Title 13 — STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 13.28 — STREET TREES, HEDGES AND SHRUBS
San Jose Municipal Code · 2026-09 edition · updated 2026-09-29 · San Jose
State Law reference— For statutory provisions on the planting of trees along public streets, see Str. And Hwys. Code § 22000 et seq.
Part 1 - GENERAL PROVISIONS
13.28.005 - Purpose of provisions.¶
It is the purpose of this chapter to promote the health, safety, and welfare of the city by regulating the planting, removal, and maintenance of our community forest.
(Ord. 29000.)
13.28.010 - Definitions.¶
The definitions set forth in this part shall govern the application and interpretation of this chapter.
(Ord. 29000.)
13.28.015 - American National Standards Institute.¶
"American National Standards Institute (ANSI)" shall mean the most current version of ANSI A300 (Part 1 - Pruning) setting forth the standards and practices for the care and protection of trees, shrubs, hedges, and other plants.
(Ord. 29000.)
13.28.020 - Corner lot.¶
A "corner lot" shall mean any lot which is bounded on two or more sides by streets.
(Ord. 29000.)
13.28.025 - Critical root zone.¶
"Critical root zone" shall mean a defined circular area around a tree with a radius measured to the nearest foot of the tree's longest dripline radius plus one foot as illustrated below:
(Ord. 29000.)
13.28.030 - Dead.¶
"Dead" shall mean a tree that is no longer alive, has been damaged beyond repair, or is in an advanced state of decline (where an insufficient amount of live tissue, green leaves, limbs, or branches exist to sustain life) and has been determined to be in such a state by the director.
(Ord. 29000.)
13.28.035 - Director.¶
"Director" shall mean the director of transportation of the City of San José or such other person designated by the city manager to administer and enforce the provisions of this chapter.
(Ord. 29000.)
13.28.040 - Emergency permit.¶
"Emergency permit" shall mean a permit issued in cases where the director determines that a tree, shrub or hedge subject to this chapter presents an imminently hazardous condition.
(Ord. 29000.)
13.28.045 - Hazardous condition.¶
"Hazardous condition" shall mean any tree, shrub or hedge that is or appears to be (i) dead; (ii) likely to fall; (iii) seriously diseased; (iv) an obstruction or potential obstruction to pedestrian or vehicular travel in any street; (v) an obstruction or potential obstruction to any traffic signs, traffic controls, streetlights, regulatory sign, or similar type of equipment or sign; or (vi) in a condition that is detrimental to the public health, safety, or general welfare.
(Ord. 29000.)
13.28.050 - Hedge.¶
"Hedge" shall mean any group of shrubs planted in line or in groups so that the branches of any one plant are intermingled or form contact with the branches of any other plant in the line or the group.
(Ord. 29000.)
13.28.055 - Imminently hazardous condition.¶
"Imminently hazardous condition" shall mean a hazardous condition which presents an immediate threat to the health, safety or general welfare of the public which requires immediate action to abate.
(Ord. 29000.)
13.28.060 - Interior lot.¶
An "Interior lot" shall mean any lot which is not a corner lot.
(Ord. 29000.)
13.28.065 - Furnishing zone/parkstrip.¶
"Furnishing Zone/Parkstrip" shall mean that area of the street lying between the face of curb and the Sidewalk Through Zone.
(Ords. 29000, 30100.)
13.28.070 - Planting easement.¶
"Planting easement" shall mean an easement in the name of the city for planting trees, shrubs or hedges contiguous to the public right-of-way for vehicular traffic.
(Ord. 29000.)
13.28.075 - Prune.¶
"Prune" shall mean to remove any segment of the above or below-ground woody tissue of a tree, shrub, or hedge.
(Ord. 29000.)
13.28.080 - Public place.¶
"Public place" shall mean any real property owned by, leased to or under the control of the City of San José.
(Ord. 29000.)
13.28.085 - Shrub.¶
"Shrub" shall mean a bush, not a hedge, or a plant more than twelve inches tall but not more than six feet tall.
(Ord. 29000.)
13.28.090 - Street.¶
"Street" shall mean a public right-of-way owned by or under the control of the City of San José whose primary function is to carry vehicular traffic and shall also include sidewalks, park strips and planting easements.
(Ord. 29000.)
13.28.095 - Street tree.¶
"Street tree" shall mean any tree that is planted on a street.
(Ord. 29000.)
13.28.100 - Topping.¶
"Topping" shall refer to the removal of branches from mature trees leaving stubs and large wounds on such trees.
(Ord. 29000.)
13.28.105 - Tree.¶
"Tree" shall mean any perennial, woody plant species or cultivar that reaches a height exceeding six feet at maturity, whether planted singly or as a hedge, and having secondary branches supported on a main stem or stems.
(Ord. 29000.)
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