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INFORMATION GUIDE
City of
Laguna Beach
VIEW RESTORATION
PROCESS
Community Development
Department
Background
The View Preservation and Restoration Ordinance, LBMC Chapter 12.16 was adopted on June 17, 2014 and later enacted on December 17, 2014. The process is intended to attain an equitable balance between a property owner's loss of views and a vegetation owner's right to the enjoyment of vegetation on their property. It is the city's goal that property owners can resolve issues related to views through neighborly communication, however, should neighborly discussions result in an impasse, a property owner may file a view restoration claim to restore established pre-existing views. The ordinance is not intended to encourage or result in denuding a property of trees, but instead, restore established views that have become significantly impaired by vegetation. The view restoration claim process encompasses three-phases that are listed below.
Phase 1
The initial application, the Notice of Intent to File Phase 1 submittal, is an agreement by the applicant to attend a mediation meeting with the vegetation owner facilitated by the city's contracted mediator. The mediation meeting is an opportunity to discuss the view concerns of the applicant and the trimming concerns of the vegetation owner. Site visits are conducted at both properties by the mediator and city staff prior to the mediation meeting held at City Hall. The mediator is guided by the provisions of the ordinance to reach a private agreement between the parties; however, the mediator shall not have the power to issue binding orders for restoration actions. The filing fee for Phase 1 is $748 which is paid by the applicant. The Phase 1 filing fee serves as a retainer for the services of the contracted mediator who is paid directly from the filing fee.
Phase 2
Should the parties fail to reach a private agreement in the mediation process, the applicant has the option to file a Formal View Restoration application to request restoration of pre-existing views at a noticed public hearing before the View Restoration Committee. This is Phase 2 of the process. The filing fee for Formal View Restoration, Phase 2, is $1,048.
In Phase 2, the committee must find that the applicant has; • completed Phase 1, mediation of the claim,
• established proof of prior communication,
• provided proof of a pre-exiting view from the primary residential structure or secondary dwelling unit and • demonstrated that the impaired view meets the criteria for significant view impairment, LBMC Section
12.16.030.
The Committee, after a site visit to the claimant's property, shall hear public testimony and deliberate the required findings detailed in LBMC Section 12.16.050(3)(0). The Committee will consider adoption of a Resolution to establish a level of trimming to restore the pre-existing view and a maintenance schedule to establish the frequency of future trimmings. The Resolution shall be recorded with the County of Orange and shall be binding on the claimant and the vegetation owner and their heirs and successors. The decision shall be disclosed in any Real Property Report required by LBMC Chapter 14.76. Appeal Process: Any decision of the View Restoration Committee may be appealed to the City Council by either party within 14 calendar days of the date of the decision.
07/2022
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ATTACHMENT 6
Phase 3
The remedial actions adopted by Resolution of the View Restoration Committee shall be completed in Phase 3 of the process. The claimant and/or the vegetation owner shall submit estimates to the City for the initial trimming within 30 days of the committee's decision following the 14-calendar day appeal period. The initial trimming shall be performed and/or supervised by an ISA certified arborist. The selected vendor is vetted by city staff to confirm licensing requirements and insurance coverage levels meet city requirements. The claimant shall submit funds to the city in the amount of the lowest estimate to establish a deposit trust account for the cost of the initial trimming.
The vegetation owner is notified to schedule the initial trimming which must be completed within 90 days of notification from the city. The city may utilize its code enforcement and/or nuisance abatement process to authorize a bonded tree service to perform the work at the vegetation owner's expense should the vegetation owner fail to comply with the Resolution within the specified time frame.
Upon completion of the initial trimming, staff confirms that the level of trimming is in compliance with the adopted Resolution and compliance photographs are taken to mirror the view corridor from the claimant's property. The compliance photographs, in conjunction with the Resolution and any attached Exhibits, shall be used for determining compliance to the maintenance schedule for all future trimmings.
Exemptions
The following types of vegetation are exempt from the provisions of the view restoration process. • Vegetation that does not significantly impair a view as defined in LBMC 12.16.030. • Vegetation that is less than six feet in height or situated more than five hundred feet from the boundary of the claimant's property.
• City-maintained vegetation which includes vegetation in city parks, on city properties and designated citymaintained street trees. • Heritage trees listed on the city's official heritage tree list established by the City Council pursuant to Chapter 12. 08.
• Vegetation approved through the design review process in which height limits were established. • Vegetation approved by a hedge height claim processed pursuant to Chapter 12.14. • Vegetation approved by a view claim processed prior to 12/17/2014 pursuant to Chapter 12.16. • Vegetation subject to a settlement agreement commenced in a court of competent jurisdiction. 07/2022
Laguna Beach
View Restoration Process
Initial Communication and Mediation
1 st Phase
Initial Communication
Claimant makes a cooperative attempt to resolve
the view conflict with vegetation owner
without City involvement.
Claimant submits for a
Notice of Intent to File a View Restoration Claim.
Mediation
Staff sends a
Notice of Intent to File a View Restoration Claim
to affected vegetation owners requesting
a mediation meeting response within 14 days.
Staff schedules for a mediation meeting.
Vegetation owner agrees
to a mediation meeting.
A mediation meeting is held with affected persons,
staff and mediator to discuss the
view restoration process, and an effort is made
to achieve a mutually acceptable resolution
of the view issue.
Mediator prepares a written agreement outlining the
agreed upon view restoration and maintenance
provisions that is signed by the affected persons.
View restoration agreements are privately
maintained and implemented
without City involvement.
Resolution agreement.
View is restored.
No agreement is reached.
Agreement is reached.
Claimant applies for a View Restoration
Claim.
Vegetation owner
fails to respond.
Vegetation owner
does not attend
mediation meeting
or a resolution agreement
is not reached.
Laguna Beach
View Restoration Process
View Restoration Claim
2 nd Phase
View Restoration Claim
Claimant applies for a View Restoration Claim. (Application is allowed only after completion of required initial communication and mediation phase).
Claimant must provide adequate proof of a pre-existing view.
After application is deemed complete, staff prepares a staff report, which may include an arborist report. Staff prepares and sends out a View Restoration Claim public hearing notice to the claimant and affected vegetation owners 14 days prior to the View Restoration Claim public hearing.
Staff sends the claimant a written notice that the View Restoration Claim is denied and the explanation of the process for an appeal to City Council.
The decision of the VRC is final unless an appeal is filed within 14 calendar days.
Appeal
If an appeal is filed within 14 calendar days after the decision by the VRC, the City Manager sets a date for the City Council appeal public hearing. Staff sends the affected property owners a public hearing notice 14 calendar days prior to the hearing.
View Restoration Hearing
After the View Restoration Committee (VRC) members visit the site to view the claimant’s view and vegetation at issue, a public hearing is held. At the hearing, the VRC considers all testimony and information, and then determines whether or not there is significant view impairment of a pre-existing view per the definitions and criteria set forth in the View Preservation and Restoration Ordinance. No determination of significant view
impairment of a
pre-existing view.
Staff sends all parties a follow-up transmittal letter with a View Restoration Order containing the required findings, required specific view restorative actions and future vegetation maintenance conditions and responsibilities. An explanation of the appeal process to City Council by any party is also sent. The decision of the VRC is final unless an appeal is filed within 14 calendar days.
Significant view impairment
of a pre-existing view
is determined.
City Council Decision
At the appeal hearing, the City Council makes a final determination regarding the View Restoration Claim. Staff sends all parties the appropriate follow-up transmittal letters with required attachments.
Appeal is filed.
Claimant files an appeal.
Laguna Beach
View Restoration Process
View Restoration Order
3 rd Phase
View Restoration Order
Staff sends the view claimant and vegetation owners the View Restoration Order (VRO), which outlines the required specific view restorative actions and future vegetation maintenance
conditions and responsibilities.
Bid and Deposit
The VRO contains the notification of and condition that the view claimant is required to obtain bids for the required restorative action, from a licensed, bonded and insured tree service contractor and post a deposit for that cost with the City within 30 days.
View is Restored
Vegetation Trimming
After the view claimant establishes a deposit trust account with the City and deposits the funds to pay for the required restorative action, staff sends the vegetation owner a 90-day notice to contract with the tree trimming service and to perform the required restorative action.
After the required restorative action is performed and staff verifies all of the terms of the VRO, the vegetation owner is paid for the cost of the work from the funds held in the deposit trust account.
Enforcement
If there is any VRO noncompliance issue, either initially or long-term in regards to on-going vegetation limits or property access issues, City staff starts the processes to obtain the appropriate legal access authorization and code enforcement and/or nuisance abatement in order to authorize and obtain compliance. Liens or assessments recorded against the vegetation owner’s property are allowed.