Fulfilling an initiative that was first supported by 60 percent of local voters more than 5 years ago, the Malibu City Council on Monday unanimously approved a view restoration and preservation ordinance.
“This has been put to bed,” Councilwoman Laura Rosenthal said after the 5-0 vote.
View preservation entitles private homeowners to preserve their primary 180-degree view beginning Feb. 13, 2012 “or a date thereafter.”
If a private homeowner has documented his or her primary view with the city and that view is later obstructed by a neighbor’s foliage, the homeowner could initiate informal talks with their neighbor to have the foliage removed. Should informal talks fail, the complainant could offer mediation or binding arbitration as an option.
If the neighbor declines arbitration, the homeowner can move on to the Planning Commission.
View restoration entitles private homeowners to restore a view dating back to March 28, 1991 (when Malibu was incorporated as a city), or the date the owner obtained the property. The city is taking a hands-off approach to restoration disputes. Instead, neighbors would settle conflicts through a “private right of action” program, first through informal discussions, then mediation or arbitration, and, if that fails, a civil lawsuit.
In the case of a lawsuit, the city’s planning director could issue an advisory opinion favoring one party, but the city would not enforce the opinion.
The ordinance was first introduced in 2008, when 60 percent of Malibu voters approved an advisory ballot measure presenting the idea of view preservation.