The following definitions shall apply for purposes of this chapter:

                “Alter” means to take action that changes the vegetation, including, but not limited to, pruning of the canopy area, cutting, girdling, changing the water supply, applying chemicals or re-grading around the feeder root zone of the vegetation.

                “Authorized agent” means a person who has been designated and approved in writing by the property owner of record to act on his, her or its behalf in matters pertaining to view preservation or view restoration pursuant to this chapter.

                “Burden of proof” means the obligation of a claimant to produce substantial evidence supporting a description of the nature and extent of the alleged view impairment of pre-existing views. Substantial evidence means enough relevant information and reasonable inferences from such information that a fair argument can be made on the basis of the entire record to support a conclusion, even though other conclusions might also be reached. Substantial evidence may include, but is not limited to, documented and date stamped photographic prints, slides, negatives or movies. In addition, written testimony from persons with actual knowledge about pre-existing views may be provided regarding the extent to which pre-existing views have been significantly impaired by vegetation. Argument, speculation, unsubstantiated opinion or narrative, or evidence that is erroneous or inaccurate shall not constitute substantial evidence.

                “Certified arborist” means a person with an education and experience in arboriculture or horticulture and is a Registered Consulting Arborist (RCA) of the American Society of Consulting Arborists (ASCA) and/or International Society of Arboriculture (ISA) certified arborist. The certified arborist shall be chosen by staff from a list of qualified and professionally trained persons with whom the city has a contract to provide arborist services.

                “Canopy” means the umbrella-like structure created by the overhead leaves and branches of a tree or shrub.

                “City” means the city of Laguna Beach and its city council, employees and staff and those designated by the city council or city staff to act on behalf of the city.

                “City-maintained vegetation” means vegetation designated for maintenance by the city. Such vegetation includes vegetation in city parks, on city properties, and city maintained street trees within rights-of-way. City-maintained vegetation is exempt from the provisions of this chapter.

                “City property” means any real property of which the city is the fee simple owner of record.

                “Claimant” means any residential property owner or authorized agent who alleges that applicable vegetation located within five hundred feet of their property is causing a significant view impairment.

                “Clear cutting” means the removal of all the trees on a parcel at one time.

                “Complete removal” means the removal and disposal of vegetation by sawing or grinding the limbs, leaves, trunk and stump to the existing grade as determined by the view restoration committee on a case-by-case basis. Complete removal shall not include or require the removal and disposal of a plant’s root system.

                “Denuding” means the removal of all the trees from an area or all the leaves from a tree.

                “Egregious view impairment” means clear and convincing evidence of a significant view impairment where the view has been diminished over time by the growth of vegetation and/or poor maintenance practices and/or lack of consistent maintenance of vegetation and/or placement of vegetation in a view corridor and/or vegetation out of character with the landscaping in the neighborhood and, that upon evidence of proof of prior notification by a claimant, that a significant view impairment exists and there is an objectively unreasonable failure by the vegetation owner to cooperate to resolve the view impairment.

                “Hedge” means generally dense vegetation so aligned as to form a physical barrier or fence.

                “Heritage tree” means any tree or stand of vegetation that have been placed on the heritage tree list by the city council pursuant to Chapter 12.08. Any designated heritage tree is exempt from the provisions of this chapter.

                “Mediator” means a neutral, objective third party professional negotiator or facilitator to help disputing parties reach a mutually satisfactory solution regarding a view claim. The mediator shall be chosen by staff from a list of qualified and professionally trained mediators with whom the city has a contract to provide mediation services.

                “Panoramic view” means an unobstructed and wide view of an extensive area in all directions related to the view in question.

                “Partial removal” means the removal of vegetation utilizing one of the methods set forth in Section 12.16.050(c)(3)(E)(i) through (v).

                “Person” means any individual, individuals, corporation, partnership, firm or other legal entity.

                “Pre-existing views” means one or more visual scenes from selected viewing locations or areas that are not significantly impaired by vegetation and that existed on or after either the date of acquisition of the claimant’s property or November 4, 2003 (the effective date of Ordinance No. 1430 relating to view preservation), whichever is earlier. It shall be the claimant’s responsibility to sustain the burden of proof for establishing and substantiating pre-existing views. In the event that staff and/or the view restoration committee find, based upon a preponderance of the evidence, that the pre-existing view was obtained in an illegal manner and/or the documented pre-existing view supplied by the claimant was enhanced or altered in any manner, the burden of proof shall not be sustained.

                “Principal residence” and “principal residential structure” means the primary residential structure located on a lot. A principal residence and principal residential structure shall include guest houses, granny flats and secondary residential units provided that proof of the pre-existing view and a certificate of occupancy is submitted with the application. Proof of the pre-existing view from guest houses, granny flats and secondary residential units shall not pre-date the date of the certificate of occupancy of the structure/unit. Vacant lots or parcels shall not be considered principal residences or principal residential structures.

                “Privacy” means reasonable protection from intrusive visual observation.

                “Privately maintained vegetation in right-of-way” means private property owners adjacent to vegetation in the public or private right-of-way areas along developed or undeveloped “paper street” roadways, which are responsible for vegetation maintenance not specifically designated by the city for city maintenance. Privately maintained vegetation in right-of-way is subject to the provisions of this chapter.

                “Record of views” means the photographic documentation of the selected views from a particular site, established pursuant to this chapter and kept on file by the city.

                “Restoration action” means steps undertaken to eliminate a significant or egregious impairment of views, and may include, but is not limited to, partial removal, complete removal or alteration and maintenance of vegetation at a designated maximum height by trimming, thinning or reducing the height or width of vegetation on a vegetation owner’s property or privately maintained vegetation in right-of-way.

                “Selected viewing locations or areas” means one or more locations or areas chosen by the property owner(s) from an owner’s principal residential structure which are used to observe one or more views. Hallways, closets, mechanical rooms, bathrooms and garages shall not be considered or used as selected viewing locations or areas.

                “Shall” and “May.” “Shall” is mandatory and “may” is permissive.

                “Significant view impairment” means the obstruction or diminishment of a view to such a substantial extent that the desirable features of the view are blocked from viewing, and such obstruction is attributable to vegetation growth, lack of appropriate vegetation maintenance and/or inappropriate vegetation location. Section 12.16.030 establishes criteria for determining significant view impairment.

                “Street” means the entire dimension of ownership (right-of-way) along developed roadways, including vehicular paving, sidewalks and planted or natural areas.

                “Vegetation” means woody type plants or grasses taller than six feet in height with the potential to obstruct views. “Vegetation” includes without limitation trees, shrubs, grasses, hedges and bushes. However, “vegetation” shall not include any type of vegetation affected by a prior city tree or vegetation height entitlement, such as a landscape plan in which vegetation height limits were approved through the design review process specified in Section 25.05.040 or finalized hedge or view claim. In addition, “vegetation” shall not include heritage trees or city-maintained vegetation.

                “Vegetation owner” means a person owning property, including underlying fee-ownership of privately maintained vegetation in right-of-way, containing vegetation that a claimant alleges is causing a significant view impairment.

                “View” means a sight of a visual scene from a fixed vantage point or location from a property owner’s principal residential structure. The term “view” does not mean an unobstructed panorama of the features in a visual scene.

                “View dispute” means a disagreement between neighbors regarding vegetation that may be significantly impairing views.

                “View preservation” means the establishment and maintenance of views as they exist when a record of views has been established pursuant to the provisions of Section 12.16.040.

                “View preservation claim” or “view restoration claim” means an application submitted to the city by a claimant who alleges that a view has been significantly impaired by vegetation.

                “View restoration” means the re-establishment of pre-existing views as they existed on or after either the claimant’s property acquisition date or November 4, 2003 (the effective date of Ordinance No. 1430 relating to view preservation), whichever is earlier, pursuant to the provisions of Chapter 12.16.

                “View restoration committee” means the five-member committee appointed by the city council to determine view restoration claims brought by a claimant under the provisions of this chapter.

                “View restoration order” means a directive issued by the city, requiring restorative action to be performed regarding vegetation located on a vegetation owner’s property in order to restore a claimant’s view.

                “Visual scene” means the arrangement of features that form the scenic environment and may include, but is not limited to, bodies of water, beaches, white water, coastlines, skylines, islands, ridges, hillside terrains, canyons, geologic features or landmarks. (Ord. 1618 § 1, 2016; Ord. 1592 § 1, 2014).