12.38.160 Common-access driveways.
A. Where Permitted. Common-access driveways may be permitted in either of the following cases:
1. On lots of record, existing before the effective date of the ordinance codified in this chapter, if the community development director approves an administrative use permit; or
2. In new subdivisions where a common driveway is proposed as part of subdivision approval.
B. Basic Criteria. A common-access driveway must meet all of the following criteria:
1. The driveway must not be inappropriately located (for example, too close to a dwelling, play area or sloped bank).
2. It must be determined that there is no significant potential for conflict between the parties sharing the driveway because of its location, length, grade, usage or other characteristics.
C. For Residential Uses. The following provisions apply to common-access driveways to serve premises zoned or used for residential purposes:
1. Before granting any permit authorizing construction of a common-access driveway or structures to be served by such driveway, the city shall require an easement or covenant to be filed with the county recorder setting forth driveway usage rights and responsibilities for each parcel served. At minimum, the required easement or covenant shall include the following statements:
a. All affected property owners will be jointly responsible for the improvement and maintenance of all parts of the common access driveway.
b. All parking on the commonly used portions of the driveway is prohibited.
c. Any affected property owner may avail himself of the vehicle-removing authority granted private property owners in Section 22658 of the California Vehicle Code when any vehicle is parked in the common-access driveway so as to interfere with entry or access to a parcel it serves.
d. Property owners agree to hold the city harmless from all claims of damages or liability arising from any action to tow away vehicles pursuant to subsection (C)(1)(c) of this section.
e. If the easement or covenant is abandoned or dissolved, each lot previously served by the common-access driveway shall be provided with standard access as required by these regulations.
2. The driveway shall serve no more than four residential units unless special circumstances warrant the grant of an exception by the community development director.
3. The director or planning commission may add other requirements or conditions deemed necessary or appropriate.
4. The community development department shall supply the police department with copies of all easement or covenants.
D. Commercial and Industrial Uses. Before granting any permit authorizing the construction of any common-access driveway to serve premises zoned or used for commercial or industrial purposes, the city may impose the requirements listed in this section for residential uses as well as any additional requirements or conditions it deems necessary or appropriate. (Ord. 1156 § 3 (1) Ex. A (P), 1990)