§ 17.22.4. Definitions.

In this chapter, unless the context otherwise requires:

"Active use area" means the most frequently occupied portion of a commercial building from which views are available.

"Arbitrator" means a neutral person who conducts a process similar to a trial, and who hears testimony, considers evidence, and makes a binding decision for the disputing parties.

"Binding arbitration" means the legal procedure set forth in Sections 1280 et seq., of the Code of Civil Procedure;

"Complaining party" means a property owner (or legal occupant with written permission of the property owner) who alleges that trees located on the property of another person are causing unreasonable obstruction of his or her preexisting views or sunlight.

"Heritage tree" means a tree designated by the City Council because of the tree's association with some person or event of historical significance or because of its exceptional size which exceeds fifteen (15) inches in diameter, its condition or its aesthetic qualities.

"Mediator" means a neutral, objective third person who assists people in finding a mutually satisfactory solution to a problem.

"Preexisting view or sunlight" means the view or sunlight as existed at the time the property was first purchased by the current property owner or in lawful possession by the current occupant who has maintained substantially continuous occupancy since initial occupancy.

"Primary living area" means the portion of a residence from which a view is observed most often by the occupants relative to other portions of the residence. The determination of primary living area is made on a case-by-case basis.

"Protected tree" means a tree which has been so designated in accordance with Sections 17.21.1 through 17.21.9 of the Orinda Municipal Code.

"Removal" means the elimination of a tree from its present location.

"Restorative action" means a specific requirement to resolve a tree dispute.

"Stump growth" means new growth from the remaining portion of the tree trunk, the main portion of which has been cut off.

"Sunlight" means the availability of direct or indirect sunlight to the primary living area of a residence.

"Thinning" means the selective removal of entire branches from a tree to improve visibility through the tree or improve the tree's structural condition.

"Topping" means elimination of the upper portion of a tree's trunk or main leader.

"Tree" means a woody plant with the potential to obstruct a view or sunlight, including but not limited to a tree, shrub, hedge and bush, which exceeds fifteen (15) feet in height.

"Tree claim" means the written basis for arbitration or court action under this chapter.

"Tree owner" means a person owning real property upon whose land is located a tree alleged by a complaining party to cause an unreasonable obstruction.

"Trimming" means the selective removal of portions of branches from a tree so as to alter the tree's shape or appearance.

"Unreasonable obstruction" means the obstruction of a view or sunlight, or both, which is determined to exist applying the criteria (Section 17.22.7), the purpose of this chapter (Section 17.22.1), the general principles for restorative action (Section 17.22.2) and the criteria for determining restorative action (Section 17.22.8).

"View" means a scene from the primary living area of a residence or the active use area of a nonresidential building. The term "view" includes both upslope and downslope scenes, but is generally medium or long range in nature, as opposed to short range. View includes but is not limited to distinctive geologic features, hillside terrains, wooded canyons, ridges, and bodies of water. Some examples are:

1.

Mt. Diablo;

2.

Prominent features of the East Bay Hills, such as Round Top, Huckleberry Preserve and Tilden Park;

3.

Briones Reservoir;

4.

Briones Agricultural Preserve.

"Windowing" means a form of thinning by which openings or "windows" are created to restore a view or sunlight.

(Ord. 99-5 § 2 (Exh. A (part))