View Ordinance Compromise in Malibu

by ritasimpson on February 15, 2012

in Community Information

Residents now have the right to keep views they currently possess, but whether they will have the right to restore views is still up in the air.
The Malibu City Council on Monday voted 3-2 to adopt a view preservation ordinance, but delayed a decision on the much more controversial subject of view restoration for approximately six months. 

The preservation ordinance allows property owners, effective immediately, to request a primary view determination from the city. For a $260 fee, planning staff will go to the property, determine the primary view and take photographs to establish the right to that view in perpetuity. If foliage from neighboring properties grows to obscure that view in the future, the property owner can have the city force the offending neighbor to trim the foliage and restore the view should mediation and arbitration between the two parties fail.

Not as clear is what will happen with view restoration. Sixty percent of Malibu voters in 2008 approved an advisory measure that asked if the council should adopt an ordinance requiring the removal or trimming of foliage “in order to restore and maintain primary views from private homes.” more

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