Emeryville · Building on your lot

Building on your lot in Emeryville

Emeryville sets its own limits on fences in residential zones and bans some home businesses. Fence height depends on the yard and on how open the fence is.

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Key points

Fence height: Emeryville limits front and street side fences to 3 feet if solid or 4-1/2 feet if at least 50% open; rear yards, 6 feet.
Banned businesses: Emeryville does not allow home businesses that sell firearms or ammunition, adult entertainment businesses, or commercial cannabis activity.

Each rule below is marked Emeryville code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.

Fences and walls

Emeryville code Emeryville limits front and street side fences to 3 feet if solid or 4-1/2 feet if at least 50% open; rear yards, 6 feet.

All 4 Emeryville rules on fences and walls, with the code text →

Running a business from home

Emeryville code What Emeryville's code adds
Businesses not allowed	selling, leasing, or otherwise transferring any firearm or ammunition § 9-5.602 · code text It is unlawful to engage in the business of selling, leasing, or otherwise transferring any firearm or ammunition as defined in this article as a Home Occupation as such term is defined in Article 8 of this chapter. adult entertainment business § 9-5.303 · code text It is unlawful to establish any adult entertainment business as defined in this article as a Home Occupation as defined in Article 8 of this chapter. commercial cannabis activity § 9-5.2203 · code text It is unlawful to engage in commercial cannabis activity as defined in Section 5-28.03(f) as a home occupation as defined in Article 8 of this chapter.

Solar panels and EV chargers

Emeryville code What Emeryville's code adds
Solar permit process	Administrative, nondiscretionary expedited review, limited to whether the application meets local, state and federal health and safety requirements. Applies: Small residential rooftop solar energy systems. § 8-23.06 · code text The Chief Building Official shall implement an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems. Only 1 inspection. Applies: Small residential rooftop solar energy systems eligible for expedited review. § 8-23.06 · code text Only one (1) inspection shall be required and performed by the Building Division for small residential rooftop solar energy systems eligible for expedited review.

Tree removal

Emeryville code What Emeryville's code adds
Penalty	3 times the replacement value fee of the street tree or landscaping, plus any City appraisal costs. Applies: Street trees or landscaping, for violating the chapter or a permit condition. § 7-10.12 · code text shall become liable to the City for a civil penalty three (3) times the replacement value fee of the street tree or landscaping plus the City's incurred appraisal costs, if any.
Replacement trees	You may be required to replace any removed or damaged street tree or landscaping. Applies: Street trees or landscaping, for violating the chapter or a permit condition. § 7-10.12 · code text may be required to replace any removed or damaged street tree or landscaping

Pets, chickens and bees

Emeryville code What Emeryville's code adds
Permit	A permit from the Police Department or another authorized licensing authority. Applies: Keeping any animal that is not a domestic pet in the city. § 6-1.108 · code text No animal which is not a domestic pet shall be kept within the City without first obtaining a permit from the Police Department or other authorized licensing authority.

Building in a flood zone

Emeryville code What Emeryville's code adds
Height of the lowest floor	On anchored pilings or columns, with the lowest floor's lowest horizontal structural member at or above base flood level. Applies: New or substantially improved homes and other buildings in coastal high hazard areas (Zones V). § 8-21.04 · code text All new residential and nonresidential construction, including substantial improvement/damage, shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level.

Grading and erosion control

Emeryville code What Emeryville's code adds
When a grading permit is needed	More than 20 cubic yards of excavation or fill. § 7-5.14 · code text An excavation or fill in excess of twenty (20) cubic yards;
Grading without a permit	Excavation for basements, footings, pools or underground structures under a valid building permit; fill from it still needs a permit. Applies: Work exempt from a grading permit. § 7-5.15 · code text No permit shall be required by virtue of this chapter for any of the following:

Noise and construction hours

Emeryville code Weekdays, 7:00 a.m. to 6:00 p.m. Weekdays, 8:00 a.m. to 5:00 p.m.

All 9 Emeryville rules on noise and construction hours, with the code text →

Outdoor lighting

Emeryville code Under 1,600 lumens per fixture, such as one 100-watt bulb or 20-watt LED equivalent. No higher than 8 feet above ground level.

All 5 Emeryville rules on outdoor lighting, with the code text →

Family child care homes

CA state law California law
Zoning	A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning Health & Safety Code § 1597.45(a)
Business license or fee	A city or county may not charge a business license, fee or tax to run a family child care home Health & Safety Code § 1597.45(b)
Local rules	Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone Health & Safety Code § 1597.45(e)
Small home	Up to eight children, counting the provider's own children under 10 who live there Health & Safety Code § 1596.78(c)
Large home	7 to 14 children, counting the provider's own children under 10 who live there Health & Safety Code § 1596.78(b)

Affordable units in new housing (inclusionary)

Emeryville code Affordable units must stay affordable at least 45 years from the date of availability. Inclusionary rules apply to projects of 10 or more dwelling units or lots.

All 4 Emeryville rules on affordable units in new housing (inclusionary), with the code text →

Group homes and residential care

Emeryville code What Emeryville's code adds
Homes for 6 or fewer	They are treated the same as Single Unit residential uses. Applies: Applies to facilities serving 6 or fewer persons. § 9-5.211 · code text Limited Residential Care Facilities, including group homes and Residential Care Facilities for the Elderly, which provide care for six (6) or fewer persons shall be treated the same as Single Unit residential uses.

Home alarm permits and false alarms

Emeryville code $50. $75.

All 5 Emeryville rules on home alarm permits and false alarms, with the code text →

Signs on homes

Emeryville code Each sign up to 6 square feet. Up to 2 signs.

All 14 Emeryville rules on signs on homes, with the code text →

Trash and recycling carts

Emeryville code What Emeryville's code adds
Where carts are kept	No containers in any public street, sidewalk, footpath or public place. Applies: Except on a sidewalk for up to 24 consecutive hours for collection, if they do not block pedestrians or other people's driveways. § 6-4.07 · code text No container for the collection of municipal solid waste or any bundle of yard waste or bulky goods shall be placed or stored on or in any public street, sidewalk, footpath, or public place.

Other Emeryville rules on this

Emeryville's code also has these chapters. We have not summarized their values on this page yet; read them in the library.

No parking of unattached trailers on posted streets (§ 4-9.31) — on posted public streets only
Development impact fees (Title 9, Ch. 5, Art. 19)

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

Can I run a business from my home in Emeryville?

Emeryville does not allow home businesses that sell firearms or ammunition, adult entertainment businesses, or commercial cannabis activity.

Do I need a permit for solar panels or an EV charger in Emeryville?

Emeryville's code: Administrative, nondiscretionary expedited review, limited to whether the application meets local, state and federal health and safety requirements. (Small residential rooftop solar energy systems.) (§ 8-23.06); Only 1 inspection. (Small residential rooftop solar energy systems eligible for expedited review.) (§ 8-23.06).

Do I need a permit to remove a tree in Emeryville?

Emeryville's code: You may be required to replace any removed or damaged street tree or landscaping. (Street trees or landscaping, for violating the chapter or a permit condition.) (§ 7-10.12).

What are the rules for building in an Emeryville flood zone?

Emeryville's code: On anchored pilings or columns, with the lowest floor's lowest horizontal structural member at or above base flood level. (New or substantially improved homes and other buildings in coastal high hazard areas (Zones V).) (§ 8-21.04).

What are the grading rules in Emeryville?

Emeryville's code: More than 20 cubic yards of excavation or fill. (§ 7-5.14); Excavation for basements, footings, pools or underground structures under a valid building permit; fill from it still needs a permit. (Work exempt from a grading permit.) (§ 7-5.15).

Can I run a family child care home in Emeryville?

California law sets this for every city, including Emeryville: Zoning: A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning (Health & Safety Code § 1597.45(a)); Business license or fee: A city or county may not charge a business license, fee or tax to run a family child care home (Health & Safety Code § 1597.45(b)); Local rules: Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone (Health & Safety Code § 1597.45(e)); Small home: Up to eight children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(c)); Large home: 7 to 14 children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(b)).

Where are group homes and residential care homes allowed in Emeryville?

Emeryville's code: They are treated the same as Single Unit residential uses. (Applies to facilities serving 6 or fewer persons.) (§ 9-5.211).

When can trash carts go out to the curb in Emeryville?

Emeryville's code: No containers in any public street, sidewalk, footpath or public place. (Except on a sidewalk for up to 24 consecutive hours for collection, if they do not block pedestrians or other people's driveways.) (§ 6-4.07).

General information, not legal advice.

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