Protocol for Technical Assessment of Ocean View Interference (OVI)

Sunset Mesa Architecture Committee (AC)

This protocol reflects and confirms the AC’s established methodology for evaluating Ocean View Interference (OVI), and provides a formalized record of the procedures the AC applies in exercising its authority under Sections (f) and (g) of the CC&Rs. This process relies on geospatial data and comparative analysis to ensure the most impartial and consistent evaluation possible for every lot.

Submission and Approval: Important Distinctions

The following principles govern the distinction between submission of plans and approval of plans, and apply to all applications reviewed under this protocol:

Submission of plans to the AC does not constitute, and shall not be construed as, approval of those plans.

Acknowledgment of receipt of submitted plans, whether written or oral, by any AC member or the Association’s managing agent, does not constitute approval.

No communication from an AC member, officer, or agent—written or oral—constitutes approval of submitted plans unless it takes the form of a formal Letter of Determination issued pursuant to this protocol.

Only a Letter of Determination issued following completion of the applicable phases of this protocol constitutes AC approval. No construction subject to this protocol may commence until such a Letter of Determination has been issued.

Phase 1: Establishing the Pre-Fire Baseline

The AC reconstructs the pre-fire structure’s footprint and height profile using the best available data. The baseline reflects the structure that existed on the lot immediately prior to the January 2025 fire. It is tied to the lot and is not modified or reset by a sale or change of ownership.

Data Sources: Elevation and building outlines are determined by combining USGS LiDAR aerial survey data from 2016 and 2023, historical LA County building plans, and verified measurements from homes of the same model type.

Photo Verification: Baseline data is checked against historical photographs and materials submitted by the applicant to confirm the accuracy of the dimensional profile.

Baseline Summary: Upon completion of Phase 1, the AC shall prepare a written baseline summary setting forth its determination of the pre-fire structure’s key parameters, including at minimum the ridge height, footprint boundary, and primary data sources relied upon. This summary shall be provided to the applicant before or concurrent with any Phase 2 analysis, and shall be maintained in the AC’s file as part of the record supporting any Letter of Determination.

Applicant Acknowledgment: Before submitting final plans for Phase 2 review, the applicant and/or their architect of record shall execute a written acknowledgment confirming receipt of the Phase 1 baseline summary and affirming that the plans submitted were prepared with knowledge of the AC’s baseline findings.

Phase 2: Comparing the Proposed Plans to the Baseline

The proposed architectural plans are overlaid onto the established pre-fire baseline.

Identifying Differences: The AC identifies specific locations where the proposed structure’s roofline or massing exceeds the original structure’s dimensions.

Initial Compliance Check: If the analysis confirms that the proposed plans introduce no new feature (including building massing, walls, fences, decks, balconies, or landscaping) that obstructs ocean view within any Protected View Corridor relative to the baseline, the plans are verified as compliant from an OVI perspective and the AC approves the plan by issuing a Letter of Determination.

When Further Review Is Required: Any measured increase in massing, or any other new view-obstructing feature, that falls within any Protected View Corridor requires a Phase 3 analysis.

Phase 3: Protected View Corridor Mapping

For projects requiring further analysis, the AC maps “Protected View Corridors” to measure the impact.

Corridor Definition: A protected corridor is defined by the sightline from any living area or outdoor living space (including decks, patios, yards, and windows) on neighboring properties toward the ocean.

Spatial Verification: Proposed massing model is overlaid into photo records of impacted view corridors and/or placed into a digital scene of the neighborhood built from LiDAR data. Massing models are checked against the Phase 1 elevations to confirm accurate scale. Both LiDAR-based modeling and photographic overlay analysis are recognized analytical tools; the methodology or methodologies employed in any given application shall be documented in the AC’s record.

Identification of new Ocean View Interference (OVI) using supported tools. OVI is defined as any reduction in the amount of visible ocean as seen from a protected view corridor and caused by features from one property (including the massing of any structure, walls, fences, decks, balconies and foliage) that are incrementally more obstructive to ocean view compared to the status quo. The status quo is established as the views afforded on January 6, 2025 for fire rebuild evaluations. OVI is taken seriously in Sunset Mesa because it is an ocean view neighborhood from its inception and governed by recorded CC&Rs that authorize the AC to regulate impacts to properties’ ocean views. The mere existence of OVI does not, by itself, warrant disapproval; only OVI determined to be unreasonable under Phase 4 supports an adverse determination.


Expert Consultation and Retention

The AC may, at its discretion, retain a licensed architect, surveyor, civil engineer, or other qualified expert to assist in any phase of the OVI analysis. The following principle applies:

The findings and opinions of any retained expert may be incorporated into the Letter of Determination and shall be maintained as part of the AC’s file.

Review Timeline

The AC will endeavor to complete each phase of review within a reasonable time following receipt of a complete application and all required submissions. Timelines may be extended where additional data gathering, expert consultation, supplemental submissions from the applicant, or other factors require additional time. The following principles apply:

An application is not complete, and the review period does not commence, until the AC has received all required plans, the executed Phase 1 baseline acknowledgment, and any other materials specified by the AC. This includes a recent survey, elevation drawings with clear dimensions and overlays showing the previous and proposed structures’ silhouettes superimposed over elevations, and all elevation data presented at NAVD88 vertical datum standard in submitted surveys and elevations.

Timeline pressures, including fire rebuild schedules, do not modify or waive the AC’s authority to complete a thorough review, and do not constitute grounds for any inference of approval.

Phase 4: Analytical Criteria for OVI Determination

The determination of whether OVI is “unreasonable” is conducted through a multi-factor analysis of the site-specific data. The AC evaluates the following factors:

Percentage of View Obstructed: The amount of the total ocean view that would be obstructed by the proposed plans compared to the status quo.

Prominence of the Obstructed View: Whether the obstructed portion is a central or a marginal part of the status quo ocean view. This may include additional considerations such as:

1. The total number of unique view corridors impacted.

2. The impact of any horizon line interruption compared to the status quo

3. The impact of substantiated concerns raised by other property owners regarding specifics of the proposed plan

4. The protection of property values, including views that existed with the status quo

Reliability of the Data: The credibility and clarity of the data and supporting materials used in the analysis.

Fairness and Consistency: treating each OVI determination without bias based on the circumstances of the property, deciding in a fair, objective, and consistent manner.

Final Determination

The final Letter of Determination provides a formal conclusion based on a review of all the factors above. Where the Letter of Determination disapproves a plan, in whole or in part, it shall state the specific factor or factors supporting the AC’s conclusion that the OVI is unreasonable, and shall identify the data and analysis relied upon, including any LiDAR modeling, photographic overlays, or expert findings. This procedure ensures that each property is evaluated fairly while maintaining the AC’s commitment to processing fire rebuilds as efficiently as possible.

Construction Commencement and Enforcement

The following requirements apply to all construction subject to review under this protocol:

No construction subject to this protocol may commence until a Letter of Determination confirming compliance has been issued.

If construction commences prior to issuance of a Letter of Determination, or in a manner inconsistent with plans approved by Letter of Determination, the AC reserves the right to require cessation of non-compliant construction, remediation to a compliant configuration, and/or referral to the Board for further action pursuant to the Association’s governing documents.

Construction speed does not modify, waive, or eliminate the AC’s authority to enforce compliance with the Association’s governing documents and this protocol.