Legal Question in Real Estate Law in California
my wife and I own a home in Simi Valley ca., We just landscaped our front yard and put in a concrete pad for our Rv. Can the city municipal code give my neighbor the right to park his rv on his property in complience with the code, which states that you can only park on the front sideyard on concrete next to the existing driveway. My lot is configured in a different way that prevents me from attaching the pad to my driveway so we put it on the oppossite side of our yard and set the Rv back 16 feet. My ?? is can we sue the city on discrimination by not affording us the same privellige as my neighbor?????
2 Answers from Attorneys
Beware any HOA if you have one. In Thousand Oaks our HOA won't even allow a RV in a driveway.
Now about the parking. The City has the power to define where any additional parking will be for all the residential properties in the City. That is not discriminatory. Otherwise one option is just lobbying City Council.
If you've been cited by the City for the second driveway/additional parking space then contact that City Department and ask whether you qualify for any type of variance (probably not but doesn't hurt to try).
The municipal code will be construed rather strictly. If it allows X, Y and Z, but does not allow A, B and C, and your RV pad is X, Y, and C, it is illegal. This is not discrimination. It is strict and literal interpretation of existing law. Maybe unfair in the abstract, but that's what the city must do. Your recourse is to request a variance. Ask the planning department.
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