Confusion in understanding the code in my city's ordinance
Hi all,
My new property is located at Mission Viejo, California. It is a single family home separated by its adjacent neighbors with masonry walls. I have been told that to convert an already existing window to a sliding door, I will be required to get my adjacent neighbor's signature. Following is the code that is referenced for this. I know it is kind of long but I would really appreciate it if you could read it and let me know what you think? Do we need the neighbor's signature based on this? I would like to argue that this code doesn't apply to changing an existing window to a sliding door where the width of the opening doesn't change and it won't affect the neighbor's privacy due to existence of a masonry wall. The wall is about 5 feet tall and each property is 5 to 6 feet away from the wall. Please let me know if I have an argument here to talk to the city?
"9.43.010 COMPATIBILITY IN RESIDENTIAL ZONES
No person shall construct any dwelling, accessory building, or structures, improvements, patio covers, roofs, balconies, decks, porches, terraces, exterior steps or stairways, walls, fences, antennas, spas, swimming pools, or make any additions to, or modify, any structure, or install a new roof on any structure, on any parcel in a residential zone in the City for which a building permit is required unless the resulting construction is found to be compatible with the neighborhood within which it is located. The design criteria and review processes contained in this Chapter are provided to protect and maintain the established character of all residential neighborhoods within the City.
9.43.015 OBJECTIVES
In order to maintain neighborhood compatibility, any proposal for construction within a residential zone shall comply with the following objectives:
(a) Natural Amenities
Improvements to residential property shall respect and preserve, to the greatest extent practicable, the natural features of the land, including the existing topography and landscaping.
(b) Neighborhood Character
Proposals shall be reasonably compatible with the existing neighborhood character in terms of the scale of development of surrounding residences, particularly those within 300 feet of the proposed development parcel boundaries. While many elements can contribute to the scale of a residential structure, designs should minimize the appearance of over or excessive building substantially in excess of existing structures in the neighborhood. The square footage of the structure and the total lot coverage should reflect the uncrowded character of the City and the respective neighborhood. The height of the structures shall maintain, to the extent reasonably practicable, consistency with the height of structures on neighboring parcels.
(c) Privacy
Design proposals shall respect to the extent reasonably practicable the existing privacy of adjacent parcels by maintaining an adequate amount of separation between the proposed structure and adjacent parcels, and the design of balconies, decks, and windows should respect the existing privacy of adjacent parcels.
(d) Views
Designs should consider, to the extent reasonably practicable, neighbor's existing views.
9.43.020 PROCESS
The following requirements shall apply to all proposals for construction of new, or modification of, or addition to existing structures, for all residential parcels.
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(d) Submission to Adjoining Property Owners
If, in the opinion of the Director, a proposed improvement would directly impact a neighboring parcel, the applicant shall submit the application for Architectural Review to the owner of the adjoining parcel for review and comment.
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