Laguna Beach View Preservation Ordinance
Passed in 2016 the Laguna Beach View Preservation Ordinance establishes homeowner view rights and allows owners to reestablish pre-existing views. It, then, protects the re-established views, forever.
To prevail in a view restoration claim, the homeowner filing the claim must be within 500 feet of the offending vegetation and must be able to photographically document the former view. If the offending vegetation is more than 500 feet away, a neighbor within 500 feet would need be enlisted to file the claim.
The City defines a pre-existing view as a view that existed as of your original date of ownership or November 4, 2003, whichever is earlier. For example, if you purchased your home in 1987, you have a right to the view that existed in 1987. If you purchased your home in 2019 you have the right to views that existed in 2003.
The city mandates the following process: First, a good faith attempt to informally resolve the issue with the vegetation owner. Second, an application for Notice of Intent to File a View Restoration Claim. Third, mediation with a fee of $748. Fourth, a hearing with the View Restoration Committee with a fee of $794 and approximately $200 to notice other neighbors of the hearing. If you prevail, you will have to pay to remediate the vegetation. Going forward the vegetation owner and all future owners will have to pay to maintain the new view.
The City does allow you to hire an authorized agent, such as myself, to represent your view interests. I may be able to locate neighbors within 500 feet of the obstruction with greater view rights to file the claim. I may be able to find photos documenting your pre-existing view through the MLS. Neighbors may be able to provide photographic evidence and contribute towards expenses. One client was able to reconnect with an apologetic absentee tree owner and get his view restored for free. No guarantees.
If you are looking to sell a view impacted property, I can work to resolve the issue before listing - as you like- and later sell it at the higher restored view price. I can help you buy a view impacted property at the view impacted price. Later, I may be able to restore the view and add value, quickly.
Call 949-463-9152 for a complementary view restoration analysis.