San Jose Municipal Code Part 3 Permit Requirements

A. It shall be unlawful for any person to plant or install any street tree within the city, unless one of the following conditions exists:

1. A permit that allows the planting or installation of the street tree was issued by the director in accordance with this chapter; or

2. There is a valid written contract with the city for the planting or installation of street trees approved by the city manager or city council, as applicable.

B. Each permit to plant or install a street tree shall contain the following information:

1. Name of permit applicant;

2. Time period in which to complete the action specified or required in the permit;

3. Type and species of street tree to be purchased by permittee, at permittee's expense, to be planted; and

4. Location for planting the street tree.

(Ord. 29000.)

A. Except as provided in this section, it shall be unlawful for any person to prune or remove any street tree, or do any construction work or activity that may affect the critical root zone of a street tree, without a permit issued by the director.

B. Each permit to prune or remove a street tree shall contain the following information:

1. Name of permit applicant;

2. Time period in which to complete the action specified or required in the permit;

3. Type and species of the replacement street tree to be purchased by permittee, at permittee's expense, and to be planted, if applicable;

4. Description of the pruning, if applicable; and

5. Location of removal of the street tree and replanting of the street tree or location of street tree to be pruned.

C. The director shall issue a permit to remove a street tree only if at least one of the following criteria is met:

1. The street tree is in a hazardous condition or imminently hazardous condition.

2. The type, species, or location of the street tree is in conflict with a community forest master plan adopted by the city council or the street tree policy, guidelines, and best practices published by the director.

3. The street tree interferes with high tension electrical lines and the interference cannot be corrected by topping the street tree.

4. The street tree has caused extensive concrete damage and the concrete has been replaced more than once in the preceding ten years.

5. The street tree has done extensive sewer system damage that cannot be resolved by any other reasonable means.

6. The street tree is in conflict with an approved development permit for the adjacent property or right-of-way pursuant to Title 20 of this Municipal Code.

(Ord. 29000.)

A. The director shall review each permit application for the planting, pruning, or removal of any street tree accepted for filing. As part of the review of each application, the director may request additional information from the applicant or conduct any investigation the director believes is necessary to complete the review. After the completion of the review of the permit application, the director shall provide notice to the applicant with a written decision to issue (as requested or modified) or deny the permit.

B. The notice shall be in a form prescribed by the director. The notice shall provide the opportunity for the applicant to object to the decision of the director. Any objection shall be made in writing to the director within seven calendar days of the date the notice was first mailed to the applicant. The director shall give the applicant who files a timely written objection an opportunity to be heard and will thereafter render a written decision regarding the requested permit within a reasonable amount of time, and such decision, subject to the objection process set forth in Section 13.28.360, will be final. The informal hearing may be conducted by phone, in person, in writing, or a combination thereof as required by the director.

(Ord. 29000.)

The request for a street tree planting or removal permit pursuant to the provisions of this chapter may be included as part of an application for a development permit under the provisions of Title 20 of this Municipal Code. Where the request for a street tree planting or removal permit is included as a part of the development permit application under Title 20, the development permit may serve as the street tree planting or removal permit and be processed under the application, noticing, hearing and appeal provisions applicable to the development permit application, and no separate street tree planting or removal permit application and street tree planting or removal permit is required, so long as all of the substantive provisions and permit processing requirements of this chapter are met as a part of processing that development application.

(Ord. 29000.)

A. Notwithstanding any provisions of this part, no permit shall be required for pruning or removing a street tree if any of the following criteria are met prior to any work being performed:

1. An imminently hazardous condition exists where the immediate pruning of a street tree(s) is necessary to protect the public health, safety or welfare. The person who performs the emergency work must not prune the street tree(s) more than is reasonably required to eliminate the imminently hazardous condition and must provide, within two business days of the completion of the emergency work, written notice to the director that includes a full description of the work completed, the exact location where the work was performed, and the basis for the emergency pruning.

2. An imminently hazardous condition exists and the director has provided written notice to the responsible property owner to take certain corrective action to abate the imminently hazardous condition and the work performed complies with the notice.

3. Removal of the street tree is required pursuant to the provisions of this Chapter 13.28.

4. Removal of the street tree is in connection with a city-approved public works project.

5. Removal of the street tree is in connection with a City of San José redevelopment agency project.

6. A development permit, or amendment thereto, that allows the removal of the street tree has been issued by the city and accepted by the permit applicant pursuant to the provisions of Title 20 of this Municipal Code.

(Ord. 29000.)

The director may issue an amendment to any permit issued pursuant to this part if the director makes all the required findings for the original permit and the additional finding that there are changed circumstances sufficient to justify the approval of the amendment.

(Ord. 29000.)

A. Any street tree for which a removal permit is required pursuant to Section 13.28.310, and the surrounding area, within one hundred and fifty feet on both sides of the street tree and on both sides of the street, shall be posted with a notice of proposed removal in accordance with this section, unless the director determines that such street tree poses an imminently hazardous condition.

B. The notice shall be in a form prescribed by the director, and shall be posted in a manner prescribed by the director, for a period of not fewer than fourteen calendar days to allow any objections to be filed with the director as set forth in Section 13.28.360C.

C. Any resident of the city who wishes to object to the proposed removal may file an objection in writing with the director that must be received within fourteen calendar days of the date the notice was first posted.

D. The proposed removal may be carried out seventeen calendar days from the initial date of posting if the director notifies the applicant that no timely written objection was received by the director.

E. The director shall give any person(s) who file(s) a timely written objection an opportunity to be heard and will thereafter render a written decision regarding the proposed removal. The informal hearing may be conducted by phone, in person, in writing, or a combination thereof as required by the director.

F. A copy of the director's decision shall be made available to any person who has filed a timely written objection, and such decision will be final.

(Ord. 29000.)

A. It shall be unlawful for any person to prune or remove or cause the same to be done to a street tree unless the permit or a copy of the permit allowing for this activity is maintained on the site where the street tree to be pruned or removed is located.

B. It shall be unlawful for any person to prune or remove or cause the same to be done to a street tree unless the permit or a copy of the permit can immediately be presented upon request to the director of planning, building, and code enforcement, director of transportation, police officers, and their designees.

C. It shall be unlawful for any person to engage in any work on the street tree or allow any work on the street tree that is the subject of the permit to occur unless and until: (1) the permit or a copy of the permit is located on the site where the subject tree is located; and (2) the permit or a copy of the permit is readily available for presentation upon request as described in this section.

(Ord. 29000.)

A. The director may revoke a permit issued pursuant to this part if the director determines any of the following:

1. The permit was obtained or extended by false, misleading, or incomplete information;

2. One or more conditions set forth in the permit have been violated; or

3. One or more provisions of this chapter have been violated.

B. The director shall give written notice of the revocation of the permit to the applicant. Any objection to the revocation shall be filed in writing by the applicant and received by the director within seven calendar days of the mailing of the notice. The director shall give the applicant who files a timely written objection an opportunity to be heard and will thereafter render a written decision within a reasonable amount of time. The informal hearing may be conducted by phone, in person, in writing, or a combination thereof as required by the director. The director's decision shall be mailed to the applicant, and such decision will be final.

(Ord. 29000.)