DIR1992-00001 DATE: 3/12/1992
CODE SECTIONS: 18.108 V �'
TOPIC:+ Duplex: Access Requirements
INTERPRETATION: Duplexes may be permitted as conditional uses in this zone subject to certain standards
being met, including consistency with the applicable access standards of Community
Development Code Chapter 18.108 (See Code Sections 18.130.040.A and 18.120.180 -
approval standards).
Code Section 18.108.070.A establishes minimum access standards for single - family
residences and duplexes. A shared driveway can serve between 3 and 6 dwelling units if
the driveway includes a minimum of 24 feet of pavement, curbs, and a walkway within a
minimum 30- foot -wide access tract. The access tract to this parcel which is shared with
two other developed parcels is 25- feet -wide and is paved (I have not measured the width
of the driveway). The access to this parcel is, therefore, not wide enough to accommodate
the minimum access improvements required for three or four dwelling units. Since this
lotting pattern for a single - family subdivision was apparently created prior to the original
effective date of this access standard, this non - conforming substandard access situation
would not preclude the development of a single residence on tax lot 3300. In lay terms,
this is usually referred to as a "grandfathered" right. However, since approval for
development of a duplex is a discretionary action, there is no "grandfathered" right to
construct two units with a substandard access situation.