View Preservation Permit from the Planning Commission
If attempts at informal discussion, mediation, and binding arbitration do not result in agreement between the foliage owner and view owner, the view owner may submit a View Preservation Permit application to the Planning Commission, requesting preservation of the primary view corridor documented by staff on or after February 13, 2012.
Application Submittal Requirements
The following are required to be included by the view owner when submitting a View Preservation Application:
- Uniform Application completed by the applicant/view owner (Claimant), providing contact information and signing the back of the application
- Application fee of $1,500
- Names of the foliage owner(s) and the address(es) of the property(ies) where the foliage is located
- Primary View Determination photographs taken by staff demonstrating photographic evidence of the primary view prior to obstruction
- Evidence confirming the ownership and date of acquisition of the claimant’s property
- Evidence of attempt at informal discussions (registered or certified mail return receipt for letters sent to the foliage owner)
- Evidence of attempt at mediation (registered or certified mail return receipt for letters sent to the foliage owner)
- Evidence of attempt at binding arbitration (registered or certified mail return receipt for letters sent to the foliage owner)
- A tree survey (if requested by the Planning Director)
- Restorative actions proposed by the claimant to preserve the primary view, specifying the trees to be trimmed and how much trimming is requested
- Declaration of the claimant’s willingness to bear the cost of the restorative actions
- Any supporting documents, such as arborist reports, or any private agreements reached during informal discussion, mediation, or non-binding arbitration decisions, etc.
View Preservation Permit From the Planning Commission - Process
Once an application is submitted, Planning Department staff will conduct a site visit to the view owner’s property to document the alleged obstruction from the Primary View Determination location. Staff will also make reasonable attempts to conduct a site visit to the foliage owner’s property, subject to the foliage owner’s authorization. If the foliage owner does not permit staff to access their property, Planning Department staff shall prepare a report using other information available, including, but not limited to, information provided by the claimant.
The View Preservation Permit shall be considered by the Planning Commission at a noticed public hearing.
Refer to MMC Section 17.45.060(E) for more information regarding the Planning Commission’s review of a View Preservation Permit.
Enforcement of a View Preservation Permit
A View Preservation Permit can be enforced pursuant to the penalty provisions of MMC 17.45.080, or privately through the courts, for compliance with the permit. In 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.