is incorporated into the zoning code via § 9‑3.103; always confirm overlay boundaries with the map and Planning staff for parcel‑specific interpretation.
Will an overlay require me to follow special design guidelines?
Yes. Most overlays require following either an adopted area plan or the Emeryville Design Guidelines (for example NH requires the North Hollis Area Urban Design Program; PA requires the Park Avenue District Plan). See the overlay language (e.g., §§ 9‑3.402–9‑3.403) and be prepared for design review. (/us/california/emeryville/design-review)
If an overlay requires a conditional use permit, are there extra findings?
Some overlays add extra findings for CUP approvals. For example, RR requires findings that the use will enhance Emeryville’s regional retail role and provide multimodal access, in addition to general CUP findings — see § 9‑3.405(b).
Do overlays change ADU rules?
Not directly in the overlay text provided. ADU rules are codified elsewhere (e.g., §§ 9‑5.1411–9‑5.1412) and are subject to state ADU law as applicable; overlays may still impose design expectations, so coordinate overlay requirements with ADU regulations. (/us/california/emeryville/adu)
Who decides if a project meets an overlay’s design standards?
Design conformity is checked through the City’s design review procedures; overlays call for the applicable design guidelines to be applied during that review (see overlay subsections that reference the Emeryville Design Guidelines and area plans). (/us/california/emeryville/design-review)
I see conflicting language between an overlay and the base zone—what should I do?
The ordinance permits overlays to supersede base rules only when the overlay expressly says so. Review § 9‑3.401 and the specific overlay text and then Verify with the jurisdiction (Planning Division) before assuming which standard controls.
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