Building or modifying a driveway approach in unincorporated Santa Clara County that encroaches on a County road requires an encroachment permit under Ordinance Division B17 from the Roads and Airports Department. The Zoning Ordinance (Sec. 4.30.070) sets driveway and parking-space dimensions, including an 8-foot minimum driveway pavement width.
Two County rule sets govern driveways in the unincorporated county. First, any work in the County road right-of-way - including a new, replacement, or repaired driveway approach - requires an encroachment permit from the County Roads and Airports Department under Ordinance Division B17 (Streets and Highways), Chapter II ('Obstructions and Encroachments'). Constructing a driveway for access so as to encroach on a County highway is specifically listed as work requiring this permit, and the work must conform to County Standards. Second, on the private side of the property line, the Zoning Ordinance's off-street parking and design standards (Chapter 4.30, including Section 4.30.070 'Parking Design Standards') govern dimensions. County guidance derived from these standards provides that off-street parking spaces must be at least 8.5 feet wide and 18 feet deep and of usable shape, location, and condition; driveways must provide at least 10 feet of unobstructed width between buildings and property lines; and driveway pavement (surfacing) must be at least 8 feet wide. Greater driveway width may be required by the fire marshal in some cases. Because requirements vary by zoning district and road classification, property owners should confirm both the encroachment-permit and zoning dimension requirements with the Roads and Airports Department and the Department of Planning and Development before paving or widening a driveway.
Building or altering a driveway approach in the County right-of-way without an encroachment permit, or installing parking/driveways that fail the Zoning Ordinance dimension standards, can result in stop-work orders, code-enforcement action, and required corrections.
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