Orinda's view preservation ordinance: a private right the City does not enforce, and how to use it
By Michael Schuck, ISA Certified Arborist WE-15750A, ISA Certified Urban Forest Professional WE-15750AF · Last reviewed 2026-10-23
What the ordinance protects (17.22.3, 17.22.4)
- View: a scene from the primary living area of a residence or the active use area of a nonresidential building, "generally medium or long range in nature, as opposed to short range"; Mt. Diablo and Briones Reservoir are the code's own examples.
- Sunlight: direct or indirect sunlight reaching the primary living area.
- Tree: a woody plant that can obstruct a view or sunlight and "exceeds fifteen (15) feet in height."
- Baseline: the preexisting view or sunlight when the current owner purchased or the occupant took lawful possession, and "at any time thereafter." Restoration may not produce a greater view than was documented during the complainant's tenure (17.22.9C).
What is unreasonable (17.22.7)
The extent of the obstruction now and at the tree's maturity, the quality of the view, interference with solar energy systems, diminishment from other causes, the complainant's length of residence, and the size of the tree when the current occupant acquired the property. A view gained through tree work later found illegal is not protected (17.22.5), and the chapter authorizes no clear-cutting or substantial denuding (17.22.2F).
The process (17.22.11 to 17.22.14)
- Notice and reconciliation (17.22.11A). Written notice to the tree owner, ideally with personal discussion; neighborhood associations may help.
- Mediation (17.22.11B). Proposed in writing. The owner has 30 days to accept or reject; the parties agree on a mediator within 10 days of acceptance. Costs split 50/50 (17.22.15A).
- Tree claim (17.22.12). Evidence of the obstruction, tree locations, proof that reconciliation and mediation failed, and the proposed restorative action.
- Binding arbitration (17.22.13). Offered in writing; the owner has 30 days to respond; arbitrator agreed within 21 days. The written report contains findings, required actions and a schedule, enforceable under Code of Civil Procedure 1280 et seq.
- Litigation (17.22.14). If arbitration is declined; the complaint must state that arbitration was offered and not accepted.
City-owned trees are exempt (17.22.18) and go to the Director of Public Works. Existing easements and covenants are unaffected (17.22.17). A violation is "not a misdemeanor or an infraction" (17.22.16C); the City allocates no resources to enforcement (17.22.2G).
Restorative actions (17.22.9, 17.22.10)
Trimming; thinning or windowing; topping; removal with replacement plantings; removal without replacement. The guidelines: trimming for minor obstruction, topping "with caution," removal "may be preferable in many cases," aggressive action preferred for undesirable species and stump regrowth. Thinning or windowing "should be supervised by a certified arborist" (17.22.10F); work affecting a retained tree's health follows ISA standards (17.22.9E). Protected trees may need a Planning Director permit and heritage trees City Council approval (17.22.10B, C). Orinda protected-tree rules →
What the View Obstruction Report does in Orinda
- Documents the preexisting view from the primary living area against your tenure evidence, and today's obstruction, tree by tree.
- Identifies each tree over 15 feet to species and condition, flagging protected and heritage trees and the approval each needs.
- Addresses the 17.22.7 criteria, including obstruction at maturity, which is where an arborist's growth-rate opinion decides the case.
- Proposes restorative action under 17.22.9 and 17.22.10 with the arboricultural consequence of each, written so a mediator or arbitrator can adopt it.
- Assembles the tree claim contents under 17.22.12.
From $950. Mediation and arbitration attendance $250 per hour. Also ordered by tree owners responding to a notice. Start the report
Source
- Orinda Municipal Code Chapter 17.22, View Preservation (third-party reproduction), reviewed October 23, 2026. Confirm current text with the City of Orinda before filing.
Questions people ask
Does Orinda have a view ordinance?
Yes. Orinda Municipal Code Chapter 17.22, View Preservation, gives a person the right to preserve or restore a view or sunlight from unreasonable obstruction by trees over 15 feet tall. The chapter calls it "a private right between persons" that the City does not enforce.
What view is protected?
The preexisting view or sunlight from the primary living area of a residence (or active use area of a nonresidential building) as it existed when the current owner bought or the occupant took possession, and at any time thereafter. Restoration cannot exceed what was documented during your tenure.
Does the City hold a hearing?
No. The steps are written notice, a mediation offer (30 days to respond), a tree claim, binding arbitration if both agree (30 days to respond, 21 days to pick an arbitrator), and otherwise court. City-owned trees are exempt and go to Public Works.
Who pays?
Mediation and arbitration are split 50/50 unless the parties agree otherwise or the neutral allocates them. Restorative work is paid as agreed, mediated, arbitrated or ordered by the court.
Can the ordinance force removal of a protected or heritage tree?
Protected trees may need a Planning Director permit and heritage trees need City Council approval (17.22.10B, C). The view chapter does not override those; the report flags them before you propose removal.
When you need a lawyer instead of (or as well as) an arborist
Call a California attorney first if a lawsuit has already been filed, if the damage is over the small claims limit and the other side will not negotiate, or if the dispute is really about where the property line is. We work alongside attorneys every week and the report is written to be used in that setting, but we do not give legal advice and we do not opine on property lines. How we work with attorneys →