Chapter 16.32 — PRIVATE ACCESS EASEMENTS

For the purposes of this title the words "private access easement" shall mean a privately owned and maintained right-of-way which provides vehicular access to each of not more than four lots. A private

access easement allows the creation of no more than four lots without street frontage, each with vehicular access on the easement. The area designated for the private access easement shall be excluded in computing minimum lot areas. A private access easement shall be a part of one or more lots. At the discretion of the Director of Public Works, based on considerations described in the City Planning Commission guidelines, the street entrance portion of the private access easement may be located within the public right-of-way. Private access easement shall not be named. Addresses for the dwelling units served by the easement shall conform to the address range of the street upon which the easement abuts.

(Prior code § 7-4.61)

Notwithstanding any provisions of this title to the contrary, the Advisory Agency may approve maps of division of real property into no more than four parcels, all of which have vehicular access on a private access easement, in the manner set forth in this chapter; provided, however, this approval shall not be required for lots having frontage on a street.

(Prior code § 7-4.60)

An application may be filed for a division of real property into four or less parcels, of which all have vehicular access on a private access easement, in situations:

A.

Where existing frontage or the width of the parcel does not permit a street opening with the minimum accepted right-of-way;

B.

Where existing frontage is sufficient for the provision of a street but where a street opening would result in the creation of fewer lots;

C.

Where a street opening would result in the creation of lots meeting minimum area requirements of the zoning ordinance but of inadequate design due to their being too long in relation to their width, too narrow, panhandled, or shaped in any other way that is undesirable;

D.

Where the legal alternative to a street opening is the creation of more than one panhandled lot;

E.

Where topographic conditions preclude the installation of a street meeting acceptable grades and other standards.

(Prior code § 7-4.62)

The Advisory Agency shall not approve a division of real property into four or less parcels, all of which have vehicular access on a private access easement, in situations:

A.

Where a street opening would be necessary to provide for future access to and not impose undue hardship upon adjoining unsubdivided property;

B.

Where the Zoning Regulations permit more than one dwelling unit per lot.

(Prior code § 7-4.63)

The applicant shall file with the Advisory Agency five copies of a map containing the following information:

A.

The names and addresses of the applicant, the record owners, and the person or firm preparing the map;

B.

The boundary line, accurate in scale, of the parcel to be divided;

C.

The location and names of all existing or platted streets or other public ways adjacent to the parcel;

D.

True north point, scale, and date;

E.

The layout and dimensions of the proposed lots;

F.

The location and dimensions of the proposed private access easement;

G.

The location of existing permanent buildings or structures;

H.

Existing and proposed contours with intervals of five feet or less, referred to city datum;

I.

The profile of the easement with tentative grades;

J.

Any additional information which may be necessary.

(Prior code § 7-4.64)

A.

The private access easement shall abut on a street.

B.

The private access easement shall be subject to the provisions of Section 17.102.090 of the Oakland Planning Code.

C.

The length of the private access easement shall not exceed three hundred (300) feet.

D.

Lots shall meet the minimum area and width requirements of the zoning district in which they lie. The area designated for the private access easement shall be excluded in computing minimum areas.

(Prior code § 7-4.65)

The Advisory Agency shall forward two copies of the applicant's map to the City Engineer. The Advisory Agency shall not act upon the application until the City Engineer has submitted a report to it; unless more than twenty-three (23) days shall have elapsed since the map was forwarded to him or her.

(Prior code § 7-4.66)

The City Engineer shall develop standards and specifications for grading, surfacing, drainage, and curb- cuts at entrance ways, applicable to all private access easements, which shall be adopted by resolution of the City Council. No building permit shall be issued for a lot with frontage on a private access easement until a registered Civil Engineer shall certify to the Building Inspector that the required improvements have been completed according to said standards and specifications, or enters into a contract with the city agreeing to do such work, and files with the City Clerk of the city a surety bond (or provides other satisfactory security as hereinafter set forth) approved by the City Attorney in such an amount as the City Engineer shall estimate and determine to be necessary to complete all the improvements required to be done by the applicant, which surety bond shall be executed by the applicant as principal, and a corporation

authorized to so act under the laws of the state of California, as surety, the same to be payable to the city and to be conditioned upon the faithful performance of any and all work required to be done by the applicant, and said bond shall be further conditioned to the effect that should the applicant fail to complete all work required to be done by him or her within a specified reasonable time the city may, at its option, cause all uncompleted required work to be done and the parties executing the bond shall be firmly bound for the payment of all necessary costs therefor; or in lieu of a surety bond the applicant may post security as provided in Title 7, Division 2, Chapter 5, of the Government Code of the state of California.

(Prior code § 7-4.67)

The applicant or any other interested person adversely affected by a decision of the Advisory Agency may appeal the decision with respect to the application to the City Council within ten days after such action. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Advisory Agency or wherein its decision is not supported by evidence in the record. The appeal shall be filed with the City Clerk. The City Council shall set the matter for hearing and shall cause written notice thereof to be given by the City Clerk, to the applicant and to other parties known to be interested in the matter. At the time fixed for the hearing the City Council shall proceed to hear the testimony of the applicant, any interested parties, and any witnesses in their behalf. Such hearing may be continued by the City Council. The City Council may sustain, modify, reject or overrule the recommendations, rulings, or decisions of the Advisory Agency and make such findings as are not inconsistent with this title. The Council's action shall be final.

(Prior code § 7-4.68)

The Advisory Agency may, in the exercise of reasonable judgment, grant such variances as it determines warranted where the size of the subdivision or topographic or other natural conditions make it impractical to conform to all the provisions prescribed by Section 16.32.060.

(Prior code § 7-4.69)