On March 12, 2012, the Malibu City Council implemented the View Restoration Ordinance which allows the preservation of primary views as they existed on February 13, 2012, or a date thereafter.
To begin, a primary view is the breathtaking view of the Pacific Ocean, canyons, valleys, ravines, waterfalls, or the Santa Monica Mountains. Your primary view is taken from the “main viewing area” in your home, condo, or apartment. Main viewing areas are located on the ground floor of a structure unless the primary living area of that structure (excluding bedrooms) is not located on the ground floor. If the primary living area of the structure is above the ground floor, the primary view is generally located in the primary living area or on a deck or patio found at about the same elevation as the primary living area. Hallways, closets, bathrooms, garages, and mechanical rooms shall not be considered main viewing areas.
While there is no deadline to request a primary view determination, property owners are encouraged to request documentation of their current view as soon as possible. By holding photographic evidence of your current view, if in several years your neighbor’s landscaping begins to grow and obstructs your view; it would be considered restoration of your view to current times.
Property owners interested in preserving their primary views should request a primary view determination by submitting a Uniform Application. Upon receipt of a primary view determination request, staff will conduct a site visit to document your existing view.
For a copy of the ordinance, go to malibu city on the Planning Department page.