Orinda council begins process to update tree ordinance; staff to draft exceptions for insurance and '5-foot' cases

The Orinda City Council on Feb. 18 discussed proposed amendments to Orinda Municipal Code chapter 17.21 (the Tree Management Ordinance) and asked staff to draft changes that would add a narrow exception permitting tree removal when required by an insurance company and to clarify a potential “5-foot” exception for trees adjacent to homes.

Director Cross reviewed the ordinance’s current exceptions and staff recommendations, saying staff had “only seen three applications, and two inquiries” so far this year and stressing the need for documentation when an exemption is requested. “If we do receive them, I’ll just say in my time, I haven’t seen a letter from MOFD,” Director Cross said, adding that the insurance letters provided by applicants typically identify which trees are involved.

Staff proposed requiring written documentation from the entity asserting the need (for example, an insurance company) and suggested that exceptions be treated similarly to existing emergency exceptions, with no fee if the removal meets the exception criteria. Director Cross said the current base application fee is $189 plus $60 for each additional tree for standard permitting; staff indicated the insurance exception, if adopted, likely would not carry a fee when applied as an exception.

Council members raised questions about how insurance companies identify hazard (aerial imagery vs. on-the-ground inspection), whether redwood trees are included as protected specimens, and whether a Zone 0 or “5-foot” exception should be added sooner rather than waiting for state regulations. Vice Mayor Iverson asked whether fees would be modified; Director Cross replied that an adopted exception could waive fees for those cases.

Council members also reviewed recent permit volumes: Director Cross said the city had received five tree-permit-related inquiries or applications so far in 2025; in 2024 the city received 24 tree-removal permits (12 were for emergency removals), and in 2023 the city received 23 permits (16 emergencies). Staff recommended returning with draft code text for a Planning Commission hearing and subsequent return to council.

The council expressed general agreement on three near-term items: add an insurance-based exception that requires documentation, clarify or add a narrowly defined “5-foot” (Zone 0) exception for trees adjacent to dwellings, and prepare public-facing guidance; staff will prepare draft text and route it to the Planning Commission for review.