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- 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
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
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.