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Wednesday, August 01, 2012

Deadline Nears for View Restoration Applications

• Directives Dependent on Participation

BY BILL KOENEKER

Homeowners have until Sept. 26 to submit a View Restoration Program application, according to city officials.
The Malibu City Council enacted an experimental wait-and-see VRP for property owners interested in restoring a previously existing view currently blocked by landscaping on March 12, 2012.
The program currently exists as a head count for planning officials and council members to see how many applicants are interested in pursuing restoration for council members to determine whether they would enact legislation.
In a municipal press release announcing the deadline, planners note a view may be restored to a view that existed on the date of city incorporation (March 28, 1991) or the purchase date, whichever is more recent, if future restoration rights are enacted. Future restoration rights may apply only to VRP participants.
Interested property owners were invited to submit a VRP application starting March 26, 2012, and must be received on or before Sept. 26, 2012.
“Currently, there is no ordinance that allows for restoration of a pre-existing view obstructed by landscaping. The View Restoration Program is a program for property owners to inform decision-makers that they are interested in utilizing an ordinance that allows for restoration of a view if a law were to be adopted in the future. Future view restoration regulations may be enacted that apply only to those who have submitted a View Restoration Program application.
“Results will be reported to the city council, at which time the council may consider enacting view restoration rights to VRP participants,” the press release states.
City planners say property owners will be required to provide evidence of a pre-existing view, proof of ownership and date of acquisition of property at the time of submittal.
There is an application fee of $271. Upon receipt of an application, planning staff will contact the applicant to schedule an  appointment to conduct a site visit to document how the applicant’s existing view compares to the pre-existing views.
If future restoration regulations are not adopted, VRP participants may request a refund of their $271 application fee, unless they want the city to retain pictures of their existing view for view preservation purposes.
Property owners who wish to both preserve their existing view and possibly restore a view they had in the past if a future ordinance were to be enacted may submit what is called a uniform application requesting a primary view determination and a view restoration program application. At the time of submittal, property owners are required to pay the $271 fee one time.

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