§ 110-206. Cross access corridors and joint use driveways.

(a)

Generally. The city may require cross access corridors and/or joint use driveways on properties adjacent to arterial, collector, and minor streets as defined in sections 62-26 and 62-27 of the Code. Such requirement may be made in connection with the approval of any subdivision, special exception, site plan, or other development or redevelopment approval within the affected area, or as part of an overall planning program.

(b)

Definitions.

(1)

Cross access corridor shall mean and refer to a service driveway designed in conformance with the standards set forth in the Code and providing vehicular access between two or more contiguous sites so that vehicles need not enter the public street system to access the adjacent property or properties.

(2)

Joint use driveway shall mean and refer to a driveway designed and built in conformance with the standards set forth for driveways in this Code and connecting two or more contiguous sites to the public street system.

(c)

Design of cross access corridors. Cross access corridors shall be designed to provide unified access and circulation among parcels on each block of a city street in such a way as to assist in local traffic movement. Each cross access corridor shall be designed and built to include the following elements:

(1)

A continuous linear travel corridor extending the entire length of the developed portion of the block the corridor serves.

(2)

A design speed of ten miles per hour and sufficient width to accommodate two-way travel aisles designed to accommodate automobiles, service vehicles, and loading vehicles.

(3)

Stub-outs and other design features to make it visually obvious that the corridor serves abutting properties.

(4)

A unified access and circulation system plan that provides for linkage to other cross access corridors in the area and, where the city determines it is feasible, includes mutually coordinated or shared parking areas. All unified access and circulation systems shall be governed by the following provisions:

a.

Development prior to abutting use. In the event that a lot, parcel, or site is developed or redeveloped prior to an abutting property, such lot, parcel, or site shall be designed to ensure that its parking, access and circulation will be a functional part of the cross access corridor and joint use driveway.

b.

Existing abutting uses. In the event that a lot, parcel or site abuts an existing developed property, the lot, parcel or site shall be so designed as to tie into the abutting parking, access, and circulation to create a unified system unless the city determines that such design would be impractical.

c.

Design to accommodate service vehicles. Each unified access and circulation system shall be so designed that the cross access corridor(s), joint use driveway(s), and coordinated parking systems will allow adequate access for service and loading vehicles to each lot, parcel or site.

(d)

Joint use and maintenance. Wherever a cross access corridor or joint use driveway is required, no subdivision plat, special exception, site plan, or other development or redevelopment shall be approved unless the property owner grants all appropriate easements, running with the land, allowing the cross access corridor and joint use driveways. Furthermore, each applicant for subdivision plat, special exception, site plan approval or other development or redevelopment shall provide such additional easements, agreements, and stipulations as may be necessary to ensure that adjoining properties have joint maintenance responsibilities for such easements. All such easements, agreements, and stipulations required by this paragraph shall provide that they may not be eliminated or restricted without the city's prior written approval and shall be recorded in the public records of Orange County and constitute a covenant running with the land.

(e)

Special provisions concerning tie-ins with abutting properties.

(1)

Phased development in same ownership. Where abutting properties are in the same ownership, no subdivision plat, special exception, site plan or other development or redevelopment shall be approved unless all building sites within the affected area are made subject to the necessary easements, agreements, and stipulations required by this section, which shall be recorded prior to the issuance of any building permits.

(2)

Leasing situations. Where individual building site(s) within an overall development or redevelopment site are leased rather than owned in fee-simple, the development or redevelopment site shall be subject to all requirements of this section. The owner of the development or redevelopment site and lessees of building sites and buildings shall be jointly and severally responsible for compliance with these requirements. Failure to comply shall be considered a violation of this chapter subject to enforcement in accordance with division 2, article II of chapter 2 of the City Code. In such cases, citations of violation shall be issued to both the owner of the development or redevelopment site and to all lessees within the affected area.

(3)

Abutting properties in different ownership. Where abutting properties are in different ownership, cooperation is encouraged between the various owners but is not required. Only the lot(s), parcel(s), or site(s) under consideration for plat, special exception, site plan or other development or redevelopment approval shall be required to be subject to the necessary easements, agreements and stipulations required by this section. In the city's discretion, such easements, agreements and stipulations may allow temporary use of a cross access corridor for parking by the subject lot, parcel or site until the abutting property is developed or redeveloped. Abutting properties developed or redeveloped at a later date shall provide unified access and circulation, together with all necessary reciprocal easements, agreements, and stipulations at the time of such later development approvals.

(4)

Where unified access and circulation is not practical. The city shall be authorized to modify the requirements of this section where it finds that abutting properties have been so developed or redeveloped that it is clearly impractical to create a unified access and circulation system within part or all of the affected area.

(Ord. No. 07-02, § I, 1-25-07)