(Amended by Ord. No. 122,064, Eff. 6/14/62.)
A. The purpose of this article is to prescribe rules and regulations governing the platting and division of land as lots or building sites which are contiguous or adjacent to private road easements; to provide for the filing and approval of Private Street Maps; to provide for the approval of private road easements as private streets, to provide for the naming of private streets, and to require that lots or building sites which are contiguous or adjacent to private streets conform to the minimum requirements of this chapter before permits may be issued. (Amended by Ord. No. 158,691, Eff. 3/12/84.)
B. When private streets have been laid out and designated as such to a recorded subdivision map or on a filed record of survey map, the provisions of this article shall not apply thereto.
C. When a developed residential lot or building site has its access driveway located within a private road easement and the dwelling and access driveway existed prior to September 6, 1961, said private road easement shall be deemed to have been approved in accordance with the provisions of this article and may be continued. Further, on such lot or building site additions and alterations may be made to such dwelling, and accessory buildings may be erected on said lot if no additional dwelling units or guest rooms are created.
An ordinance requiring a residence to be built upon a lot having a frontage on a street or private easement determined by the planning commission to be adequate for purposes of access is valid and is not an unlawful delegation of legislative power.
Mitchell v. Morris, Cal. App. 2d 466.