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LWV League of Women Voters of California Education Fund
Smart Voter
Los Angeles County, CA April 8, 2008 Election
Measure Malibu-E
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City of Malibu

Advisory Vote Only

1,532 / 60.3% Yes votes ...... 1,009 / 39.7% No votes

See Also: Index of all Measures

Information shown below: Impartial Analysis |

Should the Malibu City Council adopt an ordinance that would require the removal or trimming of landscaping in order to restore and maintain primary views from private homes?

Impartial Analysis from
Christi Hogin, City Attorney
Measure E is an advisory measure. The purpose of the measure is to ascertain whether the voters want the City Council to enact an ordinance that would require property owners to remove or trim their landscaping in order to restore and maintain primary views from neighboring private homes. Measure E, however, would not legally require the City Council to adopt such an ordinance.

Currently, the City’s land use regulations protect primary views from being obstructed by landscaping under certain circumstances. For example, when a property owner applies for permits to build a new home, the City approves a landscape plan in which new vegetation is situated on the property so as not to obstruct signifi cantly the primary view from neighboring private property. For purposes of the City’s regulations, “primary view” means visually impressive scenes of the Pacifi c Ocean, offshore islands, the Santa Monica Mountains, canyons, valleys, or ravines as viewed from one viewing point. For only the Malibu Country Estates subdivision, the City enacted additional regulations that create a procedure where property owners may have landscaping cut or removed from other people’s property where it obstructs their primary views.

The City’s land use policies seek to protect views from private property, to preserve the natural environment, to promote certain types of landscaping and to protect the privacy of residents. In some cases, situations arise where these values confl ict; for example, in some instances the City must determine whether to sacrifi ce existing mature trees on a residential property in order to restore an ocean view from a neighboring private residence.

The City Council has placed this advisory measure on the ballot to ask the voters their opinion. If approved, Measure E would advise that the voters want the City Council to enact an ordinance that would require the removal or trimming of landscaping in order to restore and maintain primary views from private homes. If not approved, the implication would be that the voters do not advise the City Council to enact such an ordinance.

A “yes” vote is in favor of advising the City Council to adopt an ordinance that would require the removal or trimming of landscaping in order to restore and maintain primary views from private homes. A “no” vote is against advising the City Council to adopt such an ordinance. A majority of “yes” votes is required for the advisory measure to pass.

  Official Information

City of Malibu
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Created: May 31, 2008 13:36 PDT
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