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1. There are trees that are blocking my view. What can I do?

The City’s View Ordinance was adopted to provide residents and property owners a legal process to resolve these issues. The intention of the View Ordinance is to provide a framework that encourages view owners and foliage owners to work together to resolve issues amicably and civilly. Review the View Restoration process or View Preservation process to see which might be appropriate for your situation. If you have questions after reading these two sections, call the City Planning Hotline at 310-456-2489, extension 485. View Preservation & View Restoration webpage

2. What is the difference between View Preservation and View Restoration?

The easiest way to differentiate between the Preservation process and Restoration process is by what photos are being used as evidence of the view:

- If you have personal photos you want to use to show a foliage owner the view you had in the past and would like to “restore,” then you follow the View Restoration process.
- If you obtained a Primary View Determination from the City to document your view, and this view has been impaired by the growth of trees and foliage, you would “preserve” your documented view through the View Preservation process.

The View Preservation process also allows a party to obtain a View Preservation Permit, which can be enforced pursuant to the penalty provisions of MMC 17.45.080 or pursuant to a private right of action to require compliance with the permit. If, through such an action to enforce the permit, the terms of the permit cannot be reopened, the court will only decide whether there is a violation of the permit.

View Restoration can only be enforced through a private right of action if the parties are unable to reach agreement. In such an action, an advisory opinion from the City can be considered by the court, and should be given deference, but it is not binding on the view issues. View Preservation & View Restoration webpage

3. If I have a Primary View Determination conducted at my property, and the view improves due to tree or foliage removal, can I get a new Primary View Determination?

Yes, the same procedure used to obtain the original Primary View Determination can be used to update the view determination. However, the viewing spot cannot be changed. Primary View Determination webpage

4. Whose responsibility is it to pay for tree trimming, the view owner or the foliage owner?

Unless otherwise agreed to by all parties, or required by an arbitration decision or court order, M.M.C. Section 17.45.130(C) states the view owner is responsible for the cost of restorative action (initial trimming or foliage removal needed to restore a view). The foliage owner is responsible for paying the costs of any subsequent maintenance of foliage.

5. If my neighbor with the trees and I reach an agreement, what do we do next?

If you and your neighbor have come to an agreement over the trimming or removal of trees or foliage, including future maintenance of the foliage, the agreement needs to be put into writing.

Once an agreement has been reached, you (as the view owner/claimant) can apply for a View Preservation Permit from the Planning Director to memorialize the agreement for future use. (See Step 5 under View Preservation)
View Preservation webpage

6. Do I have to follow the View Preservation process before requesting a View Preservation Permit from the City?

Yes, a View Preservation Permit will not be issued unless this process is followed.

7. What happens once the Planning Commission issues a View Preservation Permit for restorative action, and who enforces these permits?

To comply with the City's View Ordinance, the view owner is responsible for the initial trimming of trees and foliage. After the initial trimming, the foliage owner is responsible for ongoing maintenance of the foliage. If the foliage owner fails to comply with the permit, the foliage owner will be subject to the penalty provisions of MMC Section 17.45.080. The view owner may also initiate a civil action to enforce the terms of the permit. MMC Section 17.45.080

8. I'm in a Woolsey Fire area, can I obtain a Primary View Determination?

On September 9, 2019, the City approved Ordinance 450 to protect victims of disasters from having primary view corridors established over their properties that would unfairly limit the size and/or location of future replacement structures or replacement landscaping damaged or destroyed by a disaster. Please review Chapter 17.45.150 of the Municipal Code for expiration of prohibition information and timelines. If you have additional questions after reading that section, call the City Planning Hotline at 310-456-2489, extension 485.